HomeMy WebLinkAboutCity Treasurer - Vacancy - Implementation Plan - Resolution (2) Council/Agency Meeting Held: q
Kp
rred/Continued to:proved ❑ Conditionally Approved ❑ Denied U City Clerk's Signatu e
Council Meeting Date: 12/18/95 Department ID Number: AS95-046
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
12e 4-, 4 7 Y0
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS �� lz/Ig/fir
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrate
PREPARED BY: ROBERT J. FRANZ, Deputy City Administrator
SUBJECT: APPOINTMENT TO FILL CITY TREASURER VACANCY
Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: If the City Council does not appoint someone to fill the City Treasurer
vacancy by December 29, 1995, a special election will be held to fill the vacancy.
Funding Source: Salary Savings - City Treasurer's Budget.
Recommended Action:
1. Appoint Dan Villella to fill the vacant City Treasurer position effective December 29,
1995.
2. Approve Resolution No. (v 77 C1 providing for an increase in the salary for
the City Treasurer position from salary range 531($6,618 per month) to salary range
552 ($7,348 per month), effective December 29, 1995 as compensation for
additional duties assigned to the City Treasurer.
Alternative Action(s): Alternatives were previously reviewed by a City Council Committee.
Analysis: Attached is a copy of the RCA approved by the City Council on November 20,
1995 which outlines the implementation plan related to the City Treasurer vacancy. On
December 4, 1995 the City Council approved placing a measure on the March 26, 1996
ballot for voters to decide whether the City Treasurer position should be appointed or
elected.
The next step in the implementation plan is consideration of the appointment of Dan Villella
to the vacant City Treasurer position. The City Charter requires an appointment within 60
days of the date the vacancy occurred unless the vacancy is to be filled by special election.
Mr. Villella's current salary is more than the City Treasurer's salary, and an increase to the
I ;
*QUEST FOR COUNCIL ACTION
MEETING DATE: 12/18/95 DEPARTMENT ID NUMBER: AS95-046
City Treasurer's salary is recommended so that there will not be a decrease in pay due to
this appointment, and to recognize the additional duties he will be performing. Such
additional duties include coordination with the Acting Finance Director on
assignments/projects..
Environmental Status: Does not apply
Attachment(s):
Page City Clerk's
-
...................................................
...................................................
1 Resolution No. �P 4/0
2 November 20, 1995 RCA: Implementation Plan
0015975.01 -2- 12/08/95 8:37 AM
RESOLUTION NO. 6740
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH RAISING THE SALARY
OF THE CITY TREASURER
WHEREAS, the City Council desires to raise the salary of the City Treasurer effective
December 29, 1995; and
Pursuant to Huntington Beach City Charter Section 311(e), the City Council intends to
assign the City Treasurer other such additional duties consistent with the Charter as may be
required by subsequent ordinance or resolution of the City Council,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. That effective on December 29, 1995, the salary range for the City Treasurer is
hereby raised to Salary Range 552.
2. That all previous resolutions or minute actions of the City Council in conflict
herewith are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 18th day of December, 1995.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk ty torne �,y� t 0I'
REVIEWED AND APPROVED: INIT VED:
'��ity Administrator for d d 'strative Se ces
gWresol\treasure 12/8/9 5
rls 95-752
Res. No. 6740
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 resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of said
City Council at a regular meeting thereof held on the 18th of December, 1995 the
following vote:
AYES: Councilmembers: Harman, Leipzig, Bauer, Sullivan, Dettloff,
Green, Garofalo
NOES: Councilmembers: None
ABSENT: Councilmembers: None
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
Gkesolut✓resUpg
F QUEST FOR COUNCIL ACTS 4
MEETING DATE: November 6, 1995 DEPARTMENT ID NUMBER: AS 94-040
responsibilities, additional compensation of $291 (4.5%) is proposed effective
November 1, 1995. This additional compensation would continue until a permanent
City Treasurer is appointed after the March 26, 1996, election. G
{
Whether or not the City Treasurer position remains elected after the March 26, 1996 on the
proposed Charter amendment, Mr. Villella would have the right to continue in office until the
expiration of the current City Treasurer term (November, 1996), and seek election or
reappointment.
