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Home My WebLink About13 FIRST READING OF ORDINANCE NO. 1490Agenda Item 13 Reviewed: AGENDA REPORT City Manager Finance Director , 9A" - — MEETING DATE: DECEMBER 19, 2017 TO: JEFFREY C. PARKER, CITY MANAGER FROM: JOHN A. BUCHANAN, ACTING FINANCE DIRECTOR JENNY LEISZ, DEPUTY DIRECTOR - FINANCIAL SERVICES SUBJECT: FIRST READING OF ORDINANCE NO. 1490 AMENDING SUBSECTION (E) OF SECTION 1611 OF THE TUSTIN CITY CODE SUMMARY: Ordinance No. 1490 would, if adopted, amend Subsection (e) of Section 1611 of the City Code concerning the drawing of checks, orders and warrants upon the City Treasury to reflect the Finance Department's exclusive use of electronic signatures. The proposed Code amendment would also identify the Finance Director as an authorized signatory on City checks, orders and warrants and to remove the Chief Deputy City Clerk from the list of authorized signatories. Additionally, the proposed Code amendment would update a reference to the former Tustin Community Redevelopment Agency. RECOMMENDATION: Conduct the first reading by title only of Ordinance No. 1490 and direct staff to schedule the Ordinance for second reading and adoption at the next regular meeting of the Council. FISCAL IMPACT: None. CORRELATION TO THE STRATEGIC PLAN: The recommendation correlates to the City's strategic plan by implementing Goal C, item number three to develop and communicate a comprehensive set of financial policies and their purpose to strengthen financial practices. DISCUSSION: The proposed Code amendment would make the following changes to subsection (e) of Section 1611 — Finance Department (deletions shown in strikethro g-14 additions shown in underline): FIRST READING OF ORDINANCE NO. 1490 AMENDING SUBSECTION (E) OF SECTION 1611 OF THE TUSTIN CITY CODE December 19, 2017 1611 — FINANCE DEPARTMENT e Checks and Warrants Page 2 of 2 (1) No check, order or warrant upon the City Treasury shall be drawn except upon and in accordance with the terms and provisions of an ordinance, resolution or minute order of the City Council, the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency (the "Agency"), or the Tustin Public Finance Authority (the "Authority"), and unless there are sufficient unencumbered funds in the fund upon which it is drawn. (2) All checks, orders and warrants upon the City Treasury for payment of any money drawn in the name of the City, the Agency, or the Authority, on its respective account, shall bear the Mani sally- affiverd or fancimile electronic signature of any two (2) of: the City Manager, City Clerk, Chief Deputy Cit„ Clerk Finance Director, City Treasurer, and other person or persons designated by resolution or minute order of the City Council, the Agency, or the Authority. Provided however that all rheGks until ��rarrantc for any SUM in exGeSS of throe thousand m-crc-a a..� � � u i � �.� for i u � � y .� a r a�laars ($3,000.00) shall have at lead one m� --wally affixed signature anda _n�� a �i gennhan`J issuedheck shall m -(2) affixed ^innat„res. The designated depository shall be entitled to honor and to charge the City, Agency, or Authority, as applicable, for all such checks, drafts or other orders for the payment of money. Joh A. Buchanan Ing Finance Director Attachment: Proposed Ordinance No. 1490 l 1 d4nny Leisz `Deputy Director - Financial Services ORDINANCE NO. 1490 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING AND RESTATING SUBSECTION (E) OF SECTION 1611 OF PART 1 OF CHAPTER 6 OF ARTICLE 1 OF THE TUSTIN CITY CODE RELATING TO CHECKS AND WARRANTS. The City Council of the City of Tustin does hereby ordain as follows: SECTION I. Subsection (e) (Checks and Warrants) of Section 1611 (Finance Department) of Part 1 (General) of Chapter 6 (Finance) of Article 1 (Administration) of the Tustin City Code is hereby amended and restated in its entirety to read as follows: 1611 — FINANCE DEPARTMENT e Checks and Warrants (1) No check, order or warrant upon the City Treasury shall be drawn except upon and in accordance with the terms and provisions of an ordinance, resolution or minute order of the City Council, the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency (the "Agency"), or the Tustin Public Finance Authority (the "Authority"), and unless there are sufficient unencumbered funds in the fund upon which it is drawn. (2) All checks, orders and warrants upon the City Treasury for payment of any money drawn in the name of the City, the Agency, or the Authority, on its respective account, shall bear the electronic signature of any two (2) of: the City Manager, City Clerk, Finance Director, City Treasurer, and other person or persons designated by resolution or minute order of the City Council, the Agency, or the Authority. The designated depository shall be entitled to honor and to charge the City, Agency, or Authority, as applicable, for all such checks, drafts or other orders for the payment of money. SECTION II. Effective Date. This Ordinance shall take effect on the 31St day after its adoption. The City Clerk or his or her duly appointed deputy shall certify to adoption of the Ordinance and cause this Ordinance to be published as required by law. SECTION 111. CEQA Exemption. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA"; Cal. Pub. Resources Code Section 21000 et seq.) pursuant to Section 15061(b)(3) of the State CEQA Guidelines (Cal. Code of Regs., Title 14, Section 15000 et seq.) because it can be seen with certainty Ordinance No. 1490 Page 2 that there is no possibility that the activity in question may have a significant effect on the environment. SECTION IV. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this Ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 19th day of December, 2017. ELWYN A. MURRAY, MAYOR ATTEST: ERICA N. RABE, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1490 Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1490 was duly passed, and adopted at a regular meeting of the Tustin City Council held on the 19th day of December, 2017, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Erica N. Rabe, City Clerk Published: