HomeMy WebLinkAboutApprove the escheatment of $53,044.57 of Unclaimed Funds Per .- Dept. ID fn 15-007 Page 7 of 2
Meeting Date:5/18/2015
a
CITY OF HUNTINGTON BEACH
' REQUEST FOR, CITY COUNCIL ACTION
MEETING DATE: 5/18/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Lori Ann Farrell, Director of Finance
SUBJECT: Approve the escheatment of$53,044.57 of Unclaimed Funds Per Government
Code Sections 50050-50057
Statement Issue:
The City is currently holding $53,044.57 in unclaimed funds. Per Government Code Sections
50050-50057, unclaimed funds less than $15.00 which remain unclaimed for over one year become
the property of the City. In addition, unclaimed funds that are over$15.00 that are not the property
of the City that remain unclaimed for over three years and have not been claimed after publication
of a notice, become the property of the City.
Financial Impact:
This action will result in the deposit of $53,044.57 into the City's General Fund. The FY 2014/15
Adopted Budget for the General Fund assumes the City will receive a total of $140,000 in
miscellaneous revenue. The escheated funds of$53,044.57, in addition to approximately $43,300
received in other miscellaneous revenue sources to date, will help the General Fund get closer to
reaching the budgeted estimate.
Recommended Action:
Review and approve the transfer of $53,044.57 of unclaimed funds from the City's Unclaimed
Funds Liability Account to the City's Miscellaneous Revenue Account #10000100.48550.1.0035209
in compliance with Government Code Sections 50050-50057.
Alternative Action(s):
Deny transfer of funds and provide alternative direction.
Analysis:
The City has developed a procedure based on Government Code Sections 50050-50057
(Attachment 1) for the escheatment of funds. Under the procedure (Attachment 2), a list is
prepared by the Finance Department of unclaimed funds less than $15.00 which have remained
unclaimed for over one year as of August 4, 2014, and a list of unclaimed funds greater than $1.5.00
which have been unclaimed for over three years as of August 4, 2014. Pursuant to Government
Code Sections 50050-50057, the Director of Finance published a notice with all unclaimed funds
over three years old greater than $15.00 (Attachment 3) on June 19, 2014, and June 26, 2014, in
an adjudicated newspaper, the Huntington Beach Independent. Per Government Section 50050-
50057, the City released funds on all verified claims which were timely filed. The remaining
unclaimed funds total the amount of$53,044.57 (Attachment 4).
Item 2. - 1 - -
Dept. ID fn 15-007 Page 2 of 2
Meeting Date:5/18/2015
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Strengthen economic and financial sustainability.
Attachment(s):
1. Government Code Sections 50050 to 50057.
2. Escheatment of Funds Procedure.
3. Newspaper Publication and Claim Form.
4. Unclaimed Funds List 2014.
HB -17- Item 2. - 2
GOVERNMENT CODE - TITLE 5. LOCAL AGENCIES [50001 - 575501
ARTICLE 3. Financial Affairs [Section 50050- 50057]
50050.
For purposes of this article, "local agency" includes all districts. Except as otherwise provided by
law, money, excluding restitution to victims, that is not the property of a local agency that
remains unclaimed in its treasury or in the official custody of its officers for three years is the
property of the local agency after notice if not claimed or if no verified complaint is filed and
served. At any time after the expiration of the three-year period, the treasurer of the local
agency may cause a notice to be published once a week for two successive weeks in a
newspaper of general circulation published in the local agency. At the expiration of the three-
year period, money representing restitution collected on behalf of victims shall be deposited into
the Restitution Fund or used by the local agency for purposes of victim services. If a local
agency elects to use the money for purposes of victim services, the local agency shall first
document that it has made a reasonable effort to locate and notify the victim to whom the
restitution is owed. The local agency may utilize fees collected pursuant to subdivision (1) of
Section 1203.1 or subdivision (f) of Section 2085.5 of the Penal Code to offset the reasonable
cost of locating and notifying the victim to whom restitution is owed. With respect to moneys
deposited with the county treasurer pursuant to Section 7663 of the Probate Code, this three-
year period to claim money held by a local agency is extended for an infant or person of
unsound mind until one year from the date his or her disability ceases.