During the transition period of time between November 1, 1995 and Mr. Villella's
appointment in late December, 1995, Mr. Villella and the current Deputy City Treasurer will
be working on a regular basis to coordinate the City Treasurer's Office functions. During
this time, the Deputy City Treasurer will act as the City Treasurer. To compensate the
Deputy City Treasurer for additional duties and responsibilities, additional compensation of
$291 (4.5%) is proposed effective November 1, 1995.
Since it is planned that the Finance Director will be filling the elected position effective
December 29, 1995, the Deputy City Treasurer and Finance Director will be required to work
together prior to December 29, 1995, and this arrangement will allow for the smoothest
transition possible.
Environmental Status: Does not apply.
Attachment(s):
City Clerk's
Page Number
0015247.01 -2- 11/15/95 11:14 AM
Council/Agency Meeting Held: •-Z0 �Q S
Deferred/Continued to:
❑ Approved Conditionally Approved ❑ Denied City Clerk's Signa ure
Council Meeting Date: e. �� / S Department ID Number: AS 94-040
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
77
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrat
PREPARED BY: ROBERT J. FRANZ, Deputy City Administrator
SUBJECT: IMPLEMENTATION PLAN - CITY TREASURER VACANCY
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: To approve an implementation plan related to the City Treasurer
position vacancy.
Fundinq Source: Does not apply.
Recommended Action:
1. Direct the City Administrator to place on the City Council's December 18, 1995
agenda the consideration of the appointment of Finance Director
Dan T. Villella as City Treasurer effective December 29, 1995, and
2. Authorize dditional comp sation of $29 per month r the Deputy City
Treasurer a tive Novembe 1, 1995.
.- ;;Z, . N's A-4 I o)l 40Jcx-
Alternative Action(s): Alternatives were previously reviewed by a City Council Committee.
Analysis: The City Council previously approved the above described approach to handling
the responsibilities of the City Treasurer's Office after the retirement of City Treasurer
Don Watson on October 31, 1995. The plan calls for Finance Director, Dan T. Villella to be
appointed to the vacant elected City Treasurer within 60 days of the retirement of current
City Treasurer. The City Council appointment of Mr. Villella as City Treasurer would be
effective December 29, 1995, which is within the 60 day period that the City Council can
make such an appointment.
During the transition period of time between November 1, 1995 and Mr. Villella's
appointment in late December, 1995, Mr. Villella and the current Deputy City Treasurer,
Pat Lovelace, will be working on a regular basis to coordinate the City Treasurer's Office
functions. To compensate the Deputy City Treasurer for additional duties and
f'5'
Council/Agency Meeting Held:
Deferred/Continued to:
❑ Approved Conditionally Approved ❑ Denied City Clerk's Signa ure
Council Meeting Date: _"eve „-t6--i S Department ID Number: AS 94-040
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrat WIAIZPREPARED BY: ROBERT J. FRANZ, Deputy City Administrat
SUBJECT: IMPLEMENTATION PLAN - CITY TREASURER VACANCY
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
4j- 4y%� ac— ;r-/. 7 o k ru &Z44-i- No. a.
Statement of Issue: To approve an implementation plan related to the City Treasurer
position vacancy.
Funding Source: Does not apply.
Recommended Action:
1. Direct the City Administrator to place on the City Council's December 18, 1995
agenda the consideration of the appointment of Finance Director
Dan T. Villella as City Treasurer effective December 29, 1995, and
V rrv, -d 1- 0
2. Authorize dditional comp sation of $29 per month r the Deputy City
Treasurer a tive Novembe 1, 1995.
Alternative Action(s).: Alternatives were previously reviewed by a City Council Committee.
Analysis: The City Council previously approved the above described approach to handling
the responsibilities of the City Treasurer's Office after the retirement of City Treasurer
Don Watson on October 31, 1995. The plan calls for Finance Director, Dan T. Villella to be
appointed to the vacant elected City Treasurer within 60 days of the retirement of current
City Treasurer. The City Council appointment of Mr. Villella as City Treasurer would be
effective December 29, 1995, which is within the 60 day period that the City Council can
make such an appointment.
During the transition period of time between November 1, 1995 . and Mr. Villella's
appointment: in late December, 1995, Mr. Villella and the current Deputy City Treasurer,
Pat Lovelace, will be working on a regular basis to coordinate the City Treasurer's Office
functions. To compensate the Deputy City Treasurer for additional duties and /
Rr-QUEST FOR COUNCIL ACTIuN
MEETING DATE: November 6, 1995 DEPARTMENT ID NUMBER: AS 94-040
responsibilities, additional compensation of $291 (4.5%) is proposed effective
November 1, 1995. This additional compensation would continue until a permanent
City Treasurer is appointed after the March 26, 1996, election.
