Stanton City Council Agenda Prepared by the Office of the City Clerk April 11, 2023
AGENDA
CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY
JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
TUESDAY, APRIL 11, 2023 - 6:30 P.M.
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.
PUBLIC ACCESS IN-PERSON AND VIA TELECONFERENCE
(Electronically / Telephonically)
Attendance by the members of the public may view the meeting live in one of the following ways:
• Attend in person - City Council Chambers: 7800 Katella Avenue, California 90680. • Via Teleconference (electronically / telephonically) - Zoom:
In order to join the meeting via telephone please follow the steps below:
1. Dial the following phone number +1 (669) 444-9171 (US).
2. Dial in the following Meeting ID: (892 5322 6118) to be connected to the meeting.
In order to join the meeting via electronic device please utilize the Zoom URL link below:
• https://us02web.zoom.us/j/89253226118?pwd=c3pZSXlsaEN3YTdYMmlMZ3ozQi96dz09
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 5:00 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 or via e-mail at [email protected].
Stanton City Council Agenda Prepared by the Office of the City Clerk April 11, 2023
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.StantonCA.gov.
1. CLOSED SESSION None.
2. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY JOINT REGULAR MEETING (6:30 PM)
3. PLEDGE OF ALLEGIANCE
4. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Torres
Council / Agency / Authority Member Warren
Mayor Pro Tem / Vice Chairperson Van
Mayor / Chairman Shawver
5. SPECIAL PRESENTATIONS AND AWARDS
A. Presentation of proclamation declaring the month of April 2023 as Child Abuse Prevention Month in the City of Stanton.
B. Presentation by the Orange County Fire Authority regarding lithium-ion batteries.
6. 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
6A. 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.
Stanton City Council Agenda Prepared by the Office of the City Clerk April 11, 2023
6B. APPROVAL OF WARRANTS
City Council approve demand warrants dated March 9, 2023 – March 23, 2023, in the amount of $1,723,018.54.
6C. APPROVAL OF MINUTES
1. City Council approve Minutes of Special Meeting – March 22, 2023; and
2. City Council/Successor Agency/Housing Authority approve Minutes of Joint Regular Meeting – March 28, 2023.
6D. FEBRUARY 2023 INVESTMENT REPORT
The Investment Report as of February 28, 2023, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.
RECOMMENDED ACTION:
1. City Council finds 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 2023. 6E. FEBRUARY 2023 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of February 28, 2023, 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 2023.
Stanton City Council Agenda Prepared by the Office of the City Clerk April 11, 2023
6F. FEBRUARY 2023 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, 2023, 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, 2023.
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 General Fund and Housing Authority Fund’s February 2023 Revenue and Expenditure Report and Status of Capital Improvement Projects for the month ended February 28, 2023.
6G. MUNICIPAL FACILITY LICENSE AGREEMENT WITH CROWN CASTLE FIBER LLC Crown Castle, LLC is planning to remove a City owned streetlight on Beach Boulevard and install a new streetlight with a cellular antenna to be in compliance with the Federal Communication Commission (FCC) Declaration to support the deployment of 5G and other next-generation wireless services. Streetlights are owned, operated, and maintained by the City. This agreement establishes provisions regarding ownership of the equipment, maintenance, and responsibilities between the City and Crown Castle, LLC for the streetlight and equipment installed.
RECOMMENDED ACTION:
1. City Council declare that this item is not subject to the 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. Approve the Municipal Facility License Agreement with Crown Castle Fiber, LLC and authorize the City Manager to execute said Agreement.
Stanton City Council Agenda Prepared by the Office of the City Clerk April 11, 2023
6H. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA APPROVING SUBDIVISION PARCEL MAP NO. 2017-160
The subdivision parcel map for the development of two (2) single-family residential dwelling units for condominium purposes for the property located at 10572 Lexington Street has been submitted by the developer for final certification and recordation.
RECOMMENDED ACTION:
1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 32, and Section 15332 (In-Fill Development); and
2. Adopt Resolution No. 2023-06 approving final Parcel Map No. 2017-160, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, APPROVING SUBDIVISION PARCEL MAP NO. 2017-160 FOR THE PROPERTY LOCATED AT 10572 LEXINGTON AVENUE”;
and
3. Find that the recordation of Parcel Map No. 2017-160 will not be in violation of any of the provisions of Section 66474, 66474.1, and 66474.2 of the Subdivision Map Act; and
4. Find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of the Government Code, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of the Government Code; and
5. Authorize the Mayor to execute the Subdivision Improvement Agreement for Parcel Map No. 2017-160; and
6. Direct the City Engineer to review and approve any further technical edits necessary to allow for County Surveyor approval and for recordation of the map with the County Recorder of Orange County, and if edits are necessary, to require a revised Parcel Map; and
7. Direct the City Clerk to endorse on the face of the map of the Parcel Map, the certificate which embodies the approval of said map, and submit the map to the County Recorder of Orange County for recording.
END OF CONSENT CALENDAR
Stanton City Council Agenda Prepared by the Office of the City Clerk April 11, 2023
7. PUBLIC HEARINGS None.
8. UNFINISHED BUSINESS
8A. APPROVAL OF ORDINANCE NO. 1131
This Ordinance was introduced at the regular City Council meeting of March 28, 2023.
RECOMMENDED ACTION:
1. City Clerk read the title of Ordinance No. 1131, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, ADDING SECTION 10.08.015 TO THE MUNICIPAL CODE
TO ESTABLISH PARKING REQUIREMENTS BASED ON CURB
MARKINGS AND DETERMINING THE ORDINANCE TO BE EXEMPT
FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTIONS
15060(c)(2), 15061(b)(3) AND 15378(b)(5)”; and
2. City Council adopt Ordinance No. 1131.
9. NEW BUSINESS
10. 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.
Stanton City Council Agenda Prepared by the Office of the City Clerk April 11, 2023
11. WRITTEN COMMUNICATIONS None.
12. MAYOR/CHAIRMAN COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 12A. 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.
12B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE MEETING At this time Council/Agency/Authority Members may place an item on a future agenda. 12C. 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.
13. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL
14. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
14A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.
15. 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 6th day of April, 2023. s/ Patricia A. Vazquez, City Clerk/Secretary
CHILD ABUSE PREVENTION MONTH
APRIL, 2023
WHEREAS, in Federal fiscal year 2021, 3.9 million reports were made to child protective services; and WHEREAS, child abuse and neglect is a serious problem affecting every segment of our community, and finding solutions requires input and action from everyone; and WHEREAS, our children are our most valuable resources and will shape the future of the City of Stanton; and
WHEREAS, child abuse can have long‐term psychological, emotional, and physical effects that have lasting consequences for victims of abuse; and
WHEREAS, protective factors are conditions that reduce or eliminate risk and promote the social, emotional, and developmental well‐being of children; and WHEREAS, effective child abuse prevention activities succeed because of the partnerships created between child welfare professionals, education, health, community‐ and faith‐based organizations, businesses, law enforcement agencies, and families; and WHEREAS, communities must make every effort to promote programs and activities that create strong and thriving children and families; and
WHEREAS, we must work together as a community to increase awareness about child abuse and contribute to promote the social and emotional well‐being of children and families in a safe, stable, and nurturing environment; and
WHEREAS, prevention remains the best defense for our children and families.
NOW, THEREFORE, LET IT BE RESOLVED, that I, David J. Shawver, Mayor of the City of Stanton do hereby declare the month of April, 2023 to be CHILD ABUSE PREVENTION MONTH throughout the City of Stanton, and in doing so encourage the citizens of this community to join with me to take part in creating change for the future in raising public awareness and education to prevent child maltreatment and build healthy, safe, strong, nurturing families and communities.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND
AND CAUSED TO BE AFFIXED THE SEAL OF THE CITY OF
STANTON THIS 11TH DAY OF APRIL, 2023.
DAVID J. SHAWVER, MAYOR
Item: 5A
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March 9-March 23, 2023
Electronic Transaction Nos. $ 1,443,348.38
Check Nos. $ 279,670.16
TOTAL $ 1,723,018.54
Demands listed on the attached
registers are accurate and funds
are available for payment thereof.
/s/ Hannah Shin-Heydorn /s/ Michelle Bannigan
CITY OF STANTON
ACCOUNTS PAYABLE REGISTER
2445-2473
conform to the City of Stanton Annual
Budget as approved by the City Council.
136311-136364
Demands listed on the attached registers
City Manager Finance Director
Item: 6B
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Special Meeting – March 22, 2023 - Page 1 of 1
THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO
AMENDMENT AND APPROVAL AT NEXT MEETING
MINUTES OF THE CITY COUNCIL OF THE CITY OF STANTON
SPECIAL MEETING MARCH 22, 2023
1. CLOSED SESSION None.
2. CALL TO ORDER
The meeting was called to order at 3:10 p.m. by Mayor Shawver.
