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HomeMy WebLinkAboutORD 483 2020 1021 ORDINANCE NO. 483 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CHAPTER 3.16 (INVESTMENT OF CITY FUNDS) OF TITLE 3 (REVENUE AND FINANCE), AND SECTION 2.14.030 (FUNCTIONS) OF CHAPTER 2.14 (DIRECTOR OF FINANCE) OF TITLE 2 (ADMINISTRATION AND PERSONNEL), OF THE MOORPARK MUNICIPAL CODE WHEREAS, Ordinance No. 2 was enacted by the Moorpark City Council on July 20, 1983 to establish the Moorpark Municipal Code, including but not limited to Chapter 3.16, relating to the investment of City funds, of Title 3 (Revenue and Finance); and WHEREAS, Ordinance No. 293 was adopted by the Moorpark City Council on March 19, 2003 to amend Section 3.16.050 of Chapter 3.16 setting forth the requirement for the City Treasurer to provide periodic reports to the City Council containing information about City investments; and WHEREAS, since the City Council's adoption of Ordinance No. 2, the State Legislature has amended Section 53607 of the California Government Code to limit the authorization for the City Council to delegate its investment authority to a one-year period, renewable annually subject to review; and WHEREAS, since the City Council's adoption of Ordinance No. 293, the State Legislature has amended Section 53646 of the California Government Code to make optional, rather than mandatory, the City Treasurer's rendering to the City Council of an annual investment policy and quarterly investments reports with respect to City investments; and WHEREAS, the City Council now wishes to amend certain provisions of Chapter 3.16 of Title 3 of the Moorpark Municipal Code to address the updated provisions of the California Government Code; and WHEREAS, Ordinance No. 116 was adopted by the Moorpark City Council on November 15, 1989 to amend the Moorpark Municipal Code to add Chapter 2.12, now renumbered as Chapter 2.14, relating to the office of the Director of Finance, to Title 2 (Administration and Personnel), including but not limited to current Section 2.14.030 relating to functions of the Director of Finance; and WHEREAS, since the City Council's adoption of Ordinance No. 116, the State Legislature has amended Section 53891 of the California Government Code to extend the amount of time in which a report of the City's financial transactions is required to be furnished to the State Controller from 90 days to seven months after the close of each fiscal year; and Ordinance No. 483 Page 2 WHEREAS, the City Council now wishes to amend Section 2.14.030 of Chapter 2.14 of Title 2 of the Moorpark Municipal Code to conform to the updated time frame in Section 53891 of the California Government Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3.16.010 (Authority) of Chapter 3.16 (Investment of city funds) of Title 3 (Revenue and Finance) of the Moorpark Municipal Code is hereby amended in its entirety to read as follows: "3.16.010 Authority. A. Investment Authority. Pursuant to Article 1 of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code (commencing with Section 53600), including but not limited to Sections 53601 and 53607 therein, the authority to invest and reinvest funds of city, and to sell or exchange securities so purchased for investment, is vested in the city council. Pursuant to, and in accordance with, and to the extent allowed by, Section 53607 of the Government Code, such investment authority may be delegated by the city council to the city treasurer for a one-year period, renewable annually subject to review. Any such delegation of investment authority by the city council to the city treasurer shall be made by resolution adopted as follows: 1. In connection with the city treasurer's annual rendering of the statement of investment policy for city council review and approval pursuant to Section 3.16.050 of this chapter; or 2. If pursuant to Section 3.16.050 the city council has provided, by resolution or in the city's adopted statement of investment policy, that the city treasurer is only required to render the statement of investment policy to the city council for consideration and approval when a change is proposed to be made to the statement of investment policy, then in connection with either (a) the city council's consideration and approval of the city's annual budget, or (b) the city treasurer's quarterly report to the city council covering the last quarter of the fiscal year; or 3. If impracticable at the times described in subsections 1 and 2 above, at a public meeting at any other time during the year that is convenient for the city council. B. Deposit and safekeeping of investments. Pursuant to, and in accordance with, and to the extent allowed by, Section 53608 of the Government Code, the authority to deposit for safekeeping with an authorized financial institution the securities in which the money of the city is invested pursuant to Article 1 of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code (commencing with Section 53600) or pursuant to other legislative authority is delegated to the city treasurer." Ordinance No. 483 Page 3 SECTION 2. Section 3.16.020 (Investments authorized) of Chapter 3.16 (Investment of city funds) of Title 3 (Revenue and Finance) of the Moorpark Municipal Code is hereby amended in its entirety to read as follows: "3.16.020 Investments authorized. The city council, or the city treasurer to the extent that the city council has delegated its investment authority to the city treasurer pursuant to Section 3.16.010.A of this chapter and such delegation is in full force and effect, is authorized to purchase, at their original sale or after they have been issued, securities which are permissible investments under any provision of state law relating to the investing of general city funds, including but not limited to Sections 53601 and 53635 of the Government Code, as said sections now read or may hereafter be amended, from moneys in the city's treasury which are not required for the immediate necessities of the city and as