HomeMy WebLinkAboutApprove the escheatment of Unclaimed Funds in the amount of Dept.ID FN 17-001 Page 1 of 2
Meeting Date: 1/17/2017
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CITY OF HUNTINGTON BEACH
�s REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 1/17/2017
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A.Wilson, City Manager
PREPARED BY: Lori Ann Farrell Harrison, Chief Financial Officer
SUBJECT: Approve the escheatment of Unclaimed Funds in the amount of$5,722.48 per
Government Code Sections 50050-50057
Statement of Issue:
The City is currently holding $5,722.48 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 $5,722.48 into the City's General Fund. The FY 2016/17
Adopted Budget for the General Fund assumes the City will receive a total of $140,000.00 in
miscellaneous revenue. The escheated funds of $5,722.48 in addition to other miscellaneous
revenue sources will assist the General Fund in reaching the budgeted estimate.
Recommended Action:
Approve the transfer of$5,722.48 of unclaimed funds from the City's Unclaimed Funds Liability
Account to the City's Miscellaneous Revenue Account#10000100.48550.10035209 in compliance
with the 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, 2015. Pursuant to Government Code Sections
50050-50057, the Chief Financial Officer published a notice with all unclaimed funds over three
years old or greater than $15.00 (Attachment 3) on December 1, 2016 and December 8, 2016, 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$5,722.48 (Attachment 4).
Environmental Status:
Not Applicable.
Item 4. - 1 H -22-
Dept.ID FN 17-001 Page 2 of 2
Meeting Date: 1/17/2017
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 2016.
HB _23)_ Item 4. - 2
ATTACHMENT # 1
GOVERNMENT CODE—TITLE 5. LOCAL AGENCIES [50001 —575501
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.
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.
Item 4. - 3 AMHB -24-:NT 1
50052.5.
(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.
(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 liable 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.
ATWH _2>_:NT 1 Item 4. - 4
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.
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. - 5 ATWHB _26_:NT 1
ATTACHMENT #2
Escheat of Money
Gov't Section 50050-50057
Updated November 2016
I. Operating Expenses — Under Minimum ($15.00)
Accounting Services:
A) At the end of every fiscal year, identify all outstanding checks by check
number, date, name which are under $15.00 and which are over one (1)
year old for all bank accounts. Provide list to Chief Financial Officer.
Cashiering & Collections Services Division:
B) Chief Financial Officer 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, name which are equal or greater than $15.00 and which are
over 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 Chief
Financial Officer, 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 Chief Financial Officer.
(Copy of "Claim form" attached.) The Cashiering & Collections Division
will provide this to the Chief Financial Officer 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 Chief Financial
Officer.
1
AMHB _27_:NT 2 Item 4. - 6
Cashiering & Collections Services Division
A) Chief Financial Officer 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 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.
B) 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 Chief Financial Officer.
(Copy of "Claim Form" attached.) The Chief Financial Officer or his/her
designee will review and approve. If approved, paperwork for issuance of
a new check will be processed by Accounting Services.
C) After the second publication in a newspaper, the Chief Financial Officer 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.
D) 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.
2
Item 4. - 7 AM HB -28-:NT 2
