Agenda — Stanton City Council, April 12, 2022

TO THE MEMBERS OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY FOR THE CITY OF STANTON AND TO THE CITY CLERK / SECRETARY:

NOTICE IS HEREBY GIVEN that a Special Meeting (Study Session & Closed Session) of the City Council / Successor Agency / Housing Authority for the City of Stanton is hereby called by the Mayor / Chairman, to be held on April 12, 2022, commencing at 4:00 p.m. at 7800 Katella Avenue, Stanton, CA 90680.

The Agenda for the Special Meeting (Study Session & Closed Session) is attached to this Notice and Call.

Dated: April 7, 2022
s/ Patricia A. Vazquez, City Clerk / Secretary
SAFETY ALERT – NOTICE REGARDING COVID-19

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE OFFICE OF THE CITY CLERK AT (714) 890-4245. NOTIFICATION BY 48 HOURS PRIOR

TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING.

The health and well-being of our residents is the top priority for the City of Stanton, and you are urged to take all appropriate health safety precautions given the health risks associated with COVID-19. The City Council meeting will be held in person in the City Council Chambers located at 7800 Katella Avenue, California 90680.

ANY MEMBER OF THE PUBLIC WISHING TO PROVIDE PUBLIC COMMENT FOR ANY ITEM ON THE AGENDA MAY DO SO AS FOLLOWS:
• Attend in person and complete and submit a request to speak card to the City Clerk. • E-Mail your comments to [email protected] with the subject line “PUBLIC COMMENT ITEM #” (insert the item number relevant to your comment). Comments received no later than 3:30 p.m. before the scheduled meeting will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read e-mailed comments at the meeting. However, the official record will include all e-mailed comments received until the close of the meeting.

Should you have any questions related to participation in the City Council Meeting, please contact the City Clerk’s Office at (714) 890-4245.

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AGENDA

CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY

SPECIAL STUDY SESSION AND JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
TUESDAY, APRIL 12, 2022
SPECIAL STUDY SESSION - 4:00 P.M.

CLOSED SESSION - 5:00 P.M.

JOINT REGULAR SESSION - 6:30 P.M.

SAFETY ALERT – NOTICE REGARDING COVID-19
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (714) 890-4245.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

Should you have any questions related to participation in the City Council Meeting, please contact the City Clerk’s Office at (714) 890-4245.

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The City Council agenda and supporting documentation is made available for public review and inspection during normal business hours in the Office of the City Clerk, 7800 Katella Avenue, Stanton California 90680 immediately following distribution of the agenda packet to a majority of the City Council. Packet delivery typically takes place on Thursday afternoons prior to the regularly scheduled meeting on Tuesday. The agenda packet is also available for review and inspection on the city’s website at www.ci.stanton.ca.us.

1. CALL TO ORDER STANTON CITY COUNCIL SPECIAL - STUDY SESSION / CLOSED SESSION (4:00 PM)

2. ROLL CALL Council Member Taylor
Council Member Van
Council Member Warren
Mayor Pro Tem Ramirez
Mayor Shawver

SPECIAL ORDERS OF THE DAY

3. STUDY SESSION - NEW BUSINESS
3A. HOMELESSNESS WITHIN THE CITY OF STANTON AND THE RESOURCES BEING

OFFERED BY THE CITY
Update and discussion regarding steps taken to address homelessness within the City of Stanton and the resources being offered by the City.

RECOMMENDED ACTION:

1. City Council find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Receive and file the report.

4. PUBLIC COMMENT ON CLOSED SESSION ITEMS (5:00 PM)
Closed Session may convene to consider matters of purchase / sale of real property (G.C. §54956.8), pending litigation (G.C. §54956.9(a)), potential litigation (G.C. §54956.9(b)) or personnel items (G.C. §54957.6). Records not available for public inspection.

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5. CLOSED SESSION
5A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 10692 Beach Boulevard, CA (APN 126-434-12)
Negotiating Parties: Jarad L. Hildenbrand, City Manager, City of Stanton Hyuncho Park, Owner
Under Negotiation: Instruction to negotiator will concern price and terms of payment. 5B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code Section 54957.6)
Title: Chief of Police

6. ADJOURNMENT OF STANTON CITY COUNCIL SPECIAL - STUDY SESSION /

CLOSED SESSION

7. CALL TO ORDER REGULAR CITY COUNCIL / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY MEETING (6:00 PM)

8. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Closed Session may convene to consider matters of purchase / sale of real property (G.C. §54956.8), pending litigation (G.C. §54956.9(a)), potential litigation (G.C. §54956.9(b)) or personnel items (G.C. §54957.6). Records not available for public inspection.

9. CLOSED SESSION
9A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 10692 Beach Boulevard, CA (APN 126-434-12)
Negotiating Parties: Jarad L. Hildenbrand, City Manager, City of Stanton Hyuncho Park, Owner
Under Negotiation: Instruction to negotiator will concern price and terms of payment.

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9B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code Section 54957.6)
Title: Chief of Police

10. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY JOINT REGULAR MEETING (6:30 PM)

11. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Van
Council / Agency / Authority Member Warren
Mayor Pro Tem / Vice Chairman Ramirez
Mayor / Chairman Shawver

12. PLEDGE OF ALLEGIANCE

13. SPECIAL PRESENTATIONS AND AWARDS
Presentation of Proclamation declaring the month of April, 2022 as DMV / Donate Life Month in the City of Stanton.

14. CONSENT CALENDAR
All items on the Consent Calendar may be acted on simultaneously, unless a Council/Board Member requests separate discussion and/or action.

CONSENT CALENDAR
14A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE

PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING WAIVED
RECOMMENDED ACTION:

City Council/Agency Board/Authority Board waive reading of Ordinances and Resolutions.

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14B. APPROVAL OF WARRANTS
City Council approve demand warrants dated March 11, 2022 – March 24, 2022, in the amount of $1,437,392.40.
14C. FEBRUARY 2022 INVESTMENT REPORT
The Investment Report as of February 28, 2022, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

RECOMMENDED ACTION:

2. Receive and file the Investment Report for the month of February 2022. 14D. FEBRUARY 2022 INVESTMENT REPORT (SUCCESSOR AGENCY) The Investment Report as of February 28, 2022, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

RECOMMENDED ACTION:

1. Successor Agency find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Receive and file the Investment Report for the month of February 2022.

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14E. FEBRUARY 2022 GENERAL FUND REVENUE AND EXPENDITURE REPORT; HOUSING AUTHORITY REVENUE AND EXPENDITURE REPORT; AND STATUS OF

CAPITAL IMPROVEMENT PROGRAM
The Revenue and Expenditure Report for the month ended February 28, 2022, has been provided to the City Manager in accordance with Stanton Municipal Code Section

2.20.080 (D) and is being provided to City Council. This report includes information for both the City’s General Fund and the Housing Authority Fund. In addition, staff has provided a status of the City’s Capital Improvement Projects (CIP) as of February 28, 2022.

RECOMMENDED ACTION:

2. Receive and file the General Fund and Housing Authority Fund’s February 2022 Revenue and Expenditure Report and Status of Capital Improvement Projects for the month ended February 28, 2022.
14F. FISCAL YEAR 2020-21 SINGLE AUDIT REPORT
On March 8, 2022, the City Council received a number of reports issued by the City’s auditors for the Fiscal Year 2020-21 audit. There was one report that was outstanding.

The final audit report for the Fiscal Year 2020-21 audit has been issued and is included as Attachment A.

RECOMMENDED ACTION:

2. Receive and file the Annual Comprehensive Financial Report (ACFR), and related audit reports.

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14G. RESOLUTION INITIATING PROCEEDINGS AND ORDERING THE ENGINEER TO

PREPARE AND TO FILE A REPORT FOR THE STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1 AND TO APPROVE A PROFESSIONAL SERVICES

AGREEMENT WITH HARRIS & ASSOCIATES FOR ANNUAL ADMINISTRATION SERVICES FOR STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1,

PROTECTIVE SERVICES TAX ROLL, AND SEWER USER FEE
As part of the annual update to the Lighting and Landscape District No. 1, certain procedural resolutions must be adopted by the City Council. The proposed resolution orders the Engineer’s report for the Fiscal Year 2022-23 update.

In addition, staff is seeking City Council approval of a professional services agreement with Harris & Associates to perform the annual administration services for Stanton Lighting and Landscaping District No. 1, which includes the preparation of the Engineer’s Report. In addition, the agreement includes the annual administration for the protective services tax roll and sewer user fee. The scope of work is for the next two fiscal years (Fiscal Years 2022/23 and 2023/24). Staff intends to issue a request for proposals (RFP) for a new five-year cycle of tax administration and sewer user fee services once the City’s Sewer Master Plan update project is complete. (A new sewer user fee study will need to be performed after this project is completed.) RECOMMENDED ACTION:

1. City Council find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Section 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Adopt Resolution No. 2022-18 initiating proceedings and ordering the Engineer’s report for the Fiscal Year 2022-23 update, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL

ASSESSMENTS FOR THE STANTON LIGHTING AND LANDSCAPING
DISTRICT NO. 1 FOR THE FISCAL YEAR BEGINNING JULY 1, 2022, AND ENDING JUNE 30, 2023; AND ORDERING THE ENGINEER TO
PREPARE AND FILE A REPORT IN ACCORDANCE THEREWITH”; and

3. Waive competitive bidding process required by the City’s purchasing policy; and

4. Authorize the City Manager to execute a Professional Services Agreement with Harris & Associates for the annual administration of Stanton Lighting and Landscaping District No. 1, protective services tax roll, and sewer user fee for Fiscal Years 2022-23 and 2023-24.

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14H. LANDSCAPE MAINTENANCE AGREEMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS ADJACENT TO 11752 BEACH

BOULEVARD
The development of the property at 11752 Beach Boulevard will include landscaping in a future parkway area along Beach Boulevard. The California Department of Transportation (Caltrans) owns the right of way where the landscaping will be placed and the parkway area will be created. They are requiring the City enter into an agreement to maintain this landscaping in the event it is not properly maintained by the adjacent property owner (“Caltrans Landscape Maintenance Agreement”).

RECOMMENDED ACTION:

1. City Council declare that the project is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(h) as maintenance of existing landscaping; and

2. Approve the Caltrans Landscape Maintenance Agreement, subject to revisions deemed necessary by the City Attorney and the Public Works Director, to maintain the landscape improvements in the public right-of-way on Beach Boulevard; and

3. Authorize the Mayor and the City Manager to bind the City of Stanton and Caltrans in said agreement; and

4. Authorize the City Manager to bind the City of Stanton and the developer in a companion City Landscape Maintenance Agreement, subject to revisions deemed necessary by the City Attorney and the Public Works Director, to transfer landscape maintenance responsibility from the City to the adjoining property owner. 14I. RENEWAL OF AUTHORIZATION FOR VIRTUAL PUBLIC MEETINGS PURSUANT TO AB 361
Consideration of the circumstances of the state of emergency related to the COVID-19 pandemic to determine whether remote teleconference meetings of the City Council, Committees, and Commissions can continue to be held under the provisions of AB 361.

RECOMMENDED ACTION:

1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and

2. Reconsider the circumstances of the state of emergency; and

3. Find that state or local officials have continued to impose or recommend measures to promote social distancing; and
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4. Direct staff, no later than 30 days after the City Council approves the recommended action, to report back on the state-proclaimed state of emergency so that City Council may reconsider the circumstances of the emergency, and, if appropriate, make findings to continue to hold virtual meetings of City legislative bodies pursuant to AB 361.

END OF CONSENT CALENDAR

15. PUBLIC HEARINGS None.

16. UNFINISHED BUSINESS None.

17. NEW BUSINESS
17A. APPROVAL TO LEASE AN ADDITIONAL 2 AUTOMATIC LICENSE PLATE

RECOGNITION CAMERAS FROM FLOCK SAFETY
On March 8, 2022, as part of the mid-year budget adjustment, the City Council appropriated budget for the leasing of an additional 2 automatic license plate reading cameras from Flock Safety. These cameras are intended for installation on Village Center Drive where none exist today.

RECOMMENDED ACTION:

1. City Council declare this action is not a project per CEQA; and

2. Authorize the City Manager to amend the contract with Flock Safety to lease an additional 2 automatic license plate reading cameras.

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17B. APPROVAL TO SHARE FLOCK CAMERA INFORMATION WITH OTHER LAW

ENFORCEMENT AGENCIES
The Orange County Sheriff’s Department has received requests from other law enforcement agencies to share access to the Flock license plate reading camera system to aid in their investigations. Upon review by County Counsel and the City Attorney, an agreement needs to be executed between the City and each law enforcement agency that requests access. The template agreement is attached for review and approval by City Council.

RECOMMENDED ACTION:

1. City Council declare this action is not a project per CEQA; and

2. Approve the template Inter-Agency Flock Information Sharing Agreement, and authorize the City Attorney to make any further edits necessary; and

3. Authorize the City Manager, subject to his final review, to execute the Inter-Agency Flock Information Sharing Agreement with any law enforcement agency that requests access to the Flock license plate reading camera system.

18. ORAL COMMUNICATIONS - PUBLIC
At this time members of the public may address the City Council/Successor Agency/Stanton Housing Authority regarding any items within the subject matter jurisdiction of the City Council/Successor Agency/Stanton Housing Authority, provided that NO action may be taken on non-agenda items.
• Members of the public wishing to address the Council/Agency/Authority during Oral Communications-Public or on a particular item are requested to fill out a REQUEST TO SPEAK form and submit it to the City Clerk. Request to speak forms must be turned in prior to Oral Communications-Public.
• When the Mayor/Chairman calls you to the microphone, please state your Name, slowly and clearly, for the record. A speaker’s comments shall be limited to a three (3) minute aggregate time period on Oral Communications and Agenda Items.

Speakers are then to return to their seats and no further comments will be permitted. • Remarks from those seated or standing in the back of chambers will not be permitted. All those wishing to speak including Council/Agency/Authority and Staff need to be recognized by the Mayor/Chairman before speaking.

19. WRITTEN COMMUNICATIONS None.

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20. MAYOR/CHAIRMAN COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 20A. COMMITTEE REPORTS/ COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS At this time Council/Agency/Authority Members may report on items not specifically described on the agenda which are of interest to the community provided no discussion or action may be taken except to provide staff direction to report back or to place the item on a future agenda.
20B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE MEETING At this time Council/Agency/Authority Members may place an item on a future agenda. 20C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
At this time Council/Agency/Authority Members may place an item on a future study session agenda.

21. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL

22. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
22A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.

23. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted at the Post Office, Stanton Community Services Center and City Hall, not less than 72 hours prior to the meeting. Dated this 7th day of April, 2022. s/ Patricia A. Vazquez, City Clerk/Secretary
..r::-.,;;c·

CITY OF STANTON

PROCLAMATION

OMV/DONATE LIFE MONTH
APRIL 2022
WHEREAS, organ, eye, tissue, marrow and blood donation are life-giving acts recognized worldwide as expressions of compassion to those in need; and WHEREAS, more than 106,000 individuals nationwide and more than 20,000 in California are currently on the national organ transplant waiting list, and on average, 17 people die each day while waiting; and
WHEREAS, the need for donated organs is especially urgent in Hispanic, Latino, and African American communities; and
WHEREAS, a single individual's donation of the heart, lungs, liver, kidneys, pancreas and small intestine can save up to eight lives; and
WHEREAS, donation of tissue can save and heal the lives of more than 75 others; and WHEREAS, organ donors saved more than 40,000 lives last year, the most ever; and WHEREAS, any person can register to be an organ, eye and tissue donor regardless of age or medical conditions; and
WHEREAS, being a registered donor does not impact the quality of life-saving medical care a person receives in an emergency; and
WHEREAS, California residents can sign up to be an organ, eye and tissue donor when applying for or renewing their driver's licenses or ID cards at the California Department of Motor Vehicles; and WHEREAS, California residents can sign up with the Donate Life California Donor Registry online at any time by visiting www.donateLIFEcalifornia.org or, for Spanish-speakers, www.doneVIDAcalifornia.org: and
WHEREAS, California residents interested in saving a life through living kidney donation may www.LivingDonationCalifornia.org.

OW, THEREFORE, BE IT RESOLVED, that I, David J. Shawver, Mayor of the City of �t�n, cognition of National Donate Life Month do hereby proclaim the month of April �� ;;.,.

DMV/D...QNATE LIFE MONTH throughout the City of Stanton, and in doing so we e · urage II C ---
U.fornians to check "YES!" online, or when applying for or renewing their driver's lie OMV, or by signing up at www.donateLIFEcaliforni
/

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HANO

AND CAUSED TO BE AFFIXED THE SEAL OF THE CITY OF
STANTON THIS 72TH DAY OF APRIL, 2022.

Item: 13
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March 11, 2022 - March 24, 2022
Electronic Transaction Nos.

Check Nos.

Demands listed on the attached registers
conform to the City of Stanton Annnal
Bndget as approved by the City Council.

CITY OF STANTON

ACCOUNTS PAYABLE REGISTER
1805-1823
134920-134967
TOTAL
$
$
1,154,494.17
282,898.23
1,437,392.40 I
Demands listed on the attached
registers are accurate and funds
��
are available for payment thereof.

Finance Director
Item: 14B
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1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: April 12, 2022
SUBJECT: FEBRUARY 2022 INVESTMENT REPORT
REPORT IN BRIEF:

The Investment Report as of February 28, 2022, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

RECOMMENDED ACTIONS:

2. Receive and file the Investment Report for the month of February 2022.

BACKGROUND:

Changes in the City’s cash and investment balances for the month of February are summarized below:

Between January 31, 2022, and February 28, 2022, the City’s total cash and investments decreased by approximately $2.7 million. During the month of February, the City received approximately $1.5 million in property tax, sales tax, and transaction and use tax revenue.

In addition, the City made $3.1 million in payments on behalf of the North Orange County Collaborative and $1.0 million to the County of Orange for monthly law enforcement contract costs.

The attached reports summarize the City investments and deposit balances as of February 28, 2022. The City’s cash and investment balances by fund type are presented in Attachment A. A summary of the City’s investment portfolio is included as Attachment Beginning Balance Net Change Ending Balance
Cash and Investment Accounts (Pooled-All Funds) $ 61,419,692.89 $ (2,654,347.99) $ 58,765,344.90 Cash (Non-Pooled) 4,538,367.85 (71,987.49) 4,466,380.36 Total Cash and Investments $ 65,958,060.74 $ (2,726,335.48) $ 63,231,725.26 Item: 14C
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2 B. The detail of the City’s investments by type are shown in Attachment C.

ANALYSIS:

The monthly cash and investment report provides a summary of the cash and investment accounts held by the City as of the end of that month. In order to manage its cash and investments, the City combines cash resources from all funds into a single pool consisting of a variety of accounts and securities. The balance in the pooled cash account includes cash and certain liquid investments that are available to meet the City’s current cash needs. Cash in excess of the City’s current cash needs is invested in interest-bearing investments with various maturities.

Detailed information regarding the securities contained in the City’s investment portfolio is provided in Attachments B and C. As of February 28, 2022, City investments consisted of the following:

As of February 28, 2022, the average purchase yield to maturity earned on the City’s total investment portfolio was 0.62%, which is above the benchmark LAIF return of 0.28%. The weighted average maturity of the City’s was approximately 78 days (approximately 2 ½ months) as of February 28, 2022, which is in compliance with the City’s investment policy restriction of 3.5 years.

FISCAL IMPACT:

All deposits and investments have been made in accordance with the City's Fiscal Year 2021-22 Investment Policy. The portfolio will allow the City to meet its expenditure requirements for the next six months. Staff remains confident that the investment portfolio is currently positioned to remain secure and sufficiently liquid.

The City Treasurer controls a $55.3 million portfolio, with $9.4 million in investments held in a safekeeping account with Bank of the West.

ENVIRONMENTAL IMPACT :

None.

Market Value as of
February 28, 2022
Average
Interest
Rate
Percentage of
Portfolio
Invested by
Type
Maximum
Percentage of
Portfolio
Permitted by
Investment
Policy In Compliance?
Local Agency Investment Fund (LAIF) $ 40,643,783.41 0.28% 73.47% 100.00% Yes California Asset Management Program (CAMP) 5,252,739.36 0.06% 9.49% 100.00% Yes Negotiable Certificates of Deposit 7,694,344.84 2.46% 13.91% 30.00% Yes Municipal Bonds 1,731,482.55 2.25% 3.13% 100.00% Yes
Total Investments $ 55,322,350.16 100.00%
3 LEGAL REVIEW:

None.

PUBLIC NOTIFICATION :

Through the normal agenda posting process.

STRATEGIC PLAN OBJECTIVE ADDRESSED

4. Ensure Fiscal Stability and Efficiency in Governance Prepared by: Approved by:
/s/ Michelle Bannigan /s/ Jarad L. Hildenbrand
________________________________ __________________________ Michelle Bannigan, CPA Jarad L. Hildenbrand
Finance Director City Manager
Attachments:

A. Cash and Investment Balances by Fund
B. Investments Portfolio Summary
C. Investment Portfolio Detail
Fund/ Account
No. Fund/Account Name Beginning Balance Increases Decreases Ending Balance 101-various General Fund $ 21,305,792.25 $ 1,639,400.60 $ (1,625,598.05) $ 21,319,594.80 102-111101 General Fund (Transactions & Use Tax) (104,040.04) 593,362.25 (313,504.80) 175,817.41210-111101 Certified Access Specialists (CASP) Program 49,240.33 - - 49,240.33 211-111101 Gas Tax Fund 1,126,660.82 69,282.390 (19,945.03) 1,175,998.18 215-111101 Road Maintenance and Rehabilitation act (RMRA) Fund 61,346.29 750,288.58 - 811,634.87 220-111101 Measure M Fund 896,110.29 - (2,219.82) 893,890.47 221-111101 Community Development Block Grant-COVID-19 (CDBG-CV) Fund (47,400.00) - - (47,400.00)222-111101 Community Development Block Grant (CDBG) Fund 210,849.35 - - 210,849.35 224-111101 Lighting Maintenance 1919 Act Fund 453,635.09 292.68 (14,939.38) 438,988.39 225-111101 Lighting/Median Maintenance 1972 Act Fund 1,155,228.43 - (40,340.97) 1,114,887.46226-111101 Air Quality Improvement Fund 169,919.20 - - 169,919.20 242-111101 Supplemental Law Enforcement Grant Fund (current) 426,481.65 - (12,500.00) 413,981.65 250-111101 Families and Communities Together (FaCT) Grant Fund 51,768.43 (31,797.55) (24,852.15) (4,881.27) 251-111101 Senior Transportation Fund 57,523.30 1,341.99 (3,664.62) 55,200.67 257-111101 America Rescue Act Plan (ARPA) Fund 3,727,699.98 - (89,308.43) 3,638,391.55 261-111101 Street Impact Fees Fund 87,872.73 2,388.00 - 90,260.73 262-111101 Traffic Signal Impact Fees Fund 51,019.71 534.00 - 51,553.71 263-111101 Community Center Impact Fees Fund 160,086.68 1,770.00 - 161,856.68264-111101 Police Services Impact Fees Fund 144,625.51 1,602.00 - 146,227.51 271-111101 Public Safety Task Force Fund (City Funds) - 251,181.00 (118,181.00) 133,000.00280-111101 Stanton Central Park Maintenance Fund 23,656.33 3,428.34 (10,054.00) 17,030.67 285-various Stanton Housing Authority Fund 12,319,976.21 76,422.87 (78,404.17) 12,317,994.91 305-111101 Capital Projects Fund 278,929.05 2,219.82 (2,219.82) 278,929.05 310-111101 Park and Recreation Facilities Fund 3,659,176.90 67,038.00 3,726,214.90 - 501-111101 Sewer Maintenance Fund 5,722,186.91 27,847.05 (102,753.92) 5,647,280.04 502-111101 Sewer Capital Improvement Fund 6,745.26 1,403.70 - 8,148.96 602-111101 Workers' Compensation Fund 562,046.12 6,291.04 - 568,337.16 603-111101 Liability Risk Management Fund 126,358.05 - - 126,358.05604-111101 Employee Benefits Fund 149,131.13 122,913.87 (131,069.70) 140,975.30 605-111101 Fleet Maintenance Fund 407,220.76 9,663.53 (3,958.71) 412,925.58 801-111101 Expendable Deposits Fund (40,506.85) 2,000.00 - (38,506.85) 901-111101 North Orange County Collaborative (NOC) Trust Fund 7,614,976.71 - (3,054,331.27) 4,560,645.44 Total Pooled Cash and Investments(1) $ 2,993,497.85 61,419,692.89 $ $ (5,647,845.84) $ 58,765,344.90 Less: Investments(1) $ (55,452,902.54) $ (248.62) $ 130,801.00 $ (55,322,350.16) Cash - Bank of the West General Checking Account $ 5,966,790.35 $ 2,993,249.23 $ (5,517,044.84) $ 3,442,994.74

CITY OF STANTON

CASH AND INVESTMENTS REPORT
MONTH ENDED FEBRUARY 28, 2022

ATTACHMENT A

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Attachment: A
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Fund/ Account
No. Fund/Account Name Beginning Balance Increases Decreases Ending Balance

CITY OF STANTON

CASH AND INVESTMENTS REPORT
MONTH ENDED FEBRUARY 28, 2022

CASH-NON-POOLED
101-111103 Payroll Account $ - $ 243,795.55 $ (243,795.55) $ -101-111109 Flexible Spending/AFLAC 18,027.64 - (107.42) 17,920.22 101-111505 Petty Cash 600.00 - - 600.00
604-111404 Cash with Fiscal Agent (PARS) (2) - 4,519,740.21 (71,880.07) 4,447,860.14 Total Cash-Non-Pooled $ 4,538,367.85 $ 243,795.55 $ (315,783.04) $ 4,466,380.36

INVESTMENTS
POOLED ALL FUNDS $ 55,452,902.54 $ 248.62 $ (130,801.00) $ 55,322,350.16 Total Investments (3) $ 248.62 55,452,902.54 $ $ (130,801.00) $ 55,322,350.16 TOTAL CASH AND INVESTMENTS $ 65,958,060.74 $ 3,237,293.40 $ (5,963,628.88) $ 63,231,725.26 Notes:
(3) - The Portfolio Summary Report and Holdings by Security Type are included in Attachments B and C, respectively.(1) - Pooled cash includes: City's Bank of the West general checking and safekeeping accounts, the City's Local Agency Investment Fund (LAIF) account, the Housing Authority's LAIF account, the California Asset Management Program (CAMP) account, and the Public Agency Retirement Services (PARS) account. (2) - The Public Agency Retirement Services (PARS) account is an irrevocable trust that can be used for pension and other post employment benefits only. This fund is excluded from the compliance requirements set forth in the City's investment policy.