the city council or the city treasurer, as applicable, may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased. In connection with any such investment, the prudent investor standard set forth in Government Code Section 53600.3 and the investment objectives set forth in Government Code Section 53600.5 shall apply. " SECTION 3. Section 3.16.030 (Sales of securities) of Chapter 3.16 (Investment of city funds) of Title 3 (Revenue and Finance) of the Moorpark Municipal Code is hereby amended in its entirety to read as follows: "3.16.030 Sales of securities. From time to time the city treasurer shall sell the securities in which city moneys have been invested pursuant to this chapter, so that the proceeds may, as appropriate, be applied to the purchase for which the original purchase money may have been designated or placed in the city treasury; provided, if the city council has not delegated its investment authority to the city treasurer pursuant to Section 3.16.010.A of this chapter, or such investment authority has expired or been revoked, in the absence of a designated purchase or purpose for which the original purchase money for a security was placed in the city treasury, the city treasurer shall request approval by the city council prior to selling such security." SECTION 4. Section 3.16.050 (Reports to council) of Chapter 3.16 (Investment of city funds) of Title 3 (Revenue and Finance) of the Moorpark Municipal Code is hereby amended in its entirety to read as follows: "3.16.050 Reports to council. A. The city treasurer may render, or if so provided in the city's adopted statement of investment policy shall render, a quarterly report in furtherance of Ordinance No. 483 Page 4 Government Code Section 53646 to the city council of all securities, investments, and moneys held by the city within thirty (30) days following the end of the quarter. B. Pursuant to Government Code Section 53607, the city treasurer shall make a monthly transactions report of all investment transactions made pursuant to the investment authority delegated by the city council pursuant to Section 3.16.010.A of this chapter. C. The city treasurer shall annually, as well as when any change is proposed to be made to the policy, render a statement of investment policy to the city council which the city council shall consider for approval at a public meeting; provided, the city council, by resolution or in the city's adopted statement of investment policy, may provide that the city treasurer is only required to render the statement of investment policy to the city council for consideration and approval when a change is proposed to be made to the statement of investment policy. The statement of investment policy shall be submitted to any oversight committee determined by state law." SECTION 5. Section 3.16.060 (Deposits of securities) of Chapter 3.16 (Investment of city funds) of Title 3 (Revenue and Finance) of the Moorpark Municipal Code is hereby amended in its entirety to read as follows: "3.16.060 Deposits of securities. Pursuant to the delegation of authority in Section 3.16.010.B of this chapter, the city treasurer is authorized to deposit for safekeeping, the securities in which city moneys have been invested pursuant to this chapter, in any institution or depository authorized by the terms of any state law, including but not limited to Section 53608 of the Government Code as it now reads or may hereafter be amended. In accordance with said section, the city treasurer shall take from such institution or depository a receipt for the securities so deposited and shall not be responsible for such securities delivered to and receipted for by such institution or depository until they are withdrawn therefrom by the city treasurer." SECTION 6. Section 2.14.030 (Functions) of Chapter 2.14 (Director of Finance) of Title 2 (Administration and Personnel) of the Moorpark Municipal Code is hereby amended in its entirety to read as follows: "2.14.030 Functions. The director of finance is the accounting officer of the city and should maintain records readily reflecting the financial condition of the city. Within seven (7) months after the close of each fiscal year, he or she shall prepare and present to the city council a summary statement of receipts and disbursements by departments and funds, including opening and closing fund balances in the city treasury. He or she shall cause a summary of the city's financial report required by Government Code Section 53891, in a Ordinance No. 483 Page 5 form prescribed by the State Controller, to be published in accordance with the provisions of Section 40804 of the Government Code as required. He or she shall compile financial information necessary for the preparation of the city's budget. He or she shall supervise the preparation and submission of monthly statements of all receipts and disbursements in sufficient detail to show the financial condition of the city and each of its departments, copies of which shall be filed in the city clerk's office. He or she shall supervise and be in charge of all payroll records. He or she shall maintain a record of all insurance policies and their expiration dates. He or she shall perform other such duties as required by the city council to provide information related to the financial condition of the city." SECTION 7. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 8. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 9. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 21st day of October, 2020. ��I i' J. ice S. Parvin, Mayor ATTEST: A'Er 12 Ky Span I r, ity .S.rk ill&we J Ordinance No. 483 Page 6 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 483 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 21st day of October, 2020 and that the same was adopted by the following vote: AYES: Councilmembers Enegren, Mikos, Pollock, Simons, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 21st day of October, 2020. / 45r14(&L/Ky Spanler City Clerk (seal) 0.4 pRK ttaLlhiwW �9 40.1 4-4 Jut.-