3. PLEDGE OF ALLEGIANCE
Led by Mayor Shawver.
4. ROLL CALL
Present: Council Member Taylor, Council Member Torres, and Mayor Shawver.
Absent: None.
Excused: Council Member Warren and Mayor Pro Tem Van.
SPECIAL ORDERS OF THE DAY
5. NEW BUSINESS
5A. DISCUSSION REGARDING COMMUNITY AND RESIDENT COMMENTS • Welcome and introduction
• Staff presentations on new and/or existing projects and/or programs within the City • Questions from residents and attendees
• Final and closing comments from the City Council and Staff Presentations and discussions by the City Council, staff, and residents regarding the City, City projects and programs, and addressing resident comments.
6. ADJOURNMENTMotion/Second: Shawver/
Motion carried at 4:30 p.m.
_______________________________________
MAYOR
ATTEST:
_______________________________________
CITY CLERK
Item: 6C
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Joint Regular Meeting – March 28, 2023 - Page 1 of 13
THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO
AMENDMENT AND APPROVAL AT NEXT MEETING
MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY
OF THE CITY OF STANTON
JOINT REGULAR MEETING MARCH 28, 2023
1. CLOSED SESSION None.
2. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY /
HOUSING AUTHORITY JOINT REGULAR MEETING
The City Council / Successor Agency / Housing Authority meeting was called to order at 6:30 p.m. by Mayor Shawver.
3. PLEDGE OF ALLEGIANCE
Led by Ms. Nena de la Torre.
4. ROLL CALL
Present: Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Torres, Council/Agency/Authority Member Warren, and Mayor/Chairman Shawver.
Absent: Mayor Pro Tem/Vice Chairperson Van.
Excused: None.
5. SPECIAL PRESENTATIONS AND AWARDS
A. Special presentation of awards to honor and recognize Stanton’s Women of Distinction 2023.
Introduction of Stanton’s Women of Distinction Committee Members:
• Council Member Carol Warren
• Mayor Pro Tem Hong Alyce Van
• Ms. Jenny Shawver
• Ms. Jhovana Ramirez
• Ms. Pamela Schoonover.
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The Committee Members introduced, recognized, and honored the City of Stanton’s Women of Distinction 2023:
• Dr. Korinne Kavanagh
• Ms. Kara Miles
• Ms. Karen Oliver
• Ms. Ashlyn Shoup
• Ms. Nina de la Torre
• Ms. Beatriz Rodriguez
• Ms. Erika Juarez Cruz
• Ms. Jenny Salcedo
• Ms. Erin Runnion
• Ms. Juanis Garcia
• Ms. Lee Wilkins
• Ms. Lorena Flores
• Ms. Mavis Ethans
• Ms. Sarah Neal-Brandt
• Ms. Sharon Chandler
• Ms. Sophia Manuel
• Ms. Tina Thomas
B. Mayor Shawver and Members of the City Council declared the City’s support of the Iranian-American community via proclamation, which was accepted by Ms.
Nena de la Torre and her family.
C. Presentation by Mr. Eric O’Donnell, Deputy Director, Townsend Public Affairs, providing the City Council with an update on State and Federal Legislation.
6. CONSENT CALENDAR
Motion/Second: Taylor/Van
ROLL CALL VOTE: Council/Agency/Authority Member Taylor AYE Council/Agency/Authority Member Torres AYE
Council/Agency/Authority Member Warren AYE
Mayor Pro Tem/Vice Chairperson Van AYE
Mayor/Chairman Shawver AYE
Motion unanimously carried:
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CONSENT CALENDAR
6A. 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
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.
6B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated February 24, 2023 – March 9, 2023, in the amount of $1,567,453.80.
6C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Joint Regular Meeting – March 14, 2023.
6D. SECOND AMENDMENT TO AGREEMENT FOR FAMILY RESOURCE CENTER
SERVICES WITH BOYS & GIRLS CLUB OF GARDEN GROVE
The attached Second Amendment to the Agreement for Family Resource Center Services would extend the term of the agreement for counseling services at the Family Resource Center (FRC) with the Boys & Girls Club of Garden Grove through June 30, 2025.
1. The City Council declared 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. Approved the Second Amendment to the Agreement for Family Resource Center Services with the Boys & Girls Club of Garden Grove; and
3. Authorized the City Manager to bind the City of Stanton and the Boys & Girls Club of Garden Grove in an amended agreement to provide counseling services.
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6E. CITY SPONSORSHIP REQUEST – STANTON COMMUNITY FOUNDATION 20TH
ANNUAL CAR SHOW
Per the City’s Sponsorship Program, the Stanton Community Foundation is requesting co-sponsorship of the 20th Annual Car Show. The sponsorship request is for in-kind consideration valued at $300. At its meeting on August 23, 2022, the City Council directed staff to bring all sponsorship requests to the Council for consideration until further notice.
1. The City Council declared this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and
2. Determined the status of the Stanton Community Foundation’s sponsorship request for a total in-kind value of $300.
6F. AWARD OF CONTRACT TO ALL CITY MANAGEMENT SERVICES, INC. FOR
CROSSING GUARD SERVICES
Following a Request for Proposals in 2019 soliciting proposals to provide professional cross guard services for three (3) locations at nearby schools, All City Management Services, Inc. (ACMS) was awarded a one (1) year contract at the March 23, 2021, City Council meeting. The contract term expired as of June 30, 2022. Following discussion, City staff and ACMS were able to come to an agreement for a new three (3) year contract. To ensure a safe community, City staff recommends entering into an agreement with All City Management Services, Inc. to continue to provide professional crossing guard services.
1. The City Council declared this action to be categorically exempt under the California Environmental Quality Act, since the action herein does not constitute a “project” as defined by Section 15378 of the CEQA guidelines; and
2. Awarded a contract to All City Management Services, Inc. to provide professional crossing guard services for a 3-year maximum contract amount of $137,000, excluding CPI adjustments as provided for in the draft Professional Services Agreement; and
3. Authorized the City Manager to, with concurrence of the City Attorney, to make minor modifications to the Professional Services Agreement and to bind the City of Stanton; and
4. Authorized the City Manager to approve contract change orders and contract amendments with All City Management Services, Inc., as needed and determined by City staff, for any contingencies up to $13,700 (10% of contract amount).
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6G. ACCEPTANCE OF THE FISCAL YEAR (FY) 2021-22 CITYWIDE STREET
RESURFACING PROJECT BY THE CITY COUNCIL OF THE CITY OF STANTON,
CALIFORNIA
The FY 2021-22 Citywide Street Resurfacing Project consisting of roadway grading and earthwork, curb and gutter, asphalt pavement, slurry seal, signing and striping, and all appurtenant work of the arterial highways throughout the City of Stanton is now complete. The final construction cost for the project was $2,015,848.59. The City Engineer certifies that the work was satisfactorily completed as of February 15, 2023 and recommends that the City Council accept the completed work performed on this project.
1. The City Council declared that project categorically exempt under the California Environmental Quality Act (CEQA), Class 1, Section 15301c; and
2. Approved the final construction contract amount of $2,015,848.59 with All American Asphalt, Inc.; and
3. Directed the City Clerk within ten (10) days from the date of acceptance to file the Notice of Completion (Attachment) with the County Clerk-Recorder of the County of Orange; and
4. Directed City staff after thirty-five (35) days has elapsed from the filing of the “Notice of Completion” with the County Clerk-Recorder to make the retention payment to All American Asphalt, Inc. in the amount of $100,793.00. 6H. AUTHORIZING ADJUSTMENTS TO SCOPE OF SERVICES FOR
TELECOMMMUNICATIONS PROFESSIONAL SERVICES AGREEMENT WITH
TPX COMMUNICATIONS
At its meeting of October 11, 2022, Council approved a professional services agreement with TPx Communications (TPx) to provide telecommunications services.
TPx Communications provides flexible scaling of their cloud voice phone system to accommodate changes in the number of phone users. Staff is requesting authorization to make minor adjustments to the scope of services to meet the operational needs of the City.
1. The City Council declared 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. Authorized the City Manager to make service quantity changes in the TPx Telecommunications Service Agreement, provided that the cumulative resulting change in cost does not exceed the City Manager’s signing authority.
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6I. MEETING DATES – AMENDED FOR THE STANTON CITY COUNCIL, STANTON
PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION, STANTON
PLANNING COMMISSION, AND STANTON PUBLIC SAFETY COMMITTEE City Council review the attached amended 2023 meeting dates for the Stanton City Council, Stanton Parks, Recreation and Community Services Commission, Stanton Planning Commission, and Stanton Public Safety Committee.
