HomeMy WebLinkAboutApprove the escheatment of $6,494 47 of Unclaimed Funds per Dept ID FN 15-016 Page 1 of 1
Meeting Date 101512015
-7
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 10/5/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A Wilson, City Manager
PREPARED BY: Lori Ann Farrell Harrison, Director of Finance
SUBJECT: Approve the escheatment of $6,494 47 of Unclaimed Funds per Government
Code Sections 50050-50057
Statement of Issue
The City is currently holding $6,494 47 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$6,494 47 into the City's General Fund
Recommended Action
Review and approve the transfer of$6,494 47 of unclaimed funds from the City's Unclaimed Funds
Liability Account to the City's Miscellaneous Revenue Account #10000100 48550 in compliance
with Government Code Sections 50050-50057
Alternative Action(s) Do not approve the recommendation and direct staff accordingly
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 September 30, 2014 Pursuant to Government Code Sections
50050-50057, the Director of Finance published a notice with all unclaimed funds over three years
old or greater than $15 00 (Attachment 3) on July 27, 2015, and July 30, 2015, in an adjudicated
newspaper, the Huntington Beach Wave Per Government Code Sections 50050-50057, the City
released funds on all verified claims which were timely filed The remaining unclaimed funds total
the amount of$6,494 47 (Attachment 4)
Environmental Status Not Applicable
Strategic Plan Goat 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 2015
xB -53- Item 4. - I
it ATTACHMENT # 1
�
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
500525
(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 4. - 2 ATWHB -54-:NT 1
(b) Notwithstanding Section 50052, the treasurer may release unclaimed money deposited with
the county treasurer pursuant to Section 7663 of the Probate Code, to any adult blood relative
of either the decedent or the decedent's predeceased spouse
(c) Notwithstanding Section 50052, the treasurer may release unclaimed money deposited with
the county treasurer pursuant to Section 7663 of the Probate Code to the parent who has legal
and physical custody of a minor who is a blood relative of either the decedent or the decedent's
predeceased spouse without the need to appoint a legal guardian for the minor as follows
(1) If the value of the unclaimed money deposited with the county treasurer is five thousand
dollars ($5,000) or less, the treasurer may release the money according to Section 3401 of
the Probate Code
(2) If the value of the unclaimed money deposited with the county treasurer is sixty thousand
dollars ($60,000) or less, and the money is not released under paragraph (1), the unclaimed
money may be released by the treasurer to the parent who shall, after payment of any costs
incurred in making the claim, hold the money in trust, to be used only for the care,
maintenance, and education of the minor, and the parent shall be Fable therefor to the minor
under the fiduciary laws of this state The money held in trust shall be released to the minor
when the minor reaches the age of majority
(d) The claim shall be presented to the county treasurer in affidavit form and signed under
penalty of perjury Notwithstanding Section 13101 of the Probate Code, the claimant, to be
entitled to the entire escheated estate, needs only to establish with documentary proof the
existence of a blood relationship to either the decedent or of the predeceased spouse, if any,
and the documentary proof, if regular on its face, need not be certified Notwithstanding Section
13101 of the Probate Code, the claimant shall not be required to declare that no other person
has an equal or superior claim to the escheated estate
The county treasurer may rely in good faith on the sworn statements made in the claim and
shall have no duty to inquire into the truth or credibility of evidence submitted
In paying out the escheated estate, the county treasurer shall be held harmless to all Payment
shall act as total acquittance and shall completely discharge the county treasurer from any
liability
If the county treasurer rejects any claim made hereunder, the claimant may take his or her
grievance to the Superior Court of the county holding the escheated estate
Any claim paid hereunder shall be paid without interest
50053.
When any such money becomes the property of a local agency and is in a special fund, the
legislative body may transfer it to the general fund
50054.
Whenever any city or county or city and county renders construction services or constructs
public works for any city, county, city and county or any other governmental agency below the
level of the state government, the price charged for such services or construction shall be
sufficient to reimburse the governmental body performing such services for the full cost thereof
including labor, material, equipment costs or rentals and a reasonable allowance for overhead
In computing overhead, without limitation on other factors properly includable, there shall be
allocated to the overhead cost its proportionate share of indirect labor and administrative costs
50055.