For purposes of this section, "infant" and "person of unsound mind" have the same meaning as
given to those terms as used in Section 1441 of the Code of Civil Procedure.
(Amended by Stats. 2013, Ch. 457, Sec. 1. Effective January 1, 2014.)
50051.
The notice shall state the amount of money, the fund in which it is held, and that it is proposed
that the money will become the property of the local agency on a designated date not less than
forty-five days nor more than sixty days after the first publication of the notice.
50052.
Upon or prior to publication, a party of interest may file a claim with the treasurer which must
include the claimant's name, address, amount of claim, the grounds on which the claim is
founded, and any other information that may be required by the treasurer. The claim shall be
filed before the date the unclaimed money becomes the property of the local agency as
provided under Section 50051 and the treasurer shall accept or reject that claim. If the claim is
rejected by the treasurer, the party who submitted the claim may file a verified complaint
seeking to recover all, or a designated part, of the money in a court of competent jurisdiction
within the county in which the notice is published, and serves a copy of the complaint and the
summons issued thereon upon the treasurer. The copy of the complaint and summons shall be
served within 30 days of receiving notice that the claim was rejected. The treasurer shall
withhold the release of the portion of unclaimed money for which a court action has been filed
as provided in this section until a decision is rendered by the court.
5052.5.
(a) Notwithstanding Section 50052, the treasurer may release to the depositor of the unclaimed
money, their heir, beneficiary, or duly appointed representative, unclaimed money if claimed
prior to the date the money becomes the property of the local agency upon submitting proof
satisfactory to the treasurer, unless the unclaimed money is deposited pursuant to Section 7663
of the Probate Code.
Item 2. - 3 ATTJ -1 -:NT 1
v v w v
41
00
of
50056.
The responsibilities of the treasurer as provided under this article may be delegated by the
treasurer to the agency, district, or department that maintains the supporting records of the
unclaimed money based on the initial receipt or deposit of that money or both.
50057.
For individual items in the amount of five thousand dollars ($5,000) or less, the legislative body
of any county may, by resolution, authorize the county treasurer to perform on its behalf any act
required or authorized to be performed by it under Sections 50050, 50053, and 50055. The
resolution shall require that the county auditor be informed of each act performed under the
authorization.
Item 2. - 5 ATTJHB -20--NT 1
AAT T
CHMEiV `f 1
Escheat of Money
Gov't Section 50050-50057
Updated December 2014
I. Operating Expenses and Bond Funds— Under Minimum ($15.00)
Accounting Services:
A) At the end of every fiscal year, identify all outstanding checks by
check number, date, and name which are under $15.00 and which
are over one (1) year old for all bank accounts. Provide list to the
Director of Finance.
Cashiering & Collections Division:
B) Director of Finance or his/her designee to request Council action for
approval of the transfer of these funds to revenue in the General
Fund.
II. Operating Expenses and Bond Funds— Equal or Greater Than
Minimum ($15.00)
Accounting Services:
A. At the end of every fiscal year, identify all outstanding checks by
check number, date, and name which are equal to or greater than
$15.00 and which are over one (1) year old. Send a letter notifying
payees of outstanding check that has reached "Abandoned
Property Status" allowing three (3) weeks for a response.
B) Upon receipt of a letter, a party of interest may file a claim with the
Director of Finance, which must include claimant's name, address,
amount of claim, identification, the grounds on which the claim is
founded, and any other information that may be required by the
Director of Finance. (Copy of "Claim form" attached.) The
Cashiering & Collections Division will provide this to the Director of
Finance or his/her designee for review and approval. If approved,
paperwork for issuance of a new check will be processed by
Accounting Services.
C) After the response period has expired, identify these items as stale
over one (1) year.
D) At the end of every fiscal year, identify all remaining outstanding
checks over three 3 ears old including check number, date, and
( ) Y
name and move to Unclaimed Warrants account. Provide list to the
Director of Finance.
AM _2 ._-NT 2 Item 2. - 6
AlMACH
EN T 2
Cashiering & Collections Division:
E) Director of Finance will direct his/her designee to provide the list of
unclaimed moneys to be published in a newspaper notice. The
notice is to be published once a week for two successive weeks in
a newspaper published in the County or the City, and circulated in
the City. The notice shall state the amount of money and payee
name, and that it is proposed that the money will become the
property of the City on a designated date not less than forty-five
(45) days nor more than sixty (60) days after the first publication of
the notice.