ATTACHMENT A

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City of Stanton
Distribution
Group By: Portfolio Name
Average By: Face Amount/Shares
Portfolio / Report Group: All Portfolios
As of: 2/28/2022
Bank of the West | Fixed Assets 9,303,000.00 2.420 9,319,816.20 463 16.77 9,425,827.39 9,307,715.60 1.24 CAMP 5,252,739.36 0.060 5,252,739.36 1 9.47 5,252,739.36 5,252,739.36 0.00 LAIF | City 27,730,137.82 0.278 27,730,137.82 1 49.98 27,540,038.20 27,730,137.82 0.00 LAIF | Housing Authority 13,194,195.96 0.278 13,194,195.96 1 23.78 13,103,745.21 13,194,195.96 0.00 TOTAL / AVERAGE 55,480,073.14 0.616 55,496,889.34 78 100 55,322,350.16 55,484,788.74 0.21 Portfolio Name Face Amount/Shares YTM @ Cost Cost Value Days To Maturity % of Portfolio Market Value Book Value Duration To Maturity

ATTACHMENT B
Attachment: B
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City of Stanton
Portfolio Holdings
Investment Portfolio | by Security Sector
Report Format: By Transaction
Group By: Security Sector
Average By: Face Amount / Shares
Portfolio / Report Group: All Portfolios
As of 2/28/2022
Description CUSIP/Ticker
Settlement
Date
YTM @
Cost
Face
Amount/Shares Cost Value Book Value Market Value
Maturity
Date
Days To
Maturity
Accrued
Interest
% of
Portfolio
Certificate Of Deposit
Allegiance Bank TX 2.65 2/14/2023 01748DBB1 4/11/2019 2.650 249,000.00 249,000.00 249,000.00 253,198.14 2/14/2023 351 253.09 0.45 American Eagle Bank IL 2.1 5/23/2022 02554BCN9 6/9/2017 2.100 150,000.00 150,000.00 150,000.00 150,649.50 5/23/2022 84 43.15 0.27 American Express UT 2.35 8/8/2022 02587DV47 8/8/2017 2.350 247,000.00 247,000.00 247,000.00 249,146.43 8/8/2022 161 318.05 0.45 American Express UT 2.4 8/29/2022 02587CFU9 8/29/2017 2.400 247,000.00 247,000.00 247,000.00 249,425.54 8/29/2022 182 2,923.40 0.45 Bank Hapoalim NY 2.9 3/25/2024 06251AW48 4/24/2019 2.900 250,000.00 250,000.00 250,000.00 256,755.00 3/25/2024 756 3,098.63 0.45 Bank of New England NH 2.65
5/23/2024 06426KBE7 5/23/2019 2.650 249,000.00 249,000.00 249,000.00 254,679.69 5/23/2024 815 90.39 0.45 Capital One Bank VA 2.35 3/15/2022 140420Z52 3/15/2017 2.350 248,000.00 248,000.00 248,000.00 248,223.20 3/15/2022 15 2,650.54 0.45 Capital One VA 2.3 7/19/2022 14042RGN5 7/19/2017 2.300 247,000.00 247,000.00 247,000.00 248,879.67 7/19/2022 141 622.58 0.45 Cornerstone Community Bank CA 2.6
5/17/2024 219240BY3 5/17/2019 2.600 249,000.00 249,000.00 249,000.00 254,390.85 5/17/2024 809 195.11 0.45 EagleBank MD 2.65 4/28/2023 27002YEL6 4/30/2019 2.650 249,000.00 249,000.00 249,000.00 253,656.30 4/28/2023 424 0.00 0.45 Evansville Teachers FCU IN 2.25
7/22/2024 299547AV1 7/22/2019 2.250 249,000.00 249,000.00 249,000.00 252,510.90 7/22/2024 875 92.10 0.45 First Technology FCU CA 3.35
9/27/2023 33715LCJ7 9/27/2018 3.350 240,000.00 240,000.00 240,000.00 247,718.40 9/27/2023 576 22.03 0.43 First Tier Bank NE 1.95 8/23/2024 33766LAJ7 8/23/2019 1.950 249,000.00 249,000.00 249,000.00 250,688.22 8/23/2024 907 66.51 0.45 Goldman Sachs Bank NY 2.35
6/21/2022 38148PKX4 6/21/2017 2.350 247,000.00 247,000.00 247,000.00 248,600.56 6/21/2022 113 1,097.29 0.45 Greenstate FCU IA 1.95 2/28/2023 39573LAF5 8/28/2019 1.950 249,000.00 249,000.00 249,000.00 251,524.86 2/28/2023 365 0.00 0.45 Healthcare Systems FCU VA 2.65
4/25/2024 42228LAD3 4/25/2019 2.650 246,000.00 246,000.00 246,000.00 251,507.94 4/25/2024 787 2,250.39 0.44 Horizon Bank NE 1.7 8/29/2023 44042TBQ6 7/29/2019 2.101 249,000.00 245,090.70 247,566.76 252,490.98 8/29/2023 547 0.00 0.45 I&C Bank of China, NY 2.15 4/12/2022 45581EAC5 8/15/2019 2.104 247,000.00 247,296.40 247,013.13 247,563.16 4/12/2022 43 232.79 0.45 Main Street Bank VA 2.6 4/26/2024 56065GAG3 4/26/2019 2.600 249,000.00 249,000.00 249,000.00 254,328.60 4/26/2024 788 35.47 0.45 McGregor TX 2.3 6/28/2024 32112UDA6 7/12/2019 2.200 249,000.00 250,170.30 249,549.32 254,286.27 6/28/2024 851 0.00 0.45 Merrick Bank UT 2.6 8/23/2023 59013J7P8 4/23/2019 2.600 249,000.00 249,000.00 249,000.00 254,014.86 8/23/2023 541 88.68 0.45 Morgan Stanley NY 3.1 2/7/2024 61760AVJ5 2/7/2019 3.100 246,000.00 246,000.00 246,000.00 253,446.42 2/7/2024 709 438.76 0.44 Morgan Stanley UT 3.1 2/7/2024 61690UDW7 2/7/2019 3.100 246,000.00 246,000.00 246,000.00 253,446.42 2/7/2024 709 438.76 0.44 Mountain America CU UT 3 3/27/2023 62384RAF3 4/9/2019 2.840 249,000.00 250,494.00 249,404.45 254,400.81 3/27/2023 392 20.47 0.45 Raymond James Bank FL 2 8/23/2024 75472RAE1 8/23/2019 2.000 247,000.00 247,000.00 247,000.00 248,973.53 8/23/2024 907 67.67 0.45 Sallie Mae Bank UT 2.3 8/2/2022 795450B61 8/2/2017 2.300 248,000.00 248,000.00 248,000.00 250,038.56 8/2/2022 155 406.31 0.45 State Bank India NY 2.35 3/14/2022 8562846V1 3/14/2017 2.350 248,000.00 248,000.00 248,000.00 248,208.32 3/14/2022 14 2,666.51 0.45 Synchrony Bank UT 2.4 5/19/2022 87165EL96 5/19/2017 2.400 247,000.00 247,000.00 247,000.00 248,197.95 5/19/2022 80 1,640.35 0.45 ATTACHMENT C - Page 1 of 2
Attachment: C
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Description CUSIP/Ticker
Settlement
Date
YTM @
Cost
Face
Amount/Shares Cost Value Book Value Market Value
Maturity
Date
Days To
Maturity
Accrued
Interest
% of
Portfolio
TIAA FSB FL 2.1 7/29/2022 87270LCM3 7/29/2019 2.100 247,000.00 247,000.00 247,000.00 248,780.87 7/29/2022 151 426.33 0.45 University of Iowa CU IA 3.05 5/15/2023 91435LAG2 4/25/2019 2.919 248,000.00 249,240.00 248,369.24 253,937.12 5/15/2023 441 559.53 0.45 Washington Federal Bank WA 1.95
8/28/2024 938828BN9 8/28/2019 1.950 249,000.00 249,000.00 249,000.00 250,675.77 8/28/2024 912 0.00 0.45 Sub Total / Average Certificate Of
Deposit 2.459 7,583,000.00 7,583,291.40 7,582,902.90 7,694,344.84 476 20,744.89 13.67 Local Government Investment Pool
CAMP LGIP CAMP3001 2/29/2020 0.060 5,252,739.36 5,252,739.36 5,252,739.36 5,252,739.36 N/A 1 9.47 LAIF | City LGIP LAIFCITY0895 2/29/2020 0.278 27,730,137.82 27,730,137.82 27,730,137.82 27,540,038.20 N/A 1 49.98 LAIF | Housing Authority LGIP LAIFHA0004 2/29/2020 0.278 13,194,195.96 13,194,195.96 13,194,195.96 13,103,745.21 N/A 1 23.78 Sub Total / Average Local
Government Investment Pool 0.253 46,177,073.14 46,177,073.14 46,177,073.14 45,896,522.77 1 0.00 83.23 Municipal
Arvin Community CA 2.5 3/1/2023 043288AK5 8/8/2019 2.350 275,000.00 276,399.75 275,393.78 278,113.00 3/1/2023 366 3,380.21 0.50 Fort Bragg CA 1.871 8/1/2024 347028JZ6 9/18/2019 1.750 205,000.00 206,150.05 205,572.12 203,874.55 8/1/2024 885 287.67 0.37 Riverside Pension CA 2.5 6/1/2022 769036BB9 6/20/2017 2.251 500,000.00 505,800.00 500,298.51 502,250.00 6/1/2022 93 3,020.83 0.90 Riverside Pension CA 2.5 6/1/2022 769036BB9 7/24/2017 2.401 240,000.00 241,080.00 240,056.65 241,080.00 6/1/2022 93 1,450.00 0.43 Riverside Pension CA 2.75 6/1/2024 769036BD5 8/28/2019 2.030 250,000.00 258,120.00 253,847.54 254,540.00 6/1/2024 824 1,661.46 0.45 Stockton CA 2.5 9/1/2023 861403AU7 5/1/2019 2.600 250,000.00 248,975.00 249,644.10 251,625.00 9/1/2023 550 3,072.92 0.45 Sub Total / Average Municipal 2.247 1,720,000.00 1,736,524.80 1,724,812.70 1,731,482.55 404 12,873.09 3.10 Total / Average 0.616 55,480,073.14 55,496,889.34 55,484,788.74 55,322,350.16 78 33,617.98 100 ATTACHMENT C - Page 2 of 2
1 CITY OF STANTON

REPORT TO THE SUCCESSOR AGENCY TO THE

STANTON REDEVELOPMENT AGENCY
TO: Honorable Chair and Members of the Successor Agency DATE: April 12, 2022
SUBJECT: FEBRUARY 2022 INVESTMENT REPORT (SUCCESSOR AGENCY) REPORT IN BRIEF:

The Investment Report as of February 28, 2022, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

RECOMMENDED ACTIONS:

2. Receive and file the Investment Report for the month of February 2022.

BACKGROUND:

The attached reports summarize the Successor Agency investments and deposit balances as of February 2022. During the month of February, the Successor Agency’s total cash and investment balances decreased by approximately $4,167. The Successor Agency’s cash and investment balances by fund are presented in Attachment A. The Successor Agency’s investments and deposits are included as Attachment B.

ANALYSIS:

The Successor Agency’s share of the City’s investment in the State Treasurer’s Local Agency Investment Fund (LAIF) continues to be available on demand. The effective yield on LAIF for the month of February 2022 was 0.28%.

The Successor Agency’s investments are shown on Attachment B and have a weighted investment yield of 0.28%, which is equal to the benchmark LAIF return of 0.28%, as the entire portfolio (excluding funds held with the bond fiscal agents) represents the Successor Agency’s portion of LAIF and Bank of the West funds invested by the City.

Item: 14D
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2 With a completely liquid portfolio, the weighted average maturity of the Successor Agency’s investments on February 28, 2022, is 1 day. LAIF’s average maturity on February 28, 2022, is approximately 319 days.

FISCAL IMPACT:

All deposits and investments have been made in accordance with the City's Fiscal Year 2021-22 Investment Policy.

The portfolio will allow the Successor Agency to meet its expenditure requirements for the next six months.

ENVIRONMENTAL IMPACT:

None
LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Through the agenda posting process.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

A. Cash and Investment Balances by Fund
B. Investments and Deposits
Fund/
Account No. Fund/Account Name
Beginning
Balance Increases Decreases Ending Balance

CASH-POOLED
712-111101 Redevelopment Obligation Retirement Fund $ 2,500,631.44 $ - $ (4,166.67) $ 2,496,464.77 Total Cash-Pooled (1) $ - 2,500,631.44 $ $ (4,166.67) $ 2,496,464.77 CASH-RESTRICTED (with Fiscal Agent)
712-111423 2016 Tax Allocation Bonds, Series A and B $ 824,737.50 $ 2.49 $ - $ 824,739.99 712-111425 2016 Tax Allocation Bonds, Series C and D 1,233,631.25 3.72 - 1,233,634.97712-111426 2020 Tax Allocation Refunding Bonds, Series A 666,800.00 2.01 - 666,802.01 Total Cash-Restricted (with Fiscal Agent) $ 2,725,168.75 $ 8.22 $ 2,725,176.97 - $ TOTAL CASH AND INVESTMENTS $ 5,225,800.19 $ 8.22 $ (4,166.67) $ 5,221,641.74 Note:
(1) - Includes the Successor Agency's share of the City's Bank of the West checking account and Local Agency Investment Fund (LAIF).

SUCCESSOR AGENCY TO THE STANTON REDEVELOPMENT AGENCY

CASH AND INVESTMENTS REPORT
MONTH ENDED FEBRUARY 28, 2022
ATTACHMENT A Attachment: A Click here to return to the agenda.

SUCCESSOR AGENCY TO THE STANTON REDEVELOPMENT AGENC
Y

INVESTMENTS AND DEPOSITS
Investment Issuer/ Date of Market MV
Type Institution Broker Maturit
y Cost
Value Source
LAIF and BOW General Acct State of California/ BOW State of California On Demand 0.28% N/A $ 2,496,465 $ LAIF 2,496,465 Total Cash Investments and Deposits 1 0.28% $ 2,496,465 $ 2,496,465 Weighted AverageWeighted Average
Bond Funds Held by Trustees: Maturity (days) Yield
Investment Issuer/ CUSIP Date of Interest Par Market MV Type Institution Broker Number Maturit
y Rate
Value Cost
Value Source
2016 Series A and BDebt Service:Cash Equivalents US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 824,739 $ $ 824,739 $ US Bank 824,739 Principal: Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 1 1 1 US Bank Total 2016 Series A and B $ 824,740 $ 824,740
Investment Issuer/ CUSIP Date of Interest Par Market MV Type Institution Broker Number Maturit
y Rate
Value Cost
Value Source
2016
Series
C and D
Debt Service:Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 1,233,633 $ $ 1,233,633 $ US Bank 1,233,633 Interest:Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 1 1 1 US BankPrincipal: Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 1 1 1 US Bank Total 2016 Series C and D $ 1,233,635 $ 1,233,635 MONTH ENDED FEBRUARY 28, 2022
Rate
Interest
Attachment: B
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Investment Issuer/ CUSIP Date of Interest Par Market MV Type Institution Broker Number Maturity Rate Value Cost Value Source 2020 Tax Allocation Refunding Bonds Special Fund:Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 666,802 $ $ 666,802 $ US Bank 666,802 Total 2010 Tax Allocation Bonds (Tax-Exempt) $ 666,802 $ 666,802 Total Bond Fund Investments and Deposits (3) $ 2,725,177 2,725,177 $ TOTAL - ALL CASH AND INVESTMENTS $5,221,642 $5,221,642 Notes:
(1) - There have been no exceptions to the Investment Policy.(2) - The Successor Agency is able to meet its expenditure requirements for the next six months.(3) - Restricted Bond Funds are held by the fiscal agent. 1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and City Council
DATE: April 12, 2022
SUBJECT: FEBRUARY 2022 GENERAL FUND REVENUE AND EXPENDITURE REPORT; HOUSING AUTHORITY REVENUE AND EXPENDITURE
REPORT; AND STATUS OF CAPITAL IMPROVEMENT PROGRAM
REPORT IN BRIEF:

The Revenue and Expenditure Report for the month ended February 28, 2022, has been provided to the City Manager in accordance with Stanton Municipal Code Section

RECOMMENDED ACTION:

2. Receive and file the General Fund and Housing Authority Fund’s February 2022 Revenue and Expenditure Report and Status of Capital Improvement Projects for the month ended February 28, 2022.

ANALYSIS:

General Fund Revenue and Expenditure Reports
Attachments A and B summarize the General Fund’s revenue and expenditure activity through February 28, 2022. The reports include information for the month of February, on a year-to-date basis through February, the current fiscal year’s budgeted balance and the year-to-date as a percentage of the budget. In addition, for comparison purposes, the year-to-date amount, final amount, and a percentage of final for the previous fiscal year (through February) is included as well.

Item: 14E
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2 As of February 28, total General Fund revenues received to date was approximately $15.8 million, which represents 55% of the Fiscal Year 2021/22 budgeted amount and is approximately $1.3 million (9%) higher than the revenues collected for the same period last year (Attachment A, page 2). The primary reason for the increase is because of increased taxes collected during the current year for property tax, transient occupancy tax, sales tax, and transaction and use tax. The budgets for these revenues were adjusted with the City’s Mid-Year Budget Update on March 8, 2022.

Total General Fund expenditures were approximately $15.8 million through February 28, which represents 59% of the 2021/22 projected expenditures and is approximately $551,000 (4%) lower than the expenditures incurred for the same period last year (Attachment B, page 2). The primary reason for the increase is due to a timing difference in the City’s quarterly payment to the Orange County Fire Authority for fire protection services. The most recent quarterly payment was processed in April 2022, whereas the quarterly payment for the same period last year was processed in February 2021.

Housing Authority Revenue and Expenditure Reports
Attachment D summarizes the Housing Authority Fund’s revenue and expenditure activity through February 28, 2022. The report includes information for the activity during the month of February, information on a year-to-date basis through February, the current fiscal year’s budgeted balance and the year-to-date as a percentage of the budget. In addition, for comparison purposes, the year-to-date amount, final amount, and a percentage of final for the previous fiscal year (through February) is included as well.

As of February 28, total Housing Authority Fund revenues received to date was approximately $873,000, which represents 71% of the Fiscal Year 2021/22 budgeted amount and is approximately $357,000 (70%) more than the revenue collected through the same period last year. Through February 2022, the Housing Authority received $681,902 in revenue from property sales. Of this amount, $606,902 was for the sale of the property located at 7455 Katella Avenue. The remaining $75,000 was for deposits received from three developers per the exclusive negotiation agreement related to the Tina-Pacific Development Project.

Total Housing Authority Fund expenditures were approximately $1.6 million through February 28, which represents 35% of the 2021/22 projected expenditures and is approximately $1.6 million (51%) lower than the expenditures incurred for the same period last year. In November 2020, the Housing Authority made $2.6 million in payments for Project Homekey.

Status of Capital Improvement Projects (CIP) (Attachment D) The Fiscal Year 2021/22 CIP budget includes $3.3 million from the Fiscal Year 2021/22 Adopted Budget, $822,843 in carryover funding from Fiscal Year 2020/21, and $7.8 3 million in other adjustments approved by the City Council since July 2021, for a total amended budget of $12.0 million as of February 28, 2022. As of February 28, capital project expenditures totaled $53,046 (less than 1% of the amended budget) with an additional $899,291 (7% of the amended budget) under contract (encumbered) for work currently underway, for a total amount spent or encumbered to date of $952,337 (8% of the amended budget) as of February 28, 2022.

FISCAL IMPACT:

Per Attachment C, the City’s General Fund reserves is expected to be $23.6 million by June 30, 2022.

Per Attachment E, the City’s Housing Authority Fund reserves is expected to be $12.1 million by June 30, 2022.

ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Through the normal agenda posting process.

STRATEGIC PLAN OBJECTIVE ADDRESSED

A. February 2022 General Fund Revenues
B. February 2022 General Fund Expenditures
C. General Fund Reserve Balances
D. February 2022 Housing Authority Revenue and Expenditures E. Housing Authority Reserve Balance
F. Status of Capital Improvement Projects as of February 28, 2022 %
FY 2021/22 FY 2021/22 Activity Change
Adopted Amended During Year To Date Percent of FY 2020/21 From Budget Budget February Actual * Budget Actual Prior Year TAXES
Property Tax $ 7,213,500 $ 7,586,000 $ 29,651 $ 4,073,147 53.69% 3,616,943 $ 12.61% Sales and Use Tax 4,810,000 5,117,000 492,799 2,644,510 51.68% 2,308,743 14.54%Transactions and Use Tax 4,998,000 5,473,000 593,362 2,928,950 53.52% 2,443,086 19.89%Transient Occupancy Tax 480,000 590,000 53,007 387,796 65.73% 296,311 30.87% Franchise Fees 1,109,500 1,109,500 95,620 381,249 34.36% 344,455 10.68% Business Licenses 160,000 160,000 14,547 124,499 77.81% 124,616 ‐0.09% Utility Users Tax 1,881,000 1,881,000 175,357 1,230,538 65.42% 1,227,812 0.22% Tax Increment Pass‐thru Payment 338,000 409,000 ‐ 270,516 66.14% 215,950 25.27% TAXES‐TOTAL 20,990,000 22,325,500 1,454,343 12,041,205 53.93% 10,577,916 13.83%

INTERGOVERNMENTAL
County WDA Shared Revenue 160,000 160,000 ‐ 101,376 63.36% ‐ 100.00% Mandated Cost Reimbursement 30,000 30,000 ‐ ‐ 0.00% ‐ **Motor Vehicle In Lieu 20,000 45,700 ‐ 45,717 100.04% ‐ 100.00% Public Safety Augmentation Tax 161,075 185,280 14,757 100,455 54.22% 80,391 24.96% Planning Grants ‐ 160,000 ‐ 152,434 95.27% ‐ 100.00%
INTERGOVERNMENTAL‐TOTAL 371,075 580,980 14,757 399,982 68.85% 80,391 397.55%

CHARGES FOR SERVICES
Charges for Services 105,280 171,145 31,459 79,415 46.40% 59,544 33.37% Information Technology Charges 30,345 30,345 2,529 20,230 66.67% 16,190 100.00% CHARGES FOR SERVICES‐TOTAL 135,625 201,490 33,988 99,645 49.45% 75,734 31.57%

FEES AND PERMITS
Solid Waste Impact Fees 1,150,000 1,150,000 187,048 655,481 57.00% 504,984 29.80% Building Permits and Fees 1,300,000 1,300,000 93,618 604,840 46.53% 1,326,989 ‐54.42%Planning Permits and Fees 106,250 106,250 9,200 58,105 54.69% 55,060 5.53% Engineering Permits and Fees 73,300 73,300 21,410 86,371 117.83% 49,728 73.69% Public Benefit Fee ‐ ‐ ‐ ‐ ** 551,996 ‐100.00%
Recycling Fees 93,750 93,750 19,290 38,815 41.40% 40,245 ‐3.55% Other Permits and Fees 267,500 267,500 24,688 201,875 75.47% 346,814 ‐41.79% Community Services Fees 46,500 70,500 6,071 52,941 75.09% 19,542 63.09% FEES AND PERMITS ‐TOTAL 3,037,300 3,061,300 361,325 1,698,428 55.48% 2,895,358 ‐41.34% February 2022 General Fund Revenues (67% of year)

CITY OF STANTON
FY 2021/22
ATTACHMENT A-Page 1 of 11 Attachment: A Click here to return to the agenda. %
FY 2021/22 FY 2021/22 Activity Change
Adopted Amended During Year To Date Percent of FY 2020/21 From Budget Budget February Actual * Budget Actual Prior Year February 2022 General Fund Revenues (67% of year)

CITY OF STANTON
FY 2021/22

FINES AND FORFEITURES
General Fines 600 18,000 115.000 18,284 101.58% 485 3669.90% Motor Vehicle Fines 120,670 40,000 3,883.000 24,661 61.65% 61,496 ‐59.90% Parking Citations 205,000 205,000 24,450 172,770 84.28% 176,720 ‐2.24%DMV Parking Collections 70,300 70,300 5,207 37,928 53.95% 31,381 20.86% Administrative Citation 15,000 7,500 240 3,940 52.53% ‐ 8,044 51.02% FINES AND FORFEITURES‐TOTAL 411,570 340,800 33,895 257,583 75.58% 278,126 ‐7.39%

USE OF MONEY AND PROPERTY
Investment Earnings 185,000 145,000 (19.000) 71,173 49.08% ‐ 116,871 39.10% Unrealized Gains (Losses) ‐ ‐ (109,257) (359,602) ** (116,473) ‐208.74% Interest on Loan to Landscape District Fund 16,570 16,570 ‐ 10,882 65.67% ‐ 100.00% Rental Income 28,305 82,855 9,292 52,902 63.85% 8,790 501.84% USE OF MONEY AND PROPERTY‐TOTAL 229,875 244,425 (99,984) (224,645) ‐91.91% ‐ 9,188 2544.98%

MISCELLANEOUS REVENUE
Miscellaneous Revenue 198,700 313,835 21,257 153,441 48.89% 169,346 ‐9.39% MISCELLANEOUS REVENUE‐TOTAL 198,700 313,835 21,257 153,441 48.89% 169,346 ‐9.39%

TRANSFERS IN
From Gas Tax Fund 205,000 205,000 17,083 136,667 66.67% 80,333 70.13% From Protective Services Fund 375,000 376,951 ‐ 217,697 57.75% 252,770 ‐13.88% From Supplemental Law Enforcement Grants Fund 150,000 150,000 12,500 100,000 66.67% 62,393 60.27% From Housing Authority Fund ‐ 890,000 ‐ 890,000 100.00% ‐ 100.00% TRANSFERS IN‐TOTAL 730,000 1,621,951 29,583 1,344,364 82.89% 395,496 70.58% TOTAL REVENUES AND TRANSFERS IN $ 26,104,145 $ 28,690,281 $ 1,849,164 $ 15,770,003 54.97% 14,481,555 $ 8.90% * = Actual data is reported through February .

ATTACHMENT A-Page 2 of 11
FY 2021/22 FY 2021/22 % Change
Adopted Amended Activity During Year To Date FY 2020/21 From Acct. No. Description Budget Budget February Actual * % of Budget Actual Prior Year 101 General Fund
430100 Current Year‐Secured $ 1,144,000 $ 1,122,000 $ ‐ $ 633,555 56.47% 624,166 1.50%430105 Current Year‐Unsecured 32,500 22,000 ‐ 18,532 84.24% 26,907 ‐31.13% 430115 Property Tax‐Supplemental 23,000 20,000 1,429 10,646 53.23% 10,393 2.43% 430120 Residual Redevelopment Property Tax 1,267,000 1,292,000 ‐ 791,483 61.26% 582,742 35.82% 430121 In‐Lieu Vehicle License Fee 4,640,000 5,008,000 ‐ 2,504,005 50.00% 2,274,741 10.08% 430135 Homeowners Tax Relief 1,000 5,000 ‐ 2,480 49.60% 781 217.54% 430140 Property Transfer Tax 106,000 116,000 28,222 112,334 96.84% 96,274 16.68% 430145 Property Tax‐Penalties/Int ‐ 1,000 ‐ 112 11.20% 939 ‐88.07% 430200 Sales And Use Tax 4,810,000 5,117,000 492,799 2,644,510 51.68% 2,308,743 14.54% 430300 Transient Occupancy Tax 480,000 590,000 53,007 387,796 65.73% 296,311 30.87% 430405 Franchise Tax/Cable TV 224,500 224,500 ‐ 51,718 23.04% 85,382 ‐39.43% 430410 Franchise Tax/Electric 214,000 214,000 ‐ ‐ 0.00% ‐ ** 430415 Franchise Tax/Gas 58,000 58,000 ‐ ‐ 0.00% ‐ **430420 Franchise Tax/Refuse 525,000 525,000 95,620 329,531 62.77% 259,073 27.20% 430425 Franchise Tax/Water 88,000 88,000 ‐ ‐ 0.00% ‐ ** 430500 Business License Tax 160,000 160,000 14,547 124,499 77.81% 124,616 ‐0.09% 430600 Util User Tax/Electricity 935,500 935,500 88,802 706,389 75.51% 701,585 0.68% 430605 Util User Tax/Telephone 316,000 316,000 15,543 119,115 37.69% 130,490 ‐8.72% 430610 Util User Tax/Gas 211,000 211,000 24,276 129,532 61.39% 108,708 19.16% 430615 Util User Tax/Water 418,500 418,500 46,736 275,502 65.83% 287,029 ‐4.02% 440100 AB 1389 Pass Through from RDA 338,000 409,000 ‐ 270,516 66.14% 215,950 25.27% 101 General Fund 15,992,000 16,852,500 860,981 9,112,255 54.07% 8,134,830 12.02% 102 General Fund (Transactions & Use Tax)
430250 Transactions & Use Tax 4,998,000 5,473,000 593,362 2,928,950 53.52% 2,443,086 19.89% 102 General Fund (Transactions & Use Tax) 4,998,000 5,473,000 593,362 2,928,950 53.52% 2,443,086 19.89% TAXES ‐ TOTAL $ 20,990,000 $ 22,325,500 $ 1,454,343 $ 12,041,205 53.93% 10,577,916 $ 13.83% TAXES
February 2022 General Fund Revenues (67% of year)
FY 2021/22
* = Actual data is reported through February .

