PART I - FINANCE GENERAL
CHAPTER 1
DEMANDS AGAINST THE CITY Revised 8/23
(Added by O-11; Amended by O-29; O-348; O-463; O-617; O-2573)
21.1.1 DEMAND REQUIREMENTS.
a) Except as otherwise provided in this Article, all claims or demands against the City shall be made in writing and shall set forth, in reasonable detail, the basis on which such claim or demand is presented.
b) The payment of demands covering payrolls shall be based on departmental time sheets that have been signed by the department head, or other persons authorized to sign on his behalf, certifying as to the accuracy of the time worked by each employee.
c) The provisions of this Article shall not apply to claims against the City which must be presented and processed in accordance with the provisions of Part 3, Division 3.6 (Sections 900-935.6), of the State Government Code.
21.1.2 AUDITING PRIOR TO PAYMENT.
a) The Finance Director, after receipt of any claim or demand and before payment, shall audit the same giving particular attention to:
1) A comparison of the items reflected in such claim or demand as compared with the corresponding items set forth in the requisition, purchase order or contract;
2) Verification of the receipt of the materials, supplies or services covered by the claim or demand, and that the amounts reflected are due and payable.
b) Prior to payment of payrolls the time sheets shall be audited by the Finance Director with particular attention given to the mathematical computations and extensions, and compliance with the provisions of the Code regulating employees’ salaries and working conditions.
21.1.3 PREPARATION AND LISTING OF WARRANTS.
Upon auditing of claims and demands as required by the preceding Section, the Finance Director shall prepare a warrant covering the claims or demands which he finds to be in order after his examination thereof, and shall cause such warrants to be numbered and listed on warrant registers prior to presenting the same to the City Treasurer for payment.
21.1.4 CERTIFICATION BY FINANCE DIRECTOR.
There shall be included in, or attached to, each warrant register the affidavit of the Finance Director, certifying as to the accuracy of the demands and the availability of funds for payment thereof.
21.1.5 DUTY OF TREASURER TO PAY WARRANTS.
Upon the presentation of a warrant, properly executed and endorsed, the City Treasurer shall pay the same out of the monies in the City Treasury properly applicable to that purpose.
21.1.6 DELEGATION OF DUTIES.
The Finance Director may designate one or more assistants to perform any of the duties delegated to him pursuant to this Article.
21.2.1 DEFINITIONS.
a) "City Manager" means the City Manager of the City of Torrance or his or her authorized representative.
b) "Obsolete Personal Property" means any and all equipment, materials, supplies, vehicles, fixtures and other personal property of the City that are obsolete, worn-out, scrap, surplus, or no longer useful to the City.
21.2.2 AUTHORITY TO DISPOSE OF OBSOLETE PERSONAL PROPERTY.
a) Obsolete Personal Property Valued At Less Than $25,000. The City Manager is authorized to dispose of Obsolete Personal Property that the City Manager determines has a value of less than Twenty-Five Thousand Dollars ($25,000.00)
b) Obsolete Personal Property Valued At $25,000 or More. The City Council is authorized to dispose of Obsolete Personal Property that has a value of Twenty-Five Thousand Dollars ($25,000.00) or more.
21.2.3 METHODS OF DISPOSITION OF OBSOLETE PERSONAL PROPERTY. Revised 8/23
(Amended by O-3918)
a) Abandonment, Destruction or Donation. Obsolete Personal Property that has no commercial value or of which the estimated cost of continued care, handling, maintenance or storage would exceed the estimated proceeds of sale, may be abandoned, destroyed or donated. The determination to dispose of Obsolete Personal Property of no commercial value must be made in a writing signed by the City Manager and countersigned by the City’s Purchasing Agent.
b) Formal Bidding. Obsolete Personal Property may be offered for sale by formal, sealed bidding, in the manner provided by Article 3 of Chapter 2 of this Division.
c) Informal Price Quotations. Obsolete Personal Property with a value of less than $25,000.00 may be offered for sale by means of informal telephone price quotations, in the manner provided by Article 4 of Chapter 2 of this Division.
d) Public Auction. Obsolete Personal Property may be sold at auction. When appropriate, an experienced auctioneer should be used to conduct the sale and assist in preparation of the sale.
