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HomeMy WebLinkAboutCity Treasurer - Add Enforcement Rights to City Treasurer's CITY OF HUNTINGTON BEACH MEETING DATE: September 17, 2001 DEPARTMENT ID NUMBER: CT-01-09 Council/Agency Meeting Held: 01-11-01 Deferred/Continued to: 'Approved ❑ Conditionally Approved ❑ Denied No, -7-0 y_aQ. City Clerk'A i nature Council Meeting Date: September 17, 2001 Department ID Number: CT-01-09 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION _T SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: SHARI L. FREIDENRICH, CITY TREASURERAX ' I c PREPARED BY: SHARI L. FREIDENRICH, CITY TREASUR Vie, 3S©7 SUBJECT: Approve Ordinance to Add Enforcement Rights to City Treasufer's Duties w Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City Council allow the City Treasurer to enforce Municipal Code regulations and collect funds owed to the City? Funding Source: None required. Recommended Action: (Motion to) Adopt Ordinance No. � � 7 amending the Huntington Beach Municipal Code Chapter 2.16 relating to the duties of the City Treasurer. Alternative Action(s): Do not adopt Ordinance No. '' e Analysis: The City Treasurer is requesting to add Administrative Citation Rights to the duties of the City Treasurer, enabling the office to issue citations for non-compliance with City ordinances relating to the collection of funds owed the City. Citation Rights would enable the Customer Service Representative - Field, to enforce ordinances and write Administrative Citations. The current City Treasurer duties include the receiving of all City funds in those in the Business License operation. The current code, however, does not permit the City Treasurer to enforce the code relating to the collection of money other than through the charging of penalties or interest fees. RCACT 01-09 Duties of Tres 9/6/01 2:04 PM REQUEST FOR COUNCIL ACTION MEETING DATE: September 17, 2001 DEPARTMENT ID NUMBER: CT-01-09 This change will allow the City Treasurer or her designee, to enforce ordinances using the Administrative Citation program. This will encourage compliance with the ordinances relating to the collection of money. Environmental Status: N/A Attachment(s): o - ,er N,(),.o D-69bripthin 1 Ordinance to Amend Chapter 2.16 of the Huntington Beach Municipal Code Relating to the Duties of the City Treasurer 04, 2 Legislative Draft— Chapter 2.16 2 RCACT 01-09 Duties of Tres 9/6/01 2:04 PM ATTACHMENT # 1 ORDINANCE NO. 3507 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.16 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE DUTIES OF THE CITY TREASURER The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 2.16.030 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.16.030 Treasurer-Duties. The City Treasurer shall be the head of the City Treasurer's Department and shall be elected by the voters. The City Treasurer shall have the following duties: (a) Plans, organizes, directs, and coordinates all programs and activities of the City Treasurer's Department. (b) Determines and directs department policies,procedures, and organization. (c) Obtains quotes for the investment of funds under his or her control, authorizes purchases, maintains documentation, receives payments, schedules maturities, authorizes fund transfers, calculates and makes daily repurchase agreements, and establishes and maintains an Investment Policy pursuant to the California Government Code. (d) Establishes and controls all bank accounts, negotiates services and contracts with bank, makes daily deposits, handles returned checks and reconciliation thereof. (e) Collects monies owed to the City whether by tax, fee, charge,judgment, settlement or otherwise; utilizes letters,phone calls, and collection agencies as required; and may write off uncollectible items up to $10,000 without further authorization, between $10,000 and $50,000 with the prior approval of the City's Settlement Committee and in excess of$50,000 with City Council approval only. (f) Makes cash flow projections on a weekly and monthly basis. (g) Manages the Business License operation including the issuance of permits, receipting of oil well royalties, and the transient occupancy tax. (h) Receives all City monies including water and trash fees. (i) Maintains all trusts, bonds, security agreements, and funds for the City including the filing, depositing, refunds and releases, letters of release, and inquiries relating thereto. 0) Prepares, submits, and administers the annual budget for his or her department. (k) Performs such other duties and has such other powers as the City Council may establish hereafter by resolution consistent with the City Charter. 01 ord/mc2-16/6/26/01 1 Ord. No. 3507 (1) Administer and enforce all Municipal Code regulations regarding the collection of monies owed to the City, including but not limited to: (1) Huntington Beach Municipal Code Licensing Procedures (Chapter 5.08) (2) Huntington Beach Municipal Code Natural Resource Production (Chapter 5.32) (3) Transient Occupancy Tax (Chapter 3.28) (4) Late Charges (Chapter 3.48) (5) Service Connections (Chapter 14.08) (6) Fees,Rates and Deposits (Chapter 14.12) SECTION 2. Section 2.16.040 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.16.040 Appointment of subordinates. The City Treasurer, may, subject to the approval of the City Council, appoint such Deputy or Deputies to assist the City Treasurer, or to act for him or her, in carrying out the duties and responsibilities of this Chapter, at such salaries or compensation as the Council may by ordinance or resolution prescribe. SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of October ,2001. ayor ATTE T: APPROVED AS TO FORM: City Clerk laA I/ t A—Le 'a '° City Attorney �� f o REVIEWED AND APPROVED: b -0/ INITIATED A APPROVED: City Admi strator ity JTeasurer 01 ord./mc2-16/6/26/01 2 Ord. No. 3507 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of September, 2001, and was again read to said City Council at a regular meeting thereof held on the 1st day of October, 2001, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer NOES: None ABSENT: Garofalo ABSTAIN: None I,Connie Brockway CITY CLERK ofthc City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on 2001 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway. City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California g:/ord inanc/ordbkpg2001.doc ATTACHMENT #2 ORDINANCE NO. 3-TO 7 LEGISLATIVE DRAFT Chapter 2.16 CITY TREASURER (15-5/09,265-11/23, 1935-11/74, 2052-5/76,2991-4/89, 3008-8/89) Sections: 2.16.010 Establishment 2.16.020 Powers 2.16.030 Duties 2.16.040 Appointment of subordinates 2.16.050 Funds 2.16.010 Establishment. There is hereby established a Department of City Treasurer. 2.16.020 Powers. The City Treasurer shall have the power to: (a) Receive on behalf of the City all taxes, assessments, license fees, and other revenues of the City, or for the collection of which the City is responsible, and receive all taxes or other money receivable by the City from the County, State, or Federal Governments, or from any court, or from any office, department, or agency of the City. (b) Have and keep custody of all public funds belonging to or under control of the City of any office, department, or agency of the City government and deposit or cause to be deposited all funds coming into his hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, then is such depository designated in writing by the City Administrator, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing, and securing of public funds. (c) Pay out monies only on proper orders or warrants in the manner provided for in the City Charter. (d) Prepare and submit to the Chief of Administrative Services monthly written reports of all receipts, disbursements, and fund balances, and shall file copies of such reports with the City Administrator and City Council. (e) Manage the Business License functions of the City. 2.16.030 Treasurer- Duties. The City Treasurer shall be the head of the City Treasurer's Department and shall be elected by the voters. The City Treasurer shall have the following duties: (a) Plans, organizes, directs, and coordinates all programs and activities of the City Treasurer's Department. (b) Determines and directs department policies, procedures, and organization. (c) Obtains quotes for the investment of funds under his or her control, authorizes purchases, maintains documentation, receives payments, schedules maturities, authorizes fund transfers, calculates and makes daily repurchase agreements, and 1egisdrft/mc0216/6/26/01 1 establishes and maintains an Investment Policy pursuant to the California Government Code. (d) Establishes and controls all bank accounts, negotiates services and contracts with bank, makes daily deposits, handles returned checks and reconciliation thereof. (e) Collects monies owed to the City whether by tax, fee, charge,judgment, settlement or otherwise; utilizes letters, phone calls, and collection agencies as required; and may write off uncollectible items up to $10,000 without further authorization, between $10,000 and $50,000 with the prior approval of the City's Settlement Ceommittee and in excess of$50,000 with City Council approval only. (f) Makes cash flow projections on a weekly and monthly basis. (g) Manages the Business License operation including the issuance of permits, receipting of oil well royalties, and the transient occupancy tax. (h) Receives all City monies including water and trash fees. (1) Maintains all trusts, bonds, security agreements, and funds for the City including the filing, depositing, refunds and releases, letters of release, and inquiries relating thereto. (j) Prepares, submits, and administers the annual budget for his or her department. (k) Performs such other duties and has such other powers as the City Council may establish hereafter by resolution consistent with the City Charter. (1) Administer and enforce all Municipal Code regulations regarding the collection of monies owed to the City, including but not limited to: (1) Huntington Beach Municipal Code Licensing Procedures (Chapter 5.08) (2) Huntington Beach Municipal Code Natural Resource Production (Chapter 5.32) (3) Transient Occupancy Tax (Chapter 3.28) (4) bate Charges (Chapter 3.48) (5) Service Connections (Chapter 14.08) (6) Fees, Rates and Deposits (Chapter 14.12) 2.16.040 Appointment of subordinates. The City Treasurer, may, subject to the approval of the City Council, appoint such Deputy or Deputies to assist the City Treasurer, or to act for him or her, in carrying out the duties and responsibilities Iegisdrft/mc0216/6/26/O1 2 of this Chapter, hi or aet for hi at such salaries or compensation as the Council may by ordinance or resolution prescribe. 2.16.050 Funds. All funds previously created and/or designated by ordinance shall continue and be maintained until expressly eliminated or otherwise disposed of by ordinance. legisdrft/mcO216/6/26/01 3 RCA ROUTING SHEET INITIATING DEPARTMENT: CITY TREASURER SUBJECT: Ordinance to Amend Duties of City Treasurer COUNCIL MEETING DATE: September 17, 2001 RCA ATl`ACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED `FORW,:: RDED Administrative Staff Assistant City Administrator Initial ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Space •