1. The City Council finds 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. Received and filed the Stanton City Council, Stanton Parks, Recreation and Community Services Commission, Stanton Planning Commission, and Stanton Public Safety Committee amended meeting dates for the year 2023.
END OF CONSENT CALENDAR
Mayor Shawver requested a motion to reconsider Consent Calendar Item 6F.
Motion/Second: Shawver/Van
Motion carried by the following vote:
AYES: 5 (Shawver, Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Motion unanimously carried:
The City Council pulled Consent Calendar Item 6F for reconsideration. 6F. AWARD OF CONTRACT TO ALL CITY MANAGEMENT SERVICES, INC. FOR
CROSSING GUARD SERVICES
Following a Request for Proposals in 2019 soliciting proposals to provide professional cross guard services for three (3) locations at nearby schools, All City Management Services, Inc. (ACMS) was awarded a one (1) year contract at the March 23, 2021, City Council meeting. The contract term expired as of June 30, 2022. Following discussion, City staff and ACMS were able to come to an agreement for a new three (3) year contract. To ensure a safe community, City staff recommends entering into an agreement with All City Management Services, Inc. to continue to provide professional crossing guard services.
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Motion/Second: Shawver/Taylor
Motion carried by the following vote:
AYES: 5 (Shawver, Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Motion unanimously carried:
1. The City Council declared this action to be categorically exempt under the California Environmental Quality Act, since the action herein does not constitute a “project” as defined by Section 15378 of the CEQA guidelines; and
2. Awarded a contract to All City Management Services, Inc. to provide professional crossing guard services for a 3-year maximum contract amount of $137,000, excluding CPI adjustments as provided for in the draft Professional Services Agreement; and
3. Authorized the City Manager to, with concurrence of the City Attorney, to make minor modifications to the Professional Services Agreement and to bind the City of Stanton; and
4. Authorized the City Manager to approve contract change orders and contract amendments with All City Management Services, Inc., as needed and determined by City staff, for any contingencies up to $13,700 (10% of contract amount).
7. PUBLIC HEARINGS None.
8. UNFINISHED BUSINESS None.
9. NEW BUSINESS
9A. AUTHORIZATION FOR COUNCIL MEMBERS TO ATTEND UPCOMING
MEETINGS AND EVENTS
Pursuant to the City of Stanton Travel and Reimbursement policy, a Council Member must receive City Council approval prior to a trip if the trip will exceed $500.
Council will consider the following requests for travel:
• Mayor David J. Shawver
o Event: Southern California Association of Governments (SCAG) 2023 Regional Conference and General Assembly
o Location: Palm Desert, CA
o Dates: May 4 – 5, 2023
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Staff report by Ms. Hannah Shin-Heydorn, City Manager.
Motion/Second: Taylor/Warren
Motion carried by the following vote:
AYES: 5 (Shawver, Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Motion unanimously carried:
1. The City Council finds 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. Authorized the Mayor’s attendance at the proposed meeting as desired and authorized staff to make a budget adjustment as needed to cover travel costs. 9B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON,
CALIFORNIA, PERTAINING TO RESTRICTIONS BASED ON CURB MARKINGS This ordinance establishes parking restrictions on City streets based on the color that the City paints curbs through the authority found in California Vehicle Code § 21458.
Staff report by Mr. Cesar Rangel, Public Works Director / City Engineer.
Motion/Second: Shawver/Warren
ROLL CALL VOTE: Council/Agency/Authority Member Taylor AYE Council/Agency/Authority Member Torres AYE
Council/Agency/Authority Member Warren AYE
Mayor Pro Tem/Vice Chairperson Van AYE
Mayor/Chairman Shawver AYE
Motion unanimously carried:
1. The City Council finds the proposed ordinance not subject to the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines section 15060(c)(2), 15061(b)(3), and 15378(b)(5); and
2. Conducted the first reading of Ordinance No. 1131 entitled:
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“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA, ADDING SECTION 10.08.015 TO THE
MUNICIPAL CODE TO ESTABLISH PARKING REQUIREMENTS
BASED ON CURB MARKINGS AND DETERMINING THE ORDINANCE
TO BE EXEMPT FROM CEQA PURSUANT TO STATE CEQA
GUIDELINES SECTIONS 15060(c)(2), 15061(b)(3) AND 15378(b)(5)”; and
3. Set April 11, 2023 as the date for second reading of Ordinance No. 1131. 9C. CITY COUNCIL CONSIDERATION OF OPTING INTO SETTLEMENT
AGREEMENTS WITH THE FOLLOWING DEFENDANTS WHO HAVE ENTERED INTO NATIONAL OPIOID SETTLEMENTS - TEVA; ALLERGAN; WALMART; WALGREENS; AND CVS
Consideration of opportunity to opt into federal settlement agreements with defendants who have entered into National Opioid Settlements: Teva, Allergan, Walmart, Walgreens, and CVS.
Staff report by Ms. Patricia A. Vazquez, City Clerk.
Motion/Second: Warren/Van
Motion carried by the following vote:
AYES: 5 (Shawver, Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Motion unanimously carried:
1. The City Council declared 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. Opted into settlement agreements with three pharmacy chains — CVS, Walgreens, and Walmart and directed the City Manager to execute any documents necessary to implement the action and, when possible, allocate the City’s designated share of settlement funds to the County of Orange; and
3. Opted into settlement agreements with two opioid manufacturers — Allergan and Teva and directed the City Manager to execute any documents necessary to implement the action and, when possible, allocate the City’s designated share of settlement funds to the County of Orange.
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10. ORAL COMMUNICATION None.
11. WRITTEN COMMUNICATIONS None.
12. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 12A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS • Mayor Pro Tem Van reported on the City’s attendance at the grand opening and ribbon cutting ceremony of The Boil Daddy, which was held on March 21, 2023. • Mayor Pro Tem Van reported on the City’s attendance at the grand opening and ribbon cutting ceremony of Acai Republic, which was held on March 23, 2023. • Mayor Pro Tem Van reported on the Stanton Community Foundation’s 20th Annual Stanton Car Show event, which is scheduled to be held at Stanton Park on May 20, 2023.
• Mayor Pro Tem Van reported on the Stanton Community Garden's 3rd Annual Open Garden Day event, which is scheduled to be held on April 22, 2023. • Council Member Torres expressed his gratitude to Mayor Shawver for assisting in filling the Western High School’s Independent Learning Center with nutritious provisions for its students.
12B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL
MEETING
• Mayor Shawver requested to agendize discussion regarding the consideration of relocating agenda item 10. Oral Communication towards the beginning/top of the agenda.
12C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY
SESSION
None.
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12D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING
IMPLEMENTATION OF TERM LIMITS FOR THE POSITION OF MAYOR At the March 14, 2023, City Council meeting, Council Member Taylor requested that this item be agendized for discussion. Council Member Taylor is requesting to discuss the implementation of term limits for the position of Mayor, bringing the position in line with the current term limits of Council Member positions.
Introduction by Ms. Patricia A. Vazquez, City Clerk.
Presentation by Council Member Taylor.
Item carried by the following vote:
AYES: 3 (Taylor, Torres, and Warren)
NOES: 2 (Shawver and Van)
ABSTAIN: None
ABSENT: None
Item carried:
The City Council received consensus and directed staff to proceed with research and to bring this item back for City Council review at a future City Council meeting. 12E. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING THE CITY’S
CURRENT DISTRICT-BASED ELECTION SYSTEM
At the March 14, 2023, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss the City’s current district-based election system.
Introduction by Ms. Patricia A. Vazquez, City Clerk and Mr. John Natalizio, City Attorney.
Presentation by Mayor Shawver.
The City Council received and filed the discussion.
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12F. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING THE
FEASIBILITY OF A MORATORIUM ON STREET VENDING
At the March 14, 2023, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss the feasibility of a moratorium on street vending.
Introduction by Ms. Patricia A. Vazquez, City Clerk and Mr. John Natalizio, City Attorney.
Presentation by Mayor Shawver.
Item carried by the following vote:
AYES: 5 (Shawver, Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Item carried:
The City Council received consensus and directed staff to proceed with research and to bring this item back for City Council review at a future City Council meeting.
13. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL None.
14. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
• Ms. Hannah Shin-Heydorn, City Manager reported on her upcoming excused absence at the April 11, 2023, City Council meeting and that Ms. Zenia Bobadilla will serve as Acting City Manager in his absence.
14A. ORANGE COUNTY SHERIFF’S DEPARTMENT
At this time the Orange County Sheriff’s Department will provide the City Council with an update on their current operations.