Whether or not the City Treasurer position remains elected after the March 26, 1996✓on the
proposed Charter amendment, Mr. Villella would have the right to continue in office until the
expiration of the current City Treasurer term (November, 1996), and seek election or
reappointment.
During the transition period of time between November 1, 1995 and Mr. Villella's
appointment in late December, 1995, Mr. Villella and the current Deputy City Treasurer will
be working on a regular basis to coordinate the City Treasurer's Office functions. During
this time, the Deputy City Treasurer will act as the City Treasurer. To compensate the
Deputy City Treasurer for additional duties and responsibilities, additional compensation of
$291 (4.5%) is proposed effective November 1, 1995.
Since it is planned that the Finance Director will be filling the elected position effective
December 29, 1995, the Deputy City Treasurer and Finance Director will be required to work
together prior to December 29, 1995, and this arrangement will allow for the smoothest
transition possible.
Environmental Status: Does not apply.
Attachment(s):
City Clerk's
Page Number
0015247.01 -2- 11/15/95 11:14 AM
4.F
Hojj
' CITY OF HUNTINGTON BEACH
' INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH ,�`
%S
TO: honorable Vic Leipzig, Mayor, and
Members of the City Council
FROM: Gail Hutton, City Attorney
DATE: November 20, 1995
-SUBJECT: "Implementation Plan-City Treasurer Vacancy"
Proposed 11/6/95,Agenda Item F-4
Mr. Watson has retired effective October 31, 1995. 1-is term of office does not
expire until November 1996. Pursuant to City Charter Section 312(c), the City Council
must appoint a replacement within sixty days of the vacancy, or forthwith cause an
election to be held to fill the vacancy for"the remainder of the unexpired term."
We have previously advised that if the Council appoints a permanent member of
the City's civil service to fill the vacancy,that employee must resign his or her position in
the civil service in order to accept the appointment,based on the principal of
incompatibility of office.
We now wish to express our concern regarding the proposed scenario for filling
the vacancy, as contained in November 6, 1995 City Council Agenda Item F-4. We asked
that it be pulled from that agenda and rewritten. Although it has been rewritten and
submitted, we still have concerns over the proposed scenario.
1. Concern with Additional Salary for Deputy City Treasurer.
The City Council is being asked to appropriate additional salary for the Deputy
City Treasurer during the period of the vacancy. While we agree that employees should
not be asked to work out of class without adequate compensation, we are concerned that
a prospective salary adjustment may also give rise to a further claim of de facto
appointment. In the past,the city has only authorized such salary adjustments
retroactively. Further, it is already a job duty of the Deputy City Treasurer to act for and
on behalf of the Treasurer in his absence or during a time of temporary(60-day)vacancy.
(See Charter Section 311;Deputy City Treasurer job description; (attached)common law
"Rule of Necessity.")
t
J
Honorable Mayor& City Council Members
November 20, 1995
Page 2
2. Concerns with "Appoint and Resign" Scenario.
As we understand it, the previous scenario was that Mr. Villella, a city
employee, would submit his written resignation as Finance Director due to incompatibility
of offices, be appointed Treasurer,with the understanding he would resign the office
within 90 days after being appointed thereto. Mr. Villella would then regain his prior
position in the civil service after resignation. The Council would then appoint another
Treasurer. This scenario was apparently designed to delay the appointment of the
appointed(elected)Treasurer until after the voters have decided the ultimate fate of the
elected status of the Treasurer's office,which is scheduled for a charter revision vote in
March.
We were concerned that this arrangement may violate the Charter because
it appears to impermissibly extend the time limit for the Council to make an appointment
to fill the vacancy"for the remainder of the unexpired term." The Huntington Beach City
Charter is a document of limitation, not expansion. The rules set forth in the Charter were
created to protect and benefit the people of the city, not as something to be ignored or
creatively circumvented. The Charter requires that the Treasurer be elected by the people.
The only time the Council may choose a Treasurer is within 60 days of a vacancy. The
Charter limits the Council's power to the 60 day period because the Charter provision for
choosing the Treasurer is by election.
