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2000 Municipal Code Ordinance 331 - Amending 3.08.080 Regardin Authorization to Sign City ChecksTO: ai Rath:go qe INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND. ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 3-H Mtg. Date: 10-22-12 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MICHAEL JENKINS, CITY ATTORNEY SUBJECT: ORDINANCE NO. 331 AN ORDINANCE AMENDING ROLLING HILLS MUNICIPAL CODE SECTION 3.08.080 REGARDING AUTHORIZATION TO SIGN CITY VOUCHER CHECKS. DATE: OCTOBER 17, 2012 ATTACHMENTS Ordinance No. 331 Municipal Code Section 3.08.080 RECOMMENDATION It is recommended that the City Council conduct the second reading by title only and adopt Ordinance No. 331 amending Rolling Hills Municipal Code ("RHMC") § 3.08.080 to provide that any member of the City Council and the City Manager may sign checks and that two signatures are required on all checks, consistent with current practice. BACKGROUND AND DISCUSSION The Municipal Code currently requires that all City checks be signed by the City Treasurer, City Clerk or Deputy City Clerk and countersigned by the Mayor or the Mayor Pro Tempore in the absence of the Mayor. In practice, checks have been signed by any two Council Members and, as necessary, by the City Manager and a Council Member. The proposed ordinance updates the Municipal Code to be consistent with current practice. At the City Council meeting on October 8, 2012, Ordinance No. 331 was introduced by title only for first reading and full reading was waived. Page 1 of 2 FISCAL IMPACT All checks are on listed on the City Council agenda for Council approval prior to signature. The City's arrangement with the bank and Section 3.08.080 require that all checks have two signatures. There is no fiscal impact of this modification to the Municipal Code. ENVIRONMENTAL IMPACT This ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it pertains to internal administrative procedures. This ordinance, therefore, does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308. CONCLUSION It is recommended that the City Council conduct the second reading by title only and adopt Ordinance No. 331 amending Rolling Hills Municipal Code ("RHMC") § 3.08.080 to provide that any member of the City Council and the City Manager may sign checks and that two signatures are required on all checks, consistent with current practice. Page 2 of 2 0, ORDINANCE NO. 331 AN ORDINANCE AMENDING ROLLING HILLS MUNICIPAL CODE SECTION 3.08.080 REGARDING AUTHORIZATION TO SIGN CITY VOUCHER CHECKS The City Council of the City of Rolling Hills does hereby ordain as follows: SECTION 1: Section 3.08.080 of Title 3, Chapter 3.08 of the Rolling Hills Municipal Code is amended in its entirety to read as follows: 3.08.080 Payment. The procedure in this section is adopted as an alternative to the procedure specified in Section 37203 of the California Government Code. All claims and demands of the City shall be paid by voucher check drawn against a bank account maintained by the City, which checks shall have not less than two signatures. Any member of the City Council and the City Manager are authorized to sign City checks. SECTION 2: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Rolling Hills' book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED, AND ADOPTED this 22nd day of October, 2012. James Black, M.D. Mayor ATTEST: Anton Dahlerbruch, City Clerk Ordinance No. 331 1 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES • CITY OF ROLLING HILLS ) ) §§ I certify that the foregoing Ordinance No. 331 entitled: AN ORDINANCE AMENDING ROLLING HILLS MUNICIPAL CODE SECTION 3.08.080 REGARDING AUTHORIZATION TO SIGN CITY VOUCHER CHECKS was approved and adopted at a regular meeting of the City Council on October 22, 2012 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE DEPUTY .CITY CLERK Ordinance No. 331 2 Chapter 3.08 - CLAIMS AGAINST THE CITY* 3.08.080 - Payment. The procedure in this section is adopted as an alternate procedure to that specified in Section 37203 of the Government Code of the State of California. All claims and demands of the City of Rolling Hills shall be paid by voucher check drawn against a bank account maintained by the City Treasurer in the name of the City, which checks shall be signed by the City Treasurer or by the City Clerk or by the Deputy City Clerk and countersigned by the Mayor or Mayor Pro Tempore in the absence of the Mayor. (Ord. 68 § 8, 1966). J TO: eerf Raelato qteli INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 7-B Mtg. Date: 10-02-12 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MICHAEL JENKINS, CITY ATTORNEY SUBJECT: ORDINANCE NO. 331 AN ORDINANCE AMENDING ROLLING HILLS MUNICIPAL CODE SECTION 3.08.080 REGARDING AUTHORIZATION TO SIGN CITY