F) Upon publication, a party of interest may file a claim with the
Finance Department which must include claimant's name, address,
amount of claim, identification, the grounds on which the claim is
founded and any other information that may be required by the
Director of Finance. (Copy of "Claim Form" attached.) The Director
of Finance or his/her designee will review and approve. If
approved, paperwork for issuance of a new check will be processed
by Accounting Services.
G) After the second publication in a newspaper, the Director of
Finance or his/her designee will prepare a Request for Council
Action and request Council approve the transfer of all amounts in
the Unclaimed Warrants account over three (3) years old to the
General Fund or if it is restitution collected on behalf of victims, it
shall be either deposited into the Restitution Fund or used by the
City for purposes of victim services after the expiration of the three-
year period.
H) This procedure shall also be followed for Bond Funds which have
been held in trust by the City and released. Such outstanding
checks are included in the population of checks described in this
section.
Item 2. - 7 AM -:NT 2
A ir Aa k4m;'k M m m m N
T 3
NOTICE IS HEREBY GIVEN THAT, the Finance Director of the City of Huntington
Beach, County of Orange, State of California, declares that the following monetary sums
have been held by the Finance Director and have remained unclaimed in the funds
hereafter indicated for a period of over three (3) years and will become the property of
the City of Huntington Beach on the 4th day of August, 2014 at 5:00 PM, a date not
less than forty-five (45) days nor more than sixty (60) days after first publication of this
Notice.
Any party of interest may, plLor to the date designated herein above, file a claim with the
Finance Director which includes the claimant's name, address, amount of claim, the
grounds on which the claim is founded and the date, name, amount, and heading shown
in this notice. The Finance Director may accept or reject the claim. If rejected by the
Finance Director, the party submitting the claim may, within 30 days of receiving notice
of rejection, file and serve on the Finance Director a verified complaint seeking to
recover all, or a designated part, of the unclaimed funds. Claim forms are available at
www.huntingtonbeachca.goy[UnclaimedFunds.
ATTI _23-:NT 3 Item 2. - 8
` CITY OF HUNTINGTON BEACH
FINANCE DEPARTMENT
LORI ANN FARRELL,FINANCE DIRECTOR
P.O.BOX 190
HUNTINGTON BEACH,CALIFORNIA 92648-0190
TELEPHONE: (714)536-5200 FAX: (714)374-1603
www.huntingtonbeachca.gov/unclaimedfunds
CLAIM FOR - UNCLAIMED FUNDS
Original Payee Name:
Claimant Name: Phone #
(if different)
Current Address:
DL#: SS#/TIN: Phone#:
(Individuals: please attach a copy of your driver's license)
Address when check was written:
Reason for original check issue (if known):
Original Check: Date: Amount:.
In order to process a replacement check and claim these funds, the City of Huntington
Beach Finance Director must receive this foram no later than August 4, 2014
In consideration thereof, it is agreed that the undersigned,the heirs,executors,successors or assigns of the undersigned,will
indemnify and hold harmless the City of Huntington Beach, or assigns,from and against any and all claims, liability, loss,
damage, expenses, counsel fees and costs arising through or by reason of'any endorsement, presentation, negotiation,
collection or any attempt at.collection or negotiation of the Original Check or the Replacement Check by the undersigned,
the employees, or agents of the undersigned. In the event the Original check shall be found, the undersigned agrees to
deliver to cause the same to be delivered to the City of Huntington Beach for cancellation and to reimburse the City of
Huntington Beach for all expenses incurred by reason of the issuance of the Replacement Check.