The"appoint and resign" scenario would create an"interim" Charter
Treasurer position, someone who is expressly appointed because he or she will not take
the position for"the remainder of the unexpired term." This situation would
impermissibly give the Council extra time to appoint a permanent"appointed"elected
Treasurer who will fill out the"remainder of the unexpired term." The Charter does not
authorize the appointment of someone upon the condition,written or otherwise,that such
person serve for a limited time period. There is no authority for temporary appointments
in the Charter. If the Council appoints a Treasurer with the knowledge that such person
will resign the office at some preordained time.the appointment is a sham and violates the
sapirit of the City Charter. if not the letter.
O\memw =i i i5
1 I ' •
Honorable Mayor and Members of the City Council
November 20, 1995
Page 3
3. Why the original RCA was pulled and rewritten.
The original RCA was pulled and rewritten because it gave the impression
that Mr. Villella had agreed to resign the Treasurer's office within 90 days after his
appointment. As discussed above, any such appointment would be a sham. The RCA has
been rewritten to comply with the literal requirements of the Charter. If Mr. Villella is
appointed Treasurer, and then chooses to seek reappointment or election, resign, or take
any other action, it is in his sole discretion and no agreement exists with him, tacit or
otherwise, to take any such action.
4. Recommendation
We recommend that the Council approve the new RCA with the exception
that the Deputy City Treasurer's salary increase should be deleted or deferred for further
study.
4.,.�- &e,�,
/l-moo-SS //.'at,-S.¢•,yi•
Gail Hutton
City Attorney
Attachments: (1) Deputy City Treasurer: Class Specifications
(2) Huntington Beach City Charter§ 311(e),12
(3) 11/6/95 City Council Agenda, Item F-4(pulled)
c: Michael Uberuaga, City Administrator
Ray Silver, Assistant City Administrator
Robert Franz, Director of Administrative Services
Pat Lovelace, Acting Interim City Treasurer
Dan Villella, Director of Finance
omemos\trea1115
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: DEPUTY CITY TREASURER
DATE: JUNE 18, 1985
DUTIES SUMMARY: Responsible for review and control of all funds processed by
the Treasurer' s office and to act in the City Treasurer' s stead primarily by
processing of documents required for the expeditious collection, deposit and
investment of city funds and internal control of signature stamps, keys,
combinations, and alarm controls as assigned by Treasurer.
DISTINGUISHING CHARACTERISTICS: This is a class whose primary responsibility
is to attend to the day-to-day duties associated with the collection and
transfer of monies from peripheral facilities through the Treasurer's office
to financial institutions, the transfer of monies between institutions and to
act according to previously established guidelines established by the City
Treasurer.
EXAMPLES OF DUTIES: Oversees and verifies .collection and deposit of all city
funds. Is responsible for maintaining dual controls of all funds flowing
through the Treasurer' s office to the designated depositories. Provides
information to the public and others in the city and outside agencies both
over the counter and by telephone regarding functions under the Treasurer's
perview. Follows up with city departments regarding instructions and orders
approved by the City Council and/or City Treasurer in the form of letters,
resolutions, ordinances, agreements, contracts etc. , especially regarding the
handling of cash and accounts for various city functions. Responsible for
maintaining permanent files and records of all city generated trust deposits.
Both cash and bonds and the prompt release of same upon proper authorization.
Has co-access, along with Treasurer, to assigned City Treasury safe keys and
combinations. Controls and issues, to responsible authorized employees, blank
prenumbered receipt forms as authorized by the Treasurer. Performs other
related duties as assigned.
KNOWLEDGE OF: The organization and functions of city government. State and
local statutes, pertaining to investment and management of public funds. The
appropriate principles and practices (accounting) required to properly and
effectively collect, deposit, invest and manage large sums of public funds.
ABILITY TO: Effectively deal with a wide range of persons within and without
the city. Independently deal with large sums of money in a trustworthy manner.
Pass and maintain the intense scrutinization required to become bonded.
Process monies in an effective and accurate manner. Maintain a complex system
of records required to monitor the flow of monies passing through the office.
MINIMUM QUALIFICATIONS: Two years of experience managing large sums of monies
for investment purposes, maintaining records of deposits and investments, and
monitoring internal controls of funds; or any equivalent combination of
training and experience that provides for the above knowledges and abilities.
WPPERSP:0667
(g) Be ex officio Assessor,unless the City Council,has availed itself,or does in the future avail itself,of
the provisions of the general laws of the State relative to the assessment of property and the
collection of City taxes by county officers,or unless the City Council by ordinance provides
otherwise.