ATTACHMENT A-Page 3 of 11
FY 2021/22 FY 2021/22 % Change
Adopted Amended Activity During Year To Date FY 2020/21 From Acct. No. Description Budget Budget February Actual * % of Budget Actual Prior Year 101 General Fund433100 Charges For Services $ 105,280 $ 171,145 $ 31,459 $ 79,415 46.40% 59,544 $ 33.37% 433136 Information Technology Charges 30,345 30,345 2,529 20,230 66.67% 16,190 19.97% CHARGES FOR SERVICES ‐ TOTAL $ 135,625 $ 201,490 $ 33,988 $ 99,645 49.45% $ 75,734 31.57%

CHARGES FOR SERVICES
February 2022 General Fund Revenues (67% of year)
FY 2021/22
* = Actual data is reported through February .

ATTACHMENT A-Page 4 of 11
FY 2021/22 FY 2021/22 % Change
Adopted Amended Activity During Year To Date FY 2020/21 From Acct. No. Description Budget Budget February Actual * % of Budget Actual Prior Year 101 General Fund432121 County WDA Shared Revenue $ 160,000 $ 160,000 $ ‐ $ 101,376 63.36% $ ‐ 100.00% 432135 Mandated Cost Reimbursement 30,000 30,000 ‐ ‐ 0.00% ‐ ** 432150 Motor Vehicle In Lieu 20,000 45,700 ‐ 45,717 100.04% ‐ 100.00% 432180 Public Safety Augmentation Tax 161,075 185,280 14,757 100,455 54.22% 80,391 19.97% 432245 Planning Grants ‐ 160,000 ‐ 152,434 95.27% ‐ 100.00% INTERGOVERNMENTAL ‐ TOTAL $ 371,075 $ 580,980 $ 14,757 $ 399,982 68.85% $ 80,391 397.55%

INTERGOVERNMENTAL
February 2022 General Fund Revenues (67% of year)
FY 2021/22
* = Actual data is reported through February .

ATTACHMENT A-Page 5 of 11
FY 2021/22 FY 2021/22 % Change
Adopted Amended Activity During Year To Date FY 2020/21 From Acct. No. Description Budget Budget February Actual * % of Budget Actual Prior Year 101 General Fund431100 Building Plan Check Fees $ 70,000 $ 70,000 $ 5,350 $ 160,190 228.84% 33,854 $ 373.18% 431105 Mechanical Permits 250,000 250,000 9,630 48,890 19.56% 331,710 ‐85.26% 431110 Building Permits 750,000 750,000 66,645 309,128 41.22% 688,349 ‐55.09%431115 Plumbing Permits 80,000 80,000 6,025 26,380 32.98% 76,215 ‐65.39%431120 Electrical Permits 150,000 150,000 5,968 60,252 40.17% ‐ 196,861 69.39% 431130 Engineering Plan Check Fees 33,300 33,300 11,565 46,340 139.16% 21,105 119.57% 431135 Public Works Permits 40,000 40,000 9,845 40,031 100.08% 28,623 39.86%431140 S M I P ‐ Commercial Fees 500 500 ‐ 7 1.40% 205 ‐96.59% 431145 S M I P‐Residential Permits 1,000 1,000 ‐ 41 4.10% 33 24.24% 431146 SB 1473 Fee 2,500 2,500 131 570 22.80% ‐ 3,007 81.04% 431150 Grading Plan Review ‐ ‐ ‐ 8,670 ** ‐ 10,115 14.29% 431155 Grading Permits ‐ ‐ 735 3,675 ** ‐ 5,145 40.00% 431160 Solid Waste Impact Fees 1,150,000 1,150,000 187,048 655,481 57.00% 504,984 29.80% 431185 Parking Permits 50,000 50,000 8,005 33,562 67.12% 8,693 286.08% 431190 Towing Franchise Fee 30,000 30,000 1,350 14,310 47.70% 26,100 ‐45.17%431194 Public Benefit Fee ‐ ‐ ‐ ‐ ** ‐ 551,996 100.00% 431195 Other Fees & Permits 15,000 15,000 2,920 17,040 113.60% 20,330 ‐16.18% 431200 Cannabis Business Initial Permit Fee ‐ ‐ ‐ ‐ ** ‐ 143,000 100.00% 433200 Conditional Use Permit 6,000 6,000 4,970 17,395 289.92% ‐ 100.00% 433205 Precise Plan Of Design 15,000 15,000 ‐ 2,100 14.00% ‐ 9,230 77.25% 433210 Variance 2,000 2,000 ‐ ‐ 0.00% ‐ **
433220 Preliminary Plan Review 6,000 6,000 1,875 11,250 187.50% 1,875 83.33% 433225 Environmental Services 4,400 4,400 150 655 14.89% ‐ 4,425 85.20%433227 Foreclosure Registration 10,850 10,850 ‐ 5,419 49.94% ‐ 7,196 24.69% 433230 Zoning Entitlements 5,000 5,000 ‐ ‐ 0.00% ‐ **
433235 Land Divisions 10,000 10,000 ‐ 2,500 25.00% ‐ 5,265 52.52% 433240 Special Event Permits 500 500 180 360 72.00% 540 ‐33.33% 433245 Sign/Ban'R/Gar Sa/Temp Use Per 6,000 6,000 650 4,430 73.83% 2,145 106.53%

FEES AND PERMITS
February 2022 General Fund Revenues (67% of year)
FY 2021/22
ATTACHMENT A-Page 6 of 11
FY 2021/22 FY 2021/22 % Change
Adopted Amended Activity During Year To Date FY 2020/21 From Acct. No. Description Budget Budget February Actual * % of Budget Actual Prior Year 101 General Fund

FEES AND PERMITS
February 2022 General Fund Revenues (67% of year)
FY 2021/22
433250 Ministerial Services 15,000 15,000 1,240 10,845 72.30% 10,265 5.65% 433260 Landscape Plan Check 1,000 1,000 ‐ 1,300 130.00% 650 50.00% 433270 General Plan Maint Surcharge 15,000 15,000 315 1,822 12.15% 12,800 ‐85.77% 433285 Other Developmental Fees 5,000 5,000 ‐ 389 7.78% ‐ 1,209 67.82%433305 General Recreation Programs 24,000 43,000 4,121 30,243 70.33% 1,167 96.14%433315 Sports Fields 22,500 27,500 1,950 22,698 82.54% 18,375 19.05% 437115 Recycling Fees 93,750 93,750 19,290 38,815 41.40% 40,245 ‐3.55%430505 New/Moved Bus Lic Appl Rev 40,000 40,000 1,660 20,390 50.98% 22,144 ‐7.92% 430510 Business Tax Renewal Process 130,000 130,000 9,011 99,983 76.91% 102,997 ‐2.93% 430515 SB 1186 3,000 3,000 696 3,267 108.90% ‐ 4,505 27.48% FEES AND PERMITS ‐ TOTAL $ 3,037,300 $ 3,061,300 $ 361,325 $ 1,698,428 55.48% 2,895,358 $ ‐41.34% * = Actual data is reported through February .

ATTACHMENT A-Page 7 of 11
FY 2021/22 FY 2021/22 % Change
Adopted Amended Activity During Year To Date FY 2020/21 From Acct. No. Description Budget Budget February Actual * % of Budget Actual Prior Year101 General Fund434100 General Fines $ 600 $ 18,000 $ 115.000 $ 18,284 101.58% $ 485 3669.90% 434105 Motor Vehicle Fines 120,670 40,000 3,883 24,661 61.65% 61,496 ‐59.90% 434110 Parking Citations 205,000 205,000 24,450 172,770 84.28% 176,720 ‐2.24% 434115 DMV Parking Collections 70,300 70,300 5,207 37,928 53.95% 31,381 20.86% 434120 Administrative Citations 15,000 7,500 240 3,940 52.53% ‐ 8,044 51.02% FINES AND FORFEITURES ‐ TOTAL $ 411,570 $ 340,800 $ 33,895 $ 257,583 75.58% 278,126 $ ‐7.39%

FINES AND FORFEITURES
February 2022 General Fund Revenues (67% of year)
FY 2021/22
* = Actual data is reported through February .

ATTACHMENT A-Page 8 of 11
FY 2021/22 FY 2021/22 % Change
Adopted Amended Activity During Year To Date FY 2020/21 From Acct. No. Description Budget Budget February Actual * % of Budget Actual Prior Year 101 General Fund435100 Interest Earned $ 185,000 $ 145,000 $ (19.000) $ 71,173 49.08% 116,871 $ ‐39.10% 435110 Unrealized Gains (Losses) ‐ ‐ (109,257) (359,602) ** (116,473) ‐208.74% 435200 Interest on Loan to Landscape District Fund 16,570 ‐ 16,570 10,882 65.67% ‐ 100.00% 436125 Indoor Facility Rental ‐ 40,000 2,801 21,370 53.43% (3,144) 779.71%436127 Outdoor Picnic Shelters 7,450 22,000 2,915 15,660 71.18% ‐ 100.00% 436135 Pac Bell Mobile Svcs‐Rent 20,855 20,855 3,576 15,872 76.11% 11,934 33.00% USE OF MONEY AND PROPERTY ‐ TOTAL $ 229,875 $ 244,425 $ (99,984) $ (224,645) ‐91.91% $ ‐ 9,188 2544.98%

USE OF MONEY AND PROPERTY
February 2022 General Fund Revenues (67% of year)
FY 2021/22
ATTACHMENT A-Page 9 of 11
FY 2021/22 FY 2021/22 % Change
Adopted Amended Activity During Year To Date FY 2020/21 From Acct. No. Description Budget Budget February Actual * % of Budget Actual Prior Year 101 General Fund432256 Grant (non‐government agency) $ 4,200 $ 79,535 $ 20,828 $ 105,234 132.31% 133,257 $ ‐21.03% 437100 Sale Of Publications ‐ ‐ 1 122 ** 4 2950.00%
437105 Firework Services 475 475 ‐ ‐ 0.00% ‐ ** 437125 Donations ‐ 800 ‐ 800 100.00% 850 ‐6.25%
437135 Expense Reimbursement ‐ 39,000 316 39,608 101.56% 7,500 81.06% 437137 Loan Repayment from Landscape Maintenance District 164,025 164,025 ‐ ‐ 0.00% ‐ ** 437195 Other Revenue 30,000 30,000 112 7,677 25.59% ‐ 27,735 72.32% MISCELLANEOUS REVENUE ‐ TOTAL $ 198,700 $ 313,835 $ 21,257 $ 153,441 48.89% 169,346 $ ‐9.39%

MISCELLANEOUS REVENUE
February 2022 General Fund Revenues (67% of year)
FY 2021/22
* = Actual data is reported through February .

ATTACHMENT A-Page 10 of 11
FY 2021/22 FY 2021/22 % Change
Adopted Amended Activity During Year To Date FY 2020/21 From Acct. No. Description Budget Budget February Actual * % of Budget Actual Prior Year 101 General Fund439211 Transfer From Gas Tax Fund $ 205,000 $ 205,000 $ 17,083 $ 136,667 66.67% $ 80,333 41.22%439223 Transfer From Protective Services Fund 375,000 376,951 ‐ 217,697 57.75% 252,770 ‐16.11% 439242 Transfer Fr Supp Law Enf Grant 150,000 150,000 12,500 100,000 66.67% 62,393 37.61%439285 Transfer From Housing Authority ‐ 890,000 ‐ 890,000 100.00% ‐ 100.00% TRANSFERS IN ‐ TOTAL $ 730,000 $ 1,621,951 $ 29,583 $ 1,344,364 82.89% 395,496 $ 70.58%

TRANSFERS IN
February 2022 General Fund Revenues (67% of year)
FY 2021/22
ATTACHMENT A-Page 11 of 11
Division
No. Description
FY 2021/22
Adopted
Budget
FY 2021/22
Amended
Budget
Activity During
February
Year to Date
Actual *
Percent of
Budget
FY 2020/21
Actual
1100 City Council 116,710 $ $ 116,710 $ 11,239 $ 84,716 72.59% 80,021 $ 5.87% 1200 City Attorney 302,000 302,000 155 138,690 45.92% 108,181 28.20% 1300 City Manager 473,195 477,395 43,722 318,411 66.70% 274,960 15.80% 1400 City Clerk 190,515 190,515 15,990 117,919 61.89% 109,178 8.01% 1410 Personnel/Risk Management 176,885 184,185 19,372 107,669 58.46% 89,700 20.03% 1510 Information Technology 524,980 534,598 35,725 340,367 63.67% 356,381 ‐4.49% Administration 1,784,285 1,805,403 126,203 1,107,772 61.36% 1,018,421 8.77% 1500 Finance 862,565 890,691 62,005 520,103 58.39% 527,300 ‐1.36% 1600 Non‐Dept (excludes Transfers) 48,000 48,000 ‐ 446 0.93% ‐ 1,620 72.47% Finance 910,565 938,691 62,005 520,549 55.45% 528,920 ‐1.58% 1520 Emergency Preparedness 5,000 68,466 12,444 41,607 60.77% 16,880 59.43% 2100 Law Enforcement 12,197,850 12,092,544 911,517 8,042,260 66.51% 7,552,218 6.09% 2200 Fire Protection 5,166,860 5,174,360 ‐ 2,587,332 50.00% 3,701,395 ‐30.10% 2230 Contractual Ambulance Svcs 2,500 2,500 200 400 16.00% ‐ 1,386 71.14%2400 Animal Control Services 191,390 192,390 48,620 143,546 74.61% 136,710 4.76% 2500 Public Safety‐Other 110,175 110,175 5,759 78,721 71.45% 76,055 3.51% 4300 Parking Control 250,890 250,890 19,144 164,358 65.51% 148,151 10.94% 6200 Code Enforcement 519,870 519,870 41,746 315,132 60.62% 303,865 3.71% Public Safety 18,444,535 18,479,195 1,039,430 11,373,356 61.55% 11,936,660 ‐4.72% 3000 Public Works Administration 507,575 512,568 29,046 296,946 57.93% 302,049 ‐1.69% 3100 Engineering 145,390 173,110 5,215 48,654 28.11% ‐ 89,879 45.87% 3200 Public Facilities 436,340 472,320 33,952 265,528 56.22% 225,258 17.88% 3300 Crossing Guard 43,165 43,165 2,097 20,631 47.80% 4,141 79.93% 3400 Parks Maintenance 412,680 455,180 34,667 245,705 53.98% 222,064 10.65% 3500 Street Maintenance 498,980 389,980 39,545 231,338 59.32% 258,158 ‐10.39% 3600 Storm Drains 115,860 115,860 4,378 75,276 64.97% ‐ 78,743 4.40% 6300 Graffiti Abatement 101,900 106,900 5,635 28,585 26.74% ‐ 52,303 45.35% Public Works 2,261,890 2,269,083 154,535 1,212,663 53.44% 1,232,595 ‐1.62% City of Stanton
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
% Change
from Prior
Year
* = Actual data is reported through February.

ATTACHMENT B

Page 1 of 25 ends

Division
No. Description
FY 2021/22
Adopted
Budget
FY 2021/22
Amended
Budget
Activity During
February
Year to Date
Actual *
Percent of
Budget
FY 2020/21
Actual
City of Stanton
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
% Change
from Prior
Year
4000 Community Development Administration 313,625 313,625 19,150 187,645 59.83% 104,804 79.04% 4100 Planning 344,590 659,812 38,323 314,425 47.65% 306,334 2.64%4200 Building Regulation 784,255 787,455 60,277 278,858 35.41% 582,017 ‐52.09%4400 Business Relations 37,800 37,800 ‐ 570 1.51% ‐ 17,319 96.71% Community Development 1,480,270 1,798,692 117,750 781,498 43.45% 1,010,474 ‐22.66% 5000 Public Information Office (1) 120,600 122,150 2,869 66,093 54.11% 750 98.87% 5100 Community Services Administration 509,015 583,165 36,322 386,085 66.21% 416,394 ‐7.28% 5200 Community Center Operations 170,530 170,530 7,271 53,108 31.14% 2,891 1737.01% 5300 Park Operations 224,470 224,470 17,715 135,918 60.55% 98,211 38.39% 5400 Senior Citizen Programs 61,515 61,815 3,137 32,471 52.53% 26,991 20.30% 5500 Recreation Programs (1) 48,900 63,100 4,807 37,532 59.48% 7,541 79.91% Community Services 1,135,030 1,225,230 72,121 711,207 58.05% 552,778 28.66% Transfer to Liability/Risk Mgmt. Fund. ‐ 131,330 ‐ ‐ 0.00% ‐ ** Transfer to FACT Grant 17,100 17,100 ‐ 7,125 41.67% ‐ 16,500 131.58% Transfer to Senior Transportation Fund 10,565 10,565 1,342 5,617 53.17% 2,307 143.48% Transfer to SCP Maintenance 41,140 57,540 3,428 27,427 47.67% ‐ ** Transfer to Capital Projects Fund ‐ 104,000 ‐ ‐ 0.00% ‐ **Transfers to Other Funds 68,805 320,535 4,770 40,169 12.53% 18,807 113.59% TOTAL EXPENDITURES $ 26,085,380 $ 26,836,829 $ 1,576,814 $ 15,747,214 58.68% 16,298,655 $ ‐3.38% (1) ‐ New division in the Fiscal Year 2021/22 Adopted Budget. * = Actual data is reported through February.

ATTACHMENT B

Page 2 of 25 ends

Acct. No. Description % of Budget
FY 2020/21
Actual
101 General Fund1100 City Council501105 Salaries‐Elected $ 52,200 $ 52,200 $ 4,023 $ 34,145 65.41% 32,637 $ 4.62% 502120 Medicare/Fica 740 740 58 495 66.89% 473 4.65%
502130 Other Benefit Charges 770 770 61 576 74.81% 296 94.59% 602100 Special Dept Expense 10,000 10,000 129 6,501 65.01% 2,950 120.37% 602110 Office Expense 2,000 2,000 196 500 25.00% 510 ‐1.96% 602115 Postage ‐ ‐ ‐ 3 ** 6 ‐50.00%607100 Membership/Dues 36,585 36,585 6,772 34,504 94.31% ‐ 36,489 5.44% 607110 Travel/Conference/Meetings 11,000 11,000 ‐ 5,073 46.12% 3,125 38.40% 612115 Liability Insurance Charge 3,415 3,415 ‐ 2,919 85.48% ‐ 3,535 21.10% 1100 City Council Total 116,710 116,710 11,239 84,716 72.59% 80,021 5.87% 1200 City Attorney608105 Professional Services 302,000 302,000 155 138,690 45.92% 108,181 28.20%1200 City Attorney Total 302,000 302,000 155 138,690 45.92% 108,181 28.20%1300 City Manager501110 Salaries‐Regular 269,710 269,710 23,883 179,869 66.69% 153,352 17.29% 501115 Salaries‐Overtime ‐ ‐ 9 149 ** 8 94.63%
502100 Retirement 79,735 79,735 5,915 44,682 56.04% 37,468 19.25% 502105 Workers Comp Insurance 6,250 6,250 473 3,561 56.98% ‐ 100.00% 502110 Health/Life Insurance 25,545 25,545 3,603 22,924 89.74% 13,246 73.06% 502111 Medical In‐Lieu Pay 2,100 2,100 ‐ 425 20.24% 881 ‐107.29% 502115 Unemployment Insurance 525 525 11 362 68.95% 480 ‐24.58% 502120 Medicare/Fica 3,580 3,580 342 2,585 72.21% 2,222 16.34%502130 Other Benefit Charges 1,730 1,730 210 1,583 91.50% 77 95.14% 602110 Office Expense 1,200 5,400 1,169 3,477 64.39% ‐ 3,735 6.91% 602115 Postage 250 250 ‐ 2 0.80% 18 ‐800.00%
607100 Membership/Dues 800 800 ‐ 926 115.75% 400 56.80% Administration ‐ Vazquez
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
% Change
From Prior
Year
* = Actual data is reported through February.

ATTACHMENT B

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Acct. No. Description % of Budget
FY 2020/21
Actual
Administration ‐ Vazquez
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
% Change
From Prior
Year
1300 City Manager, Continued
607110 Travel/Conference/Meetings 5,600 5,600 49 1,914 34.18% 299 84.38% 608105 Professional Services 48,000 48,000 8,000 32,000 66.67% 32,265 ‐0.83% 612105 Vehicle Replacement Charge 700 700 58 467 66.71% 473 ‐1.28% 612115 Liability Insurance Charge 27,470 27,470 ‐ 23,485 85.49% 29,602 ‐26.05% 702100 Office Furniture ‐ ‐ ‐ ‐ ** 434 ‐100.00%
1300 City Manager Total 473,195 477,395 43,722 318,411 66.70% 274,960 15.80% 1400 City Clerk501110 Salaries‐Regular 110,905 110,905 8,915 67,015 60.43% 65,600 2.16% 501115 Salaries‐Overtime ‐ ‐ 13 224 ** 145 54.48%
502100 Retirement 34,480 34,480 2,877 22,435 65.07% 20,892 7.39% 502105 Workers Comp Insurance 1,985 1,985 177 1,327 66.85% ‐ 100.00% 502110 Health/Life Insurance 19,080 19,080 1,578 11,566 60.62% 10,642 8.68% 502115 Unemployment Insurance 330 330 16 177 53.64% 248 ‐28.63% 502120 Medicare/Fica 1,550 1,550 124 938 60.52% 906 3.53% 502130 Other Benefit Charges 965 965 78 590 61.14% 33 94.41% 602110 Office Expense 2,250 2,250 39 1,554 69.07% 366 76.45% 602115 Postage 500 500 ‐ 268 53.60% 287 ‐7.09%
602120 Books/Periodicals 100 100 66 66 66.00% 60 10.00% 607100 Membership/Dues 1,130 1,130 ‐ 415 36.73% 520 ‐25.30% 607110 Travel/Conference/Meetings 750 750 ‐ ‐ 0.00% ‐ ** 607115 Training 2,500 2,500 ‐ 70 2.80% ‐ 100.00% 608105 Professional Services 6,000 6,000 2,059 4,040 67.33% 3,047 32.59% 608140 Elections 360 360 ‐ 820 227.78% ‐ (1,179) 169.55% 612105 Vehicle Replacement Charge 580 580 48 387 66.72% 390 ‐0.78% 612115 Liability Insurance Charge 7,050 7,050 ‐ 6,027 85.49% ‐ 7,221 19.81% 1400 City Clerk Total 190,515 190,515 15,990 117,919 61.89% 109,178 8.01% * = Actual data is reported through February.

ATTACHMENT B

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Acct. No. Description % of Budget
FY 2020/21
Actual
Administration ‐ Vazquez
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
% Change
From Prior
Year
1510 Information Technology
501110 Salaries‐Regular 81,120 81,120 5,960 50,803 62.63% 45,578 11.46% 501115 Salaries‐Overtime 10,000 10,000 610 3,644 36.44% ‐ 6,461 43.60% 502100 Retirement Charges 22,940 22,940 1,968 16,298 71.05% 14,545 12.05% 502105 Workers Comp Insurance 1,320 1,320 118 1,006 76.21% ‐ 100.00% 502110 Health/Life Insurance 19,550 19,550 1,326 9,727 49.75% 8,966 8.49% 502115 Unemployment Insurance 300 300 21 161 53.67% 224 ‐28.13% 502120 Medicare/Fica 1,080 1,080 85 722 66.85% 692 4.34% 502130 Other Benefit Charges 680 680 52 447 65.74% 23 1843.48% 602140 Materials & Supplies 15,000 15,000 1,062 6,173 41.15% 4,606 34.02% 603105 Equipment Maintenance 25,000 25,000 9,655 20,995 83.98% 15,423 26.54% 604100 Communications 97,900 97,900 11,531 54,440 55.61% 37,079 31.89%608100 Contractual Services 244,925 248,425 3,337 170,417 68.60% 109,741 55.29%608145 Information Technology ‐ ‐ ‐ ‐ ** 29,952 ‐100.00% 612115 Liability Insurance Charge 5,165 5,165 ‐ 4,416 85.50% ‐ 100.00% 701050 Computer Software ‐ 6,118 ‐ 1,118 18.27% ‐ 41,617 97.31% 701105 Equipment‐General ‐ ‐ ‐ ‐ ** ‐ 41,474 100.00% 1510 Information Technology Total 524,980 534,598 35,725 340,367 63.67% 356,381 ‐4.49% TOTAL ADMINISTRATION‐VAZQUEZ 1,607,400 $ $ 1,621,218 $ 106,831 $ 1,000,103 61.69% 928,721 $ 7.69% * = Actual data is reported through February.

ATTACHMENT B

Page 5 of 25 ends

Acct. No. Description
101 General Fund1410 Personnel/Risk Management501110 Salaries‐Regular $ 91,820 $ 96,240 $ 10,329 $ 57,534 59.78% 52,469 $ 9.65% 501115 Salaries‐Overtime ‐ ‐ ‐ 244 ** ‐ 100.00%
502100 Retirement 18,940 19,305 2,155 13,187 68.31% 11,677 12.93% 502105 Workers Comp Insurance 1,590 1,590 205 1,139 71.64% ‐ 100.00% 502110 Health/Life Insurance 16,075 16,335 1,334 8,904 54.51% 8,305 7.21% 502111 Medical In‐Lieu Pay ‐ ‐ ‐ 500 ** 202 147.52%
502115 Unemployment Insurance 300 300 2 161 53.67% 224 ‐28.13% 502120 Medicare/FICA 1,285 1,390 146 831 59.78% 764 8.77%502130 Other Benefit Charges 800 850 91 506 59.53% 26 1846.15%602110 Office Expense 1,400 1,400 ‐ 33 2.36% 227 ‐85.46%602115 Postage 200 200 13 100 50.00% 89 11.00% 607100 Membership/Dues 725 725 50 475 65.52% ‐ 650 36.84% 607110 Travel/Conference/Meetings 2,000 2,000 350 350 17.50% ‐ 100.00% 607115 Training 6,000 6,000 ‐ (140) ‐2.33% 3,709 ‐103.77%607120 Education Reimbursement Program 10,000 10,000 ‐ 625 6.25% ‐ 100.00%608105 Professional Services 10,000 12,100 419 6,273 51.84% ‐ 7,246 13.43% 608125 Advertising/ Business Dev't 1,800 1,800 425 2,542 141.22% 374 579.68% 609125 Employee/Volunteer Recognition 7,500 7,500 3,802 9,005 120.07% 3,328 170.58%612105 Vehicle Replacement Charge 610 610 51 407 66.72% ‐ 410 0.74% 612115 Liability Insurance Charge 5,840 5,840 ‐ 4,993 85.50% ‐ 100.00% TOTAL ADMINISTRATION‐GUZMAN 176,885 $ $ 184,185 $ 19,372 $ 107,669 58.46% 89,700 $ 20.03% Administration ‐ Guzman
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity During
February
Year to Date
Actual *
FY 2020/21
% of Budget Actual
FY 2021/22
Adopted
Budget
FY 2021/22
% Change
From Prior
Year
* = Actual data is reported through February.