ATTACHMENT #3
AFFIDAVIT OF PUBLICATION Proof of Publication
STATE OF CALIFORNIA, PUBLIC UOVPS�,�;,MMVI
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I am a citizen of the United States and a resident 'PM,,a dale no te'ss than folly-rtve'j�5t days not,more€hen skly(6D1 rfa}s alter first,publ#
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Signature
Huntington Beach'Wave
625 N.Grand Ave. E
Santa Ana,CA 92701
(714)796-2209
HB -29- Item 4. - 8
CITY OF HUNTINGTON BEACH
FINANCE DEPARTMENT
P.O.BOX 190
r$ HUNTINGTON BEACH,CALIFORNIA 92648-0190
TELEPHONE: (714)536-5200 FAX: (714)536-5934
",inv.huntingtonbeachca.gov/nnclaimedfunds
CLAIM FORM - UNCLAIMED FUNDS
Original Payee Name:
Claimant Name: Phoneth
(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 Chief Financial Officer must receive this form
III 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 r 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:
i
Name(Print): Title:
Please mail back to: City of Huntington Beach
Attn: Finance Department—Unclaimed Funds
P.O. Box 190
Huntington Beach,CA 92648-0190
City of lluntington Beech Use Only
Finange
z
®Confirmed item on outstanding check list Name/Date: ®Check of O/S at bank
® Input&Processed claim NawiDate: 13 Void check at bank'
d
Replacement Check: Check# Check Date: El Authorize`:reissue of check
Item 4. - 9 HB -30-
ATTACHMENT #4
UNCLAIMED FUNDS LIST
Check Date I Name Amount
9/26/2014 Nick Billow $ 11.68
5/30/2014 Thomas Cessario $ 13.89
5/30/2014 Julie Denworth $ 12.05
5/30/2014 Bethany keyes $ 10.83
5/9/2014 Joyce Kotrys $ 3.84
9/26/2014 Eric Meyers $ 11.13
5/30/2014 Kusumben Patel $ 12.51
4/11/2014 Vince Ransom $ 3.25
9/12/2014 Diane Starbuck $ 6.00
Total checks 1 year old and under$16.00 $ 85.18
3/30/2012 Iman Aal $ 34.40
8/31/2012 Barbara Ashbury $ 86.00
9/21/2012 Colleen Bailey $ 16.07
9/28/2012 Beach Cities Realty Exist $ 18.68
9/21/2012 Stephen Calderon $ 26.10
8/31/2012 Kimberly Callender $ 54.55
11/4/2011 Chander Inv Property $ 1,301.00
5/25/2012 Lindsay Cooper $ 40.46
8/31/2012 Mike Dearborn $ 70.78
2/3/2012 Sumi Dra $ 65.00
10/14/2011 Fabshow Inc $ 89.02
4/13/2012 First American Title $ 75.00
8/17/2012 Morgan Taylor Foster $ 30.00
9/28/2012 Sylvia Franklin $ 23.10
10/28/2011 Jerry Freedom $ 44.00
9/21/2012 Karyn Gallagher $ 18.15
10/28/2011 Carla Gentile $ 56.14
7/27/2012 Grandpoint Bank $ 46.71
9/21/2012 Joseph Gurzi $ 20.11
11/4/2011 Lorie Hamilton $ 48.00
12/2/2011 Samantha Haugh $ 189.00
9/14/2012 Ellen Haywood $ 34.83
9/21/2012 Heidi Holllstein $ 26.34
8/31/2012 Peter Hughes $ 49.96
9/14/2012 Huntington Beach State Beach Junior $ 150.00
8/24/2012 Renarda Kakowski $ 102.52
9/21/2012 Kimberly Karkkainen $ 16.24
9/28/2012 Delores Lacko $ 39.91
8/24/2012 Annette Lujan $ 108,96
7/27/2012 Kenny Ly $ 87.06
2/3/2012 Louis Maechler $ 159.92
8/24/2012 Fred McBurnett $ 119.31
12/2/2011 Daniel Morgan $ 361.99
7/27/2012 Mystery Inc $ 40.49
8/17/2012 Rick Neil $ 34.30
9/21/2012 Laura Nelson $ 15.44
9/7/2012 Dung Nguyen $ 57.00
9/28/2012 Michael Panuschka $ 75.00
9/21/2012 Howin Park $ 24.86
1/27/2012 Tai Pham $ 25.94
12/2/2011 James Poon $ 205.01
4/6/2012 Precision Electronic Fabrication $ 143.12
9/28/2012 Stephen Quattrocchi $ 17.48
9/7/2012 R P Oil Inc $ 58.11
8/31/2012 Scott Reierson $ 17.74
12/16/2011 Robert Renfrow $ 161.92
9/21/2012 John Rice $ 18.30
2/3/2012 Sandra Roberts $ 150.00
9/14/2012 Robert Rooks $ 36.80
9/21/2012 Jason Sarafin $ 26.23
8/24/2012 Ranto Silva $ 116.31
5/25/2012 Roberta Smith $ 150.32
2/10/2012 Sprague Trust $ 75.00
3/23/2012 Erick Ken Strong $ 82.00
12/9/2011 Dan Thompson $ 15.92
9/28/2012 Barbara Torpin $ 36.30
11/11/2011 Anthony Tran $ 57.00
9/7/2012 Ashley Watt $ 45.42
9/21/2012 Stacey Wilson $ 23.41
4/27/2012 John G.Wright $ 106.19
5/25/2012 John G.Wright $ 106.19
7/27/2012 John G.Wright $ 106.19
Total checks 3 years and older and over$16.00 $ 5,637.30
Total Escheat $ 5,7
KB l- Item 4. - 10