(h) Have charge of all City elections.
(i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution
of the City Council.
The City Clerk may,subject to the approval of the City Council,appoint such deputy or deputies to assist
him or act for him,at such salaries or compensation as the Council may by ordinance or resolution
prescribe.
The minimum qualifications for the position of City Clerk shall be three years of relevant work
experience which demonstrates record management skills and practice of administrative procedures.
(1217/84)
Section 311. CITY TREASURER POWERS AND DUTIES. The City Treasurer shall have the
power and shall be required 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 or any office,
department or agency of the City government and deposit or cause to be deposited all fimds 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 in 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 moneys only on proper orders or warrants in the manner provided for in this Charter.
(d) Prepare and submit to the Director of Finance 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) Perform such other duties consistent with this Charter as may be required by ordinance or resolution
of the City Council.
The City Treasurer may,subject to the approval of the City Council,appoint such deputy or deputies to
assist him or act for him,at such salaries or compensation as the Council may by ordinance or resolution
prescribe.
The minimum qualifications for the position of City Treasurer shall be a combination of education and
experience in an area relative to fiscal management. (Charter Amendment 12/7/84)
C-9
Section 312. VACANCIES,FORFEITURES AND REPLACEMENT.
(a) Vacancies. A vacancy in the City Council or in any other office designated as elective by this
Charter,from whatever cause arising,shall be filled by appointment by the City Council.
(b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council
for a period of thirty consecutive days from and after the last regular City Council meeting attended
by such member,unless by permission of the City Council expressed in its official minutes,the
office shall become vacant. If an elected City officer is convicted of a crime involving moral
turpitude or ceases to be an elector of the City,the office shall become vacant. The City Council
shall declare the existence of such vacancy. Any elective officer of the City who shall accept or
retain any other elective public office,except as provided in this Charter,shall be deemed thereby to
have vacated the office under the City Goverment.
(c) Replacement In the event it shall fail to fill a vacancy by appointment within sixty days after such
office shall become vacant,the City Council shall forthwith cause an election to be held to fill such
vacancy for the remainder of the unexpired term.
Section 313. CONFLICT OF INTEREST,NEPOTISM.
(a) Conflict of Interest The City Council shall adopt or approve rules and regulations regulating
conflicts of interest and promoting fair dealing in all City business. —
(b) Nepotism. The City Council shall not appoint to a salaried position under the City goverment any
person who is a relative by blood or marriage within the third degree of any one or more of the
members of such City Council,nor shall the City Administrator or any department head or other
officer having appointive power appoint any relative of such person or of any Council member
within such degree to any such position.
This provision shall not affect the employment or promotional status of a person who has attained a
salaried position with the City prior to the existence of a situation contemplated by this provision;
however,Council members or officers with appointive powers in such a situation shall disqualify
themselves from all decisions affecting the employment and promotional status of such person.
ARTICLE N
APPOINTIVE OFFICES AND PERSONNEL
Section 400. CITY ADNE STRATOR. COMPOSITION,TERM,ELIGIBILITY,REMOVAL.
(a) Composition. There shall be a City Administrator who shall be the chief administrative officer of
.the City.
(b) Term. The Administrator shall be appointed by the affirmative vote of at least a majority of the
members of the City Council and shall serve at the pleasure of the City Council; provided,however,
that the person occupying the office shall not be removed from office except as herein provided.
o-10
Council/Agency Meeting Held:
Deferred/Continued to:
❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature
Council Meeting Date: November 6, 1995 Department ID Number: AS 94-040
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator
PREPARED BY: ROBERT J. FRANZ, Deputy City Administrator
SUBJECT: IMPLEMENTATION PLAN - CITY TREASURER VACANCY
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: To approve an implementation plan related to the City Treasurer
position vacancy.
Ending Source: Does not apply.
Recommended Action:
1. Direct the City Administrator to place on the City Council's December 18, 1995
agenda the consideration of the appointment of Finance Director
Dan T. Villella as City Treasurer effective December 29, 1995, and
2. Authorize additional compensation of $291 per month for the Deputy City
Treasurer effective November 1, 1995.
Alternative Action(s): Alternatives were previously reviewed by a City Council Committee.