ATTACHMENT B

Page 6 of 25 ends

Acct. No. Description % of Budget
FY 2020/21
Actual
101 General Fund1500 Finance501110 Salaries‐Regular $ 466,220 $ 469,790 $ 34,060 $ 278,499 59.28% 262,503 $ 6.09% 501115 Salaries‐Overtime 500 500 13 129 25.80% ‐ 133 3.10% 501120 Salaries‐Part Time 42,415 38,575 1,443 26,919 69.78% 33,014 ‐18.46% 502100 Retirement 112,590 112,860 9,124 74,497 66.01% 66,920 11.32% 502105 Workers Comp Insurance 8,960 8,960 703 6,047 67.49% ‐ 100.00% 502110 Health/Life Insurance 53,520 53,520 3,978 30,100 56.24% 26,637 13.00% 502111 Medical In‐Lieu Pay 4,920 4,920 458 3,993 81.16% 1,011 74.68%502115 Unemployment Insurance 1,935 1,935 98 872 45.06% ‐ 2,078 58.04% 502120 Medicare/FICA 7,120 7,120 435 3,806 53.46% 3,706 2.70% 502130 Other Benefit Charges 4,470 4,470 300 2,464 55.12% 607 75.37%602110 Office Expense 8,000 8,000 535 1,103 13.79% 1,064 3.67% 602115 Postage 5,000 5,000 257 2,521 50.42% 2,165 14.12%602120 Books/Periodicals 415 415 74 112 26.99% ‐ 100.00% 607100 Membership/Dues 795 795 ‐ 302 37.99% 110 63.58% 607110 Travel/Conference/Meetings 4,200 4,200 ‐ 1,953 46.50% 450 76.96%607115 Training 1,700 1,700 ‐ 410 24.12% 270 51.85% 608105 Professional Services 88,035 116,161 9,558 50,650 43.60% 41,806 17.46% 608107 Financial Services 17,600 17,600 867 6,669 37.89% 10,624 ‐37.23% 608130 Temporary Help ‐ ‐ ‐ ‐ ** ‐ 35,287 100.00%611116 Payment to Other Agencies ‐ ‐ ‐ 587 ** 470 24.89% 612105 Vehicle Replacement Charge 1,220 1,220 102 813 66.64% ‐ 823 1.23% 612115 Liability Insurance Charge 32,350 32,350 ‐ 27,657 85.49% 37,622 ‐36.03% 702100 Furniture‐Office 600 600 ‐ ‐ 0.00% ‐ **
1500 Finance Total 862,565 890,691 62,005 520,103 58.39% 527,300 ‐1.36% Finance‐Bannigan
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
% Change
From Prior
Year
FY 2021/22
Adopted
Budget
FY 2021/22
* = Actual data is reported through February.

ATTACHMENT B

Page 7 of 25 ends

Acct. No. Description % of Budget
FY 2020/21
Actual
Finance‐Bannigan
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
% Change
From Prior
Year
FY 2021/22
Adopted
Budget
FY 2021/22
1600 Non‐Departmental602100 Special Dept Expense 3,000 3,000 ‐ 446 14.87% ‐ 100.00% 602110 Office Expense ‐ ‐ ‐ ‐ ** ‐ 1,620 100.00% 611105 Revenue Sharing‐City of Anaheim 40,000 40,000 ‐ ‐ 0.00% ‐ ** 611116 Payment to Other Agencies 5,000 ‐ 5,000 ‐ 0.00% ‐ ** 1600 Non‐Departmental Total 48,000 48,000 ‐ 446 0.93% ‐ 1,620 72.47% TOTAL FINANCE $ 910,565 $ 938,691 $ 62,005 $ 520,549 55.45% 528,920 $ ‐1.58% * = Actual data is reported through February.

ATTACHMENT B

Page 8 of 25 ends

Acct. No. Description % of Budget
101 General Fund1520 Emergency Services602140 Materials & Supplies $ 5,000 $ 5,000 $ ‐ $ 55 1.10% $            ‐ 16,704 4060.73% 608105 Professional Services ‐ 52,796 12,444 41,552 78.70% ‐ 100.00% 701105 Equipment‐General ‐ ‐ ‐ ‐ ** 176 ‐100.00%
1520 Emergency Services 5,000 68,466 12,444 41,607 60.77% 16,880 59.43% 2100 Law Enforcement602100 Special Dept Expense 3,000 3,000 ‐ ‐ 0.00% 678 ‐100.00% 602110 Office Expense 1,500 1,500 296 1,466 97.73% 353 75.92% 602145 Gas/Oil/Lube 3,000 3,000 65 388 12.93% 699 ‐80.15% 603125 Vehicle Maintenance ‐ ‐ ‐ ‐ ** 4,490 ‐100.00%604100 Communications 36,030 36,030 8,305 23,021 63.89% 22,920 0.44% 608100 Contractual Services 18,350 18,350 1,529 12,232 66.66% 16,774               ‐27.08% 608160 O.C.S.D. Contract 8,629,270 8,174,004 592,402 5,593,919 68.44% 3,375,142 65.74% 612105 Vehicle Replacement Charge 8,700 8,700 725 5,800 66.67% 5,880 ‐1.38% 702100 Furniture‐Office ‐ ‐ ‐ ‐ ** 108 ‐100.00%
2100 Law Enforcement Total 8,699,850 8,244,584 603,322 5,636,826 68.37% 3,427,044 39.20%2200 Fire Protection 602100 Special Department Expense 40,800 40,800 ‐                 20,557 50.38% 19,600 4.66% 608185 O.C.F.A. Contract 3,626,060 3,276,060 ‐                 1,855,286 56.63% 2,782,637 ‐49.98% 2200 Fire Protection Total 3,666,860 3,316,860 ‐                 1,875,843 56.55% 2,802,237 ‐49.39% 2230 Ambulance Services
608190 Contractual Ambulance Svcs 2,500 2,500 200 400 16.00% 1,386 ‐71.14% 2230 Ambulance Services Total 2,500 2,500 200 400 16.00%                 ‐ 1,386 71.14% 2400 Animal Control Services608170 Animal Control Services 191,390 192,390 48,620 143,546 74.61% 136,710 4.76% 2400 Animal Control Services Total 191,390 192,390 48,620 143,546 74.61% 136,710 4.76% % Change
From Prior
Year
FY 2020/21
Actual
Public Safety‐Wren
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
* = Actual data is reported through February.

ATTACHMENT B

Page 9 of 25 ends

Acct. No. Description % of Budget
% Change
From Prior
Year
FY 2020/21
Actual
Public Safety‐Wren
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
2500 Public Safety‐Other
501110 Salaries‐Regular 58,390 58,390 4,115 37,324 63.92% 33,039 12.97% 501120 Salaries‐Part Time ‐ ‐ ‐ ‐ ** 4,445 ‐100.00%
502100 Retirement Charges 11,765 11,765 1,005 7,911 67.24% ‐ 8,147 2.90%502105 Workers Comp Insurance 945 945 81 647 68.47% ‐ 100.00% 502110 Health/Life Insurance 705 705 34 262 37.16% 597 ‐56.11% 502111 Medical In‐Lieu Pay 2,100 2,100 ‐ 1,138 54.19% 350 69.24%502115 Unemployment Insurance 105 105 ‐ 56 53.33% 78 ‐39.29%502120 Medicare/FICA 785 785 60 489 62.29% 562 ‐12.99% 502130 Other Benefit Charges 375 375 36 288 76.80% 81 71.88% 602100 Special Department Expense ‐ ‐ ‐ 100 ** ‐ 100.00% 602110 Office Expense 1,200 1,200 387 759 63.25% 771 ‐1.56% 602115 Postage 250 250 ‐ 1 0.40% 101 ‐99.01%
602135 Safety Equipment ‐ ‐ ‐ 876 ** ‐ 100.00%
602140 Materials & Supplies ‐ ‐ ‐ 64 ** ‐ 100.00%
607115 Training 700 700 41 41 5.86% ‐ 100.00%
608100 Contractual Services 4,680 4,680 ‐ 4,678 99.96% ‐ 100.00% 612115 Liability Insurance Charge 28,175 28,175 ‐ 24,087 85.49% 27,884 ‐15.76%2500 Public Safety‐Other Total 110,175 110,175 5,759 78,721 71.45% 76,055 3.51% 4300 Parking Control501110 Salaries‐Regular 142,590 142,590 10,583 85,977 60.30% 84,270 2.03% 502115 Salaries‐Overtime ‐ ‐ ‐ 33 ** ‐ 100.00%
501120 Salaries‐Part Time 12,350 12,350 1,108 8,582 69.49% 8,015 7.07% 502100 Retirement 36,055 36,055 3,194 25,803 71.57% 24,496 5.34%502105 Workers Comp Insurance 2,735 2,735 231 1,872 68.45% ‐ 100.00% 502110 Health/Life Insurance 14,050 14,050 1,130 8,307 59.12% 7,690 8.02% 502111 Medical In‐Lieu Pay 4,140 4,140 270 2,648 63.96% 690 73.94% 502115 Unemployment Insurance 705 705 92 350 49.65% 482 ‐37.71% * = Actual data is reported through February.

ATTACHMENT B

Page 10 of 25 ends

Acct. No. Description % of Budget
% Change
From Prior
Year
FY 2020/21
Actual
Public Safety‐Wren
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
4300 Parking Control, Continued
502120 Medicare/FICA 2,220 2,220 171 1,396 62.88% 1,359 2.72% 502130 Other Benefit Charges 1,445 1,445 94 761 52.66% 158 79.24% 602110 Office Expense 6,500 6,500 ‐ 5,302 81.57% 154 97.10% 602115 Postage 500 500 12 141 28.20% 103 26.95%
602130 Clothing 4,500 4,500 281 410 9.11% ‐ 100.00%
604100 Communications 1,000 1,000 55 309 30.90% 600 ‐94.17% 608105 Professional Services 15,000 15,000 1,331 17,734 118.23% 17,737 ‐0.02% 612105 Vehicle Replacement Charge 7,100 7,100 592 4,733 66.66% 2,397 49.36% 4300 Parking Control Total 250,890 250,890 19,144 164,358 65.51% 148,151 10.94% 6200 Code Enforcement501110 Salaries‐Regular 330,660 330,660 24,527 197,819 59.83% 187,497 5.51% 502115 Salaries‐Overtime ‐ ‐ ‐ 14 ** ‐ 100.00%
501120 Salaries‐Part Time 12,350 12,350 1,108 8,582 69.49% 7,631 12.46% 502100 Retirement 82,925 82,925 6,918 55,653 67.11% 51,537 7.99%502105 Workers Comp Insurance 6,050 6,050 508 4,087 67.55% ‐ 100.00% 502110 Health/Life Insurance 40,430 40,430 3,580 26,475 65.48% 23,829 11.10% 502111 Medical In‐Lieu Pay 4,560 4,560 130 2,665 58.44% 760 71.48% 502115 Unemployment Insurance 1,290 1,290 127 664 51.47% 919 ‐38.40% 502120 Medicare/FICA 4,835 4,835 365 2,970 61.43% 2,800 6.07% 502130 Other Benefit Charges 3,010 3,010 216 1,745 57.97% 204 88.31%602110 Office Expense 1,500 1,500 ‐ ‐ 0.00% 332 ‐100.00%602115 Postage 1,000 1,000 7 343 34.30% 480 ‐39.94% 602160 Code Enforcement Equipment 8,000 8,000 2,967 3,074 38.43% ‐ 100.00% 603105 Equipment Maintenance 1,000 1,000 ‐ ‐ 0.00% ‐ ** 604100 Communications 800 800 ‐ ‐ 0.00% 624 ‐100.00%
607100 Membership/Dues 800 800 ‐ 380 47.50% 475 ‐25.00% 607105 Mileage Reimbursement 100 100 ‐ ‐ 0.00% ‐ **
* = Actual data is reported through February.

ATTACHMENT B

Page 11 of 25 ends

Acct. No. Description % of Budget
% Change
From Prior
Year
FY 2020/21
Actual
Public Safety‐Wren
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
6200 Code Enforcement, Continued
607110 Travel/Conference/Meetings 1,500 1,500 ‐ ‐ 0.00% ‐ ** 607115 Training 1,000 1,000 ‐ 250 25.00% 71 71.60%
608100 Contractual Services 4,000 4,000 315 2,205 55.13% 2,205 0.00% 608105 Professional Services 5,000 5,000 223 2,166 43.32% 2,532 ‐16.90% 608180 Prosecution/Code Enforcement ‐ ‐ ‐ ‐ ** 18,249 ‐100.00% 612105 Vehicle Replacement Charge 9,060 9,060 755 6,040 66.67% 3,720 38.41% 6200 Code Enforcement Total 519,870 519,870 41,746 315,132 60.62% 303,865 3.71% 101 GENERAL FUND TOTAL $ 13,446,535 $ 12,773,735 $ 731,235 $ 8,256,433 64.64% $ 6,912,328 19.45% 102 General Fund (Transactions & Use Tax)
2100 Law Enforcement608160 O.C.S.D. Contract 3,498,000 3,847,960 308,195 2,405,434 62.51% 4,125,174 ‐41.69% 2100 Law Enforcement Total 3,498,000 3,847,960 308,195 2,405,434 62.51% 4,125,174 ‐41.69% 2200 Fire Protection
608185 O.C.F.A. Contract 1,500,000 1,857,500 ‐ 711,489 38.30% 899,158 ‐20.87%2200 Fire Protection Total 1,500,000 1,857,500 ‐ 711,489 38.30% 899,158 ‐20.87% 102 TRANSACTIONS AND USE TAX TOTAL 4,998,000 $ $ 5,705,460 $ 308,195 $ 3,116,923 54.63% $ 5,024,332 ‐37.96% TOTAL PUBLIC SAFETY $ 18,444,535 $ 18,479,195 $ 1,039,430 $ 11,373,356 61.55% 11,936,660 $ ‐4.72% * = Actual data is reported through February.

ATTACHMENT B

Page 12 of 25 ends

Acct. No. Description % of Budget
FY 2020/21
Actual
101 General Fund3000 Public Works Administration
501110 Salaries‐Regular 318,785 $ $ 309,526 $ 19,438 $ 167,594 54.15% 177,063 $ ‐5.35% 501120 Salaries‐Part Time 16,710 16,710 1,303 10,019 59.96% 8,955 11.88% 502100 Retirement Charges 68,410 68,654 4,688 40,502 58.99% 40,192 0.77%502105 Workers Comp Insurance 5,820 6,037 411 3,517 58.26% ‐ 100.00%502110 Health/Life Insurance 50,580 42,270 1,551 17,409 41.19% 25,975 ‐32.98% 502111 Medical In‐Lieu Pay 600 5,575 550 3,400 60.99% 302 100.00% 502115 Unemployment Insurance 1,200 1,200 78 745 62.08% 747 100.00%502120 Medicare/FICA 4,575 4,307 303 2,577 59.83% ‐ 2,672 3.56% 502130 Other Benefit Charges 2,680 2,594 172 1,480 57.05% 217 85.34% 607110 Travel/Conference/Meetings ‐ 1,000 552 552 55.20% ‐ 100.00% 608130 Temporary Help ‐ 16,480 ‐ 16,480 100.00% ‐ 100.00% 612115 Liability Insurance Charge 38,215 38,215 ‐ 32,671 85.49% 45,926 ‐40.57%3000 Public Works Administration Total 507,575 512,568 29,046 296,946 57.93% 302,049 ‐1.69% 3100 Engineering501110 Salaries‐Regular 39,040 42,670 3,555 21,319 49.96% 30,884 ‐30.97% 501115 Salaries‐Overtime ‐ ‐ ‐ ‐ ** 697 ‐100.00% 502100 Retirement 8,525 10,740 829 4,387 40.85% ‐ 7,002 37.35%502105 Workers Comp Insurance 715 965 70 422 43.73% ‐ 100.00% 502110 Health/Life Insurance 8,920 9,730 508 2,148 22.08% ‐ 7,247 70.36% 502115 Unemployment Insurance 135 195 23 161 82.56% 146 9.32%502120 Medicare/FICA 565 610 51 305 50.00% 426 ‐39.67% 502130 Other Benefit Charges 360 420 31 188 44.76% 15 92.02% 602110 Office Expense 2,100 2,100 ‐ 76 3.62% ‐ 100.00%
602115 Postage ‐ ‐ 1 15 ** 371 ‐95.96%
602140 Materials & Supplies 2,500 2,500 ‐ 634 25.36% 281 125.62% % Change
From Prior
Year
Public Works ‐ Ames
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
* = Actual data is reported through February.

ATTACHMENT B

Page 13 of 25 ends

Acct. No. Description % of Budget
FY 2020/21
Actual
% Change
From Prior
Year
Public Works ‐ Ames
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
3100 Engineering, Continued607100 Membership/Dues 1,850 1,850 ‐ 900 48.65% 384 57.33% 607110 Travel/Conference/Meetings 1,300 1,300 90 111 8.54% ‐ 100.00%607115 Training 1,000 1,000 ‐ ‐ 0.00% ‐ ** 608105 Professional Services ‐ 20,000 ‐ ‐ ** ‐ 2,892 100.00% 608110 Engineering Services 44,400 47,650 ‐ 15,987 33.55% 26,603 ‐39.91%608120 Plan Checking Services 33,300 30,700 ‐ 1,548 5.04% 12,471 ‐87.59% 612105 Vehicle Replacement Charge 680 680 57 453 66.62% 460 ‐1.55% 3100 Engineering Total 145,390 173,110 5,215 48,654 28.11% 89,879 ‐45.87% 3200 Public Facilities501110 Salaries‐Regular 21,950 21,950 3,845 38,198 174.02% 14,721 159.48% 501115 Salaries‐Overtime 300 300 ‐ 491 163.67% 74 84.93% 502100 Retirement 5,185 5,185 899 8,914 171.92% 3,341 166.81% 502105 Workers Comp Insurance 425 425 76 756 177.88% ‐ 100.00% 502110 Health/Life Insurance 4,820 4,820 490 5,046 104.69% 2,736 84.43% 502115 Unemployment Insurance 150 150 73 223 148.67% 105 52.91% 502120 Medicare/FICA 305 305 56 561 183.93% 213 163.38% 502130 Other Benefit Charges 200 200 34 336 168.00% 7 4700.00% 602100 Special Dept Expense 7,885 7,885 346 997 12.64% ‐ (1,019) 197.84% 602110 Office Expense 2,100 2,100 ‐ ‐ 0.00% 54 ‐100.00%602130 Clothing 3,500 3,500 (58) 1,717 49.06% ‐ 2,861 39.99%602135 Safety Equipment 500 500 107 107 21.40% 563 ‐80.99% 602140 Materials & Supplies 8,000 8,000 215 2,309 28.86% ‐ 3,567 35.27% 603110 Building Maintenance 123,240 123,240 8,221 46,630 37.84% 47,778 ‐2.40% 604100 Communications 35,000 35,000 664 3,481 9.95% 3,232 7.70% 604105 Utilities 140,000 140,000 11,735 96,887 69.21% 93,589 3.40% 608100 Contractual Services 65,000 100,980 6,944 42,450 42.04% 33,259 27.63% 611110 O.C. Sanitation District User Fee 14,120 14,120 ‐ 13,985 99.04% 17,704 ‐26.59% * = Actual data is reported through February.

ATTACHMENT B

Page 14 of 25 ends

Acct. No. Description % of Budget
FY 2020/21
Actual
% Change
From Prior
Year
Public Works ‐ Ames
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
3200 Public Facilities, Continued
612105 Vehicle Replacement Charge 3,660 3,660 305 2,440 66.67% ‐ 2,473 1.35% 3200 Public Facilities Total 436,340 472,320 33,952 265,528 56.22% 225,258 17.88% 3300 Crossing Guard
608175 Crossing Guard Services 43,165 43,165 2,097 20,631 47.80% 4,141 79.93% 3300 Crossing Guard Total 43,165 43,165 2,097 20,631 47.80% 4,141 79.93% 3400 Parks Maintenance
501110 Salaries‐Regular 75,595 75,595 3,441 43,328 57.32% 37,844 14.49% 501115 Salaries‐Overtime 2,500 2,500 387 2,268 90.72% 1,504 50.80% 502100 Retirement 15,705 15,705 802 10,076 64.16% 8,526 18.18% 502105 Workers Comp Insurance 1,320 1,320 68 858 65.00% ‐ 100.00% 502110 Health/Life Insurance 11,420 11,420 692 7,203 63.07% 5,674 26.95% 502111 Medical In‐Lieu Pay 840 840 70 542 64.52% 140 74.17% 502115 Unemployment Insurance 405 405 73 229 56.54% 267 ‐16.59% 502120 Medicare/Fica 1,060 1,060 57 669 63.11% 575 16.35% 502130 Other Benefit Charges 680 680 30 381 56.03% 19 95.01% 602100 Special Dept Expense 5,000 5,000 ‐ 595 11.90% 188 216.49% 603105 Equipment Maintenance 15,000 15,000 637 8,817 58.78% 7,887 11.79% 604105 Utilities 176,000 176,000 9,804 100,603 57.16% 97,640 2.95% 605100 Land Lease 3,000 20,500 2,575 5,834 28.46% 5,161 13.04% 608100 Contractual Services 99,700 124,700 15,660 61,332 49.18% 53,629 14.36%612105 Vehicle Replacement Charge 4,455 4,455 371 2,970 66.67% ‐ 3,010 1.33% 3400 Parks Maintenance Total 412,680 455,180 34,667 245,705 53.98% 222,064 10.65% 3500 Street Maintenance501110 Salaries‐Regular 106,230 106,230 10,629 60,206 56.68% 59,674 0.89% 501115 Salaries‐Overtime 4,000 4,000 274 2,972 74.30% 1,812 64.02% 502100 Retirement 23,180 23,180 2,478 13,915 60.03% 13,511 2.99%502105 Workers Comp Insurance 1,930 1,930 210 1,192 61.76% ‐ 100.00% * = Actual data is reported through February.

ATTACHMENT B

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Acct. No. Description % of Budget
FY 2020/21
Actual
% Change
From Prior
Year
Public Works ‐ Ames
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2021/22
Adopted
Budget
FY 2021/22
3500 Street Maintenance, Continued
502110 Health/Life Insurance 16,000 16,000 1,965 10,271 64.19% 8,750 17.38% 502111 Medical In‐Lieu Pay 2,310 2,310 193 1,492 64.59% 385 74.20% 502115 Unemployment Insurance 615 615 175 384 62.44% 428 ‐11.46% 502120 Medicare/FICA 1,515 1,515 161 937 61.85% 902 3.88% 502130 Other Benefit Charges 970 970 94 530 54.64% 30 94.34% 602100 Special Dept Expense 3,000 3,000 ‐ ‐ 0.00% ‐ ** 602125 Small Tools 4,000 4,000 ‐ ‐ 0.00% 921 ‐100.00% 602140 Materials & Supplies 65,000 45,000 6,109 15,945 35.43% ‐ 39,625 59.76% 603105 Equipment Maintenance 2,000 2,000 ‐ 999 49.95% ‐ 100.00% 608100 Contractual Services 190,000 161,000 14,854 108,946 67.67% 125,533 ‐13.21% 612105 Vehicle Replacement Charge 18,230 18,230 1,519 12,153 66.66% 6,587 45.80% 710190 Pavement Maintenance 60,000 ‐ 884 1,396 ** ‐ 100.00% 3500 Street Maintenance Total 498,980 389,980 39,545 231,338 59.32% 258,158 ‐10.39% 3600 Storm Drain Maintenance
608155 Storm Water Monitor Program 115,860 115,860 4,378 75,276 64.97% 78,743 ‐4.40% 3600 Storm Drain Maintenance Total 115,860 115,860 4,378 75,276 64.97% 78,743 ‐4.40% 6300 Graffiti Abatement501110 Salaries‐Regular 38,570 38,570 793 5,009 12.99% ‐ 23,606 371.27% 501115 Salaries‐Overtime 8,000 8,000 21 890 11.13% 248 72.13%502100 Retirement Charges 8,935 8,935 185 1,147 12.84% ‐ 5,351 366.52%502105 Workers Comp Insurance 735 735 16 99 13.47% ‐ 100.00% 502110 Health/Life Insurance 8,215 8,215 187 1,228 14.95% ‐ 4,390 257.49% 502115 Unemployment Insurance 255 255 17 54 21.18% 173 ‐220.37% 502120 Medicare/FICA 540 540 12 85 15.74% 343 ‐303.53%
502130 Other Benefit Charges 350 350 7 44 12.57% 12 72.73% 602140 Materials & Supplies 15,000 20,000 2,690 9,828 49.14% 8,026 22.45% 603105 Equipment Maintenance 7,500 7,500 557 1,001 13.35% 831 20.46% * = Actual data is reported through February.

ATTACHMENT B

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ATTACHMENT B

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Acct. No. Description
% of
Budget
FY 2020/21
Actual
101 General Fund4000 Community Development Administration 501110 Salaries‐Regular $ 177,760 $ 177,760 $ 13,306 $ 102,602 57.72% 46,980 $ 118.40% 501115 Salaries‐Overtime ‐ ‐ 11 187 ** 20 89.30% 502100 Retirement Charges 52,005 52,005 3,153 24,367 46.86% 12,021 102.70% 502105 Workers Comp Insurance 4,280 4,280 263 2,032 47.48% ‐ 100.00% 502110 Health/Life Insurance 17,810 17,810 980 8,243 46.28% 5,166 59.56% 502115 Unemployment Insurance 345 345 13 185 53.62% 261 ‐29.12% 502120 Medicare/FICA 2,315 2,315 188 1,459 63.02% 658 121.73% 502130 Other Benefit Charges 1,145 1,145 117 903 78.86% 23 97.45% 602110 Office Expense 1,000 1,000 150 928 92.80% 843 10.08% 602120 Books/Periodicals 1,200 1,200 ‐ 178 14.83% 337 ‐89.33% 607100 Membership/Dues 1,600 1,600 969 969 60.56% ‐ 100.00%607110 Travel/Conference/Meetings ‐ ‐ ‐ 22 ** ‐ 100.00% 607115 Training 1,200 1,200 ‐ 289 24.08% ‐ 100.00%612115 Liability Insurance Charge 52,965 52,965 ‐ 45,281 85.49% 38,261 15.50% 702100 Office Furniture ‐ ‐ ‐ ‐ ** 234 ‐100.00%
4000 Community Development Administration Total 313,625 313,625 19,150 187,645 59.83% 104,804 79.04% 4100 Planning501110 Salaries‐Regular 207,355 242,760 12,026 127,897 52.68% 154,042 ‐16.97% 501115 Salaries‐Overtime 1,200 1,200 ‐ 695 57.92% 960 ‐27.60% 501125 Salaries‐Appointed 9,000 9,000 692 5,884 65.38% 4,725 24.53% 502100 Retirement 65,640 73,385 2,811 29,427 40.10% 33,961 ‐13.35%502105 Workers Comp Insurance 5,655 6,315 238 2,532 40.10% ‐ 100.00% 502110 Health/Life Insurance 29,995 33,980 1,471 15,074 44.36% 18,667 ‐19.25% 502115 Unemployment Insurance 900 1,050 4 349 33.24% ‐ 1,068 67.32% 502120 Medicare/FICA 3,140 3,660 184 1,947 53.20% 2,271 ‐14.27% 502130 Other Benefit Charges 2,095 2,455 106 1,125 45.82% 77 93.16% Community Development‐Lilley
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
% Change
From Prior
Year
FY 2021/22
Adopted
Budget
FY 2021/22
* = Actual data is reported through February.

ATTACHMENT B

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Acct. No. Description
% of
Budget
FY 2020/21
Actual
Community Development‐Lilley
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
% Change
From Prior
Year
FY 2021/22
Adopted
Budget
FY 2021/22
4100 Planning, Continued
602110 Office Expense                  ‐                 ‐ ‐ 49 ** (185) 477.55% 602115 Postage 750 750 (48) 146 19.47% 573 ‐292.47%
602140 Materials & Supplies 1,000 1,000 ‐ ‐ 0.00% ‐ **
607100 Membership/Dues 2,500 2,500 ‐ 721 28.84% 470 34.81% 607110 Travel/Conference/Meetings 8,200 8,200 ‐ 114 1.39% 155 ‐26.45% 607115 Training 1,550 1,550 ‐ ‐ 0.00% ‐ **
608100 Contractual Services 4,000 4,000 ‐ 1,706 42.65% ‐ 100.00% 608105 Professional Services ‐ 261,087 15,478 121,042 46.36% 79,830 34.05% 608135 Microfilming 1,000 1,000 ‐ ‐ 0.00% ‐ **
612105 Vehicle Replacement Charge 610 610 51 407 66.72% 410 ‐0.74% 4100 Planning Total 344,590 654,502 33,013 309,115 47.23% 297,024 4.07% 4200 Building Regulation501110 Salaries‐Regular 50,370 52,900 4,309 30,379 57.43% 43,870                ‐30.75% 502100 Retirement 14,085 14,310 1,007 7,099 49.61% 9,587                   ‐25.95%502105 Workers Comp Insurance 1,130 1,130 85 602 53.27% ‐ 100.00% 502110 Health/Life Insurance 9,760 10,175 782 5,623 55.26% 6,368                   ‐11.70% 502111 Medical In‐Lieu Pay ‐ ‐                 44 242 ** ‐ 100.00% 502115 Unemployment Insurance 300 300 70 265 88.33% 274 ‐3.28% 502120 Medicare/FICA 730 760 63 444 58.42% 620 ‐28.39%
502130 Other Benefit Charges 480 480 38 267 55.63% 22 91.76% 602110 Office Expense 200 200 38 83 41.50% 114 ‐27.19%
602115 Postage 700 700 ‐ 13 1.86% 100 ‐87.00%
602120 Books/Periodicals 500 500 ‐ ‐ 0.00% ‐ **
607100 Membership/Dues 250 250 ‐ ‐ 0.00% ‐ **607110 Travel/Conference/Meetings 500 500 ‐ ‐ 0.00% ‐ **607115 Training 1,000 1,000 ‐ ‐ 0.00% 350 ‐100.00% 608115 Inspection Services 700,000 700,000 53,841 233,479 33.35% 519,516              ‐55.06% * = Actual data is reported through February.