Sergeant Victor Contreras provided the City Council with an update on their current operations.
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15. ADJOURNMENT Motion/Second: Shawver/
Motion carried at 8:41 p.m.
_______________________________________
MAYOR/CHAIRMAN
ATTEST:
_______________________________________
CITY CLERK/SECRETARY
1 CITY OF STANTON
REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: April 11, 2023
SUBJECT: FEBRUARY 2023 INVESTMENT REPORT
REPORT IN BRIEF:
The Investment Report as of February 28, 2023, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.
RECOMMENDED ACTIONS:
1. City Council finds 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 2023.
BACKGROUND:
Changes in the City’s cash and investment balances during the month of February are summarized below:
Between January 31, 2023, and February 28, 2023, the City’s total cash and investments decreased by $262,635. During the month of February, the most significant revenues collected was approximately $1.1 million in sales tax and transaction and use tax revenue and the most significant expenditure paid was approximately $1.1 million to the County of Orange for the City’s monthly law enforcement services contract costs.
Beginning Balance Net Change Ending Balance
Cash and Investment Accounts (Pooled-All Funds) $ 61,454,247.89 $ (137,586.39) $ 61,316,661.50 Cash (Non-Pooled) 4,263,656.56 (125,048.92) 4,138,607.64 Total Cash and Investments $ 65,717,904.45 $ (262,635.31) $ 65,455,269.14 Item: 6D
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2 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 B. The detail of the City’s investments by type that are managed by City staff are shown in Attachment C.
The detail of investments by type that are managed by Chandler Asset Management, LLC (“Chandler”), of which we determined provide a net advantage to the City, are shown in Attachment D.
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.
As of February 28, 2023, the market value of the City’s total investment portfolio was $57.6 million, of which $32.7 million (57%) is managed by City staff and $24.9 million (43%) is managed by Chandler (Attachment B). During the month of February, the City deposited an additional $5 million in the State of California’s Local Agency Investment Fund (LAIF). Detailed information regarding the securities contained in the City’s investment portfolio is provided in Attachments C and D. As of February 28, 2023, City investments consisted of the following:
The City’s investment portfolio is well-diversified with investments spread across nine different security types. Likewise, the average maturity of the City’s portfolio (except for LAIF) is approximately 2 years, which is within the 3.5 years target in the City’s investment policy.
Market Value as of
January 31, 2023
Percentage of
Portfolio
Invested by Type
Maximum
Percentage of
Portfolio
Permitted by
Investment Policy In Compliance?
Local Agency Investment Fund (LAIF) $ 22,498,193.04 42.11% 100.00% Yes U.S. Treasury Notes 9,155,574.50 17.14% 100.00% Yes
Corporate Notes 6,143,975.95 11.50% 30.00% Yes
Federal Agency Securities 4,910,981.80 9.19% 100.00% Yes Negotiable Certificates of Deposit 4,862,528.68 9.10% 30.00% Yes Asset Backed Securities 2,504,012.32 4.69% 20.00% Yes
Collateralized Mortgage Obligations 2,341,111.90 4.38% 20.00% Yes Municipal Bonds 962,465.60 1.80% 100.00% Yes
Money Market Funds 49,970.43 0.09% 20.00% Yes
Total Investments $ 53,428,814.22 100.00%
3 FISCAL IMPACT:
All deposits and investments have been made in accordance with the City's Fiscal Year 2022-23 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.
ENVIRONMENTAL IMPACT:
None.
LEGAL REVIEW:
None.
PUBLIC NOTIFICATION:
Through the normal agenda posting process.
STRATEGIC PLAN OBJECTIVE:
Obj. No. 4: Ensure fiscal stability and efficiency in governance.
Prepared by: Michelle Bannigan, Finance Director
Approved by: Hannah Shin-Heydorn, City Manager
Attachments:
A. Cash and Investment Balances by Fund
B. Investments Portfolio Summary
C. Investment Portfolio Detail (Managed by City Staff)
D. Investment Portfolio Detail (Managed by Chandler)
Fund/ Account
No. Fund/Account Name Beginning Balance Increases Decreases Ending Balance 101-various General Fund $ 25,511,185.26 $ 4,968,427.85 $ (5,424,319.91) $ 25,055,293.20 102-111101 General Fund (Transactions & Use Tax) (335,349.73) 575,868.20 (320,725.00) (80,206.53) 210-111101 Certified Access Specialists (CASP) Program Fund 57,790.33 - - 57,790.33 211-111101 Gas Tax Fund 1,736,800.02 - (92,901.47) 1,643,898.55 215-111101 Road Maintenance and Rehabilitation act (RMRA) Fund 461,517.85 189,569.24 (58,825.00) 592,262.09 220-111101 Measure M Fund 715,429.82 - - 715,429.82
222-111101 Community Development Block Grant Fund 212,171.46 - - 212,171.46 224-111101 Lighting Maintenance 1919 Act Fund 1,036,675.08 462.26 (1,148.15) 1,035,989.19 225-111101 Lighting/Median Maintenance 1972 Act Fund 995,471.17 3,271.94 (32,134.49) 966,608.62226-111101 Air Quality Improvement Fund 200,289.39 - - 200,289.39 227-111101 Other Grants Fund 249,027.17 - (15,860.05) 233,167.12 242-111101 Supplemental Law Enforcement Grant Fund 431,500.98 4,890.01 (12,500.00) 423,890.99245-111101 Justice Assistance Grant (JAG) Grant Fund (451,701.72) 533,927.99 (82,226.27) - 250-111101 Families and Communities Together (FaCT) Grant Fund (27,150.76) 3,064.96 (42,220.20) (66,306.00) 251-111101 Senior Transportation Fund 67,184.23 513.93 (2,569.64) 65,128.52257-111101 America Rescue Act Plan (ARPA) Fund 6,965,787.56 817.280 (165,110.76) 6,801,494.08 261-111101 Street Impact Fees Fund 102,274.56 - - 102,274.56 263-111101 Community Center Impact Fees Fund 170,054.81 - - 170,054.81264-111101 Police Services Impact Fees Fund 153,648.66 - - 153,648.66271-111101 Public Safety Task Force Fund (City Funds) 83,000.27 - - 83,000.27 280-111101 Stanton Central Park Maintenance Fund 24,562.10 4,933.34 9,034.50 20,460.94 285-various Stanton Housing Authority Fund 9,772,980.79 2,043,401.49 (2,083,925.86) 9,732,456.42 305-111101 Capital Projects Fund 307,330.43 63,877.18 (96,645.87) 274,561.74 310-111101 Park and Recreation Facilities Fund 3,818,972.26 - (23,877.89) 3,795,094.37 501-111101 Sewer Maintenance Fund 6,314,812.83 45,371.11 (58,836.53) 6,301,347.41 502-111101 Sewer Capital Improvement Fund 2,960.78 - - 2,960.78 602-111101 Workers' Compensation Fund 780,822.29 6,503.35 - 787,325.64 603-111101 Liability Risk Management Fund 102,463.27 - (32,485.62) 69,977.65 604-111101 Employee Benefits Fund 6,961.69 133,470.90 (120,644.51) 19,788.08 605-111101 Fleet Maintenance Fund 458,135.81 13,920.03 (5,180.56) 466,875.28 801-111101 Expendable Deposits Fund (21,702.87) 30,000.00 (3,578.65) 4,718.48 901-111101 North Orange County Public Safety Collaborative (NOC) Fund - 1,550,342.10 (75,126.52) 1,475,215.58 Total Pooled Cash and Investments(1) $ 8,622,291.06 61,454,247.89 $ $ (8,741,808.45) $ 61,316,661.50 Less: Investments(1) $ (53,428,814.22) $ (5,063,412.020) $ 907,678.83 $ (57,584,547.41) Cash - Bank of the West General Checking Account $ 8,025,433.67 $ 3,558,879.04 $ (7,834,129.62) $ 3,732,114.09
CITY OF STANTON
CASH AND INVESTMENTS REPORT
MONTH ENDED FEBRUARY 28, 2023
ATTACHMENT A
Fund/ Account
No. Fund/Account Name Beginning Balance Increases Decreases Ending Balance
CITY OF STANTON
CASH AND INVESTMENTS REPORT
MONTH ENDED FEBRUARY 28, 2023
CASH-NON-POOLED
xxx-111103 Payroll Account $ - $ 272,932.97 $ (272,932.97) $ - 101-111109 Flexible Spending/AFLAC 4,737.07 - (394.02) 4,343.05 101-111505 Petty Cash 600.00 - - 600.00
285-111403 Cash with Property Management Company (QMG) 85,652.49 17,247.43 (40,652.49) 62,247.43 604-111404 Cash with Fiscal Agent (PARS) (2) - 4,172,667.00 (101,249.84) 4,071,417.16 Total Cash-Non-Pooled $ 4,263,656.56 $ 290,180.40 $ (415,229.32) $ 4,138,607.64
INVESTMENTS
POOLED ALL FUNDS $ 53,428,814.22 $ 5,063,412.02 $ (907,678.83) $ 57,584,547.41 Total Investments (3) $ 5,063,412.02 53,428,814.22 $ $ (907,678.83) $ 57,584,547.41 TOTAL CASH AND INVESTMENTS $ 65,717,904.45 $ 8,912,471.46 $ (9,157,037.77) $ 65,455,269.14 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, investment sweep, and safekeeping accounts, the City's Local Agency Investment Fund (LAIF) account, the Housing Authority's LAIF 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
2 Invested by City
Staff
$32.7M
57%
Invested by
Chandler
$24.9M
43%
Portfolio Summary
as of February 28, 2023
TOTAL = $57.6M
ATTACHMENT C ATTACHMENT D
ATTACHMENT B Click here to return to the agenda.