Any other provision of this article notwithstanding, any individual items of less than fifteen
dollars ($15), or any amount if the depositor's name is unknown, which remain unclaimed in the
treasury or in the official custody of an officer of a local agency for the period of one year or
upon an order of the court may be transferred to the general fund by the legislative body without
the necessity of publication of a notice in a newspaper
ATUHB _55_:NT 1 Item 4. - 3
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 4. - 4 A►MHB _56_:NT1
EAAfTTCHMENT #2
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) years old including check number, date, and
name and move to Unclaimed Warrants account Provide list to the
Director of Finance
ATWHB _57_:NT 2 Item 4. - 5
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 4. - 6 ATTIHB -ss-:NT 2
AiTAuo"", m" MLNT #3
AFFIDAVIT OF PUBLICATION Proof of Publication
STATE OF CALIFORNIA, )
ss_ ;a
County of Orange ) u
I am a citizen of the United States and a resident
of the County aforesaid, I am over the age of
eighteen years,and not a party to or interested in x
the above entitled matter I am the principal clerk of
of the Huntington Beach Wave, a newspaper
that has been adjudged to be a newspaper of ` r
general circulation by the Superior Court of the
County of Orange,State of California,on July 1,
1998,Case No A-185906 in and for the City of
Huntington Beach, County of Orange, State of �s
California,that the notice,of which the annexed
is a true printed copy,has been published in each
regular and entire issue of said newspaper and
not in any supplement thereof on the following
dates,to wit
a�� v
July 23,30,2015
-1 certify (or declare) under the penalty of
perjury under the laws of the State of California s
that the foregoing is true and correct"
Executed at Santa Ana, Orange County, \\\J
California,on
July 30,2015
y�M�C� �•dome$�Y9 ``�a!
ctiir Signature
dluntington Beach Wave � §
_ ® 625 N Grand Ave. °n
L i cs3 >!Santa Ana,CA 92701 !
0 (714)796-2209 �riY
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ATT xB -59-uT 3 Item 4. - 7
CITY OF HUNTINGTON BEACH
FINANCE DEPARTMENT
P.O. BOX 190
HUNTINGTON BEACH,CALIFORNIA 92648-0190
"4 TELEPHONE: (714) 536-5200 FAX: (714)536-5934
www.huntingtonbeachca.gov/unclaimedfunds
CLAIM FORM - 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 form no later than September 6, 2015
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 to City of Huntington Beach
Attn Finance Director—Unclaimed Funds
P O Box 190
Huntington Beach, CA 92648-0190
11City of Huntington Beach'Use only `f
Finance
®Confirmed%em on outstanding checklist Name/Date � 6 kc fo/S at Sunk
Input&Processed c1a�m'Name/(date �_; �� Void cheek at bank
�Authorize reissue ofchcck
z
r� RPnlar�m�t�' cck (,'kieClS.� a �:IIeCICI�ate
Item 4. - 8 "HB -60-
ATTACHMENT #4
UNCLAIMED FUNDS LIST
Check Date Name Amount
12/13/13 Chris Ha1ek $ 1442
12/27/13 Huntington Beach Car Wash $ 900
Total Checks 1 year old and under$15 00 $ 23421
09/16/11 2205 Alabama LLC $ 6842
04/22/11 A-1 Mail Stop $ 2298
04/22/11 Emily Andrus $ 2363
12/03/10 Adam Arambula $ 6100