ATTACHMENT B

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Acct. No. Description
% of
Budget
FY 2020/21
Actual
Community Development‐Lilley
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
% Change
From Prior
Year
FY 2021/22
Adopted
Budget
FY 2021/22
4200 Building Regulation, Continued
608135 Microfilming 2,000                ‐ 2,000 ‐ 0.00% ‐ ** 611116 Payment to Other Agencies 2,250 2,250 ‐ 362 16.09%                   ‐ 1,196 69.73% 4200 Building Regulation Total 784,255 787,455 60,277 278,858 35.41% 582,017              ‐52.09% 4400 Business Relations
607100 Membership/Dues 2,000 2,000 ‐ 570 28.50% ‐ 100.00% 607115 Training 2,500 2,500 ‐ ‐ 0.00% ‐ **
608100 Contractual Services 2,250 2,250 ‐ ‐ 0.00% 17,000                ‐100.00% 608105 Professional Services 15,000 15,000 ‐ ‐ 0.00% ‐ ** 608145 Information Technology 3,750 3,750 ‐ ‐ 0.00% 300 ‐100.00% 609100 Special Events 12,300 12,300 ‐ ‐ 0.00% ‐ **
610210 Business Relations Programs ‐ ‐                 ‐ ‐ ** 19 ‐100.00% 4400 Business Relations 37,800 37,800 ‐ 570 1.51%                ‐ 17,319 96.71% 101 GENERAL FUND TOTAL $ 1,480,270 $ 1,793,382 $ 112,440 $ 776,188 43.28% 1,001,164 $ ‐22.47% 102 General Fund (Transactions & Use Tax)
4100 Planning608105 Professional Services ‐ 5,310 5,310 5,310 100.00% 9,310                   ‐42.96% 102 TRANSACTIONS AND USE TAX TOTAL $ ‐ $ 5,310 $ 5,310 $ 5,310 100.00% 9,310 $              ‐42.96% TOTAL COMMUNITY DEVELOPMENT $ 1,480,270 $ 1,798,692 $ 117,750 $ 781,498 43.45% 1,010,474 $ ‐22.66% * = Actual data is reported through February.

ATTACHMENT B

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Acct. No. Description % of Budget
101 General Fund5000 Public Information Office
501110 Salaries‐Regular $ 82,975 $ 76,410 $ 1,574 $ 45,342 59.34% $ ‐ 100.00% 502100 Retirement Charges 18,765 18,055 368 10,487 58.08% ‐ 100.00% 502105 Workers Comp Insurance 1,575 1,575 31 898 57.02% ‐ 100.00% 502110 Health/Life Insurance 12,445 11,225 187 6,569 58.52% ‐ 100.00% 502115 Unemployment Insurance 375 375 2 174 46.40% ‐ 100.00%502120 Medicare/FICA 1,190 1,070 23 657 61.40% ‐ 100.00% 502130 Other Benefit Charges 775 690 14 399 57.83% ‐ 100.00% 602113 Social Media 2,500 2,500 670 1,315 52.60% 750 42.97% 607100 Membership/Dues ‐ 250 ‐ 252 100.80% ‐ 100.00%608105 Professional Services ‐ 10,000 ‐ ‐ 0.00% ‐ ** 5000 Public Information Office 120,600 122,150 2,869 66,093 54.11% 750 98.87% 5100 Community Services Administration
501110 Salaries‐Regular 279,875 283,185 20,475 163,980 57.91% 224,944 ‐27.10% 501120 Salaries‐Part Time 1,840 1,840 ‐ 2,171 117.99% ‐ 29,635 92.67% 502100 Retirement 65,905 66,180 5,342 42,829 64.72% 55,603 ‐22.97%502105 Workers Comp Insurance 4,940 4,940 405 3,290 66.60% ‐ 100.00% 502110 Health/Life Insurance 29,000 29,195 2,288 17,328 59.35% 27,006 ‐35.84%502111 Medical In‐Lieu Pay 6,000 6,000 500 4,125 68.75% 1,500 63.64% 502115 Unemployment Insurance 900 900 62 450 50.00% 1,404 ‐67.95% 502120 Medicare/FICA 3,890 3,970 288 2,351 59.22% 3,628 ‐35.20% 502130 Other Benefit Charges 2,245 2,285 180 1,444 63.19% 539 62.67% 602100 Special Dept Expense 18,950 87,550 2,840 74,749 85.38% 3,486 2044.26% 602110 Office Expense 3,185 3,185 359 1,903 59.75% 743 156.12% 602115 Postage 500 500 5 367 73.40% 3,221 ‐777.66% 603110 Building Maintenance 10,485 7,785 450 1,575 20.23% 225 85.71% 607100 Membership/Dues 1,160 910 ‐ 892 98.02% ‐ 100.00% Community Service ‐ Bobadilla
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2020/21
Actual
FY 2021/22
Adopted
Budget
FY 2021/22
% Change
From Prior
Year
* = Actual data is reported through February.

ATTACHMENT B

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Acct. No. Description % of Budget
Community Service ‐ Bobadilla
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2020/21
Actual
FY 2021/22
Adopted
Budget
FY 2021/22
% Change
From Prior
Year
5100 Community Services Administration, Continued
607115 Training 1,500 900 ‐ 295 32.78% 40 86.44% 609100 Special Events 11,500 16,700 2,474 12,413 74.33% 3,484 71.93% 609125 Employee/Volunteer Recognition ‐ ‐ ‐ ‐ ** 223 ‐100.00% 612105 Vehicle Replacement Charge 7,845 7,845 654 5,230 66.67% 4,533 13.33% 612115 Liability Insurance Charge 59,295 59,295 ‐ 50,693 85.49% 53,636 ‐5.81% 701105 Equipment‐General ‐ ‐ ‐ ‐ ** 2,544 ‐100.00% 5100 Community Services Administration Total 509,015 583,165 36,322 386,085 66.21% 416,394 ‐7.28% 5200 Community Center Operations
501110 Salaries‐Regular 34,750 34,750 1,919 16,290 46.88% ‐ 100.00% 501115 Salaries‐Overtime ‐ ‐ ‐ 164 ** ‐ 100.00% 501120 Salaries‐Part Time 92,150 92,150 2,505 19,529 21.19% ‐ 100.00% 502100 Retirement 14,905 14,905 478 4,319 28.98% ‐ 100.00% 502105 Workers Comp Insurance 2,260 2,260 88 709 31.37% ‐ 100.00% 502110 Health/Life Insurance 6,130 6,130 326 2,546 41.53% ‐ 100.00% 502111 Medical In‐Lieu Pay 2,700 2,700 250 1,875 69.44% ‐ 100.00% 502115 Unemployment Insurance 1,500 1,500 84 230 15.33% ‐ 100.00% 502120 Medicare/FICA 1,855 1,855 68 549 29.60% ‐ 100.00% 502130 Other Benefit Charges 1,370 1,370 18 153 11.17% ‐ 100.00%602100 Special Dept Expense 4,820 5,170 645 2,726 52.73% ‐ 100.00% 602110 Office Expense 1,000 1,000 ‐ 451 45.10% ‐ 100.00% 603110 Building Maintenance 6,695 6,345 857 3,304 52.07% 2,624 25.91% 612105 Vehicle Replacement Charge 395 395 33 263 66.58% 267 ‐1.52% 5200 Community Center Operations 170,530 170,530 7,271 53,108 31.14% 2,891 94.56% 5300 Park Operations501110 Salaries‐Regular 76,300 76,300 5,331 42,914 56.24% 34,914 22.91% 501115 Salaries‐Overtime ‐ ‐ ‐ 1,741 ** ‐ 100.00% 501120 Salaries‐Part Time 102,715 102,715 8,264 66,529 64.77% 47,043 41.42% * = Actual data is reported through February.

ATTACHMENT B

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Acct. No. Description % of Budget
Community Service ‐ Bobadilla
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2020/21
Actual
FY 2021/22
Adopted
Budget
FY 2021/22
% Change
From Prior
Year
5300 Park Operations, Continued
502100 Retirement 15,310 15,310 1,246 10,029 65.51% 7,927 26.52% 502105 Workers Comp Insurance 3,540 3,540 269 2,167 61.21% ‐ 100.00% 502110 Health/Life Insurance 11,275 11,275 826 6,075 53.88% 4,793 26.75% 502111 Medical In‐Lieu Pay 2,000 2,000 100 950 47.50% 313 67.05% 502115 Unemployment Insurance 2,025 2,025 230 1,200 59.26% 936 28.21% 502120 Medicare/FICA 2,545 2,545 198 1,625 63.85% 1,204 34.97% 502130 Other Benefit Charges 2,260 2,260 51 411 18.19% ‐ 695 69.10% 602100 Special Dept Expense 5,500 5,500 1,161 2,153 39.15% ‐ 100.00% 602110 Office Expense 1,000 1,000 39 124 12.40% 386 ‐67.88%5300 Park Operations 224,470 224,470 17,715 135,918 60.55% 98,211 38.39%5400 Senior Citizens Programs501110 Salaries‐Regular 18,040 18,040 1,171 10,925 60.56% 4,674 133.74% 501115 Salaries‐Overtime ‐ ‐ ‐ 74 ** ‐ 100.00% 501120 Salaries‐Part Time 31,995 31,995 1,254 14,677 45.87% 19,371 ‐24.23% 502100 Retirement 3,470 3,470 274 2,553 73.57% 1,061 140.62% 502105 Workers Comp Insurance 880 880 48 507 57.61% ‐ 100.00% 502110 Health/Life Insurance 2,890 2,890 199 1,652 57.16% 722 128.81% 502111 Medical In‐Lieu Pay 1,050 1,050 100 800 76.19% 200 75.00% 502115 Unemployment Insurance 600 600 43 109 18.17% 172 ‐36.63% 502120 Medicare/FICA 725 725 37 384 52.97% 358 7.26%
502130 Other Benefit Charges 665 665 11 103 15.49% 281 ‐172.82% 609200 Senior Citizen Program 1,200 1,500 ‐ 687 45.80% 152 77.87%5400 Senior Citizens Programs 61,515 61,815 3,137 32,471 52.53% 26,991 20.30% 5500 Recreation Programs602115 Postage 9,000 9,000 ‐ 6,216 69.07% ‐ 100.00% 602150 Recreation Brochure Mailing 23,100 23,100 4,807 15,478 67.00% 7,541 51.28% * = Actual data is reported through February.

ATTACHMENT B

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ATTACHMENT B

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Acct. No.

Description
% of Budget
101 General Fund1600 Non‐Departmental800263 Transfer to Liability/Risk Mgmt. Fund $ ‐ $ 131,330 $ ‐ $ ‐ 0.00% $ ‐ ** 800250 Transfer to FACT Grant 17,100 17,100 ‐ 7,125 41.67% ‐ 16,500 131.58% 800251 Transfer to Senior Transportation Fund 10,565 10,565 1,342 5,617 53.17% 2,307 143.48% 800280 Transfer to SCP Maintenance Fund 41,140 57,540 3,428 27,427 47.67% ‐ 100.00% 800305 Transfer to Capital Projects Fund ‐ 104,000 ‐ ‐ 0.00% ‐ ** TOTAL TRANSFERS OUT $ 68,805 $ 320,535 $ 4,770 $ 40,169 12.53% $ 18,807 113.59% Transfers to Other Funds‐Bannigan
February 2022 General Fund Expenditures (67% of year)
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *
% Change
From Prior
Year
FY 2020/21
Actual
FY 2021/22
Adopted
Budget
FY 2021/22
* = Actual data is reported through February.

ATTACHMENT B

Page 25 of 25 ends

General Fund - Fund Balance Status
Measure GG
Transaction &
General Fund Use Tax Fund
(101) (102) Total
Reserves as of June 30, 2021:

Capital Improvement (A) $ 5,000,000 $ 5,000,000
Economic Uncertainty (B) 5,217,000 5,217,000
Emergency Disaster Continuity (C) 2,609,000 2,609,000
Equipment and Maintenance (A) 150,000 150,000
Technology Equipment (A) 150,000 150,000
Subtotal 13,126,000 - 13,126,000
Available Fund Balance (unreserved) 8,224,334 369,100 8,593,434 Total Fund Balance (Reserves & Available
Fund Balance) as of June 30, 2021 21,350,334 369,100 21,719,434 Estimated increase (decrease) of fund balance
during Fiscal Year 2021-22 2,222,551 (369,100) 1,853,451 Total Projected Fund Balance (Reserves &
Available Fund Balance) as of June 30, 2022 $ - 23,572,885 $ 23,572,885 $ Notes:
(A) - Flat amounts per Reserve Policy adopted on June 22, 2021 (City Resolution No. 2021-23). (B) - Amount is equal to 20% of Fiscal Year 2021/22 operating expenditures budgeted in General Fund per Reserve Policy adopted on June 22, 2021 (City Resolution No. 2021-23). (C) - Amount is equal to 10% of Fiscal Year 2021/22 operating expenditures budgeted in General Fund per Reserve Policy adopted on June 22, 2021 (City Resolution No. 2021-23).

ATTACHMENT C
Click here to return to the agenda.

Account
No. Description
FY 2021/22
Adopted
Budget
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *% of Budget
FY 2020/21
Actual *
% Change
From Prior
Year

REVENUES
435100 Interest $ 150,000 $ 50,000 $ ‐ $ 15,616 31.23% $ ‐ 56,578 262.31% 435110 Unrealized Gains/Losses ‐ ‐ (21,545) (91,543) ** (44,527) 51.36% 436140 Tina Way/Pacific Ave. Property Rent 500,000 500,000 1,410 267,155 53.43% 292,535 ‐8.68%437135 Expense Reimbursement 2,000 2,000 ‐ ‐ 0.00% ‐ 1,171 100.00% 437145 Sale Of Assets ‐ 682,000 ‐ 681,902 99.99% 210,000 69.20% TOTAL REVENUES $ 652,000 $ 1,234,000 $ (20,135) $ 873,130 70.76% 515,75 $ 7 69.29%

ESTIMATED EXPENDITURES AND OTHER USES
Salaries and Benefits
501110 Salaries‐Regular 259,540 143,180 10,271 80,252 56.05% 115,206 ‐30.34% 501115 Salaries‐Overtime 5,000 ‐ (2) 268 ** 290 ‐8.21%501120 Salaries‐Part‐Time 2,230 2,020 76 1,416 70.10% 1,401 1.07% 502100 Retirement 71,340 46,215 2,620 20,741 44.88% ‐ 26,387 21.40% 502105 Workers' Compensation 4,500 2,390 205 1,617 67.66% ‐ 100.00% 502110 Health/Life Insurance 36,455 16,770 1,157 8,638 51.51% ‐ 13,004 33.57% 502111 Medical in Lieu 480 480 43 433 90.21% 120 72.29% 502115 Unemployment Insurance 1,035 435 23 199 45.75% ‐ 1,078 81.54%502120 Medicare/FICA 3,675 1,985 140 1,112 56.02% ‐ 1,617 45.41% 502130 Other Benefits 2,205 1,125 90 707 62.84% 78 88.97%608130 Temporary Help ‐ ‐ ‐ ‐ ** ‐ 1,851 100.00% Total‐Salaries and Benefits 386,460 214,600 14,623 115,383 53.77% 161,032 ‐28.35% Maintenance and Operations
602100 Special Department Expense ‐ ‐ ‐ ‐ ** 3,961 ‐100.00% 602110 Office Expense 1,000 1,000 ‐ 147 14.70% ‐ 100.00% 602115 Postage 500 500 ‐ 14 2.80% 208 ‐93.27% 602140 Materials and Supplies 5,000 5,000 44 591 11.82% ‐ 100.00% 602145 Gas/Oil/Lube ‐ ‐ ‐ 20 ** ‐ 100.00%603120 Minor Repairs 15,000 15,000 ‐ ‐ 0.00% ‐ 8,011 100.00% HOUSING AUTHORITY FUND (#285)
February 2022 Revenues and Expenditures (67% of year)
FY 2021/22
ATTACHMENT D - Page 1 of 2 Attachment: D Click here to return to the agenda.

Account
No. Description
FY 2021/22
Adopted
Budget
FY 2021/22
Amended
Budget
Activity
During
February
Year to Date
Actual *% of Budget
FY 2020/21
Actual *
% Change
From Prior
Year
HOUSING AUTHORITY FUND (#285)
February 2022 Revenues and Expenditures (67% of year)
FY 2021/22
Maintenance and Operations , Continued
604105 Utilities 50,000 50,000 7,442 32,995 65.99%                   ‐ 40,328 22.22% 607100 Membership Dues 5,300 5,300 ‐                 ‐ 0.00% ‐ 4,630 100.00% 607110 Travel/Conference/Meetings 1,000 1,000 ‐                 ‐ 0.00% ‐ ** 607115 Training 2,500 2,500 ‐                 ‐ 0.00% ‐ ** 608100 Contractual Services ‐ 2,765,440 2,389 315,759 11.42% 607,712 ‐92.46% 608105 Professional Services 437,000 410,000 14,267 121,376 29.60% 147,727 ‐21.71% 610135 Relocation Assistance 40,000 40,000 13,584 30,973 77.43% 70,832 ‐128.69% 610230 Navigation Center (North SPA) 30,000 30,000 ‐                 ‐ 0.00% ‐ ** 611110 O.C. Sanitation User Fee 21,400 21,400 ‐                 20,837 97.37%                   ‐ 20,933 0.46% Total‐Maintenance and Operations 608,700 3,347,140 37,726 522,712 15.62% 904,342 ‐42.20% Allocated Charges
612105 Vehicle Replacement Charge 10,075 10,075 840 6,717 66.67% 2,047 69.53% 612115 Liability Insurance Charge 16,190 16,190 ‐                 13,841 85.49% ‐ 100.00%612140 Information Technology Charge 24,075 24,075 2,006 16,050 66.67% 11,807 26.44% 614205 Admin Overhead 40,100 20,850 1,652 12,763 61.21% 19,887 ‐35.82% Total‐Allocated Charges 90,440 71,190 4,498 49,371 69.35% 33,741 46.32% Capital Outlay
760100 Demolition/Condemnation ‐ ‐ ‐                 ‐ **                   ‐ 96,075 100.00% 790100 Land Acquisition ‐ ‐ ‐                 ‐ ** 1,961,438 ‐100.00% Total‐Capital Outlay ‐ ‐ ‐                 ‐ ** 2,057,513 ‐100.00% Transfers to Other Funds
800101 Transfer to General Fund ‐ 890,000 ‐                 890,000 100.00% ‐ 100.00% Total‐Transfers to Other Funds ‐ 890,000 ‐ 890,000 100.00% ‐ 100.00% TOTAL EXPENDITURES $ 1,085,600 $ 4,522,930 $ 56,847 $ 1,577,466 34.88% 3,156,62 $         ‐ 8 50.03% REVENUES OVER (UNDER) EXPENDITURES $ (433,600) $ (3,288,930) $ (76,982) $ (704,336) $ (2,640,871) * = Actual data is reported through February.

ATTACHMENT D - Page 2 of 2
Housing Authority Fund (Fund 285) - Fund Balance Status Available Fund Balance as of June 30, 2021 13,007,781 $ Estimated increase (decrease) of fund balance
during Fiscal Year 2021-22 (857,990)
Projected Available Fund Balance as of June 30, 2022 $ 12,149,791

ATTACHMENT E
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Task Code Description
Adopted
Budget
2021/22
FY 2020/21
Budget
Carryover
Other Budget
Adjustments
Amended
Budget
2021/22
YTD
Actual
2021/22 Encumbrances
% Spent
(Includes
Encumbrances)
Remaining
Budget
Street Projects
2021‐105 Traffic Signal Improvements ‐ Fiscal Year 2020/21 $ ‐ $      ‐ 200,740 $ $          ‐ 200,740 $ $ 109,784 54.7% 90,956 $ 2022‐101 Citywide Street Rehabilitation ‐ Fiscal Year 2021/22 2,075,000           ‐                49,253 2,124,253 52,533 7,220 2.8% 2,064,500 2022‐102 Citywide Street Sign Replacement          ‐              150,000 ‐                150,000 513 ‐ 0.3% 149,487 2022‐103 Catch Basin Full Trash Capture Installations ‐ ‐              127,225 127,225 ‐          ‐ 0.0% 127,225 Total Street Projects $ 2,225,000 $ 249,993 $ 127,225 $ 2,602,218 $ 53,046 $ 117,004 6.5% 2,432,168 $ Parks Projects
2021‐201 Park Master Plan $ ‐ $ 100,870 $ ‐ $ 100,870 $ ‐ $ ‐ 0.0% $ 100,870 2021‐202 Hollenbeck Rubber Replacement ‐ 200,735 (200,735) ‐ ‐          ‐ ** ‐ 2021‐203 Premier Park Play Equipment and Rubber ‐ 200,735 (200,735) ‐ ‐          ‐ ** ‐ 2021‐204 Harry Dotson Rubber ‐ 70,510 (70,510) ‐ ‐          ‐ ** ‐ 2021‐205 Dog Park (design) 50,000 ‐              164,000 214,000 ‐          193,962 90.6% 20,038 2022‐201 Family Resource Center Improvements 425,000 ‐              ‐ 425,000 ‐          ‐ 0.0% 425,000 2022‐202 Rehabilitate Building at Dotson Park 141,000 ‐              (141,000) ‐ ‐          ‐ ** ‐ 2022‐203 Orangewood Parkette (design) ‐ ‐              109,100 109,100 ‐          89,060 81.6% 20,040 2022‐204 Norm Ross Sports Park ‐ ‐              7,691,060 7,691,060 ‐          ‐ 0.0% 7,691,060 2022‐205 Replace Shade Structure at Stanton Central Park                 ‐              ‐ 60,000               ‐          60,000 ‐ 0.0% 60,000 2022‐206 Premier Park Renovation (design only) ‐ ‐              150,000 150,000 ‐          ‐ 0.0% 150,000 Total Parks Projects $ 616,000 $ 572,850 $ 7,561,180 $ 8,750,030 $ ‐ $ 283,022 3.2% 8,467,008 $ Sewer
2022‐301 Sewer Master Plan Update $ 500,000 $ ‐ $ 50,000 $ 550,000 $ ‐ $ 499,265 90.8% $ 50,735 Total Sewer $ 500,000 $ ‐ $ 50,000 $ 550,000 $ ‐ $ 499,265 90.8% $ 50,735 Facilities
2022‐605 Sheriff's Substation Flooring Replacement $ ‐ $ ‐ $ 60,000 $ 60,000 $ ‐ $ ‐ 0.0% $ 60,000 Total Facilities $ ‐ $ ‐ $ 60,000 $ 60,000 $ ‐ $ ‐ 0.0% $ 60,000 GRAND TOTAL $ 3,341,000 $ 822,843 $ 7,798,405 $ 11,962,248 $ 53,046 $ 899,291 8.0% 11,009,911 $ Funding Source
101 General Fund $ ‐ $ ‐ $ 104,000 $ 104,000 $ ‐ $ ‐ 0.0% $ 104,000 211 Gas Tax Fund 381,431 ‐              (78,555) 302,876 513 ‐ 0.2% 302,363

CITY OF STANTON
FY 2021/22

STATUS OF CAPITAL IMPROVEMENT PROJECTS (CIP)
JULY 1, 2021 THROUGH FEBRUARY 28, 2022
ATTACHMENT F - Page 1 of 2 Attachment: F Click here to return to the agenda.

CITY OF STANTON
FY 2021/22

STATUS OF CAPITAL IMPROVEMENT PROJECTS (CIP)
JULY 1, 2021 THROUGH FEBRUARY 28, 2022
215 00006 1,060,640 49,253 ‐ 1,109,893 ‐ ‐ 0.0% 1,109,893220 Measure M Turnback Fund 750,000 174,740 (29,109) 895,631 52,533 61,895 12.8% 781,203 222 CDBG Grant Fund 350,000 ‐ ‐ 350,000 ‐ ‐ 0.0% 350,000 227 Other Grants Fund ‐ ‐ 7,792,840 7,792,840 ‐ ‐ 0.0% 7,792,840 257 ARPA Fund ‐ ‐ 60,000 60,000 ‐ ‐ 0.0% 60,000 262 Traffic Signal Impact Fees Fund ‐ 26,000 29,109 55,109 ‐ 55,109 100.0% ‐263 Community Center Impact Fees Fund 141,000 ‐ (141,000) ‐ ‐ ‐ ** ‐ 305 Capital Projects Fund (Reserves) 32,929 ‐ 60,000 92,929 ‐ ‐ 0.0% 92,929 310 Park In‐Lieu Fund 125,000 572,850 (48,880) 648,970 ‐ 283,022 43.6% 365,948 501 Sewer Maintenance Fund 500,000 ‐ 50,000 550,000 ‐ 499,265 90.8% 50,735 GRAND TOTAL $ 3,341,000 $ 822,843 $ 7,798,405 $ 11,962,248 $ 53,046 $ 899,291 8.0% 11,009,911 $ ATTACHMENT F - Page 2 of 2

CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: April 12, 2022
SUBJECT: FISCAL YEAR 2020-21 SINGLE AUDIT REPORT
REPORT IN BRIEF:

On March 8, 2022, the City Council received a number of reports issued by the City’s auditors for the Fiscal Year 2020-21 audit. There was one report that was outstanding. The final audit report for the Fiscal Year 2020-21 audit has been issued and is included as Attachment A.

RECOMMENDED ACTIONS:

2. Receive and file the Annual Comprehensive Financial Report (ACFR), and related audit reports.

ANALYSIS/JUSTIFICATION:

Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) requires a single audit is performed when federal expenditures spent during a fiscal year exceed $750,000. The City spent $2,105,446 in federal expenditures during fiscal year 2020-21 (Attachment A, page 9). The auditors issued a clean audit opinion regarding compliance and internal control over compliance for the City’s major federal program (the Coronavirus Relief Fund program) and schedule of expenditures of federal awards (Attachment A, pages 5 through 7). The single audit report also includes the same report on Internal Control over Financial Reporting and Compliance and Other Matters that was previously provided to the City Council on March 8, 2022 (Attachment A, pages 3 and 4). This report includes one recommendation regarding the City’s recording of Tina Pacific properties that were acquired in previous fiscal years. Staff corrected the recording in Fiscal Year 2020-21.

Item: 14F
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ENVIRONMENTAL IMPACT:

This action is not a project per the California Environmental Quality Act.

LEGAL REVIEW:

Not applicable.