VOUCHER CHECKS. DATE: SEPTEMBER 13, 2012 ATTACHMENTS Draft Ordinance No. 331 Municipal Code Section 3.08.080 RECOMMENDATION It is recommended that the City Council introduce Ordinance No. 331 amending Rolling Hills Municipal Code ("RHMC") § 3.08.080 to provide that any member of the City Council and the City Manager may sign checks and that two signatures are required on all checks, consistent with current practice. BACKGROUND AND DISCUSSION The Municipal Code currently requires that all City checks be signed by the City Treasurer, City Clerk or Deputy City Clerk and countersigned by the Mayor or the Mayor Pro Tempore in the absence of the Mayor. In practice, checks have been signed by any two Council Members and, as necessary, by the City Manager and a Council Member. The proposed ordinance updates the Municipal Code to be consistent with current practice. FISCAL IMPACT All checks are on listed on the City Council agenda for Council approval prior to signature. The City's arrangement with the bank and Section 3.08.080 require that all Page 1 of 2 ti checks have two signatures. There is no fiscal impact of this modification to the Municipal Code. ENVIRONMENTAL IMPACT This ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it pertains to internal administrative procedures. This ordinance, therefore, does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308. CONCLUSION The City Council is requested to consider the proposed Ordinance modifying the signatory on checks. Following adoption the Ordinance after a first and second reading, the new Ordinance would become effective in 30 days. Page 2 of 2 r 3 ORDINANCE NO. 331 AN ORDINANCE AMENDING ROLLING HILLS MUNICIPAL CODE SECTION 3.08.080 REGARDING AUTHORIZATION TO SIGN CITY VOUCHER CHECKS The City Council of the City of Rolling Hills does hereby ordain as follows: SECTION 1: Section 3.08.080 of Title 3, Chapter 3.08 of the Rolling Hills Municipal Code is amended in its entirety to read as follows: 3.08.080 Payment. The procedure in this section is adopted as an alternative to the procedure specified in Section 37203 of the California Government Code. All claims and demands of the City shall be paid by voucher check drawn against a bank account maintained by the City, which checks shall have not less than two signatures. Any member of the City Council and the City Manager are authorized to sign City checks. SECTION 2: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Rolling Hills' book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED, AND ADOPTED this day of , 2012. James Black, M.D. Mayor ATTEST: Anton Dahlerbruch, City Clerk Ordinance No. 331 1 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 331 entitled: AN ORDINANCE AMENDING ROLLING HILLS MUNICIPAL CODE SECTION 3.08.080 REGARDING AUTHORIZATION TO SIGN CITY VOUCHER CHECKS was approved and adopted at a regular meeting of the City Council on 2012 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE DEPUTY CITY CLERK Ordinance No. 331 2 J Chapter 3.08 - CLAIMS AGAINST THE CITY* Sections: 3.08.010 - Advocacy prohibited when —Opposition permitted. No City officer shall, except for his own account, present any claim, account or demand for allowance against the City or in any way, except in the discharge of his official duties, advocate the relief asked in the claim or demand made by any other person. Any officer of the City or any other person may appear before the City Council and oppose the allowance of any claim or demand made against the City. (Ord. 68 § 1, 1966). 3.08.020 - Employees' compensation. Salaries, wages, and compensation of officers and employees of the City shall not be considered to be claims or demands against the City under this chapter. Checks for the payment of salaries, wages, and compensation shall, however, be included in the register of accredited demands presented for payment at meetings of the City Council and shall be paid by check signed in the manner provided in Section 3.08.050. (Ord. 68 § 2, 1968). 3.08.030 - State law to govern. The presentation, consideration and enforcement of claims, other than those enumerated in Section 905 of the Government Code of the State of California, is regulated by Section 910 to 913, inclusive, of the Government Code, and by Section 942, 946, and 945.8 of the Government Code. All claims against the City, including those enumerated under Section 905 of the Government Code, except such thereof as are covered by other State statutes or regulations, shall be presented, considered and enforced in the manner provided by said Section 910 to 913 inclusive, 942, 946, and 945.8 of the Government Code. (Ord. 68 § 3, 1966). 