10/22/10 Argonaut Holdings,Inc $ 18345
02/11/11 Paul Austin $ 8658
11/12/10 Mina Azizian $ 5372
09/16/11 Daniel Billiet $ 2800
09/16/11 Brisas Del Mar COA $ 5908
09/02/11 Kristen Camp $ 3208
10/01/10 Pam Canaday $ 4800
09/16/11 Canabis State Consulting,LLC $ 2221
02/18/11 Nirnve Cardenas $ 3576
03/18/11 Tyler Caston $ 2941
09/02/11 Suzanne Cologne $ 10687
07/29/11 Daniel Corpus $ 15000
01/07/11 Max CortiJo $ 4615
10/22/10 William Cray $ 7263
09/02/11 Steven Davis $ 2180
09/02/11 Vernal Day $ 2122
09/02/11 Amy Dobson $ 43 12
09/16/11 Lynda Engebretson $ 2567
07/22/11 Emmett Evans $ 6000
06/10/11 Sam Fali $ 17500
11/12/10 Dan Fennessey $ 4931
11/26/10 Anthony Fiarrow $ 35000
05/13/11 Finesta America Inc $ 17500
02/11/11 Mike Fischer $ 48 03
02/25/11 Maria Flores McRea $ 4400
05/06/11 Josh Florez $ 2047
02/18/11 Giant Gate Group $ 3738
02/11/11 Laren Gregory $ 4546
09/16/11 John Gustafson $ 38 10
11/12/10 Brande Guzak $ 5056
05/06/11 Chandra Hankison $ 20 13
09/02/11 Harbor Point $ 2256
05/06/11 Hargis&Associates $ 67933
07/22/11 HB Pacific Coast/Chevron $ 6305
09/02/11 Lucindo Hernandez $ 1727
03/25/11 Highroad Warehouse Inc $ 3131
12/30/10 Lois E Hightshoe $ 5131
09/16/11 Jon Hofner $ 44 19
01/15/10 Summer Hulsey $ 35 12
12/17/10 Huntington Beach Car Wash $ 12501
02/18/11 Huntington Beach Pacific $ 8632
01/07/11 Casee James $ 4074
10/22/10 Michael Jaramillo $ 6000
05/06/11 Fon Jiang $ 1949
02/18/11 Mansour Khatib $ 3873
01/07/11 James King $ 4686
09/16/11 Steven Kobzeff $ 2105
09/16/11 Kenneth Krause $ 39 13
03/25/11 Yun-Shan Lee $ 10000
02/11/11 Francis Ma $ 6441
HB _6 1- Item 4. - 9
UNCLAIMED FUNDS LIST
10/12/10 Macro-Pro $ 14067
07/22/11 Harvey Martin $ 6342
02/11/11 Fara Marz $ 8807
09/02/11 Fara Marz $ 3456
09/09/11 Trevor McCourt $ 1727
09/02/11 Robert McCowan $ 2243
11/12/10 Scott J Melton $ 5425
09/02/11 John Miller $ 1841
09/02/11 Chad Moninger $ 2104
09/16/11 Tarah Mosely $ 4605
07/01/11 Natascha Moss $ 15000
09/02/11 Milan Nechanicky $ 4672
05/06/11 Yolanda D Ngan $ 5114
09/02/11 Stanley Nguyen $ 16801
01/07/11 Michael Ogan $ 4274
09/02/11 Eren Ozturk $ 3063
10/01/10 Heather Panzella $ 7600
09/16/11 Thuy Vu dba Paradise Nails $ 5747
10/22/10 Elva Pena $ 7148
04/22/11 Alison Pham $ 2364
02/11/11 Vinsin Phan $ 4872
08/26/11 Conception Rankin $ 7749
04/22/11 Ian Revac $ 23 80
05/13/11 Terumi Saeki $ 7934
02/11/11 Marzieh Shanf $ 10757
11/12/10 Lorette Smith $ 5123
09/02/11 Geoff Souli $ 27 16
09/16/11 Jonathan Spiegel $ 28 16
02/11/11 Betty Swan $ 2965
09/02/11 Betty Swan $ 4535
03/18/11 NebalSwedan $ 2873
07/22/11 Barbara Swist $ 1600
09/02/11 Charity Thompson $ 3366
05/13/11 Shannon Todd $ 9353
03/25/11 Nga Tran $ 3075
09/02/11 Phu Tran $ 20 80
02/11/11 Philip Tripoli $ 2430
11/12/10 Peggy Troupe $ 4916
08/26/11 Carlyn Tucker $ 2114
09/02/11 Utica HOA $ 15 62
02/25/11 Wendy Wagner $ 4100
12/17/10 Valerie Ward $ 3368
10/22/10 Wells Fargo Bank $ 195 12
07/22/11 Ray Wersel $ 6229
09/16/11 Shawna Williams $ 1659
09/02/11 Marilyn Worley $ 1834
02/11/11 James Young $ 8677
Total Checks 3 years old and over$15 00 1 $ 6,471 05
Total Escheat $ 6,494 47
Item 4. - 10 xB -62-