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 2/28/2023
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
Bank Hapoalim NY 2.9 3/25/2024 06251AW48 4/24/2019 2.900 250,000.00 250,000.00 250,000.00 244,350.00 3/25/2024 391 3,098.63 0.75 Bank of New England NH 2.65 5/23/2024 06426KBE7 5/23/2019 2.650 249,000.00 249,000.00 249,000.00 241,779.00 5/23/2024 450 90.39 0.75 Cornerstone Community Bank CA 2.6 5/17/2024 219240BY3 5/17/2019 2.600 249,000.00 249,000.00 249,000.00 241,724.22 5/17/2024 444 195.11 0.75 EagleBank MD 2.65 4/28/2023 27002YEL6 4/30/2019 2.650 249,000.00 249,000.00 249,000.00 248,297.82 4/28/2023 59 0.00 0.75 Evansville Teachers FCU IN 2.25 7/22/2024 299547AV1 7/22/2019 2.250 249,000.00 249,000.00 249,000.00 239,545.47 7/22/2024 510 92.10 0.75 First Technology FCU CA 3.35 9/27/2023 33715LCJ7 9/27/2018 3.350 240,000.00 240,000.00 240,000.00 237,844.80 9/27/2023 211 22.03 0.72 First Tier Bank NE 1.95 8/23/2024 33766LAJ7 8/23/2019 1.950 249,000.00 249,000.00 249,000.00 237,936.93 8/23/2024 542 66.51 0.75 Healthcare Systems FCU VA 2.65 4/25/2024 42228LAD3 4/25/2019 2.650 246,000.00 246,000.00 246,000.00 239,335.86 4/25/2024 422 2,250.39 0.74 Horizon Bank NE 1.7 8/29/2023 44042TBQ6 7/29/2019 2.101 249,000.00 245,090.70 248,523.13 245,685.81 8/29/2023 182 0.00 0.75 Main Street Bank VA 2.6 4/26/2024 56065GAG3 4/26/2019 2.600 249,000.00 249,000.00 249,000.00 242,055.39 4/26/2024 423 35.47 0.75 McGregor TX 2.3 6/28/2024 32112UDA6 7/12/2019 2.200 249,000.00 250,170.30 249,313.72 240,944.85 6/28/2024 486 0.00 0.75 Merrick Bank UT 2.6 8/23/2023 59013J7P8 4/23/2019 2.600 249,000.00 249,000.00 249,000.00 246,298.35 8/23/2023 176 88.68 0.75 Morgan Stanley NY 3.1 2/7/2024 61760AVJ5 2/7/2019 3.100 246,000.00 246,000.00 246,000.00 241,562.16 2/7/2024 344 438.76 0.74 Morgan Stanley UT 3.1 2/7/2024 61690UDW7 2/7/2019 3.100 246,000.00 246,000.00 246,000.00 241,562.16 2/7/2024 344 438.76 0.74 Mountain America CU UT 3 3/27/2023 62384RAF3 4/9/2019 2.840 249,000.00 250,494.00 249,027.86 248,758.47 3/27/2023 27 20.47 0.75 Raymond James Bank FL 2 8/23/2024 75472RAE1 8/23/2019 2.000 247,000.00 247,000.00 247,000.00 236,253.03 8/23/2024 542 67.67 0.74 University of Iowa CU IA 3.05 5/15/2023 91435LAG2 4/25/2019 2.919 248,000.00 249,240.00 248,063.63 247,246.08 5/15/2023 76 559.53 0.75 Washington Federal Bank WA 1.95 8/28/2024 938828BN9 8/28/2019 1.950 249,000.00 249,000.00 249,000.00 237,842.31 8/28/2024 547 0.00 0.75 Sub Total / Average Certificate Of Deposit 2.576 4,462,000.00 4,461,995.00 4,461,928.34 4,359,022.71 343 7,464.50 13.43 Local Government Investment Pool
LAIF | City LGIP LAIFCITY0895 2/29/2020 2.624 18,975,824.17 18,975,824.17 18,975,824.17 18,707,960.90 N/A 1 57.11 LAIF | Housing Authority LGIP LAIFHA0004 2/29/2020 2.624 8,806,533.49 8,806,533.49 8,806,533.49 8,682,220.21 N/A 1 26.51 Sub Total / Average Local Government Investment Pool 2.624 27,782,357.66 27,782,357.66 27,782,357.66 27,390,181.11 1 0.00 83.62 Municipal
Arvin Community CA 2.5 3/1/2023 043288AK5 8/8/2019 2.350 275,000.00 276,399.75 275,001.08 275,000.00 3/1/2023 1 3,380.21 0.83 Fort Bragg CA 1.871 8/1/2024 347028JZ6 9/18/2019 1.750 205,000.00 206,150.05 205,336.16 196,291.60 8/1/2024 520 287.67 0.62 Riverside Pension CA 2.75 6/1/2024 769036BD5 8/28/2019 2.030 250,000.00 258,120.00 252,143.23 242,507.50 6/1/2024 459 1,661.46 0.75 Stockton CA 2.5 9/1/2023 861403AU7 5/1/2019 2.600 250,000.00 248,975.00 249,880.29 246,552.50 9/1/2023 185 3,072.92 0.75 Sub Total / Average Municipal 2.207 980,000.00 989,644.80 982,360.76 960,351.60 273 8,402.26 2.95 Total / Average 2.605 33,224,357.66 33,233,997.46 33,226,646.76 32,709,555.42 55 15,866.76 100
ATTACHMENT C
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ACCOUNT SUMMARY
Beg. Values
as of 1/31/23
End Values
as of 2/28/23
Market Value 25,105,627 24,874,992
Accrued Interest 199,117 167,542
Total Market Value 25,304,744 25,042,534
Income Earned 65,100 63,412
Cont/WD -2,304
Par 25,810,273 25,910,582
Book Value 25,089,182 25,180,796
Cost Value 25,089,182 25,180,796
TOP ISSUERS
Government of United States 38.2%
Federal Home Loan Mortgage Corp 9.2%
Federal Farm Credit Bank 7.8%
Federal Home Loan Bank 6.9%
Federal National Mortgage Assoc 2.4%
JP Morgan Chase & Co 1.7%
Bank of America Corp 1.7%
Morgan Stanley 1.7%
Total 69.5%
PORTFOLIO CHARACTERISTICS
Average Modified Duration 2.35
Average Coupon 3.04%
Average Purchase YTM 4.15%
Average Market YTM 4.88%
Average S&P/Moody Rating AA/Aa2
Average Final Maturity 2.77 yrs
Average Life 2.52 yrs
SECTOR ALLOCATION MATURITY DISTRIBUTION CREDIT QUALITY (S&P) Portfolio Summary
As of February 28, 2023
City of Stanton
Account #10991
PERFORMANCE REVIEW
Annualized
TOTAL RATE OF RETURN 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS 11/30/2022 City of Stanton -1.03% 0.18% 0.00% N/A N/A N/A N/A N/A N/A ICE BofA 1-5 Yr US Treasury & Agency Index -1.19% -0.09% -0.16% N/A N/A N/A N/A N/A N/A Chandler Asset Management - CONFIDENTIAL Page 1 Execution Time: 3/2/2023 12:38:42 PM ATTACHMENT D -Page 1 of 7
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Holdings Report
As of February 28, 2023
City of Stanton
Account #10991
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
ABS
58769KAD6 Mercedes-Benz Auto Lease Trust 2021-
B A3
0.4% Due 11/15/2024
357,232.83 Various
4.62%
345,187.31
345,187.31
97.67 5.65%
348,911.52
63.51 1.39%
3,724.21
NR / AAA
AAA
1.72 0.44
09690AAC7 BMW Vehicle Lease Trust 2021-2 A3
0.33% Due 12/26/2024
279,577.19 09/14/2022
4.00%
271,441.06
271,441.06
98.02 4.91%
274,040.05
15.38 1.09%
2,598.99
Aaa / NR
AAA
1.83 0.43
43815PAC3 Honda Auto Receivables 2022-2 A3
3.73% Due 7/20/2026
350,000.00 09/21/2022
4.36%
345,625.00
345,625.00
97.47 5.28%
341,153.82
471.43
1.36%
(4,471.18)