Analysis: The City Council previously approved the above described approach to handling
the responsibilities of the City Treasurer's Office after the retirement of City Treasurer
Don Watson on October 31, 1995. The plan calls for Finance Director, Dan T. Villella to be
appointed to the vacant elected City Treasurer within 60 days of the retirement of current
City Treasurer. The City Council appointment of Mr. Villella as City Treasurer would be
effective December 29, 1995, which is within the 60 day period that the City Council can
make such an appointment.
During the transition period of time between November 1, 1995 and Mr. Villella's
appointment in late December, 1995, Mr. Villella and the current Deputy City Treasurer,
Rat Lovelace, will be working on a regular basis to coordinate the City Treasurer's Office
functions. To compensate the Deputy City Treasurer for additional duties and
RF 'JEST FOR COUNCIL ACTIO,
MEETING DATE: November 6, 1995 DEPARTMENT ID NUMBER: AS 94-040
responsibilities, additional compensation of $291 (4.5%) is proposed effective
November 1, 1995. This additional compensation would continue until a permanent
City Treasurer is appointed after the March 26, 1996, election.
Whether or not the City Treasurer position remains elected after the March 26, 1996 on the
proposed Charter amendment, Mr. Villella would have the right to continue in office until the
expiration of the current City Treasurer term (November, 1966), and seek election or
reappointment.
During the transition period of time between November 1, 1995 and Mr. Villella's
appointment in late December, 1995, Mr. Villella and the current Deputy City Treasurer will
be working on a regular basis to coordinate the City Treasurer's Office functions. During
this time, the Deputy City Treasurer will act as the City Treasurer. To compensate the
Deputy City Treasurer for additional duties and responsibilities, additional compensation of
$291 (4.5%) is proposed effective November 1, 1995.
Since it is planned that the Finance Director will be filling the elected position effective
December 29, 1995, the Deputy City Treasurer and Finance Director will be required to work
together prior to December 29, 1995, and this arrangement will allow for the smoothest
transition possible.
Environmental Status: Does not apply.
Attachment(s)•
City Clerk's
age Number
0015247.01 -2- 11/15/95 9:13 AM
R.
Council/Agency Meeting Held:
Deferred/Continued to: i/-A6-gs
❑Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature
Council Meeting Date: November 6, 1995 Department ID Number: AS 94-040
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEM E
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrato
PREPARED BY: ROBERT J. FRANZ, Deputy City Administrate
SUBJECT: IMPLEMENTATION PLAN - CITY TREASURER VACANCY
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: To approve an implementation plan related to the City Treasurer
position vacancy.
Funding Source: Does not apply.
Recommended Action:
1. Direct the City Administrator to oversee the City Treasurer's operation during
the period of time that the position of the elected City Treasurer is vacant, and
2. Authorize additional compensation of $291 per month for the Deputy City
Treasurer during the period of time from November 1, 1995 until a permanent
new City Treasurer appointment/election occurs following the March 26, 1996,
municipal election, and
3. Direct the City Administrator to place on the City Council's December 18, 1995
agenda the consideration of the appointment of Finance Director
Dan T. Villella as City Treasurer effective December 29, 1995.
Alternative Action(s):
Analysis: The City Council previously approved the above described approach to
handling the responsibilities of the City Treasurer's Office after the retirement of City
Treasurer Don Watson on October 31, 1995. Since there will be a ballot measure
presented to the voters on March 26, 1996 to consider whether to make the elected City
Treasurer position an appointed position, this interim is plan necessary. The plan calls
r---
Fc�QUEST FOR COUNCIL ACTIuA
MEETING DATE: November 6, 1995 DEPARTMENT ID NUMBER: AS 94-040
for Finance Director, Dan T. Villella to be appointed to the vacant elected City Treasurer
within 60 days of the retirement of current City Treasurer. The City Council appointment of
Mr. Villella as City Treasurer would be effective December 29, 1995, which is within the 60
day period that the City Council can make such an appointment. On December 29, 1995 Mr.
Villella would resign his position as Finance Director of the City. In order to retain his status
as a City employee, Mr. Villella would serve in the City Treasurer position no more than 90
days at which time he would, at his option, return to his Finance Director position with all
rights and benefits. This 90 day period of time would expire March 27, 1996 at which time
the results of the March 26, 1996, municipal election would be known. Assuming Mr. Villella
returns to his Finance Director position and depending on the results of the election, the City
Council could then either proceed to appoint, within 60 days, a City Treasurer to serve out
the term (November, 1996), or the City would proceed with the recruitment process to select
an appointed City Treasurer.
During the transition period of time between November 1, 1995 and Mr. Villella's
appointment in late December, 1995, Mr. Villella and the current Deputy City Treasurer,
Pat Lovelace, will be working on a regular basis to coordinate the City Treasurer's Office
functions. To compensate the Deputy City Treasurer for additional duties and
responsibilities, additional compensation of $291 (4.5%) is proposed effective
November 1, 1995. This additional compensation would continue until a permanent
City Treasurer is appointed after the March 26, 1996, election.
During the time that there is no officially designated elected City Treasurer
(November 1, 1995 to December 28, 1995 and after March 27, 1996), the Deputy City
Treasurer would administratively report to the City's Finance Director. Since it is planned
that the Finance Director will be filling the elected position effective December 29, 1995, the
Deputy City Treasurer and Finance Director will be required to work together prior to
December 29, 1995, and this arrangement will allow for the smoothest transition possible. In
addition, after March of 1996, the Finance Director will have been in the City Treasurer
position for 90 days and would be expected to continue to work closely with the Deputy City
Treasurer and City Treasurer Office employees until a permanent City Treasurer is
appointed.
Environmental Status: Does not apply.
Attachment(s):
NumberCity Clerk's
Page 0015247.01 -2- 11/01/95 11:46 AM
RECEIVED FROM o� �ay .,.V °.
AND MADE A PART OF THE RECOf, �-
R` �
THE COUNCIL MEETING OFF' ' THE P �NG OF RECORDA
OFFICE OF THE CITY CLERK &THE CITY CLERK
CONNIE BROOKWAY,CITY CLERK
0OfJN118 kWAY,CITY CLERK
RESOLUTION NO. 1044
A RESOLUTION BY THE HUNTINGTON BEACH MOBILEHOME OWNERS
ASSOCIATION
IN SUPPORT OF THE AMENDMENT TO THE CITY CHARTER PROVIDING FOR THE
APPOINTMENT OF THE CITY ATTORNEY AND CITY TREASURER.
WHEREAS, the mobilehome community which, for the most part, lacks the financial
resources to pursue civil actions in the court of law, is frequently subjected to violations of the
California Civil Code by park owners and managers, and
These citizens seeking the protection afforded them by the California Civil Code have
sought , in vain, legal recourse to the resolution of those violations.
NOW, THEREFORE, BE IT RESOLVED that the Huntington Beach Mobilehome
Owners Association supports the proposal to change the City Charter provisions for the election
of the City Attorney and City Treasurer to appointment of said offices by the City Council.
PASSED AND ADOPTED by the Executive Board of the Huntington Beach Mobilehome
Owners Association at a regular meeting held on the ;0( day of vn��' , 1995.
President
e President Secretary
Treasurer
Ali ��
L 9
CITY OF HUNTINGTON BEACH
ITLj INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: CITY COUNCIL
FROM: COUNCIL SUB-COMMITTEE vL .
SUBJECT: APPOINTMENT PROCESS FOR CITY TREASURER
DATE: AUGUST 2, 1995
RECOMMENDED ACTION: DIRECT CITY STAFF TO PREPARE AN
IMPLEMENTATION PLAN TO CONSIDER APPOINTING DAN VILLELLA, CITY
FINANCE DIRECTOR, AS CITY TREASURER ON AN INTERIM BASIS
The sub-committee has met to discuss the appointment process for replacing City
Treasurer Don Watson. The City Treasurer had announced a retirement date of
September 15, 1995. A City Council appointment to the vacant office must be
authorized within sixty (60) days of the vacancy, or the vacant office is to be filled
through a special election.
The City Council had previously acted to have the electorate choose whether to alter
the method of selecting a City Treasurer from elected to appointive. That issue will be
decided by the voters on March 26, 1996. In either case the office will remain an
elected office until the current term expires in November 1996.
The primary concern of the sub-committee centers on the City's ability to attract well
qualified candidates, while the appointive versus elected issue is yet to be decide, and
to avoid the expense of a special election. To allow the City Council time to bridge this
election issue, the City Treasurer has voluntarily agreed to defer his retirement to
October 31, 1995. This deferral will allow the City Council a sixty (60) day period from
his resignation date to make an interim appointment. It is the sub-committee's
recommendation that the City Council direct City staff to develop a plan that will allow
the City Council to make an interim appointment of the City Finance Director,
Dan Villella. Mr. Villella has been the City's Finance Director since 1979 and he is
knowledgeable regarding the nature of the duties and responsibilities of the City
Treasurer. He has a B.S. degree from the University of Southern California, an M.B.A.
from Cal State Long Beach, and is a Certified Public Accountant.