PUBLIC NOTIFICATION:

Through the regular agenda posting process.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

4. Ensure Fiscal Stability and Efficiency in Governance Prepared by: Approved by:
/s/ Michelle Bannigan /s/ Jarad L. Hildenbrand
_____________________ ____________________
Michelle Bannigan, CPA Jarad L. Hildenbrand
Finance Director City Manager
Attachment:

A. Single Audit Report

CITY OF STANTON, CALIFORNIA

SINGLE AUDIT OF FEDERALLY ASSISTED

GRANT PROGRAMS
YEAR ENDED JUNE 30, 2021

ATTACHMENT A

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CITY OF STANTON

TABLE OF CONTENTS
YEAR ENDED JUNE 30, 2021
Page
Number
Independent Auditors’ Report on Internal Control Over
Financial Reporting and on Compliance and Other
Matters Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing Standards 1 - 2 Independent Auditors’ Report on Compliance for Each Major Federal Program, Report on Internal Control Over Compliance, and Report on the Schedule of Expenditures of Federal Awards Required by the Uniform Guidance 3 - 5
Schedule of Expenditures of Federal Awards and
Schedule of Findings and Questioned Costs
Schedule of Expenditures of Federal Awards 6
Notes to Schedule of Expenditures of Federal Awards 7
Schedule of Findings and Questioned Costs 8 - 9
Summary Schedule of Prior Audit Findings 10

ATTACHMENT A

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CliftonLarsonAllen LLP
CLAconnect.com
1 INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER

FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS

BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED

IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
Honorable Mayor and
Members of the City Council
of the City of Stanton, California
Stanton, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activity, each major fund, and the aggregate remaining fund information of the City of Stanton, as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise City of Stanton’s basic financial statements, and have issued our report thereon dated March 30, 2022.

Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered City of Stanton's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of City of Stanton’s internal control. Accordingly, we do not express an opinion on the effectiveness of City of Stanton’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that have not been identified. We did identify a certain deficiency in internal control, described in the accompanying schedule of findings and questioned costs as item 2021-001, that we consider to be a material weakness.

ATTACHMENT A

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Honorable Mayor and
Members of the City Council
of the City of Stanton, California
2 Compliance and Other Matters
As part of obtaining reasonable assurance about whether City of Stanton's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

City’s Response to the Finding
The City’s response to the finding identified in our audit is described in the accompanying schedule of findings and questioned costs. The City’s response was not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on it.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

CliftonLarsonAllen LLP
Irvine California
March 30, 2022

ATTACHMENT A

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3 INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE FOR

EACH MAJOR FEDERAL PROGRAM, REPORT ON INTERNAL CONTROL

OVER COMPLIANCE, AND REPORT ON THE SCHEDULE OF EXPENDITURES

OF FEDERAL AWARDS REQUIRED BY THE UNIFORM GUIDANCE
Honorable Mayor and
Members of the City Council
of the City of Stanton, California
Stanton, California
Report on Compliance for Each Major Federal Program
We have audited the City of Stanton’s (the City) compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on the City’s major federal program for the year ended June 30, 2021. The City’s major federal program is identified in the summary of auditors’ results section of the accompanying schedule of findings and questioned costs.

Management’s Responsibility
Management is responsible for compliance with federal statutes, regulations, and the terms and conditions of its federal awards applicable to its federal programs.

Auditors’ Responsibility
Our responsibility is to express an opinion on compliance for each of the City’s major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City’s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances.

We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of the City’s compliance.

Opinion on the Major Federal Program
In our opinion, the City complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on its major federal program for the year ended June 30, 2021.

ATTACHMENT A

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Honorable Mayor and
Members of the City Council
of the City of Stanton, California
Stanton, California
4 Report on Internal Control over Compliance
Management of the City is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the City’s internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control over compliance.

A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.

Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental activities, the business-type activity, each major fund and the aggregate remaining fund information of the City, as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements. We issued our report thereon dated March 30, 2022, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements.

ATTACHMENT A

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Honorable Mayor and
Members of the City Council
of the City of Stanton, California
Stanton, California
5 The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements.

The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole.

CliftonLarsonAllen LLP
Irvine, California
March 30, 2022

ATTACHMENT A

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SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS

AND SCHEDULE OF FINDINGS AND QUESTIONED COSTS

ATTACHMENT A

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CITY OF STANTON

SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
YEAR ENDED JUNE 30, 2021
6 Federal
Assistance Pass-Through Passed
Listing Entity Identifying Through to Federal
Number Number Subrecipients Expenditures
United States Department of Housing
and Urban Development
Direct Assistance:

CDBG Entitlement Grants Cluster:

Community Development Block Grants (CDBG) 14.218 19-23-0034-HR - $ 147,850 $ COVID-19 Community Development Block
Grants (CDBG) 14.218 20-23-0059-CV - 127,500
Total CDBG Entitlement Grants Cluster - 275,350
Total United States Department of
Housing and Urban Development - 275,350
United States Department of Treasury
Passed through the County of Orange:

COVID-19 Coronavirus Relief Fund 21.019 n/a - 839,395
COVID-19 Coronavirus Relief Fund 21.019 n/a - 25,953
COVID-19 Coronavirus Relief Fund 21.019 FMK1120 - 21,800 COVID-19 Coronavirus Relief Fund 21.019 n/a - 128,000
Total Passed through the County of Orange - 1,015,148
Passed through the State of California:

COVID-19 Coronavirus Relief Fund 21.019 n/a - 473,630
Total COVID-19 Coronavirus Relief Fund - 1,488,778
Passed through the State of California:

COVID-19 Coronavirus State and Local Fiscal
Recovery Funds 21.027 n/a - 177,776
Total United States Department of Treasury - 1,666,554
United States Department of Health
and Human Services
Passed through the County of Orange:

MaryLee Allen Promoting Safe and Stable
Families Program 93.556 FMK1120 - 120,184
United States Department of Homeland Security
Passed through the County of Orange:

Disaster Grants - Public Assistance (Presidentially
Declared Disasters) 97.036 4482-DR-CA - 39,292
Passed through the State of California:

Hazard Mitigation Grant 97.039 059-73962 - 4,066
Total United States Department of Homeland Security - 43,358 TOTAL EXPENDITURES OF FEDERAL AWARDS $ 2,105,446 - $
Federal Grantor / Pass through
Grantor / Program or Cluster Title

ATTACHMENT A

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CITY OF STANTON

NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
YEAR ENDED JUNE 30, 2021
7 NOTE 1 BASIS OF PRESENTATION
The accompanying schedule of expenditures of federal awards (the Schedule) includes the federal award activity of the City of Stanton (the City) under programs of the federal government for the year ended June 30, 2021. The information in this Schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedule presents only a selected portion of the operations of the City, it is not intended to and does not present the financial statements of the City. The City’s reporting entity is defined in Note 1 of the notes to the City’s financial statements.

NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Expenditures reported on the Schedule are reported using the modified accrual basis of accounting for governmental funds and the accrual basis for proprietary funds, which is described in Note 1 of the notes to the City’s financial statements. Such expenditures are recognized following the cost principles contained in the Uniform Guidance for all awards with the exception of Assistance Listing 21.019, which follows criteria determined by the Department of Treasury for allowability of costs. Under these principles, certain types of expenditures are not allowable or are limited as to reimbursement.

NOTE 3 INDIRECT COST RATE
The City has elected not to use the 10% de minimis indirect cost rate allowed under the Uniform Guidance.

ATTACHMENT A

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CITY OF STANTON

SCHEDULE OF FINDINGS AND QUESTIONED COSTS
YEAR ENDED JUNE 30, 2021
8 Section I – Summary of Auditors’ Results
Financial Statements

1. Type of auditors’ report issued: Unmodified

2. Internal control over financial reporting:
 Material weaknesses identified? x yes no
 Significant deficiencies identified? yes x none reported

3. Noncompliance material to financial
statements noted? yes x no
Federal Awards

1. Internal control over major federal programs:
 Material weaknesses identified? yes x no
 Significant deficiencies identified? yes x none reported

2. Type of auditors’ report issued on
compliance for major federal programs: Unmodified

3. Any audit findings disclosed that are required
to be reported in accordance with
2 CFR 200.516(a)? yes x no
Identification of Major Federal Programs
Assistance Listing Number(s) Name of Federal Program or Cluster

21.019 COVID-19 Coronavirus Relief Fund
Dollar threshold used to distinguish between
Type A and Type B programs: $ 750,000
Auditee qualified as low-risk auditee? yes x no

ATTACHMENT A

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CITY OF STANTON

SCHEDULE OF FINDINGS AND QUESTIONED COSTS
YEAR ENDED JUNE 30, 2021
9 Section II – Financial Statement Findings
2021-001
Material Weakness in Internal Control over Financial Reporting Condition: The Housing Authority included the value of buildings and improvements in the land category of capital assets.

Criteria or specific requirement: Depreciable capital assets, such as buildings and improvements, should be depreciated over the life of the asset in accordance with the City’s capitalization and depreciation policy. When utilization of an asset changes over time, the original assessment must be reviewed to determine if it is still applicable.

Context: The audit detected a material adjustment.

Effect: Buildings and improvements were not depreciated over time, which resulted in a restatement in the current year to record $2.2 million of accumulated depreciation related to buildings and improvements.

Cause: The City erroneously included buildings and improvements in the land capital asset category, which is not depreciated.

Recommendation: We recommend the City implement policies and procedures to ensure the accurate recording of capital assets in the appropriate categories to ensure depreciation expense is calculated when appropriate.

Views of responsible officials and planned corrective actions: The City’s position is it does have adequate procedures in place to ensure the accurate recording of capital assets. In the particular case involving the property acquisitions related to the Tina Pacific properties, the City chose to record all the acquisitions in its books as “land” for a few reasons. First, the City’s position is that the buildings did not significant value because the City’s intent was to purchase the land and demolish the buildings to complete the Tina Pacific affordable housing project. In addition, the appraisals obtained for these purchases only attributed value to the land and did not obtain value to the buildings. Considering the delay in disposition of these properties, the City reconsidered the function of the buildings in fiscal year 2019-2020 and determined a better use would be to rent them to third parties. The collection of rent provides a strong argument that the buildings have some value and complied with the auditors’ request to prepare the prior period adjustment that was requested.

Section III – Findings and Questioned Costs – Major Federal Programs Our audit did not disclose any matters required to be reported in accordance with 2 CFR 200.516(a).

ATTACHMENT A

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CITY OF STANTON

SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS
YEAR ENDED JUNE 30, 2021
10 FINDINGS-FINANCIAL STATEMENT AUDIT
Our audit did not disclose any matters required to be reported in accordance with Government Auditing Standards in the prior year.

FINDINGS-FEDERAL AWARD PROGRAMS AUDIT
There was no single audit in the prior year as federal expenditures were less than $750,000.

ATTACHMENT A

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ATTACHMENT A

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1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and City Council
DATE: April 12, 2022
SUBJECT: RESOLUTION INITIATING PROCEEDINGS AND ORDERING THE

ENGINEER TO PREPARE AND TO FILE A REPORT FOR THE
STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1 AND TO

APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH

HARRIS & ASSOCIATES FOR ANNUAL ADMINISTRATION SERVICES
FOR STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1,

PROTECTIVE SERVICES TAX ROLL, AND SEWER USER FEE
REPORT IN BRIEF:

As part of the annual update to the Lighting and Landscape District No. 1, certain procedural resolutions must be adopted by the City Council. The proposed resolution orders the Engineer’s report for the Fiscal Year 2022-23 update.

2. Adopt Resolution No. 2022-18 initiating proceedings and ordering the Engineer’s report for the Fiscal Year 2022-23 update, entitled:

Item: 14G
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2 “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL

ASSESSMENTS FOR THE STANTON LIGHTING AND LANDSCAPING
DISTRICT NO. 1 FOR THE FISCAL YEAR BEGINNING JULY 1, 2022, AND ENDING JUNE 30, 2023; AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE THEREWITH”; and

3. Waive competitive bidding process required by the City’s purchasing policy; and

ANALYSIS:

The Stanton Lighting and Landscaping District No. 1 (“District”) was formed on March 10, 1981, and currently provides funding for maintenance and improvements for the City’s street lights, traffic signals, and medians. Each parcel in the City is assessed a proportionate share of the District’s costs each year. The assessments appear on the property tax bill. Assessments are established upon an Engineer’s assessment of each property’s relative benefit from the services provided by the District.

Each year, an update to the Engineer’s report must be produced relative to the District’s annual assessments. The City has contracted with Harris & Associates previously to perform the required work. Due to their familiarity with the City and the time constraints to complete the project timely, staff is recommending that the City Council approve a professional services agreement with Harris & Associates to perform this work for Fiscal Years 2022-23 and Fiscal Year 2023-24 (Attachment B). The agreement also includes the annual administration related to the protective services tax roll (an assessment used to fund fire protection services) and the sewer use fee (to fund sewer services).

FISCAL IMPACT:

Sufficient funding for the agreement is included in the Fiscal Year 2021-22 budget.

Future funding will be appropriated in next year’s budget as appropriate.

ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.
3 PUBLIC NOTIFICATION:

Through the agenda posting process.

STRATEGIC PLAN OBJECTIVE ADDRESSED

4. Ensure Fiscal Stability and Efficiency in Governance Prepared by: Reviewed by:
/s/ Siamlu Cox /s/ Michelle Bannigan
________________________________ __________________________ Siamlu Cox Michelle Bannigan, CPA
Accounting Manager Finance Director
Approved by:
/s/ Jarad L. Hildenbrand
________________________________
Jarad L. Hildenbrand
City Manager
Attachments:

A. Resolution No. 2022-18
B. Professional Services Agreement

ATTACHMENT A
RESOLUTION NO. 2022-18

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RESOLUTION NO. 2022-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA,

INTIATING PROCEEDINGS FOR THE ANNUAL ASSESSMENTS FOR THE STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1 FOR THE FISCAL YEAR BEGINNING JULY 1, 2022, AND ENDING JUNE 30, 2023; AND ORDERING THE

ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE THEREWITH WHEREAS, on March 10, 1981, the City Council adopted Resolution No. 81-20 forming the Stanton Lighting and Landscaping District No. 1 (“the District”), pursuant to the provisions of the “Landscape and Lighting Act of 1972,” being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”); and WHEREAS, the public interest and convenience require the City to initiate proceedings for the level of Annual Assessments within the District for Fiscal Year 2022-23, for the purposes provided therefore in the Act and in Resolution No. 81-20; and WHEREAS, Section 22622 of the Act requires the City to adopt a resolution generally describing any proposed new improvements or any substantial changes in the existing improvements and ordering the Engineer to prepare and file a report in accordance with Article 4 of the Act;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1: The above recitals are true and correct.

SECTION 2: The City Council further finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has not potential for resulting in physical change to the environment, directly, or indirectly).

SECTION 3: Except as set forth in the Engineer’s Report, no new improvements or substantial changes in existing improvements are contemplated within the District.

SECTION 4: The City Manager is directed to cause the preparation of a report in accordance with Article 4 of the Act for the District, and upon completion, to file said report with the City Clerk, who shall then submit the same to the City Council for its consideration.

SECTION 5: The City Clerk shall certify as to the adoption of this Resolution.

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ATTACHMENT A
RESOLUTION NO. 2022-18

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ADOPTED, SIGNED AND APPROVED this 12th day of April 2022.

DAVID J. SHAWVER
MAYOR
APPROVED AS TO FORM:

HONGDAO NGUYEN

CITY ATTORNEY

ATTACHMENT A
RESOLUTION NO. 2022-18

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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF STANTON )
ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-18 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on April 12, 2022, and that the same was adopted, signed, and approved by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICIA A. VAZQUEZ

CITY CLERK

ATTACHMENT B

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CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: April 12, 2022
SUBJECT: LANDSCAPE MAINTENANCE AGREEMENT WITH CALIFORNIA

DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS
ADJACENT TO 11752 BEACH BOULEVARD
REPORT IN BRIEF:

The development of the property at 11752 Beach Boulevard will include landscaping in a future parkway area along Beach Boulevard. The California Department of Transportation (Caltrans) owns the right of way where the landscaping will be placed and the parkway area will be created. They are requiring the City enter into an agreement to maintain this landscaping in the event it is not properly maintained by the adjacent property owner (“Caltrans Landscape Maintenance Agreement”).

RECOMMENDED ACTION:

1. City Council declare that the project is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(h) as maintenance of existing landscaping; and

3. Authorize the Mayor and the City Manager to bind the City of Stanton and Caltrans in said agreement; and

BACKGROUND:

The Livable Beach Boulevard Mobility Plan, adopted by City Council Resolution in 2010, requires landscape and transportation-related improvements for new development projects along Beach Boulevard. In turn, Public Works and Community Development staff have been providing conditions of approval to project applicants consistent with the Plan. These conditions of approval require the applicant to beautify the street with new landscaping and provide a parkway area to accommodate landscaping where none Item: 14H
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currently exist.

The applicant submitted an encroachment permit application to the California Department of Transportation (Caltrans) to perform the City-required landscape improvements within State right-of-way (Beach Boulevard). Prior to Caltrans approving of the encroachment permit application, Caltrans is requiring that the City enter into an agreement to maintain this landscaping in the event it is not properly maintained by the adjacent property owner.

ANALYSIS/JUSTIFICATION:

The Caltrans Landscape Maintenance Agreement is a necessary step prior to the developer installing landscaping on Beach Boulevard. To protect the City’s interests, City staff recommends a companion City Landscape Maintenance Agreement transferring landscape maintenance responsibility from the City to the adjoining property owner. Prior precedent exists for the execution of a landscape maintenance agreement with Caltrans.

On November 24, 2020, the City Council approved the execution of the same type of landscape maintenance agreement with Caltrans for 12736 Beach Boulevard (Bonanni’s VRV Development).

FISCAL IMPACT:

None.

ENVIRONMENTAL IMPACT:

This project is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(h) as maintenance of existing landscaping.

LEGAL REVIEW:

The City Attorney’s office has reviewed and approved the agreements.

PUBLIC NOTIFICATION:

Notifications were performed through normal agenda process.

STRATEGIC PLAN OBJECTIVE ADDRESSED:
3 - Provide a quality infrastructure.

Prepared by: Reviewed by:
/s/ Joe Ames /s/ HongDao Nguyen
Joe Ames, P.E., T.E.

Public Works Director/City Engineer
HongDao Nguyen
City Attorney
Approved by:
/s/ Jarad L. Hildenbrand
Jarad L. Hildenbrand
City Manager
Attachment:

A. Caltrans Landscape Maintenance Agreement for Permit #1220-GMC-0415 B. City Landscape Maintenance Agreement

EXHIBIT A
1 LANDSCAPE MAINTENANCE AGREEMENT

WITH THE CITY OF STANTON
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of STANTON; hereinafter referred to as “CITY” and collectively referred to as “PARTIES”.

1. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for newly constructed or revised improvements within STATE’s right of way by Cooperative Agreement(s)1 number __________ dated ______, [And/Or]2 Permit Number(s) _____________________.

2. This Agreement addresses CITY responsibility for the 3_____________________ (collectively the “LANDSCAPING”) placed within State Highway right of way on State Route _____, as shown on Exhibit A, attached to and made a part of this Agreement.

3. Maintenance responsibilities that includes, but is not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on said Exhibit “A.”

4. The degree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.

5. When a planned future improvement is constructed and/or a minor revision has been effected with STATE’s consent or initiation within the limits of the STATE’s right of way herein described which affects PARTIES’ division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit “A” which will be made a part hereof and will thereafter supersede the attached original Exhibit “A” to thereafter become a part of this Agreement.

5.1. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives.

No formal amendment to this Agreement will be required.

Attachment: A
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EXHIBIT A
1 6. CITY agrees, at CITY expense, to do the following:

6.1. CITY may install, or contract, authorizing a licensed contractor with appropriate class of license in the State of California, to install and thereafter will MAINTAIN LANDSCAPING conforming to those plans and specifications (PS&E) pre-approved by STATE.

6.2. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE’s District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE’S right of way. All proposed LANDSCAPING must meet STATE’s applicable standards.

6.2.1. CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE’s right of way.

6.2.2.An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way

6.3. CITY shall ensure that LANDSCAPED areas designated on Exhibit “A” are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance including providing for water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement.

6.3.1. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public.

6.3.2. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required.

6.3.3. To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING system component that has become unsafe or unsightly.

6.4. To furnish electricity for irrigation system controls, and lighting system controls for all street lighting systems installed by CITY.

6.5. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public

EXHIBIT A
1 sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel.

6.6. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District___ Maintenance at4 ____________.

6.7. CITY shall ensure LANDSCAPING within the Agreement limits provide an acceptable walking and riding surface, and will provide for the repair and removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about the LANDSCAPING in an expeditious manner.

6.8. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING.

6.9. To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein.

7. STATE may provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement.

8. STATE shall Issue encroachment permits to CITY and CITY contractors at no cost to them.

9. LEGAL RELATIONS AND RESPONSIBILITIES:

9.1.Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law.

9.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY’s expense or direct CITY to remove or itself remove LANDSCAPING at CITY’s sole expense and restore STATE’s right of way to its prior or a safe operable condition. CITY hereby agrees to

EXHIBIT A
1 pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure.

9.3.Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY.

9.4.Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

9.5.PREVAILING WAGES:

9.5.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7.

CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.

EXHIBIT A
1 9.5.2.Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

10.INSURANCE5 - CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

10.1. SELF-INSURED6 - CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of Self-Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the _____________ location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.

10.2. SELF-INSURED7 using Contractor - If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
5 Delete if self-insured 6 Delete if not self-insured 7 Delete if not self-insured

EXHIBIT A
1 11. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

12. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.

PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor/Chairmen

TOKS OMISHAKIN
Director of Transportation
Initiated and Approved
By: ___________________________
CITY Manager
By: ___________________________
Deputy District Director
Maintenance District
ATTEST:

By: __________________________
CITY Clerk
By: __________________________
CITY Attorney
Asto Form and Procedure:

By: _____________________________
Attorney
Department of Transportation

EXHIBIT A
1 (Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities)
PL

EXHIBIT A -
CLJ

MEDIAN CURB
BEACH BLVD.
□
Cf)
z
<(
<(
e
PL �=-::::::::::::: �� --==--- NORTH
1 GRAPHIC
SCALE
10 20
( IN FEET )
1 inch = 20 ft.

LANDSCAPING & HARDSCAPE
MAINTENANCE AGREEMENT 11752 BEACH BOULEVARD-TRACT 18107 NOTES: � HARDSCAPE TO BE � LANDSCAPING TO BE I �

CITY OF STANTON
-MAINTAINED BY HOA �-MAINTAINED BY HOA PUBLIC WORKS DEPARTMENT I SHEET 1 OF 1 EXHIBIT B – LETTER OF CERTIFICATE OF CITY___________ STATEMENT OF SELF

INSURANCE
1 Insert (CT District) addressee information _______20__ ATTN: (name of CT representative)
CITY ______________
Department of Finance
RE: Statement of Self Insurance for ____________ Related to ______________ Maintenance Agreement with State of California Department of Transportation (“STATE”) for the ________________ along Highway __________at ____________________
Dear __________
The purpose of this letter is to certify that the CITY is self-insured and self-funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.

The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section

10.1 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts.

If you need any additional information regarding this letter, please direct those inquires through my office.

Sincerely,

FINANCE MANAGER

EXHIBIT C
1 TRAFFIC SIGNAL AND LIGHTING
Caltrans and CITY of__________________
Effective ____________, 20____

BASIS OF COST DISTRIBUTION
State-Owned and Maintained
Billed by the State
Route and
PM
Location Type of
Facility
Cost Distribution
State CITY
Utility-Owned and Maintained
Billed by the State
Route and
PM
Location Type of
Facility
Cost Distribution
State CITY

EXHIBIT D
1 (Individual maintenance items that are not provided for in the body of the Agreement.)
1 LANDSCAPE MAINTENANCE AGREEMENT
BY AND BETWEEN THE CITY OF STANTON AND <INSERT DEVELOPER NAME> REGARDING THE SEGMENT OF STATE ROUTE 39
This Landscape Maintenance Agreement (“Agreement”), is entered into as of the __ day of , 2022 (the “Effective Date”), by and between the City of Stanton, a California municipal corporation (“City”), and ______________________, a ____________________(“Developer”). Developer and City are collectively referred to as the “Parties”.

RECITALS
A. On _______________, 2022, the City and the California Department of Transportation (“Caltrans”) executed a Landscape Maintenance Agreement (“Caltrans Agreement”) with respect to Caltrans-issued Permit No. ___________________. The Caltrans Agreement requires the City to perform certain landscaping, maintenance, and improvement obligations along a segment of State Route 39.

B. Developer has acquired that certain real property described on Exhibit “A” attached hereto (the “Property”).

C. The Caltrans Agreement is meant to be a pass-through agreement such that the landscaping, maintenance, and improvement obligations that Caltrans requires of the City are intended to be and shall be performed by any and all third parties who assume such responsibilities.

D. As a condition to Developer’s development of the Property, the City is requiring Developer to assume and perform those certain landscaping, maintenance, and improvements as required of the City by Caltrans under the Caltrans Agreement.

E. Accordingly, the Parties wish to enter into this Agreement so that Developer may assume and perform those certain landscaping, maintenance, and improvement obligations as required of the City by Caltrans under the Caltrans Agreement.

AGREEMENT
Now, therefore, in consideration of the above recitals and of the mutual covenants as well as for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows:

1. EXHIBITS
The following documents are attached hereto and by this reference made a part hereof:

1.1. Exhibit A: Description of the Property.

1.2. Exhibit B: Caltrans Agreement.

Attachment: B
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2 1.3. Exhibit C: City Council Resolution No. 2019-08 approving the Precise Plan of Development No. PPD-787; Resolution No. 2019-08 approving Tentative Tract Map 18107 (TM17-01), Ordinance No. 1087 approving Zone Change No. ZC17-02 and Associated General Plan and Zoning Map Amendments; and a Mitigated Negative Declaration (SCH#2018121037) (the “MND”) for the development of a 0.92 acre site.

1.4. Exhibit D: Developer’s Insurance requirements.

2. TERM
The term of this Agreement shall commence upon the Effective Date and shall remain in full force until the duties, responsibilities and obligations assumed hereunder by Developer have been performed or satisfied as specified herein.

3. LANDSCAPING, MAINTENANCE, AND IMPROVEMENTS

3.1. Developer Performance of Caltrans Agreement. Developer shall assume and perform any and all of the City’s obligations under the Caltrans Agreement, including, but not limited to any landscaping, maintenance, and improvement obligations applicable to those certain portions of real property located within the “Caltrans Right-of-Way,” as shown on Exhibit “A” to the Caltrans Agreement, that lie to the west of or constitute a portion of the Property, to the extent such obligations arose following the Effective Date (the “Developer Obligations”). Developer shall perform the Developer Obligations in accordance with the terms and provisions of the Caltrans Agreement to the satisfaction of the City in its reasonable discretion.

3.2. Notice. In the event the City determines the Developer Obligations are not being carried out in accordance with the terms and provisions of the Caltrans Agreement, the City shall provide Developer with timely written notice thereof specifying the remedial action required by Developer. However, Developer’s non-receipt of any notice as specified in this Section 3.2 shall not excuse Developer of its obligations under this Agreement or the (i) Precise Plan of Development No. PPD-787, (ii) Tentative Tract Map 18107 (TM17-01), (iii) Zone Change No.

ZC17-02 and Associated General Plan and Zoning Map Amendments, and the (iv) MND (SCH#2018121037).

3.3. Failure to Perform. If at any time during the term of this Agreement, Developer ceases or fails to perform the Developer Obligations, then, at Developer’s sole expense:

3.3.1. The City may undertake to perform the Developer Obligations by providing at least seven (7) days written notice to Developer and shall invoice Developer for the all costs and expenses incurred by City to perform the Developer Obligations. Developer shall reimburse the City within thirty (30) days of the City’s delivery of the invoice to Developer in any manner provided for in Section 7.16 hereof.

3.4. Developer’s failure to perform the Developer Obligations or to reimburse City for all costs and expenses as provided for in subsection 3.3.1, above, shall constitute grounds for the City’s revocation of (i) Precise Plan of Development No. PPD-787, (ii) Tentative Tract Map 18107 (TM17-01), (iii) Zone Change No. ZC17-02 and Associated General Plan and Zoning Map Amendments, and the (iv) MND (SCH#2018121037).
3 4. INDEMNIFICATION
To the fullest extent permitted by law, Developer shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Developer, its officials, officers, employees, subcontractors, Developers or agents in connection with the performance or nonperformance of any duty or obligation pursuant to this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Developer’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Developer or the City, its officials, officers, employees, agents or volunteers. The obligations in this Section 4, Indemnification, shall survive the termination or expiration of this Agreement.