NR / AAA
AAA
3.39 1.69
89238FAD5 Toyota Auto Receivables OT 2022-B A3
2.93% Due 9/15/2026
350,000.00 09/13/2022
4.13%
342,207.03
342,207.03
96.57 5.32%
338,000.36
455.78
1.35%
(4,206.67)
Aaa / AAA
NR
3.55 1.46
05522RDD7 Bank of America Credit Card Tr 2021-A1
A1
0.44% Due 9/15/2026
400,000.00 09/22/2022
4.45%
376,187.50
376,187.50
94.82 5.25%
379,287.20
78.22 1.51%
3,099.70
NR / AAA
AAA
3.55 1.09
92348KAL7 Verizon Master Trust 2022-1 A
1.04% Due 1/20/2027
350,000.00 09/14/2022
3.03%
340,607.42
340,607.42
98.40 2.79%
344,415.54
111.22
1.38%
3,808.12
Aaa / AAA
NR
3.90 0.92
02582JJT8 American Express Credit Trust 2022-2 A
3.39% Due 5/17/2027
350,000.00 09/13/2022
4.18%
343,382.81
343,382.81
96.42 5.17%
337,476.06
527.33
1.35%
(5,906.75)
NR / AAA
AAA
4.22 2.07
47800BAC2 John Deere Owner Trust 2022-C A3
5.09% Due 6/15/2027
95,000.00 10/12/2022
5.15%
94,992.63
94,992.63
99.92 5.20%
94,920.67
214.91
0.38%
(71.96)
Aaa / NR
AAA
4.30 2.14
Total ABS 2,531,810.02 4.16%
2,459,630.76
2,459,630.76 4.92%
2,458,205.22
1,937.78
9.82%
(1,425.54)
Aaa / AAA
AAA
3.24 1.21
AGENCY
3130A0F70 FHLB Note
3.375% Due 12/8/2023
450,000.00 09/13/2022
3.90%
447,183.00
447,183.00
98.59 5.24%
443,645.10
3,501.56
1.79%
(3,537.90)
Aaa / AA+
AAA
0.78 0.75
3130A0XE5 FHLB Note
3.25% Due 3/8/2024
650,000.00 09/13/2022
3.89%
644,066.70
644,066.70
97.98 5.29%
636,894.06
10,151.74
2.58%
(7,172.64)
Aaa / AA+
NR
1.02 0.98
3130ASHK8 FHLB Note
3.125% Due 6/14/2024
650,000.00 09/13/2022
3.85%
642,128.50
642,128.50
97.42 5.21%
633,213.10
4,344.62
2.55%
(8,915.40)
Aaa / AA+
NR
1.29 1.24
3133ENJ84 FFCB Note
3.375% Due 8/26/2024
650,000.00 09/13/2022
3.83%
644,540.00
644,540.00
97.48 5.15%
633,603.10
304.69
2.53%
(10,936.90)
Aaa / AA+
AAA
1.49 1.43
3133ENP79 FFCB Note
4.25% Due 9/26/2024
650,000.00 09/22/2022
4.25%
649,948.00
649,948.00
98.68 5.13%
641,444.05
11,894.10
2.61%
(8,503.95)
Aaa / AA+
NR
1.58 1.48
Chandler Asset Management - CONFIDENTIAL Page 2 Execution Time: 3/2/2023 12:38:42 PM ATTACHMENT D -Page 2 of 7
Holdings Report
As of February 28, 2023
City of Stanton
Account #10991
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
AGENCY
3133ENP95 FFCB Note
4.25% Due 9/30/2025
650,000.00 09/23/2022
4.31%
648,875.50
648,875.50
98.93 4.69%
643,072.95
11,587.15
2.61%
(5,802.55)
Aaa / AA+
NR
2.59 2.38
3135G0Q22 FNMA Note
1.875% Due 9/24/2026
650,000.00 09/14/2022
3.73%
605,208.50
605,208.50
91.65 4.43%
595,743.20
5,315.10
2.40%
(9,465.30)
Aaa / AA+
AAA
3.57 3.36
Total Agency 4,350,000.00 3.97%
4,281,950.20
4,281,950.20 5.01%
4,227,615.56
47,098.96
17.07%
(54,334.64)
Aaa / AA+
AAA
1.79 1.69
CMO
3137BHXJ1 FHLMC K045 A2
3.023% Due 1/25/2025
454,739.20 09/16/2022
5.07%
443,050.99
443,050.99
96.34 5.07%
438,077.56
1,145.56
1.75%
(4,973.43)
NR / NR
AAA
1.91 1.73
3137BMTX4 FHLMC K052 A2
3.151% Due 11/25/2025
250,000.00 09/26/2022
4.89%
238,818.36
238,818.36
95.62 4.94%
239,061.58
656.46
0.96%
243.22
NR / NR
AAA
2.74 2.39
3137BN6G4 FHLMC KO53
2.995% Due 12/25/2025
350,000.00 09/16/2022
4.23%
338,064.45
338,064.45
95.16 4.92%
333,069.94
873.54
1.33%
(4,994.51)
NR / NR
AAA
2.82 2.49
3137BTUM1 FHLMC K061 A2
3.347% Due 11/25/2026
350,000.00 09/22/2022
4.37%
337,435.55
337,435.55
94.89 4.90%
332,112.69
976.21
1.33%
(5,322.86)
NR / NR
AAA
3.74 3.27
3137BVZ82 FHLMC K063
3.43% Due 1/25/2027
350,000.00 09/13/2022
3.97%
342,412.11
342,412.11
95.49 4.73%
334,219.65
1,000.42
1.34%
(8,192.46)
NR / NR
AAA
3.91 3.44
3137F2LJ3 FHLMC K066 A2
3.117% Due 6/25/2027
350,000.00 09/13/2022
3.97%
337,640.63
337,640.63
94.14 4.66%
329,507.26
909.13
1.32%
(8,133.37)
NR / NR
AAA
4.32 3.82
3137FAWS3 FHLMC K067 A2
3.194% Due 7/25/2027
310,000.00 09/22/2022
4.28%
295,856.25
295,856.25
94.34 4.63%
292,463.42
825.12
1.17%
(3,392.83)
Aaa / NR
NR
4.41 3.95
Total CMO 2,414,739.20 4.41%
2,333,278.34
2,333,278.34 4.84%
2,298,512.10
6,386.44
9.20%
(34,766.24)
Aaa / NR
AAA
3.35 2.96
CORPORATE
89115A2J0 Toronto-Dominion Bank Note
4.285% Due 9/13/2024
200,000.00 09/15/2022
4.57%
198,938.00
198,938.00
98.46 5.34%
196,910.00
3,951.72
0.80%
(2,028.00)
A1 / A
AA1.541.44
12572QAG0 CME Group Inc. Callable Note Cont
12/15/2024
3% Due 3/15/2025
250,000.00 09/16/2022
4.26%
242,670.00
242,670.00
96.18 4.99%
240,441.75
3,458.33
0.97%
(2,228.25)
Aa3 / AAAA2.04
1.92 Chandler Asset Management - CONFIDENTIAL Page 3 Execution Time: 3/2/2023 12:38:42 PM ATTACHMENT D -Page 3 of 7
Holdings Report
As of February 28, 2023
City of Stanton
Account #10991
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
CORPORATE
808513BB0 Charles Schwab Corp Callable Note
Cont 2/24/2025
4.2% Due 3/24/2025
250,000.00 09/16/2022
4.36%
249,015.00
249,015.00
98.06 5.18%
245,152.25
4,608.33
1.00%
(3,862.75)
A2 / A
A
2.07 1.94
78016EZ59 Royal Bank of Canada Note
3.375% Due 4/14/2025
200,000.00 09/16/2022
4.49%
194,656.00
194,656.00
96.19 5.29%
192,384.20
2,568.75
0.78%
(2,271.80)
A1 / A
AA2.131.99
756109AV6 Realty Income Corp Callable Not Cont
2/15/2025
3.875% Due 4/15/2025
250,000.00 09/13/2022
4.47%
246,425.00
246,425.00
97.05 5.35%
242,636.50
3,659.72
0.98%
(3,788.50)
A3 / ANR2.13
1.98 14913R2V8 Caterpillar Financial Service Note
3.4% Due 5/13/2025
125,000.00 09/21/2022
4.39%
121,940.00
121,940.00
96.56 5.06%
120,699.88
1,275.00
0.49%
(1,240.12)
A2 / A
A
2.21 2.07
06368D3S1 Bank of Montreal Note
3.7% Due 6/7/2025
350,000.00 09/13/2022
4.50%
342,912.50
342,912.50
96.70 5.26%
338,437.40
3,021.67
1.36%
(4,475.10)
A2 / AAA2.27
2.13 63743HFE7 National Rural Utilities Note
3.45% Due 6/15/2025
250,000.00 09/19/2022
4.42%
243,805.00
243,805.00
95.59 5.52%
238,981.75
1,820.83
0.96%
(4,823.25)
A2 / AA2.30
2.15 91324PCP5 United Health Group Inc Note
3.75% Due 7/15/2025
125,000.00 09/21/2022
4.36%
122,981.25
122,981.25
97.02 5.09%
121,275.00
598.96
0.49%
(1,706.25)
A3 / A+
A
2.38 2.23
