Torrance Municipal Code Art. 1 Presenting, Auditing and Payment

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.

a) Scope. The duty to exhaust administrative remedies imposed by this section extends to:

(1) any fee or charge subject to Article XIII C or XIII D of the California Constitution,

(2) any assessment on real property levied by the City, and

(3) the methodology used to develop and levy such a fee, charge, or assessment.

b) “Hearing” as used in this section means the hearing referenced in paragraph 4 of subsection d of this section.

c) Duty to Exhaust Issues. No person may bring a judicial action or proceeding alleging noncompliance with the California Constitution or other applicable law for any new, increased, or extended fee, charge, or assessment levied by the City, unless that person submitted to the City Clerk a timely, written objection to that fee, charge, or assessment specifying the grounds for alleging noncompliance. The issues raised in any such action or proceeding shall be limited to those raised in such an objection unless a court finds the issue could not have been raised in such an objection by those exercising reasonable diligence.

d) Procedures. The City shall:

(1) Make available to the public any proposed fee, charge, or assessment to which this section is to apply no less than 45 days before the deadline for a ratepayer or assessed property owner to submit an objection pursuant to paragraph 4 of this subsection d.

(2) Post on its internet website a written basis for the fee, charge, or assessment, such as a cost of service analysis or an engineer’s report, and include a link to the internet website in the written notice of the Hearing, including, but not limited to, a notice pursuant to subdivision (c) of Section 4 or paragraph (1) of subdivision (a) of Section 6 of Article XIII D of the California Constitution.

(3) Mail the written basis described in paragraph 2 of this subsection d to a ratepayer or property owner on request.

(4) Provide at least 45 days for a ratepayer or assessed property owner to review the proposed fee or assessment and to timely submit to the City Clerk a written objection to that fee, charge, or assessment that specifies the grounds for alleging noncompliance. Any objection shall be submitted before the end of the public comment portion of a Hearing on the rate, charge or assessment.

(5) Include in a written notice of the Hearing, a statement in bold-faced type of 12 points or larger that:

(A) All written objections must be submitted to the City Clerk by the end of public comment period at the Hearing and that a failure to timely object in writing bars any right to challenge that fee, charge, or assessment in court and that any such action will be limited to issues identified in such objections.

(B) All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or assessment such as those specified for a property-related fee under California Constitution, Article XIII D, section 6(a) or for an assessment on real property under California Constitution, Article XIII D, section 4(e).

e) Council Consideration; City Responses. Before or during the Hearing, the City Council shall consider, and the City shall respond in writing to, any timely written objections. The City Council may adjourn the Hearing to another date if necessary to respond to comments received after the agenda is posted for the meeting at which the Hearing occurs. The City’s responses shall explain the substantive basis for retaining or altering the proposed fee, charge, or assessment in response to written objections, including any reasons to reject requested amendments.

f) City Council Determinations. The City Council, in exercising its legislative discretion, shall determine whether:

(1) The written objections and the City’s response warrant clarifications to the proposed fee, charge, or assessment.

(2) To reduce the proposed fee, charge or assessment.

(3) To further review the proposed fee, charge, or assessment before determining whether clarification or reduction is needed.

(4) To proceed with the Hearing, to continue it, or to abandon the proposal.

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.

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.

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.

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.

The Finance Director may designate one or more assistants to perform any of the duties delegated to the Director pursuant to this Article.