Authorized Signature: Date:
Name (Print): Title:
Please mail back too City of Huntington Beach
Attn: Finance Director—Unclaimed Funds
P.O.Box 190
Huntington Beach,CA 92648-0190
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Item 2. - 9 �. � �. � ..7
ATTACHMENT #4
UNCLAIMED FUNDS LIST
Check Date Name Amount
9/20/2013 LAURA BLANCHARD $ 10.39
4/26/2013 EXTREME TRAINING CENTER $ 9.33
12/14/2012 MARK HATCHER $ 2.27
3/8/2013 L HEGGSTROM $ 10.00
9/21/2012 ELSA HEREDIA $ 13.64
9/20/2013 AMBER KIDD $ 12.40
3/8/2013 KAY NELSON $ 14.17
9/20/2013 AMY NGUYEN $ 12.64
4/12/2013 JAMES PIERCE $ 10.00
9/20/2013 SHANNON SEITZINGER $ %00
4/5/2013 ADRIAN SILVA $ 7.00
9/20/2013 KEVIN STEINMETZ $ 12.46
9/20/2013 TIMOTHY SUMMERS $ 13.40
2/22/2013 ANDREW TILLISON $ 8.74
Total Checks 1 year old and under$15.00 $ 146.44
3/26/2010 ALYSON BUDDE-CUB SCOUT PACK#470 $ 150.00
4/20/10 ARTHUR C.VIGIL, M.D. $ 721.06
1/15/2010 ROSELYN ASHTON $ 73.57
1/15/2010 LORI AVERILL $ 19.05
1/29/2010 VIRGINIEAZPEITIA $ 16.85
1/29/2010 HASSAN BAHARIANMEHR $ 32.50
10/9/2009 DAWN BLOORE $ 238.00
2/19/2010 KEVIN BOEKHORST $ 25.00
1/29/2010 BENJAMIN D. BRIGHT $ 16.85
10/30/2009 BROWN ENGINEERING $ 4,059.00
3/12/2010 LAURENCE BROWN $ 88.94
12/18/2009 LOU BROWN $ 50.84
12/18/2009 TIFFANY BUI $ 18.05
10/30/2009 BURROWS ROBERT $ 100.00
10/30/2009 CALIF ELECTRIC WORKS $ 25.00
1/29/2010 RALPH CARNEVALI $ 20.81
1/29/2010 MARIE CARRIGER $ 51.47
10/30/2009 CASA LINDA DEVELOPMENT $ 798.00
12/18/2009 CITY RESIDENTIAL LENDING MORTGAGE $ 72.38
1/15/2010 LINDA CLARK $ 34.02
1/15/2010 COFFE CAPITAL $ 21.01
10/30/2009 CONTRERAS M FIERIO $ 2,300.00
1/29/2010 COSTA INSTALLATION SERVICES INC $ 22.37
1/29/2010 COTTAGE WHITE $ 51.17
1/29/2010 MARK COWAN $ 30.89
9/24/2010 FRANK M.CRAIG $ 90.83
1/15/2010 STEVEN CRUZ $ 40.82
9/24/2010 DOUG DANIELSON $ 74.38
1/29/2010 JOHN DAVIDSON $ 34.40
2/12/2010 ZACKARY S. DE JOHN $ 728.10
1/15/2010 WILLIAM DE VAULT $ 50.58
1/29/2010 TODD DELEVIE $ 21.98
1/15/2010 DENNY'S ADVANTICA RESTAURANT#1197 $ 70.28
1/29/2010 ELIJAH DOBRUSIM $ 46.27
4/23/2010 LAURA DOSE $ 43.34
ATTI14 -25-NT 4 Item 2. - 10
UNCLAIMED FUNDS LIST
Check Date Name Amount
10/30/2009 DOYLE&SHIELDS $ 200.00
7/16/2010 RENITA DWYER $ 73.00
10/30/2009 ECONO LUBE&TUNE $ 1,000.00
12/18/2009 AMANA ELLIS $ 52.54
1/15/2010 NADAV EVENARY $ 23.87
1/15/2010 CHAD FIETSAM $ 34.59
12/4/2009 JB FRANKLIN LLC $ 38.69