89236TKF1 Toyota Motor Credit Corp Note
3.65% Due 8/18/2025
350,000.00 09/13/2022
4.23%
344,498.00
344,498.00
96.55 5.16%
337,909.95
461.32
1.35%
(6,588.05)
A1 / A+
A+
2.47 2.32
24422EWJ4 John Deere Capital Corp Note
4.05% Due 9/8/2025
125,000.00 09/21/2022
4.36%
123,933.75
123,933.75
97.93 4.93%
122,416.13
2,432.81
0.50%
(1,517.62)
A2 / A
A+
2.53 2.32
69371RS23 Paccar Financial Corp Note
4.95% Due 10/3/2025
250,000.00 09/27/2022
4.95%
250,020.00
250,020.00
99.81 5.03%
249,517.00
5,087.50
1.02%
(503.00)
A1 / A+
NR
2.60 2.36
713448FQ6 Pepsico Inc. Callable Note Cont 1/13/26
4.55% Due 2/13/2026
65,000.00 02/13/2023
4.57%
64,962.30
64,962.30
99.40 4.77%
64,609.22
131.44
0.26%
(353.08)
A1 / A+
NR
2.96 2.73
46647PCZ7 JP Morgan Chase & Co Callable Note
Cont 4/26/2025
4.08% Due 4/26/2026
200,000.00 09/13/2022
5.19%
195,980.00
195,980.00
97.19 5.49%
194,385.40
2,833.33
0.79%
(1,594.60)
A1 / AAA3.16
2.00 61747YET8 Morgan Stanley Callable Note Cont
7/17/2025
4.679% Due 7/17/2026
200,000.00 09/13/2022
5.18%
199,302.00
199,302.00
98.07 5.57%
196,139.00
1,143.76
0.79%
(3,163.00)
A1 / AA+3.38
2.21 06051GLA5 Bank of America Corp Callable Note
Cont 7/22/2025
4.827% Due 7/22/2026
200,000.00 09/13/2022
5.31%
199,336.00
199,336.00
98.37 5.57%
196,748.00
1,045.85
0.79%
(2,588.00)
A2 / AAA3.40
2.22 Chandler Asset Management - CONFIDENTIAL Page 4 Execution Time: 3/2/2023 12:38:42 PM ATTACHMENT D -Page 4 of 7
Holdings Report
As of February 28, 2023
City of Stanton
Account #10991
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
CORPORATE
06406RBJ5 Bank of NY Mellon Corp Callable Note
1X 7/24/2025
4.414% Due 7/24/2026
350,000.00 Various
4.92%
348,501.00
348,501.00
98.09 5.28%
343,314.30
1,587.81
1.38%
(5,186.70)
A1 / A
AA3.402.23
74340XBK6 Prologis LP Callable Note Cont 7/1/2026
3.25% Due 10/1/2026
250,000.00 09/14/2022
4.30%
240,397.50
240,397.50
94.23 5.03%
235,572.75
3,385.42
0.95%
(4,824.75)
A3 / A
NR
3.59 3.28
26442CAS3 Duke Energy Carolinas Callable Note
Cont 9/1/2026
2.95% Due 12/1/2026
250,000.00 09/16/2022
4.31%
237,035.00
237,035.00
93.10 4.99%
232,744.25
1,843.75
0.94%
(4,290.75)
Aa3 / A
NR
3.76 3.46
46647PCB0 JP Morgan Chase & Co Callable Note
Cont 4/22/2026
1.578% Due 4/22/2027
250,000.00 09/15/2022
5.20%
221,377.50
221,377.50
88.47 5.61%
221,165.75
1,413.63
0.89%
(211.75)
A1 / AAA4.15
3.80 91324PEG3 United Health Group Inc Callable Note
Cont 4/15/2027
3.7% Due 5/15/2027
250,000.00 09/13/2022
4.21%
244,607.50
244,607.50
95.39 4.92%
238,471.25
2,723.61
0.96%
(6,136.25)
A3 / A+
A
4.21 3.80
89115A2C5 Toronto-Dominion Bank Note
4.108% Due 6/8/2027
200,000.00 09/13/2022
4.73%
194,794.00
194,794.00
95.85 5.20%
191,706.40
1,894.24
0.77%
(3,087.60)
A1 / A
NR
4.28 3.82
61747YEC5 Morgan Stanley Callable Note Cont
7/20/2026
1.512% Due 7/20/2027
250,000.00 09/15/2022
5.16%
219,305.00
219,305.00
87.29 5.65%
218,230.25
430.50
0.87%
(1,074.75)
A1 / AA+4.39
4.11 06051GJS9 Bank of America Corp Callable Note
Cont 6/21/2027
1.734% Due 7/22/2027
250,000.00 09/15/2022
5.33%
219,722.50
219,722.50
88.08 5.64%
220,195.25
469.63
0.88%
472.75
A2 / AAA4.40
4.10 78016FZS6 Royal Bank of Canada Note
4.24% Due 8/3/2027
200,000.00 09/13/2022
4.73%
195,794.00
195,794.00
96.04 5.25%
192,072.60
659.56
0.77%
(3,721.40)
A1 / A
AA4.433.96
14913R3A3 Caterpillar Financial Service Note
3.6% Due 8/12/2027
250,000.00 09/13/2022
4.27%
242,635.00
242,635.00
95.47 4.74%
238,666.00
475.00
0.95%
(3,969.00)
A2 / A
A
4.45 4.04
023135BC9 Amazon.com Inc Callable Note Cont
5/22/2027
3.15% Due 8/22/2027
250,000.00 09/14/2022
4.17%
238,730.00
238,730.00
93.37 4.81%
233,422.25
196.88
0.93%
(5,307.75)
A1 / AA
AA4.484.10
24422EWK1 John Deere Capital Corp Note
4.15% Due 9/15/2027
250,000.00 09/13/2022
4.29%
248,480.00
248,480.00
97.19 4.85%
242,969.75
4,985.76
0.99%
(5,510.25)
A2 / A
A+
4.55 4.01
Total Corporate 6,390,000.00 4.61%
6,192,753.80
6,192,753.80 5.21%
6,107,174.23
58,165.11
24.62%
(85,579.57)
A1 / A
A+
3.22 2.82
Chandler Asset Management - CONFIDENTIAL Page 5 Execution Time: 3/2/2023 12:38:42 PM ATTACHMENT D -Page 5 of 7
Holdings Report
As of February 28, 2023
City of Stanton
Account #10991
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
MONEY MARKET FUND
31846V203 First American Govt Obligation Fund
Class Y
274,032.83 Various
4.06%
274,032.83
274,032.83
1.00 4.06%
274,032.83
0.00 1.09%
0.00 Aaa / AAA
AAA
0.00 0.00
Total Money Market Fund 274,032.83 4.06%
274,032.83
274,032.83 4.06%
274,032.83
0.00 1.09%
0.00 Aaa / AAA
AAA
0.00 0.00
US TREASURY
912828B66 US Treasury Note
2.75% Due 2/15/2024
650,000.00 09/26/2022
4.31%
636,517.58
636,517.58
97.76 5.16%
635,425.70
691.30
2.54%
(1,091.88)
Aaa / AA+
AAA
0.96 0.93
91282CEX5 US Treasury Note
3% Due 6/30/2024
650,000.00 09/15/2022
3.91%
639,818.36
639,818.36
97.30 5.11%
632,429.85
3,232.04
2.54%
(7,388.51)
Aaa / AA+
AAA
1.34 1.28
91282CFG1 US Treasury Note
3.25% Due 8/31/2024
650,000.00 09/21/2022
4.00%
640,935.55
640,935.55
97.43 5.05%
633,267.70
57.40 2.53%
(7,667.85)
Aaa / AA+
AAA
1.51 1.44
9128283P3 US Treasury Note
2.25% Due 12/31/2024
650,000.00 09/15/2022
3.85%
627,351.56
627,351.56
95.41 4.89%
620,191.65
2,424.03
2.49%
(7,159.91)
Aaa / AA+
AAA
1.84 1.76
9128284F4 US Treasury Note
2.625% Due 3/31/2025
650,000.00 09/14/2022
3.80%
631,667.97
631,667.97
95.81 4.76%
622,781.25
7,125.00
2.52%
(8,886.72)
Aaa / AA+
AAA
2.09 1.97
9128284M9 US Treasury Note
2.875% Due 4/30/2025
650,000.00 09/22/2022
4.15%
629,789.06
629,789.06
96.17 4.75%
625,092.00
6,246.37
2.52%
(4,697.06)
Aaa / AA+
AAA
2.17 2.05
91282CEU1 US Treasury Note
2.875% Due 6/15/2025
650,000.00 09/15/2022
3.89%
632,962.89
632,962.89
96.11 4.68%
624,711.10
3,901.79
2.51%
(8,251.79)
Aaa / AA+
AAA
2.30 2.17
91282CFE6 US Treasury Note
3.125% Due 8/15/2025
650,000.00 09/13/2022
3.75%
638,802.74