e) Trade-ins. Obsolete Personal Property may be traded-in for credit to a vendor of new goods, provided one of the following conditions is met:
a. The Purchasing Agent determines that the trade-in value is equal to or exceeds the value estimated to be obtained by an auction of the Obsolete Personal Property; or
b. The Purchasing Agent determines that the trade-in value is equal to or exceeds the price offered by the lowest responsive and responsible bidder in the solicitation of bids.
f) Retail Sales. Obsolete Personal Property that has an estimated value of less than $25,000.00 may be offered for sale to the public, either at advertised one-time sales, or by offering the personal property for sale in a retail store operated by the City or in joint venture with an established retail sales establishment, provided all of the following conditions are met:
a. The value and asking price for the goods are established at current market value of like goods in the market;
b. The goods are offered for sale openly to the general public; and
c. No licensed motor vehicle may be sold in this manner.
g) Transfer to a Public Agency or a Charitable, Civic or Non-profit Organization. The City Council may authorize the sale, lease or donation of Obsolete Personal Property to the federal government or one of its agencies; to the State of California; to any county, city, school district, special district; other governmental agency; or to any charitable, civic or non-profit organization. The price and terms of transfer must be established by the City Council, but may be made without advertisement for or receipt of bids.
h) The methods of disposition in this section shall not apply to any firearm or ammunition obtained by the City via voluntarily relinquishment or through a gun buyback program or event operated for the purpose of firearm and ammunition destruction. Firearms and ammunition obtained via voluntarily relinquishment or through a gun buyback program operated for the purpose of destruction, regardless of commercial value, may be destroyed.
a. “Gun buyback program or event” as used in this Article is a program or event where firearms and ammunition are voluntarily relinquished to law enforcement for destruction and some form of incentive, which may include financial compensation, is offered in return for each relinquished firearm.
21.2.4 RESTRICTIONS APPLICABLE TO DISPOSITION OF PERSONAL PROPERTY.
a) Government Grant Funds. Disposal of Obsolete Personal Property purchased with federal or state grant money is subject to the conditions of the grant.
b) Conflicts of Interest. City officers, employees and agents may not be purchasers at any sale, nor may they obtain or receive any City-owned personal property by any other means, while serving in their official capacity.
21.3.1 APPROVAL OF REFUND.
Subject to the provisions of Section 21.3.5. of this Article, the City Manager shall refund in whole or in part or cause to be refunded monies collected by the City where:
a) The money was either paid by the claimant or received by the City through mistake, inadvertence, or error of law or fact; or
b) The claimant was entitled to an exemption from payment of monies collected or received but neglected or otherwise failed to claim such exemption at the time of payment; or
c) The exercise of a right or privilege for which the money was paid was made illegal or physically impossible before such exercise began without the fault of the person making the payment or the person entitled to exercise the right or privilege; or
d) A refund is otherwise provided by law.
21.3.2 ADMINISTRATIVE EXPENSES; LIMITATIONS.
a) When a refund is made under the provisions of this Article, the City shall retain from the amount so refunded twenty (20) percent thereof for administrative expenses, but not to exceed Twenty-five Dollars ($25.00). If, in the opinion of the City Manager or the City Council, the City was at fault, such retained amount may be waived.
b) Notwithstanding any other provisions of this Section, when a refund is made pursuant to paragraph c) of Section 21.3.1. due to the physical impossibility of a person to exercise a right or privilege offered by the Park and Recreation Department, the City shall retain from the amount so refunded no more than One Dollar ($1.00) for administrative expenses; except, however, where the fee charged by the City for such exercise exceeds Ten Dollars ($10.00), the City shall retain for administrative expenses no more than Two Dollars ($2.00).
21.3.3 REQUESTS FOR REFUND.
All requests for refunds shall be made in writing on forms provided for this purpose by the City. Such requests may be initiated either by an officer of the City or by the person claiming the refund.
21.3.4 QUALIFICATIONS FOR REFUND.
In order to qualify for a refund under the provisions of this Article, claims must be filed not later than one hundred (100) calendar days from the date the money is collected or received by the City, except that where the claim for refund is based upon Section 21.3.1., the claim must be filed not later than one hundred (100) calendar days from the date on which the exercise of the right or privilege for which the money was paid was made illegal or physically impossible.
21.3.5 APPLICATION OF REFUND TO DEBT.
Any refunds payable under the provisions of this Article shall first be applied to pay any debt owed by the applicant to the City.