Mr. Villella has agreed to accept this appointment on an interim basis to provide the
City Council with an alternative solution, but by cooperating does not wish to have his
compensation/benefit package disrupted. The sub-committee respects these concerns
and recommends that City staff prepare an implementation plan that will satisfy the
Director of Finance concerns as well as the needs of the City Council.
it
0013677.01 08/02/95 1:43 PM
If the City Council approves the approach of considering the appointment of the City
Finance Director, then City Treasurer, Don Watson, and Finance Director, Dan Villella,
will make arrangements operationally to accomplish a smooth and effective transition of
City Treasurer duties for the duration of this temporary appointment.
0013677.01 08/02/95 1:43 PM
CITY COUNCIL 1VIEMA'E- KR ENDA ITEM -,0*
COUNCIL MEETING DATE: June 19, 1995
STATEMENT OF ISSUE: One of the adopted goals of the City Council is to amend the Charter to make
the offices of City Attorney and City Treasurer appointive rather than elective.
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ANALYSIS:
In order to achieve one of the stated goals of the City Council, i.e. amend the City Charter concerning the
offices of the City Attorney and City Treasurer, we should take the necessary actions now so that the
ballot measure will be ready to go to the voters in March, 1996. The County of Orange has appointed a
Charter Committee, headed by retired Judge Bruce Sumner(see attached Register article dated 6/3/95).
The County Charter Commission intends to place their proposed amendments on the March, 1996 ballot.
The County Committee is recommending that certain County offices, i.e,Treasurer, Auditor, etc. be
appointive rather than elective. 1 believe it would be in the city's best interest to "ride on the coattails" of
the County Charter changes and seek similar changes here in Huntington Beach at the same time.
4WARI ` `.. .. ....................................................................................................::::.: :::: : . .:.........................................................................
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ALTERNATIVE ACTION: ��
1. Take no action so that botl- "`ices remain elective rather than app re.
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COUNCIL MEMBER'S SIGNATURE (Tom Harman i DATE SUBMITTED June 7, 1995
06/07/95
Orange County Reg S sat
ster O.C. FINANCIAL CRISIS
--- -. - -_ - urda , j1995
• 4;,;.
Grou - o draft
P `,
county -tharter F
r
GOVERNMENT: The the legal underpinnings updri: Y`
which county government rests:,,, s
Charter Commission is Members agreed that they won't'
charged with reshaping stray too far from California'.
r general law, but will change the
C011Il government.'.
g shape and face of county govern 41
By TERI SFORZA ment to prevent disasters suc
as the bankruptcy from happen=
The Orange County Register Y ., ing again ;rtr
The people who will write the The offices of treasurer,audit
Orange County equivalent of the for and tax collector should..be
U.S. Constitution began_the most appointive rather than elective, i
difficult phase of their task Fri- the group agrees. It will also de=,
day: drafting a local charter. cide what the county's policy on-i ;
"The consensus is that Orange privatization will be, the role of"
County's charter should provide the,Board of Supervisors and the ;
the broad outline—and the best chief executive officer.
illustration is the Constitution of Public input on the charter will'
the United States,".said retired be vital,members said.The next'
meeting will be 6:3
Judge Bruce Sumner,chairman 0 p.m.June 29
of the Charter Commission:"It's at Huntington Beach City' Hall',
a,terribly powerful and impor- and the subject will be privatize
tant document, but it deals in tion.
broad areas and leaves the spe- A draft charter will go to the
cifics to Congress. - Board of Supervisors for approv-` }
"We're going to be getting into al in October.After that,the d'oc-
some pretty sensitive stuff—the ument will go to the voters for.
structure of government,'wheth- approval in March 1996:
er elected positions should be ap- The majority. of Caliform
pointed.It's kind of exciting to be counties operate under gener"
-involved in this. law. Thirteen counties have,;The 37-member Charter Com- acted charters that aailor. t,
mission was appointed by the county government to:-resident
Board of Supervisors to examine specifications.
L.;-N