3.08.040 - Examination by Clerk —Submission to Council. Any claim or demand presented to the City shall first be examined by the City Clerk for compliance with the provisions of Section 3.08.030 and for determination whether or not such demand is a proper charge, either in whole or in part, against the City. The City Clerk may, in her discretion, refer any claim or demand to the City Attorney for a report when the Clerk deems the same necessary. The Clerk shall submit all claims presented to the City, together with her recommendation as to approval or rejection, to the City Council at the second regular Council meeting held following the presentation thereof to the City, at which time all such claims shall be approved in whole or in part, or rejected, by the City Council, and the City Council shall audit such claims and demands as required by law. (Ord. 68 § 4, 1966). 3.08.050 - City Council action —Allowance or rejection. A. If The City Council finds that any claim or demand is not a proper charge against the City, it shall be rejected by motion and minute order, and the fact of rejection shall be plainly endorsed upon the claim by the City Clerk. The City Clerk shall also, within five days of the action of the City Council, except as exempted by the provisions of Section 910.8 of the Government Code, notify the claimant in writing of the action of the City Council and the fact of rejection of such claim. B. If any claim or demand is determined by the City Council to be a proper charge against the City, the same shall be allowed by minute order, made on roll call vote, setting forth as to each claim, other than an invoice claim for supplies, materials and equipment or services, the name of the claimant, a brief statement of the claim, the amount allowed, and a designation of the fund out of which it is to be paid. The City Clerk shall endorse upon each allowed claim the words "Allowed by the City Council," together with the date of allowance and the amount and from what fund, and the City Clerk shall attest the same with her signature. Unless immediate payment is made of such claim, the City Clerk shall notify the claimant or his authorized representative, in writing, within five days of the action of the City Council. C. If the City Council finds any claim or demand is a proper charge against the City but is in an amount greater than is justly due, it shall reject said claim or demand, or allow it in the amount justly due and reject it as to the balance. If any claim or demand is allowed in part and rejected in part, it shall be done by motion and minute order, on roll call vote, setting forth as to each claim the name of the claimant, the amount of the claim, a brief statement of the claim, the amount allowed, and a designation of the fund out of which it is to be paid and the amount rejected. The fact of such allowance in part and rejection in part shall be endorsed upon such claim by the City Clerk with the words "Allowed by the City Council as to $ ; Rejected as to $ together with the date of such allowance and the fund from which payment is to be made, and the City Clerk shall attest the same with her signature. The City Clerk shall notify the claimant or his authorized representative, in writing, within five days of the action of the City Council. (Ord, 68 § 5, 1966). 3.08.060 - City Council action —Disputed liability or amount. A. If the City Council finds that legal liability for the City or the amount justly due is disputed, the City Council may reject the claim or demand or compromise said claim or demand. If the claim or demand is rejected by the City Council, the City Clerk shall give the notice provided to be given under Section 3.08.050. B. If the City Council allows the claim in whole or in part or compromises the claim, it may require the claimant to accept it in settlement of the entire claim. (Ord. 68 § 6, 1966). 3.08.070 - Notice mailing. Notice may be given by mailing said notice to the address, if any, stated in the claim as the address to which the person presenting the claim desires notice to be sent. If no such address is stated in the claim, the notice may be mailed to the address, if any, of the claimant as stated in the claim. No notice need be given if a claim fails to state either an address to which the person presenting the claim desires notices to be sent, or an address of the claimant. (Ord. 68 § 7, 1966). 3.08.080 - Payment. The procedure in this section is adopted as an alternate procedure to that specified in Section 37203 of the Government Code of the State of California. All claims and demands of the City of Rolling Hills shall be paid by voucher check drawn against a bank account maintained by the City Treasurer in the name of the City, which checks shall be signed by the City Treasurer or by the City Clerk or by the Deputy City Clerk and countersigned by the Mayor or Mayor Pro Tempore in the absence of the Mayor. (Ord. 68 § 8, 1966).