5. INSURANCE
Developer shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “D”.

6. ASSIGNMENT
Developer shall have the right, without the prior consent or approval of the City, to assign this Agreement to any purchaser of the Property or any portion thereof (an “Assignment”), including, without limitation, any assignment to a homeowners association; provided, however, Developer shall submit written evidence of such Assignment and the assumption of all of Developer’s obligations hereunder by such purchaser promptly following the effective date of such Assignment. In the event of any Assignment(s), Developer shall have no further obligations under this Agreement from and after the effective date of such Assignment and the assignee shall be deemed to have assumed all of Developer’s obligations under this Agreement from and after the effective date of such Assignment.

7. MISCELLANEOUS PROVISIONS

7.1. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties with respect to the subject matter hereof, and all oral or written representations, understandings or agreements are expressly stated in this Agreement. No testimony or evidence of any such representations, understandings, or covenants, will be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

7.2. Severability. If any term, provision, covenant, or condition of this Agreement is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this Agreement will nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions.
4 7.3. Interpretation and Governing Law. This Agreement and any related dispute will be governed and interpreted in accordance with the laws of the State of California. This Agreement will be construed according to its plain language and its fair and common meaning to achieve the objectives and purposes of the Parties as specified herein. The rule of construction to the effect that ambiguities are to be resolved against the drafting Party will not be employed in interpreting this Agreement since all Parties have been represented by counsel.

7.4. Section Headings. All section headings and subheadings are inserted for convenience only and will not affect any construction or interpretation of this Agreement.

7.5. Singular and Plural. As used herein, the singular of any word includes the plural.

7.6. Waiver. The failure of a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure of a Party to exercise its rights upon the default of the other Party, will not constitute a waiver of that Party's right to demand and require, at any time, the other Party's strict compliance with the terms of this Agreement.

7.7. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person will have any right of action based upon any provision of this Agreement.

7.8. Successors in Interest. The burdens of this Agreement will be binding upon, and the benefits of this Agreement will insure to, all successors in interest to the Parties to this Agreement, including, without limitation, any homeowners’ association that succeeds to, or is assigned the Developer’s interest.

7.9. Specific Performance. The Parties acknowledge that monetary damages may be inadequate to remedy any breach of this Agreement by either Party. Accordingly, the Parties agree that any beach of this Agreement will also entitle the non-breaching Party to file an action for specific performance in a court of competent jurisdiction.

7.10. Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts will be construed together and have the same effect as if all of the Parties had executed the same instrument.

7.11. Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by any Party for the purpose of enforcing, construing, or determining the validity of any provision of this Agreement will be filed and tried in the Superior Court of the County of Orange, State of California. The Parties waive all provisions of law providing for the filing, removal or change or venue to any other court.

7.12. Further Actions and Instruments. Each Party will cooperate with and provide reasonable assistance to the other to the extent contemplated by this Agreement to achieve the objectives of this Agreement. Upon the request of either Party at any time, the other Party will promptly execute, with acknowledgement or affidavit if reasonably required, and file or record instruments and writing. The Parties will also take any action that may be reasonably necessary under the terms of this Agreement to carry out the intent and to achieve the objectives of this Agreement.
5 7.13. Amendments in Writing and Cooperation. This Agreement may be amended only by written consent of the Parties specifically approving the amendment. The Parties will cooperate in good faith with respect to any amendment proposed in order to clarify that intent and application of this Agreement, and will treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters.

7.14. Authority to Execute. Any person or persons executing this Agreement on behalf of the Parties warrants and represents that he/she has the authority to execute this Agreement on behalf of his/her agency and to bind that Party to the performance of its obligations pursuant to the Agreement.

7.15. Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.

7.16. Notice. All notices, demands, requests or approvals to be given under this Agreement will be given in writing and will be deemed served when delivered personally or on the third business day after deposit in the United States mail, postage prepaid, first class mail, addressed as follows:

To the City: City of Stanton
7800 Katella Ave.

Stanton, CA 90680
To Developer: <Name>
<Address>
<City, State, ZIP>
[Signatures on following page]
6 SIGNATURES
In witness thereof, the Parties hereto have executed this Landscape Maintenance Agreement as of the date first written above.

CITY OF STANTON,
a California municipal corporation

DEVELOPER
By: _________________________________ By: _________________________________ Jarad Hildenbrand City Manager Name:_______________________________ Title:_________________________________
By:__________________________________
Name:_______________________________
Title:_________________________________
ATTEST:

By: _________________________________
Patricia A. Vazquez
City Clerk
APPROVED AS TO FORM:

By: _________________________________
HongDao Nguyen
City Attorney
B-1
EXHIBIT A:

LEGAL DESCRIPTION OF TRACT 18107

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF STANTON, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THE NORTH 110 FEET OF THE WEST 396 FEET OF THE NORTH 10 ACRES, SAID 10 ACRES BEING MEASURED TO CENTER LINE OF STREET ADJOINING ON WEST, IN LOT 13 OF SECTION 25, AS SHOWN ON A MAP RESURVEY OF J. W. BIXBY AND CO.'S SUBDIVISION OF A PART OF RANCHO LOS ALAMITOS, AS PER MAP RECORDED IN BOOK 2, PAGE 43 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY.

APN: 131-242-03 AND 131-242-04
B-2
EXHIBIT B:

LANDSCAPE MAINTENANCE AGREEMENT

WITHIN STATE HIGHWAY RIGHT OF WAY
ON STATE ROUTE 39 WITHIN THE CITY OF STANTON
(BY AND BETWEEN THE CITY AND CALTRANS)
<TO BE INSERTED AFTER EXECUTION>
LMA_BFH-Stanton

2.15.19 C-1
EXHIBIT C:

City Council Resolution No. 2019-08 approving the Precise Plan of Development No. PPD-787;
Resolution No. 20149-08 approving Tentative Tract Map 18107 (TM17-01); Ordinance No. 1087 approving Zone Change No. ZC17-02 and Associated General Plan and Zoning Map Amendments;
and a Mitigated Negative Declaration (SCH#2018121037) (the “MND”) for the development of a 0.92 acre site.
<TO BE INSERTED>
D-1
Exhibit D: Insurance Requirements
Prior to the beginning of and throughout the duration of this Agreement, Developer will maintain insurance in conformance with the requirements set forth below. Developer will use existing coverage to comply with these requirements. Developer acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required.

Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to City.

Developer shall provide the following types and amounts of insurance:

1. Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01 or equivalent. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.

2. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Developer owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above.

Notwithstanding the foregoing, Developer shall not be required to obtain Business Auto Coverage insurance or provide evidence of a non-owned auto endorsement to the general liability policy described above unless and until the earlier of (i) the date Developer has at least one (1) employee, or (ii) the date an officer of Developer performs any services required by Developer pursuant to the terms of the Agreement; provided, however, Developer shall require its subcontractors, and any other party involved with the project who is brought onto or involved in the project by Developer to provide the insurance coverage required pursuant to this Paragraph 2 in accordance with the requirements set forth in Paragraph 10 of the General Conditions herein below.

3. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Notwithstanding the foregoing, Developer shall not be required to obtain Workers Compensation policy described above unless and until the earlier of (i) the date Developer has at least one (1) employee, or (ii) the date an officer of Developer performs any services required by Developer pursuant to the terms of the Agreement; provided, however, Developer shall require its subcontractors, and any other party involved with the project who is brought onto or involved in the project by Developer to provide Workers Compensation insurance required pursuant to this Paragraph 3.

4. Intentionally Omitted.

Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best’s rating of A or better and a minimum financial size VII.

D-2
General conditions pertaining to provision of insurance coverage by Developer. Developer and City agree to the following with respect to insurance provided by Developer:

1. Developer agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 20 10 or its equivalent. Developer also agrees to require all contractors, and subcontractors to do likewise. In addition, Developer agrees to require its General Contractor to have the General Contractor’s insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 20 37 or its equivalent.

2. No liability insurance coverage obtained to comply with the requirements of this Agreement shall prohibit Developer, or Developer’s employees or agents, from waiving the right of subrogation prior to a loss, if any, that arises from, is associated with or is pursuant to this Agreement. Developer agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds which may be obtained by Developer under liability insurance coverages required to be obtained by Developer hereunder, and to require all contractors and subcontractors to do likewise.

3. All insurance coverage and limits provided by Developer and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.

4. None of the coverages required to be obtained hereunder will be in compliance with the coverage requirements provided for herein if they include any limiting endorsement which would render any coverage obtained by Developer to fall below the minimum requirements described herein, or which has not been first submitted to City and approved of in writing.

5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

6. Developer shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Developer’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any D-3
premium so paid by City shall be charged to and promptly paid by Developer or deducted from sums due Developer, at City option.

8. Certificate(s) are to reflect that the insurer will provide 30 days’ notice to City of any cancellation of coverage, except in the event that such cancellation of coverage is a result of the non-payment of premiums in which event the insurer shall provide 10 days’ notice to City of any notice of cancellation of coverage for such non-payment of premiums.

9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Developer or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.

10. Developer agrees to require that all subcontractors and parties, if any, who are retained by Developer to satisfy the obligations of Developer under this Agreement, provide and maintain the same minimum insurance coverage required of Developer hereunder.

Developer agrees to monitor and review all such coverage of its retained subcontractors and third parties, if any, and assumes all responsibility for ensuring that such coverage is provided and maintained in conformity with the requirements of this section. Developer agrees that upon request, all agreements with any subcontractor or third party retained to satisfy the obligations of Developer hereunder will be submitted to City for its review to ensure the requirements of this Section 10 are complied with.

11. Developer agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Agreement to self-insure its obligations to City. If Developer’s existing coverage includes a deductible or selfinsured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Developer.

12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Developer ninety (90) days advance written notice of such change. If such change results in additional cost to the Developer, the City will negotiate additional compensation proportional to the increase in costs from the changes in the amounts or types of insurance required by the City.

13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.

14. Developer acknowledges and agrees that any actual or alleged failure on the part of City to inform Developer of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

D-4

15. Developer will renew the required coverage annually as long as this Agreement has not been canceled or terminated and in the event this Agreement is cancelled or terminated by the City, Developer will renew the required coverages for a period of two (2) years from the date of cancellation or termination except with respect to latent defects which Developer will renew the required coverage for four (4) years from the date of cancellation or termination. Termination of this obligation is not effective until City executes a written statement to that effect.

16. Developer shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Developer’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.

17. The provisions of any workers’ compensation or similar act will not limit the obligations of Developer under this Agreement. Developer expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.

18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.

19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.

20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.

21. Developer agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Developer for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

22. Developer agrees to provide immediate notice to City of any claim or loss against Developer arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: April 12, 2022
SUBJECT: RENEWAL OF AUTHORIZATION FOR VIRTUAL PUBLIC MEETINGS PURSUANT TO AB 361
REPORT IN BRIEF:

Consideration of the circumstances of the state of emergency related to the COVID-19 pandemic to determine whether remote teleconference meetings of the City Council, Committees, and Commissions can continue to be held under the provisions of AB 361.

RECOMMENDED ACTION:

1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and

2. Reconsider the circumstances of the state of emergency; and

3. Find that state or local officials have continued to impose or recommend measures to promote social distancing; and

BACKGROUND:

On October 26, 2021, City Council adopted Resolution 2021-34, which authorized City Staff to conduct remote teleconference meetings of the City Council, Committees, and Commissions under the provisions of AB 361 (in effect as of October 1, 2021 – Government Code Section 54953(e)). Pursuant to Government Code Section 54953(e)(3), the City Council is required every thirty (30) days to reconsider the circumstances of the state of emergency and determine whether:

Item: 14I
Click here to return to the agenda.
2 • The state of emergency continues to directly impact the ability of the members to meet safely in person, or
• State or local officials continue to impose or recommend measures to promote social distancing.

If neither of the two finding options can be made by majority vote, the City Council, Committees, and Commissions will no longer be able to continue holding public meetings by teleconference without compliance to the Ralph M. Brown Act’s Section 54953(b)(3).

Section 54953(b)(3) imposes notice and access requirements for public meetings conducted via teleconference. Such requirements include identifying in the meeting notice and agenda the teleconference location of each member of the legislative body participating in the meeting and ensuring that each teleconference location be accessible to the public.

It is important to note that having virtual meetings under the provisions of Government Code Section 54953(e)(3) is optional. If the Council wishes, it may continue to meet inperson. In addition, hybrid meetings are permissible. Given that the dynamics of the pandemic and the health crisis are continually changing, the intent of the attached Resolution is to, among other things, allow for the City’s Council, Commissions, and Committees to meet virtually in the event of illness, quarantine, or other government measures. If the Council will meet only or partially in-person, it should ensure compliance with the Orange County Health Care Agency’s recommendations for local public meetings.

ANALYSIS/JUSTIFICATION:

Currently, the State of California and the County of Orange remain under the state of emergency brought on by the COVID-19 pandemic, particularly with the spread of the Omicron BA.2 Variant. State and local officials are still recommending measures to promote social distancing. and the wearing of face masks. 3 COVID-19 Cases by City
COVID-19 United States Cases by County (by Johns Hopkins University) 4 Tracking COVID-19 in California
FISCAL IMPACT:

None.

ENVIRONMENTAL IMPACT:

None. This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(4) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly).

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE(S) ADDRESSED:

1. Provide a safe community.

PUBLIC NOTIFICATION:

Public notice for this item was made through the regular agenda process. 5 Prepared By: Approved as to Form By:
/s/ Jason Huynh
__________________________ __________________________
Jason Huynh
Management Analyst
HongDao Nguyen
City Attorney
Approved By:
/s/ Jarad L. Hildenbrand
__________________________
Jarad L. Hildenbrand
City Manager
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: April 12, 2022
SUBJECT: APPROVAL TO LEASE AN ADDITIONAL 2 AUTOMATIC LICENSE

PLATE RECOGNITION CAMERAS FROM FLOCK SAFETY
REPORT IN BRIEF:

On March 8, 2022, as part of the mid-year budget adjustment, the City Council appropriated budget for the leasing of an additional 2 automatic license plate reading cameras from Flock Safety. These cameras are intended for installation on Village Center Drive where none exist today.

RECOMMENDED ACTION:

1. City Council declare this action is not a project per CEQA; and

2. Authorize the City Manager to amend the contract with Flock Safety to lease an additional 2 automatic license plate reading cameras.

BACKGROUND:

The City currently leases 36 automatic license plate reading cameras at an annual cost of $99,300. Staff would like to lease an additional 2 cameras for installation on Village Center Drive where none exist today. To staff’s knowledge, this action would provide for Flock cameras on the last remaining street exiting the City limits without cameras.

Previously, these cameras were moved from Village Center Drive to other locations because of low activity.

ANALYSIS/JUSTIFICATION:

The initial leasing of the 10 cameras was done per a purchase order with no formal contract because the leasing amount was within the City Manager’s purchasing authority.

Subsequently, the City Council approved the installation of 26 more Flock cameras on January 26, 2021 because the cumulative total exceeded the City Manager’s purchasing authority, and City Council approved the City Manager to execute a contract amendment with Flock for these additional cameras on February 23, 2021. The attached contract covers the two additional cameras.

Item: 17A
Click here to return to the agenda.
2 FISCAL IMPACT:

The City currently leases 36 license plate reading cameras from Flock Safety for an annual cost of $99,300. The additional cost for two additional cameras is $6,300, which increases the total annual cost to $105,600. The City Council approved a $6,500 appropriation from the Supplemental Law Enforcement Grants Fund (#242) with the approval of the City’s Fiscal Year 2021-22 Mid-Year Budget adjustments on March 8, 2022.

ENVIRONMENTAL IMPACT:

This action is not a project per the California Environmental Quality Act.

LEGAL REVIEW:

The City Attorney has reviewed the attached draft amendment to the existing contract with Flock. A standard City contract is not needed.

STRATEGIC PLAN OBJECTIVE ADDRESSED:
1 – Provide a safe community.

PUBLIC NOTIFICATION:

Notifications and advertisement were performed as prescribed by law.

Prepared by: Concur:
/s/ Joe Ames /s/ Michelle Bannigan
Joe Ames, P.E., T.E.

Public Works Director/City Engineer
Michelle Bannigan, CPA
Finance Director
Reviewed by: Approved by:
/s/ HongDao Nguyen /s/ Jarad L. Hildenbrand
HongDao Nguyen
City Attorney
Jarad L. Hildenbrand
City Manager
Attachment:

A. Contract amendment with Flock Safety
FLOCK GROUP INC.

ADDITIONAL SERVICES AGREEMENT
This Agreement combined with the existing agreement referenced in Exhibit A describe the relationship between Flock Group Inc. (“Flock”) and the customer identified below (“Customer”) (each of Flock and Customer, a ”Party”). This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”).

Agency: CA - City of Stanton
Legal Entity Name: \FSLegalEntityName{r}\
Contact Name: Joe Ames
Address:
7800 Katella Ave
Stanton, California 90680
Phone: (714) 890-4203
E-Mail: [email protected]
Expected Payment Method:
\FSExpectedPaymentMethod1\
Billing Contact: \FSBillingContact1\
(if different than above)
Initial Term: 12 months
Renewal Term: 12 months
Billing Term: Annual payment due Net 30 per terms
and conditions
Sales tax will be added to all fees as applicable. If your organization is tax exempt, please check this box: \FSTaxExemptCheckbox1\ and email your Sales Tax Exemption Certificate to [email protected].

Attachment: A
Click here to return to the agenda.

Name Price/Usage Fee QTY Subtotal
Extended data retention $300.00 2.00 $600.00
Professional Services - Falcon, Standard
Implementation
$350.00 2.00 $700.00
Falcon Camera $2,500.00 2.00 $5,000.00
(Includes one-time fees)
Year 1 Total: $6,300.00
Recurring Total: $5,600.00
\FSInitials1\
By executing this Order Form, Agency represents and warrants that it has read and agrees to all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Agency: CA - City of Stanton
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\

EXHIBIT A
This agreement is governed by the terms as set out in this attached agreement that has been previously executed by both parties.

FLOCK GROUP INC.

SERVICES AGREEMENT

ORDER FORM
This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. (!Flock”) and the customer identified below (!Customer”) (each of Flock and Customer, a ”Party”). This order form (!Order Form”) hereby incorporates and includes the !GOVERNMENT AGENCY CUSTOMER AGREEMENT” attached (the !Terms”), any schedules attached thereto, and the Customer"s Supplemental Conditions Addendum attached hereto and incorporated herein by reference, which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations. To the extent there is any conflict or inconsistency between provisions of the Order Form, Terms, and/or Customer’s Supplemental Conditions Addendum, the provisions of Customer’s Supplemental Conditions Addendum shall control and prevail.

The Agreement will become effective when this Order Form is executed by both Parties (the !Effective Date”).

Customer: City of Stanton Contact: Allan Rigg
Address: 7800 Katella Ave, Stanton, CA 90680 Phone: 714-890-4203 E-Mail:[email protected]
Usage Fees: $65,000 per Year (the “Payment Period”) Number of Cameras: 26 Initial Term: 12 Months
Renewal Term: 12 Months
Installation Fee (one-time) $6500
Extended Data Retention (1 year)$7800
Billing Contact:

Amanda Cruz – 714-890-4205
Expected Payment Method:
$
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By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.

Flock Group Inc. Order Form
Stanton, CA
0001

ADDENDUM
Flock Group Inc Customer: City of Stanton
By:

Name:

Title:

Date:

By:

Name:

Title:

Date:

Group Inc
$
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Mayor
03/03/2021
Alex Latraverse David J. Shawver
Vice President, Growth
03/01/2021
CITY OF Stanton SUPPLEMENTAL CONDITIONS
For purposes of this Addendum to the Agreement between Flock Group, Inc. and the City of Stanton, the term “Contractor” shall refer to Flock Group, Inc., and the term “City” shall be used to refer to the Customer, which is the City of Stanton.

1. California Civil Code Compliance. Contractor is advised of, and agrees it will comply with the requirements of the California Civil Code, Division 3, Part 4, Title 1.81.23 COLLECTION OF LICENSE PLATE INFORMATION [§§1798.90.5 - 1798.90.55] as applicable to an automated license plate recognition (ALPR) operator (also referred to as an “ALPR operator”). Contractor shall maintain reasonable security procedures and practices to protect ALPR information from unauthorized access, destruction, use, modification or disclosure that are at least as protective as the “Flock Safety End to End Data Security Overview,” “Flock Safety CJIS Compliance Overview,” and “Flock Safety Internet Security Policy,” (collectively, referred to as the “Flock Security Policies”) as each such policy was in effect as of January 29, 2020. Any amendment to the Flock Security Policies shall be transmitted to the City within 10 days. In the event the City determines in its sole discretion that any amendment to the Flock Security Policies either substantially reduces the privacy or security of Customer Content (including ALPR Footage) or the amendments would violate any State or Federal law, then the City shall have the right to terminate the Agreement and Flock will refund to City a prorata portion of the pre-paid Fees for Services not received due to such termination.

2. Disclosure of Security Breach. Contractor is advised of the requirements of the California Civil Code, section 1798.29, requiring notification to any resident of California in the event of breach of the security of the system. Contractor agrees it will notify the City immediately (and in no event more than 24 hours) upon the occurrence of any breach in the security of data that may potentially trigger the need for security breach notifications pursuant to Civil Code section 1798.29 or similar State or Federal law. The parties agree that the City will control the timing and content of any required security breach notification, and agree that Contractor shall fully pay or reimburse the City for the costs of providing any security breach notification required by Civil Code, section 1798.29,or similar State or Federal law, resulting from any security breach of the Flock Safety platform. Contractor’s responsibility for the costs of providing such security breach notifications shall not be limited by any disclaimer or limitation of liability in the Agreement, including but not limited to Sections

2.1, 7.4 and 8 of the SaaS Terms of this Agreement.

3. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend with counsel reasonably acceptable to the City, and hold harmless the City and its officials, officers, employees, agents, contractors, consultants, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of or relating to any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, contractors, consultants, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under the contract does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause is a material element of the Agreement and shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

This Section 3 shall survive termination or expiration of this Agreement. Contractor’s indemnification obligation pursuant to this Section shall not be limited by any disclaimer or limitation of liability in the Agreement, including but not limited to, Sections 2.1, 7.4 and 8 of the Government Agency Service Agreement.

4. Infringement. Without limiting the generality or applicability of Section 3, above, if a third party makes a claim against the City that any use of the Services in accordance with the terms of this Agreement infringes such third party’s intellectual property rights, Contractor, at its sole cost and expense, will defend City against the claim and indemnify City from the damages, losses, liabilities, costs and expenses awarded by the court to the third party claiming infringement or the settlement $
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agreed to by Contractor, provided that City: (i) notifies Contractor promptly in writing of the claim; (ii) gives Contractor sole control of the defense and any settlement negotiations; and (iii) gives Contractor reasonable assistance in the defense of such claim. If Contractor believes or it is determined that the Services violated a third party’s intellectual property rights, Contractor may choose to either modify the Services to be non-infringing or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, Contractor may terminate City’s use rights and refund any unused, prepaid fees City may have paid to Contractor.

5. California Public Records Act Compliance. Notwithstanding Section 4 of the Government Agency Service Agreement, Contractor expressly understands that City is a public agency subject to the California Public Records Act (Cal. Government Code § 6250 et seq.). In the event that City receives a public records request seeking the disclosure of information that Contractor has designated as its “Proprietary Information,” City shall notify Contractor, and Contractor shall be allowed to take any reasonable action to preserve the confidentiality of such information. City’s obligation shall only extend to notifying Contractor of the request, and City shall have no obligation to preserve the confidentiality unless doing so is in full compliance with the law.

6. Independent Contractor. It is expressly agreed that Contractor is to perform the services described herein as an independent contractor pursuant to California Labor Code Section 3353. Nothing contained herein shall in any way be construed to make Contractor or any of its agents or employees, an agent, employee or representative of the City. Contractor shall be entirely responsible for the compensation of any employees used by Contractor in providing said services.

7. Subcontractors. Notwithstanding Section 2.1 of the Government Agency Service Agreement, if Contractor utilizes a third-party subcontractor or other vendor to provide the Services under this Agreement, Contractor shall ensure that such subcontractor(s) or vendor(s) complies with the terms of this Agreement, and shall be jointly and severally liable with the subcontractor/vendor for any breach by the subcontractor/vendor.

8. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements: See Exhibit C – Insurance Requirements General.

9. Appropriation. City’s funding of this Agreement shall be on a fiscal year basis (July 1 to June 30) and is subject to annual appropriations. Contractor acknowledges that the City is a municipal corporation and is precluded by the California Constitution and other laws from entering into obligations that financially bind future governing bodies. Nothing in this Agreement shall constitute an obligation of future governing bodies to appropriate funds for the purposes of this Agreement. The parties agree that the Initial Term and any renewal term(s) is contingent upon the appropriation of funds by the City. This Agreement will terminate immediately if funds necessary to continue the Agreement are not appropriated. City shall pay Contractor for any services performed in accordance with this Agreement up to the date of termination.

10. Assignment. Contractor shall not assign this Agreement, or any part thereof, or any right of the Contractor hereunder without the prior written consent of the City. Notwithstanding, for purposes of this Contract, a merger, acquisition, reorganization, spin-off or other transaction involving a transfer of substantially all of the assets or common stock of either party hereto shall not be deemed an assignment.

GOVERNMENT AGENCY

CUSTOMER AGREEMENT
This Government Agency Agreement (this !Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW #210, Atlanta, GA 30318 (!Flock”) and the police department or government agency identified in the signature block below (!Agency” or “Customer”) (each a !Party,” and together, the !Parties”). $
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RECITALS
WHEREAS, Flock offers a solution for automatic license plate detection through Flock"s technology platform (the !Flock Service”), and upon detection, the Flock Service creates images and recordings of suspect vehicles (!Footage”) and can provide notifications to Agency upon the authorization from Non-Agency End User (!Notifications”); WHEREAS, Agency desires to purchase, use and/or have installed access to the Flock Service in order to create, view, search and archive Footage and receive Notifications, including those from non-Agency users of the Flock System (where there is an investigative purpose) such as schools, neighborhood home owners associations, businesses, and individual users; WHEREAS, unless legally required, because Footage is stored for no longer than 30 days in compliance with Flock"s records retention policy, Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices; and
WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the purpose of crime awareness and prevention by police departments and archiving for evidence gathering (!Purpose”).

AGREEMENT
NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals into this Agreement.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1.

1.1 !Authorized End User” shall mean any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.

1.2 "Agency Data” will mean the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Content will include the Footage and geolocation information and environmental data collected by sensors built into the Units.
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1.3 !Documentation” will mean text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement.

1.4 !Embedded Software” will mean the software and/or firmware embedded or preinstalled on the Hardware.

1.5 !Flock IP” will mean the Flock Services, the Documentation, the Hardware, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing.

1.6 !Footage” means still images and/or video captured by the Hardware in the course of and provided via the Services.

1.7 !Hardware” shall mean the Flock Gate Cameras and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services. The term !Hardware” excludes the Embedded Software.

1.8 !Installation Services” means the services provided by Flock regarding the installation, placements and configuration of the Hardware, pursuant to the Statement of Work attached hereto.

1.9 !Flock Services” means the provision, via the Web Interface, of Flock"s software application for automatic license plate detection, searching image records, and sharing Footage.

1.10 !Non-Agency End User” means a Flock"s non-Agency customer that has elected to give Agency access to its data in the Flock System for investigative purposes.

1.11 !Non-Agency End User Data” means the Footage, geolocation data, environmental data and/or Notifications of a NonAgency End User for investigative purposes only.

1.12 !Unit(s)” shall mean the Hardware together with the Embedded Software.

1.13 !Web Interface” means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services in accordance with the terms of this Agreement.

1.14 "Aggregated data" means information that relates to a group or category of customers, from which individual customers' identities have been removed, that is not linked or reasonably linkable to any customer, including via a device.

2. FLOCK SERVICES AND SUPPORT
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2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Service Term and No-Fee Term, solely for the Authorized End Users. The Footage will be available for Agency to access via the Web Interface for 30 days.

