To: Board of Supervisors
From: Russell Watts, Treasurer-Tax Collector
Report Title: AUTHORIZE TREASURER-TAX COLLECTOR TO WORK WITH KENSINGTON POLICE PROTECTION AND COMMUNITY SERVICES DISTRICT FOR WITHDRAWAL OF DISTRICT’S MONIES
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
AUTHORIZE the Treasurer-Tax Collector, on behalf of the County, to work with Kensington Police Protection and Community Services District (KPPCSD) to determine a mutually acceptable date for withdrawal of KPPCSD’s monies from the County treasury but no later than 15 months from the date of KPPCSD adopted Resolution 2023-03 (Revision #3).
FISCAL IMPACT:
None.
BACKGROUND:
KPPCSD is a community services district organized and operating pursuant to California Government Code Section 61000 et seq.
Government Code Section 61052(a) specifies that the county treasurer of the principal county of the community services district shall be the treasurer and the depository of all the district funds. Pursuant to this provision, the Contra Costa County Treasurer is currently the treasurer for KPPCSD.
Government Code Section 61053 allows a board of directors of a community services district to appoint a district treasurer who shall serve in the place of the county treasurer. The said section also requires the board of directors of a community service district to adopt a resolution that 1) states its intention to withdraw its money from the county treasury; 2) fixes the amount of the bond for the district treasurer and other district employees who will be responsible for handling the district’s finance; 3) adopts a system of accounting and auditing that adheres to generally accepted accounting principles (“GAAP’); 4) adopts a procedure of drawing and signing checks, provided the procedure adheres to GAAP; 5) designates a bank, a savings and loan association, or a credit union as the depository of the district.
The Board of Directors for KPPCSD adopted Resolution 2023-03 (Revision #3) attached hereto, pursuant to California Government Code Section 61053. The Resolution states the intention of KPPCSD’s Board of Directors to withdraw its money from the County treasury and appoints KPPCSD’s General Manager as its Treasurer who will serve in the place of the County Treasurer. The Board of Directors designated Five Star Bank as the depository of the KPPCSD’s money. The KPPCSD’s Treasurer and financial employees shall be covered by the district’s insurance policy. KPPCSD’s management has developed a system of internal control, policies, and procedures regarding the district’s accounting, the drawing of check, and timing of payments, etc.
Government Code Section 61053(d) provides that the board of directors of a community services district and the board of supervisors “shall determine a mutually acceptable date for the withdrawal of the district’s money from the county treasury, not to exceed 15 months from the date on which the board of directors adopts its resolution.” KPPSD’s board of directors adopted the operative resolution on September 14, 2023.
CONSEQUENCE OF NEGATIVE ACTION:
KPPCSD’s Board Resolution will not be able to be implemented.