10/30/2009 FREEWAY IND PK $ 450.00
12/18/2009 GAMES FOR LESS INC $ 55.31
10/30/2009 GENSER MELVIN $ 100.00
1/29/2010 JEFFREY GODDARD $ 31.30
1/15/2010 ROBERT G.GOEBEL $ 52.23
1/29/2010 RYAN GOLDSTEIN $ 16.25
1/15/2010 GOOD MOOD FOOD $ 35.77
12/4/2009 LANCE GRABER $ 17.93
9/24/2010 CHRISTIAN GRAF $ 20.56
10/30/2009 GREYSTONE HOMES $ 4,850.00
1/29/2010 NEIL GROTHE $ 36.25
1129/2010 PATRICIA GUTARRA $ 28.54
9117/2010 GUTYS INC $ 22.98
10/30/2009 HARBOR PACIFIC $ 300.00
1/29/2010 HBK INVESTORS LLC $ 128.38
1/15/2010 CAROL HEAVEY $ 28.50
12/18/2009 ANN HEESOOK $ 24.01
1/15/2010 FRED HERZOG $ 29.43
10/9/2009 THEOHETHERINGTON $ 55.50
12/18/2009 THEO HETHERINGTON $ 55.50
12/4/2009 LONI HOANG $ 26.63
10/30/2009 CHANG HONG $ 1,864.00
1/15/2010 AMY HORI $ 34.20
1/15/2010 PAUL HOWELL $ 40.68
10/30/2009 HUNTINGTON BEACH CO $ 100.00
10/30/2009 HUNTINGTON BREAKERS $ 500.00
10/30/2009 HUNTINGTON INTER HOSP $ 200.00
10/30/2009 HUNTINGTON PARTNERSHIP $ 1,000.00
12/4/2009 HONG HUYNH $ 39.14
1/29/2010 YUEN HUYNH $ 26.33
12/4/2009 SHERICE IMEL $ 28.03
10/30/2009 JA STEWART CONST CO $ 150.00
3/19/2010 CASEE JAMES $ 22.72
3/19/2010 MICHAEL JARAMILLO $ 105.72
11/4/09 JEREMY RABINE $ 17.38
1/29/2010 RICHARD JESCHKE $ 33.60
12/4/2009 JL AUTOBODY/CARVI AUTOBODY&PAINT $ 50.16
1/29/2010 JOE'S DELI $ 50.28
4/30/2010 JOHN MUSE&ASSOCIATES INC $ 660.00
10/30/2009 JOHNSON CONSTRUCTION ASSN $ 500.00
1/15/2010 BRIAN JONES $ 22.39
1/15/2010 JOHN JUAREZ $ 25.50
11/20/2009 SARA KENNEDY $ 25.44
12/4/2009 MAMDOUH KHALED $ 19.90
1/15/2010 AHLIEAH KIDWELL $ 51.36
4/23/2010 MICHELLE D.KIRKPATRICK $ 120.73
Item 2. - 11 ATTiHB _ 6_;NT 4
UNCLAIMED FUNDS LIST
Check Date Name Amount
1/29/2010 DAN KLAWITTER $ 29.43
12/4/2009 ALI KOCYIGIT $ 20.55
12/4/2009 MIKE KOLEK $ 26.96
1/15/2010 ANDREA KRAWIETZ $ 17.69
8/27/2010 AMY B.KRIER $ 120.74
12/18/2009 SAMMY KURODA $ 76.00
10/30/2009 LA KING CO $ 25.00
2/26/2010 JUDY LARSON $ 50.00
10/30/2009 LBS PIPELINE $ 300.00
10/30/2009 LEGAL AIDE SOCIETY $ 20.00
12/4/2009 HALEY LIBBERT $ 24.93
4/9/2010 SALVADOR LIMON $ 44.76
12/24/2009 JAMES LINEBERGER $ 54.92
10/30/2009 LOOKO $ 500.00
1/15/2010 DOUNIA LOUHMADI $ 18.28
1/29/2010 BRYANT LOWER $ 42.23
2/12/2010 LISA MANFREDI $ 65.63
6/11/2010 MELISSA MARCHESE $ 50.00
11/20/2009 SVEN MARDAUS $ 26.29
1/29/2010 KRISTEN MC CLUSKEY $ 40.39
12/18/2009 JOSEPH MC ELROY $ 58.58
5/4/10 MEMORIAL ORTHO SURG MED GRP $ 82.10