Authorized End Users will be required to sign up for an account, and select a password and username (!User ID”). Flock will also provide Agency the Documentation to be used in accessing and using the Flock Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User"s use of the Flock Services and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, including without limitation using a third party to host the Web Interface which make the Flock Services available to Agency and Authorized End Users. Flock will passthrough any warranties that Flock receives from its then current third-party service provider to the extent that such warranties can be provided to Agency. SUCH WARRANTIES, AS PROVIDED AS HONORED BY SUCH THIRD PARTIES, ARE THE CUSTOMER"S SOLE AND EXCLUSIVE REMEDY AND FLOCK"S SOLE AND EXCLUSIVE LIABILITY WITH REGARD TO SUCH THIRD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION HOSTING THE WEB INTERFACE. Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time.

2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Hardware by Flock; in each case, solely as necessary for Agency to use the Flock Services. $
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work shall cease; however, Flock will continue to monitor the performance of the Units. Agency understands and agrees that the Flock Services will not function without the Hardware.

2.7.4 Security Interest. The Hardware shall remain the personal property of Flock and will be removed upon the termination or expiration of this Agreement. Agency agrees to perform all acts which may be necessary to assure the retention of title of the Hardware by Flock. Should Agency default in any payment for the Flock Services or any part thereof or offer to sell or auction the Hardware, then Agency authorizes and empowers Flock to remove the Hardware or any part thereof. Such removal, if made by Flock, shall not be deemed a waiver of Flock"s rights to any damages Flock may sustain as a result of Agency"s default and Flock shall have the right to enforce any other legal remedy or right.

2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock"s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless. Any additional expenses incurred by Flock as a result of the discovery or presence of hazardous material or hazardous conditions shall be the responsibility of Agency and shall be paid promptly upon billing.

2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations (!Monitoring Services”). Subject to the terms hereof, Flock will provide Agency with reasonable technical and on-site support and maintenance services (!On-Site Services”) in-person or by email at hello@flocksafety.com. Flock will use commercially reasonable efforts to respond to requests for support.

3. AGENCY RESTRICTIONS AND

RESPONSIBILITIES

3.1 Agency Obligations. Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person"s name with the intent to impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency $
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2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, nontransferable right and license to use the Documentation during the Service Term for Agency"s internal purposes in connection with its use of the Flock Services as contemplated herein.

2.4 Usage Restrictions. Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (vi) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Application IP; (vii) use the Flock Services for timesharing or service bureau purposes or otherwise for the benefit of a third party or any purpose other than the Purpose; or (viii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency"s rights under Sections 2.1, 2.2, or 2.3. Nonagency data may only be accessed for investigative purposes.

2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock"s sole discretion. There are no implied rights.

2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency"s and any Authorized End User"s access to any portion or all of the Flock IP if (i) Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP; (b) Agency"s or any Authorized End User"s use of the Flock Service disrupts or poses a security risk to the Flock Service or any other customer or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock"s provision of the Flock Services to Agency or any Authorized End User is prohibited by applicable law; or (e) any vendor of Flock has suspended or terminated Flock"s access to or use of any third party services or products required to enable Agency to access the Flock (each such suspension, in accordance with this Section 2.6, a !Service Suspension”). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Agency (including notices sent to Flock"s registered email address) and to provide updates regarding $
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resumption of access to the Flock IP following any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Application Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Agency or any Authorized End User may incur as a result of a Service Suspension.

2.7 Installation Services.

2.7.1 Designated Locations. Prior to performing the physical installation of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. While Flock will provide advice regarding the location of positioning of such Units, Agency will have the ultimate decision regarding the location, position and angle of the Units (each Unit location so designated by Agency, a !Designated Location”). Due to the fact that Agency selects the Designated Location, Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations. After an installation plan with Designated Locations and equipment has been agreed upon by both Flock and the Agency, any subsequent changes to the installation plan driven by Agency's request will incur a $250 charge in addition to any equipment charges. These changes include but are not limited to camera repositioning, adjusting of camera mounting, re-angling, changes to heights of poles, and removing foliage.

2.7.2 Agency"s Installation Obligations. Agency agrees to allow Flock and its agents reasonable access to the designated installation locations at all reasonable times upon reasonable notice for the purpose of performing the installation work (together with the preceding sentence, the !Agency Installation Obligations”). It is understood that the Installation Fees do not include any permits or associated costs, any federal, state or local taxes including property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use, or any other services performed in connection therewith and that Agency shall be solely responsible for the foregoing. Agency represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation.

2.7.3 Flock"s Installation Obligations. The Hardware shall be installed in a workmanlike manner in accordance with Flock"s standard installation procedures, and the installation will be completed within a reasonable time from the time the Designated Locations are selected by Agency. Following the initial installation of the Hardware, Flock"s obligation to perform installation $
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will not share its account or password with anyone and must protect the security of its account and password. Agency is responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities and Agency equipment, as well as by means of assistance from Agency personnel, to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.

3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content and retention thereof.

4. CONFIDENTIALITY; AGENCY DATA; NONAGENCY DATA

4.1 Confidentiality. Each Party (the !Receiving Party”) understands that the other Party (the !Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party"s business (hereinafter referred to as !Proprietary Information” of the Disclosing Party). Proprietary Information of Flock is non-public information including but not limited to features, functionality, designs, user interfaces, trade secrets, intellectual property, business plans, marketing plans, works of authorship, hardware, customer lists and requirements, and performance of the Flock Services. Proprietary Information of Agency includes non-public Agency Data, Non-Agency End User Data, and data provided by Agency or a Non-Agency End User to Flock or collected by Flock via the Unit, including the Footage, to enable the provision of the Services. The Receiving Party shall not disclose, use, transmit, inform or make available to any entity, person or body any of the Proprietary Information, except as a necessary part of performing its obligations hereunder, and shall take all such actions as are reasonably necessary and appropriate to preserve and protect the Proprietary Information and the parties"#respective rights therein, at all times exercising at least a reasonable level of care. Each party agrees to restrict access to the Proprietary Information of the other party to those employees or agents who require access in order to perform hereunder. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock"s use of the Proprietary Information may include processing the Proprietary $
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Information to send Agency Notifications or alerts, such as when a car exits Agency"s neighborhood, or to analyze the data collected to identify motion or other events.

The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by Receiving Party prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to Receiving Party without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any subpoena, summons, judicial order or other judicial or governmental process, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to obtain a protective order or otherwise oppose the disclosure. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Flock may store deleted Footage in order to comply with certain legal obligations but such retained Footage will not be retrievable without a valid court order.

4.2 Agency and Non-Agency End User Data. As between Flock and Agency, all right, title and interest in the Agency Data and Non-Agency End User Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, nonexclusive, royalty-free, worldwide license to use the Agency Data and Non-Agency End User Data and perform all acts with respect to the Agency Data and Non-Agency End User Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.9 above . As between Flock and Agency, Agency is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Agency Data and Non-Agency End User Data. As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data. This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency. $
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4.3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Agency Data and data derived therefrom). Agency acknowledges that Flock will be compiling anonymized and/or aggregated data based on Agency Data and Non-Agency End User Data input into the Services (the !Aggregated Data”). Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the Service Term hereof) to (i) use such Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Flock offerings, and (ii) disclose the Agency Data and Non-Agency End User Data (both inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set forth herein.

5. PAYMENT OF FEES

5.1 Fees. Agency will pay Flock the first Usage Fee and the Installation Fee (the !Initial Fees”) as set forth on the Order Form on or before the 7th day following the Effective Date of this Agreement. Flock is not obligated to commence the Installation Services unless and until the Initial Fees have been made and shall have no liability resulting from any delay related thereto.

Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty (30) days in advance of each Payment Period. All payments will be made by either ACH, check, or credit card.

5.2 Changes to Fees. Flock reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days"#notice prior to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Flock"s customer support department. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error. $
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5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection, and may result in immediate termination of Service. Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock"s net income.

5.4 No-Fee Term Access. Subject to Flock"s record retention policy, Flock offers complimentary access to the Flock System for 30 days (!No Fee Term”) to Agency when Non-Agency End Users intentionally prescribe access or judicial orders mandate access to Non-Agency End User Data. No hardware or installation services will be provided to Agency. No financial commitment by Agency is required to access the Flock Services or Footage. Should such access cause Flock to incur internal or out-ofpocket costs that are solely the result of the access, Flock reserves the right to invoice these costs to Agency under Section 5.3 and Agency agrees to pay them. For clarity, No-Fee Terms and Service Terms can occur simultaneously, and when a No-Fee Term overlaps with a Service Term, Agency agrees to pay the Initial Fees and Usage Fees payments according to Section 5.1.

6. TERM AND TERMINATION

6.1 Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the !Initial Term”). Following the Initial Term, this Agreement will automatically renew for successive renewal terms of the length set forth on the Order Form (each, a !Renewal Term”, and together with the Initial Term, the !Service Term”) unless either party gives the other party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

6.2 Agency Satisfaction Guarantee. At any time during the agreed upon term, a customer not fully satisfied with the service or solution may self-elect to terminate their contract. Self-elected termination will result in a one-time fee of up to $500 per camera to cover equipment removal costs. Upon self-elected termination, a refund will be provided, pro-rated for any fees paid for the remaining Term length set forth previously. Self-termination of the contract by the customer will be effective immediately. Flock will remove all equipment at own convenience upon termination. Advance notice will be provided.

6.3 Termination. In the event of any material breach of this Agreement, the non-breaching party may terminate this Agreement prior to the end of the Service Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty-day period. $
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Either party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business. Upon termination for Flock"s breach, Flock will refund to Agency a prorata portion of the pre-paid Fees for Services not received due to such termination.

6.4 Effect of Termination. Upon any termination of the Service Term, Flock will collect all Units, delete all Agency Data, terminate Agency"s right to access or use any Services, and all licenses granted by Flock hereunder will immediately cease.

Agency shall ensure that Flock is granted access to collect all Units and shall ensure that Flock personnel does not encounter Hazardous Conditions in the collection of such units. Upon termination of this Agreement, Agency will immediately cease all use of Flock Services.

6.5 No-Fee Term. The initial No-Fee Term will extend, after entering into this Agreement, for 30 days from the date a NonAgency End User grants access to their Footage and/or Notifications. In expectation of repeated non-continuous No-Fee Terms, Flock may in its sole discretion leave access open for Agency"s Authorized End Users despite there not being any current NonAgency End User authorizations. Such access and successive No-Fee Terms are deemed to be part of the No-Fee Term. Flock, in its sole discretion, can determine not to provide additional No-Fee Terms or can impose a price per No-Fee Term upon 30 days"# notice. Agency may terminate any No-Fee Term or access to future No-Fee Terms upon 30 days"#notice.

6.6 Survival. The following Sections will survive termination: 2.4, 2.5, 3, 4, 5 (with respect to any accrued rights to payment),

6.5, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 10.5.

7. REMEDY; WARRANTY AND DISCLAIMER

7.1 Remedy. Upon a malfunction or failure of Hardware or Embedded Software (a “Defect”), Agency must first make commercially reasonable efforts to address the problem by contacting Flock’s technical support as described in Section 2.9 above. If such efforts do not correct the Defect, Flock shall, or shall instruct one of its contractors to, in its sole discretion, repair or replace the Hardware or Embedded Software suffering from the Defect. Flock reserves the right to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit; provided that such inspection and test shall occur within 72 hours after Agency notifies the Flock of defect. Flock agrees to replace cameras at a fee according to the thencurrent Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule). Customer shall not be required to replace subsequently damaged or stolen units; however, Customer understands and agrees that functionality, including Footage, will be materially affected due to such subsequently damaged or stolen units and that Flock will have no liability to Customer regarding such affected functionality nor shall the Fees owed be impacted. $
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7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 above if any of the following exclusions apply: (a) misuse of the Hardware or Embedded Software in any manner, including operation of the Hardware or Embedded Software in any way that does not strictly comply with any applicable specifications, documentation, or other restrictions on use provided by Flock; (b) damage, alteration, or modification of the Hardware or Embedded Software in any way; or (c) combination of the Hardware or Embedded Software with software, hardware or other technology that was not expressly authorized by Flock.

7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock"s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY"S SOLE REMEDY, AND FLOCK"S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE HARDWARE AND/OR EMBEDDED SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION AND THE SUPPLEMENTAL CONDITIONS ADDENDUM, EXCEPT AS SET FORTH IN THE SUPPLEMENTAL CONDITIONS ADDENDUM, THE SERVICES AND INSTALLATION SERVICES ARE PROVIDED !AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE .

8. LIMITATION OF LIABILITY AND

INDEMNITY

8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO

ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO $
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UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR

ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF

DATA OR FOOTAGE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK"S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; OR (E) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL

OTHER CLAIMS, EXCEED TWO TIMES THE AMOUNT OF FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE

LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO MATTERS STATED IN THE SUPPLEMENTAL CONDITIONS ADDENDUM. IN THE EVENT OF AN EMERGENCY, AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES.

8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK"S AGGREGATE LIABILITY, IF ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE NO-FEE TERM EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Except for Flock"s willful acts, Agency agrees to pay for Flock"s attorneys"#fees to defend Flock for any alleged or actual claims arising out of or in any way related to the No-Fee Term.

8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims or actions against Flock"s suppliers.

8.4 Indemnity. Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys"#fees) in connection with any claim or action that arises from an alleged violation of Section 3.2, a breach of this Agreement, Agency"s Installation Obligations, Agency"s sharing of any data in connection with the Flock system, Flock employees or agent or Non-Agency End Users, or otherwise from Agency"s use of the Services, Hardware and any Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency"s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the Section 3.2 or this Agreement. $
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9. RECORD RETENTION

9.1 Data Preservation. The Agency agrees to store Agency Data and Non-Agency End User Data in compliance with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Agency"s consideration for paid access and no-fee access to the Flock System, to the extent that Flock is required by local, state or federal law to store the Agency Data or the Non-Agency End User Data, Agency agrees to preserve and securely store this data on Flock"s behalf so that Flock can delete the data from its servers and, should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Agency upon demand.

10. MISCELLANEOUS

10.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by Agency except with Flock"s prior written consent. Flock may transfer and assign any of its rights and obligations, in whole or in part, under this Agreement without consent.

10.3 Entire Agreement. This Agreement and the Order Form(s) are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. None of Agency"s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected.

10.4 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever.

10.5 Costs and Attorneys"#Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys"#fees.

10.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. The federal and state courts sitting in California will have proper and exclusive jurisdiction and venue $
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with respect to any disputes arising from or related to the subject matter of this Agreement. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

10.7 Publicity. Flock has the right to reference and use Agency"s name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock"s website.

10.8 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Services, the Hardware, the Embedded Software and Documentation are !commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be !commercial computer software” and !commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

10.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections.

10.10 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

10.11 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the organizations and individuals they are representing.

10.12 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
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EXHIBIT B

INSURANCE REQUIREMENTS
1) Insurance.
(1) Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
(2) Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (c) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(d) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(3) Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(a) Commercial General Liability
(i) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. $
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i. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (ii) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (b) Automobile Liability:
(c) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (4) Professional Liability (Errors & Omissions):
(a) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (b) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(5) Workers' Compensation:
(a) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (b) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers. (6) Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or selfinsurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
(7) Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (8) Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. (9) Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen $
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(15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. (10)Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice. (11)Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. (12)Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
(13)Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. (14) Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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Signature Certificate
Document Ref.: VQSHS-BASW9-E3OHA-M4TND
Document signed by:

Alex Latraverse
Verified E-mail:
[email protected]
IP: 76.97.107.29 Date: 01 Mar 2021 16:02:32 UTC
Document completed by all parties on:
01 Mar 2021 16:02:32 UTC

Page 1 of 1 ends

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company's revenue by accelerating the way it transacts. 1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: April 12, 2022
SUBJECT: APPROVAL TO SHARE FLOCK CAMERA INFORMATION WITH OTHER

LAW ENFORCEMENT AGENCIES
REPORT IN BRIEF:

The Orange County Sheriff’s Department has received requests from other law enforcement agencies to share access to the Flock license plate reading camera system to aid in their investigations. Upon review by County Counsel and the City Attorney, an agreement needs to be executed between the City and each law enforcement agency that requests access. The template agreement is attached for review and approval by City Council.

RECOMMENDED ACTION:

1. City Council declare this action is not a project per CEQA; and

2. Approve the template Inter-Agency Flock Information Sharing Agreement, and authorize the City Attorney to make any further edits necessary; and

BACKGROUND:

ANALYSIS/JUSTIFICATION:

County Counsel and the City Attorney agree that because the City leases the cameras from Flock, the City must give final approval of any information sharing. OCSD will continue to function as the day-to-day administrator of system access and use.

Item: 17B
Click here to return to the agenda.
2 Sharing information with another law enforcement agency means the City will give other law enforcement agencies permission to see the footage captured on any Flock cameras within the City of Stanton. The other law enforcement agency will have access to Flock’s web-based program via their own Flock account login information to obtain that footage.

The other law enforcement agency doesn’t request footage directly from OCSD or the City.

The template agreement is attached for review and approval by City Council. After the agreement is fully executed between the City and the other law enforcement agency, OCSD allow Flock camera access for the requesting law enforcement agency.

FISCAL IMPACT:

None.

ENVIRONMENTAL IMPACT:

This action is not a project per the California Environmental Quality Act.

LEGAL REVIEW:

The City Attorney has reviewed the template agreement and has no further edits at this time.

STRATEGIC PLAN OBJECTIVE ADDRESSED:
1 – Provide a safe community.

PUBLIC NOTIFICATION:

Notifications and advertisement were performed as prescribed by law.

Prepared by: Reviewed by:
/s/ Joe Ames /s/ HongDao Nguyen
Joe Ames, P.E., T.E.

Public Works Director/City Engineer
HongDao Nguyen
City Attorney
Approved by:
/s/ Jarad L. Hildenbrand
Jarad L. Hildenbrand
City Manager
Attachment:

A. Inter-Agency Flock Information Sharing Agreement template 55136.00700\34867171.2

INTER-AGENCY FLOCK INFORMATION SHARING AGREEMENT
This Agreement (“Agreement”) is made and effective on _______ (the “Effective Date”) by and between ______________________________, a _________________________ (“Other Agency”) and the City of Stanton, a California Municipal Corporation (“City”) (each an “Agency Party” and collectively the “Agency Parties”).

RECITALS
A. FLOCK is a computer-based system that utilizes emerging technology to capture a color image, as well as an infrared image, of the license plate of a vehicle. The infrared image is converted into a text file utilizing optical character recognition (OCR) technology. The text file is automatically compared against an “informational data file,” also known as a “hot list,” which can contain information on stolen or wanted vehicles, as well as vehicles associated with Amber Alerts, warrant subjects, and agency-defined information (collectively, “FLOCK Information”). FLOCK is owned and operated by Flock Group, Inc. (“Provider”).

B. Provider controls the specific technological means for securely storing and sharing FLOCK Information, and exclusively maintains, designs, and updates all FLOCK Information.

C. FLOCK cameras can be set up via mobile trailers or on fixed positions, such as freeway overpasses or traffic signals. FLOCK is capable of scanning license plates, notifying a user of a vehicle “hit,” and uploading FLOCK Information into a database or repository owned and controlled by Provider for retention and potential later review by a user (the “FLOCK Repository”).

D. Provider allows City, on a request-by-request basis, limited access to the FLOCK Repository in order to view, access, and/or copy FLOCK Information generated and/or captured by FLOCK cameras set up within City’s jurisdiction.

E. Provider allows or will allow, by one or more separate agreements, other public agencies to access the FLOCK Repository to view FLOCK Information captured or generated by cameras within those public agencies’ respective jurisdictions, including but not limited to Other Agency.

F. The Agency Parties, recognizing the public interest to be served by sharing their respective access to FLOCK Information, seek to share such FLOCK Information.

NOW THEREFORE, in consideration of the foregoing, the Agency Parties agree as follows:

Attachment: A
Click here to return to the agenda.
55136.00700\34867171.2
2 1. FLOCK Safety Administrator Each Agency Party shall task one or more officers and/or employees with communicating and coordinating with Provider in order to approve any maintenance, design changes, or updates to the FLOCK Repository (its “FLOCK Safety Administrator”).

2. Information Sharing
A. Information Sharing. Each Agency Party authorizes the release to the other Agency Party of all FLOCK Information residing in the FLOCK Repository to which each respective Agency Party has been given access by Provider, as permitted by law. The Agency Parties acknowledge that Provider has no obligation to share FLOCK Information with any Agency Parties based solely on their acceptance of this Agreement. To the extent any Agency Party has requested and received FLOCK Information, that Agency Party shall share the FLOCK Information within its control with the other Agency Party upon request, as permitted by law.

B. Limitation on Information Sharing. Each Agency Party shall only grant an approved login and password to access the FLOCK Repository to its authorized employees who have a corresponding need-to-know (its "Authorized Users").

Agency Parties and Authorized Users shall only release or make available FLOCK Information to persons or entities otherwise authorized to receive FLOCK Information.

C. Unauthorized Requests. If either Agency Party receives a request for FLOCK Information generated and/or captured by a FLOCK camera or similar device in the other Agency Party’s jurisdiction, from any individual or entity that is not authorized by Provider to access the FLOCK Repository, that Agency Party shall refer the request to the Agency Party within whose jurisdiction the FLOCK Information in question was generated and/or captured by FLOCK (the “Source Agency”).

D. Public Record Requests, Subpoenas, and Court Orders. If an Agency Party receiving a public records request, subpoena, or court order (a “Legal Request”) for FLOCK Information not within that Agency Party’s possession or control, but reasonably believed or suspected to be within the other Agency Party’s possession or control, shall immediately provide a copy of the Legal Request to the other Agency Party prior to providing a response to the Legal Request.

3. Information Accuracy
A. Information Accuracy. Agency Parties agree that FLOCK Information is assumed to be accurate. However, each Agency Party agrees that it uses the FLOCK Information at its own risk, and further agrees that it shall fully release and hold harmless the other Agency Party and its officers, employees, and/or agents from any claims, harms, damages, losses, or actions arising from or in connection 55136.00700\34867171.2
3 with that Agency Party’s enforcement actions, where such actions were partially or entirely based on FLOCK Information, regardless of the accuracy of that information. It is the responsibility of each Agency Party to confirm the accuracy of any FLOCK Information it receives.

B. No Obligation to Request FLOCK Information from Provider. Each Agency Party shall determine the frequency with which it will download, copy, request, receive, update, and/or access FLOCK Information from the FLOCK Repository. Neither Agency Party shall be obligated to access or request FLOCK Information by virtue of this Agreement. Each Agency Party’s FLOCK Safety Administrator shall share with the other Agency Party the schedule (if any) by which that Agency Party accesses, downloads, copies, requests, receives, or updates its FLOCK Information.

4. User Access
A. Login Application Procedures. Each Agency Party’s FLOCK Safety Administrator is responsible for management of all user accounts assigned to that Agency Party’s Authorized Users. Neither Agency Party shall allow any individual to be an Authorized User unless that individual is a current employee who is legally authorized to review criminal history data for crime prevention and detection purposes. Each Agency Party’s FLOCK Safety Administrator shall issue login information to an individual only after receiving a request for such access and ensuring that the individual meets the minimum standards to serve as an Authorized User.

B. Login Assignment. Each Agency Party’s FLOCK Safety Administrator shall issue a user login and password to each Authorized User. Authorized Users may be assigned to groups with differing levels of access based on the level of restriction of the FLOCK Information in question.

C. Login Termination. Each FLOCK Safety Administrator shall cause to be deactivated, voided, invalidated, removed, or otherwise terminated any login credentials or passwords assigned to Authorized Users who have since left the Agency, or who the Agency Party’s FLOCK Safety Administrator determines should be denied access for any other reason.

D. Intended Use. Each Authorized User agrees that FLOCK Information is to be used and the FLOCK Repository to be accessed solely for law enforcement purposes and consistent with applicable law. Authorized Users shall not use or share FLOCK Information for any criminal, illegal, unethical, or commercial purpose. Pursuant to California Government Code Title 1, Division 7, Chapter

17.25 (commencing with section 7284), federal, state, and local law enforcement agencies shall not use any non-criminal history information for immigration enforcement purposes. This restriction does not pertain to any information 55136.00700\34867171.2
4 concerning an individual’s immigration and/or citizenship status pursuant to 8 U.S.C. sections 1373 and 1644.

E. Limitations on Login Use. An Authorized User shall not access the FLOCK Repository by using a login credential or password assigned to another user. An Authorized User shall not share his or her login credential or password with another person, including another Authorized User.

F. Audit Trail. Each Agency Party shall log each transaction or login to the FLOCK Repository by its Authorized Users, and an audit trail created. Each Agency Party’s FLOCK Safety Administrator shall conduct an internal audit on a periodic basis to ensure Authorized User queries are made for legitimate law enforcement purposes only. This audit information shall be recorded and retained to allow the FLOCK Safety Administrator to complete the internal audit, and shall be maintained pursuant to that Agency Party’s retention policies and applicable law. Requests for transaction logs by another Agency Party shall be made in writing to the Agency Party’s FLOCK Safety Administrator, who shall provide the logs to the requesting party within a reasonable amount of time.

5. Confidentiality.

A. Confidentiality of Information. Information in the FLOCK Repository, and any copies created or downloaded therefrom, is confidential and is not subject to public disclosure, except as required by law. Only Authorized Users are allowed to view and use the information in the FLOCK Repository. Otherwise, the information shall at all times be kept confidential. At all times the FLOCK Information remains the sole property of Provider.

B. Internal Information Requests. An Authorized User who receives a request from a non-authorized requester for FLOCK Information shall inform the Source Agency of the request.

6. System Access. Access to FLOCK Information between the Agency Parties will be provided via such method as is mutually acceptable to the Agency Parties.

7. Liability. Each Agency Party is solely responsible for any and all claims (including, without limitation, claims for bodily injury, death, or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney fees, disbursements, and court costs), and "claims" of every kind and nature whatsoever, arising in any manner by reason of the negligent acts, errors, omissions, or willful misconduct incident to the performance of this Agreement, including the use or alleged or actual misuse of FLOCK Information by that Agency Party, its officers, agents, and/or employees, including but not limited to all claims related to “data breaches.”
55136.00700\34867171.2
5 8. Termination. Either Agency Party may terminate this Agreement by notifying the other Agency Party of its intent to withdraw from the Agreement in writing at least ten (10) days prior to the effective date of such termination, which date shall be specified in such notice.

9. Miscellaneous Provisions.

A. No Oral Modification. This Agreement may be modified only by a further writing that is duly executed by both Agency Parties.

B. No Assignment or Delegation. Neither Agency Party may assign its rights or delegate its obligations under this Agreement, or any interest therein, without the other Agency Party’s express prior written consent.

C. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

D. Choice of Law. This Agreement shall be governed by the laws of the State of California. Venue shall be proper in Orange County.

E. Notices. Any notice required by this Agreement or given in connection with it shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services.

If to City:

City of Stanton
Attention: Public Works Director
7800 Katella Avenue
Stanton, CA 90680
If to Other Party:
_____________
_____________
_____________
_____________
F. No Implied Waiver. An Agency Party's failure in any one or more instances to insist upon strict performance by the other Agency Party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform, or delay in performance of any term hereof. 55136.00700\34867171.2
6 G. Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

H. No Presumption Against Drafter. Both Agency Parties shall be deemed to have drafted this Agreement as the result of an arm’s length negotiation. Neither Agency Party shall have the terms of this Agreement construed against them on the basis that they drafted this Agreement.

IN WITNESS WHEREOF, the Agency Parties have executed this Agreement as of the date first above written.

CITY OF STANTON OTHER PARTY
By: By: _____________________
Jarad L. Hildenbrand
City Manager
ATTEST: ATTEST:

By: _______________________ By: _____________________
Patricia Vazquez
City Clerk

APPROVED AS TO FORM APPROVED AS TO FORM
By: ________________________ By: _____________________
HongDao Nguyen
City Attorney

Stanton City CouncilApril 12, 2022

Stanton City Council
April 12, 2022