1/15/2010 MARIA MENDOZA $ 21.67
4/9/2010 NADER MILANI $ 156.56
10/30/2009 MODULAIRE IND $ 500.00
4/16/2010 RAUL MONTES $ 84.47
10/30/2009 MOODY KEN $ 7,600.00
1/15/2010 JOSH MOORE $ 26.61
1/15/2010 MORGAN GOTHARD LLC $ 45.14
1/15/2010 JOHN JGUYEN $ 58.91
4/23/2010 JOHN NGUYEN $ 124.31
12/18/2009 LINDA JGUYEN $ 29.08
1/29/2010 NGOC NGUYEN $ 51.03
1/29/2010 TIN NGUYEN $ 18.56
1/15/2010 TUAN H. NGUYEN $ 54.15
1/29/2010 OCEANS IDE/BEACHSIDE LLC-1375402 $ 44.21
1/29/2010 ADAM OLABUENAGA $ 17.24
1/29/2010 ANDRES OSMAN $ 37.10
12/18/2009 BRUCE PALSULICH $ 27.15
12/18/2009 IRIS PATTERSON $ 54.93
12/4/2009 PCH HOMES LTD-PIER HOUSE $ 18.90
12/4/2009 CHRYSTA PENNIC $ 27.36
1/29/2010 JESUS PEREZ $ 44.95
12/4/2009 LAN PHAN $ 44.94
1/15/2010 THOMAS PIETRUSKA $ 36.07
10/30/2009 RALLYS INC $ 290.00
12/24/2009 OREN RAPAPORT $ 17.55
10/23/2009 MARY RASSMUSSEN $ 30.00
1/29/2010 ATTI REDING-DEBILDE $ 30.63
12/18/2009 ROBIN REED $ 29.41
1/29/2010 SANDRA REED $ 24.58
1/15/2010 BRUCE REEVES $ 39.22
1/29/2010 AMY REYNOLDS $ 32.28
ATTi _27_:NT 4 Item 2. - 12
UNCLAIMED FUNDS LIST
Check Date Name Amount
1/29/2010 TOM RICH $ 22.41
3/9/10 JOHNSON RICHARD M.D. $ 26.88
12/18/2009 PATRICK RILEY $ 34.80
1/15/2010 STEVEN A.RITNOUR $ 27.20
7/16/2010 KATHRIN ROGERS $ 115.20
1/29/2010 SUE S.SHAW $ 38.56
1/29/2010 DARREN SMALL $ 36.59
1/29/2010 PROSPERA SORIANO $ 40.64
10/30/2009 SOUTHBRIDGE HOMES $ 4,470.00
1/29/2010 DON ST JEAN $ 51.90
3119/2010 CLARKE STEPHENS $ 130.00
1/15/2010 KRISTIN STEWART $ 35.34
1/29/2010 J M STOUT $ 53.67
1/15/2010 SURF CITY DOLLAR STORE-1374559 $ 54.71
1/29/2010 STEVEN TERZINO $ 37.10
10/30/2009 TEXACO TRADING TRANSPORT $ 300.00
1/15/2010 THE PACIFIC COASTAL COMPANY $ 33.90
1/2912010 DIANNA TYCHOLIN $ 43.45
1129/2010 UNITED SMOKE SHOP $ 36.34
10/30/2009 JACK VARDEMAN $ 9,466.00
1/15/2010 VITTORIA'S RESTAURANT MANAGEMENT INC $ 37.69
10/3012009 W&B BUILDERS $ 1,500.00
9/312010 JOSEPH WAKED $ 141.13
1/15/2010 WEICHERT REALTORS PERMIER TEAM $ 16.78
9/3/2010 WESTBAY CAFE $ 118.90
4/23/2010 WESTERN EXTERMINATOR CO $ 421.00
11/27/2009 KRISTEN C.WIGGINS $ 115.76
1/15/2010 COREY WILSON $ 25.32
4/16/2010 DEAN WOLDRIDGE $ 40.33
6/25/2010 JOHN G.WRIGHT $ 106.19
7/30/2010 JOHN G.WRIGHT $ 106.19
1/29/2010 ANDY ZAKY $ 39.53
10/30/2009 ZAPATIC $ 150.00
Total Checks 3 years old and over$15.001 $ 52,898.13
Total Escheati $ 53,044.57
Item 2. - 13 ATTJ _ _:NT 4