638,802.74
96.54 4.63%
627,504.15
785.57
2.51%
(11,298.59)
Aaa / AA+
AAA
2.46 2.33
91282CFK2 US Treasury Note
3.5% Due 9/15/2025
650,000.00 09/19/2022
3.90%
642,712.89
642,712.89
97.37 4.61%
632,912.15
10,495.17
2.57%
(9,800.74)
Aaa / AA+
AAA
2.55 2.36
9128286L9 US Treasury Note
2.25% Due 3/31/2026
650,000.00 09/14/2022
3.75%
617,880.86
617,880.86
93.72 4.45%
609,197.55
6,107.14
2.46%
(8,683.31)
Aaa / AA+
AAA
3.09 2.90
9128287B0 US Treasury Note
1.875% Due 6/30/2026
650,000.00 09/15/2022
3.78%
606,632.81
606,632.81
92.27 4.39%
599,777.10
2,020.03
2.40%
(6,855.71)
Aaa / AA+
AAA
3.34 3.17
9128282A7 US Treasury Note
1.5% Due 8/15/2026
650,000.00 09/13/2022
3.72%
597,923.83
597,923.83
90.76 4.41%
589,925.70
377.07
2.36%
(7,998.13)
Aaa / AA+
AAA
3.46 3.31
Chandler Asset Management - CONFIDENTIAL Page 6 Execution Time: 3/2/2023 12:38:42 PM ATTACHMENT D -Page 6 of 7
Holdings Report
As of February 28, 2023
City of Stanton
Account #10991
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
US TREASURY
91282CEF4 US Treasury Note
2.5% Due 3/31/2027
650,000.00 09/14/2022
3.66%
618,591.80
618,591.80
93.27 4.32%
606,226.40
6,785.71
2.45%
(12,365.40)
Aaa / AA+
AAA
4.09 3.78
91282CFH9 US Treasury Note
3.125% Due 8/31/2027
650,000.00 09/13/2022
3.57%
636,822.26
636,822.26
95.43 4.25%
620,318.40
55.20 2.48%
(16,503.86)
Aaa / AA+
AAA
4.51 4.14
91282CGC9 US Treasury Note
3.875% Due 12/31/2027
350,000.00 01/24/2023
3.59%
354,470.70
354,470.70
98.54 4.21%
344,886.85
2,247.93
1.39%
(9,583.85)
Aaa / AA+
AAA
4.84 4.33
91282CGH8 US Treasury Note
3.5% Due 1/31/2028
500,000.00 02/22/2023
4.12%
486,269.53
486,269.53
96.96 4.19%
484,804.50
1,401.93
1.94%
(1,465.03)
Aaa / AA+
AAA
4.93 4.45
Total US Treasury 9,950,000.00 3.87%
9,639,150.39
9,639,150.39 4.64%
9,509,452.05
53,953.68
38.19%
(129,698.34)
Aaa / AA+
AAA
2.74 2.56
TOTAL PORTFOLIO 25,910,582.05 4.15%
25,180,796.32
25,180,796.32 4.88%
24,874,991.99
167,541.97
100.00%
(305,804.33)
Aa2 / AA
AAA
2.77 2.35
TOTAL MARKET VALUE PLUS ACCRUED 25,042,533.96
Chandler Asset Management - CONFIDENTIAL Page 7 Execution Time: 3/2/2023 12:38:42 PM ATTACHMENT D -Page 7 of 7
1 CITY OF STANTON
REPORT TO THE SUCCESSOR AGENCY TO THE
STANTON REDEVELOPMENT AGENCY
TO: Honorable Chairman and Members of the Successor Agency DATE: April 11, 2023
SUBJECT: FEBRUARY 2023 INVESTMENT REPORT (SUCCESSOR AGENCY) REPORT IN BRIEF:
The Investment Report as of February 28, 2023, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.
RECOMMENDED ACTIONS:
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 2023.
BACKGROUND:
The attached report summarizes the Successor Agency’s investment and deposit balances as of February 2023. During the month of February, the Successor Agency’s cash and investments increased by approximately $5 to reflect interest earned on its U.S.
Bank fiscal agent accounts during the month. The Successor Agency’s cash and investment balances by fund are presented in Attachment A. The Successor Agency’s investments and deposits by financial institution 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 2023 was 2.43%.
The Successor Agency’s investments are shown on Attachment B and have a weighted investment yield of 2.62%, which is equal to the benchmark LAIF return of 2.62%, 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: 6E
Click here to return to the agenda.
2 With a completely liquid portfolio, the weighted average maturity of the Successor Agency’s investments on February 28, 2023, was 1 day. LAIF’s average maturity on February 28, 2023, was approximately 281 days.
FISCAL IMPACT:
All deposits and investments have been made in accordance with the City's Fiscal Year 2022-23 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.
Prepared by: Michelle Bannigan, Finance Director
Approved by: Hannah Shin-Heydorn, City Manager
Attachments:
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 $ 3,313,665.89 $ - $ 3,313,665.89 - $ Total Cash-Pooled (1) $ - 3,313,665.89 $ $ 3,313,665.89 - $ CASH-RESTRICTED (with Fiscal Agent)
712-111423 2016 Tax Allocation Bonds, Series A and B $ 713,950.00 $ 1.86 $ - $ 713,951.86 712-111425 2016 Tax Allocation Bonds, Series C and D 1,234,562.50 3.21 - 1,234,565.71 712-111426 2020 Tax Allocation Refunding Bonds, Series A 25.84 - - 25.84 Total Cash-Restricted (with Fiscal Agent) $ 1,948,538.34 $ 5.07 $ 1,948,543.41 - $ TOTAL CASH AND INVESTMENTS $ 5,262,204.23 $ 5.07 $ 5,262,209.30 - $ 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, 2023
ATTACHMENT A Click here to return to the agenda.
SUCCESSOR AGENCY TO THE STANTON REDEVELOPMENT AGENCY
INVESTMENTS AND DEPOSITS
Investment Issuer/ Date of Market MV
Type Institution Broker Maturity Cost Value Source
LAIF and BOW General Acct State of California/ BOW State of California On Demand 2.62% N/A $ 3,313,666 $ 3,313,666 LAIF Total Cash Investments and Deposits 1 2.62% $ 3,313,666 $ 3,313,666 Weighted AverageWeighted Average
Bond Funds Held by Trustees: Maturity (days) Yield
Investment Issuer/ CUSIP Date of Interest Par Market MV Type Institution Broker Number Maturity Rate Value Cost Value Source 2016 Series A and BDebt Service:Cash Equivalents US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 713,950 $ $ 713,950 $ US Bank 713,950 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 $ 713,951 $ 713,951
Investment Issuer/ CUSIP Date of Interest Par Market MV Type Institution Broker Number Maturit
y Rate
Value Cost
Value Source
2016 Series C and DDebt Service:Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 1,234,564 $ $ 1,234,564 $ 1,234,564 US Bank Interest:Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 1 1 1 US Bank Principal: Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 1 1 1 US Bank Total 2016 Series C and D $ 1,234,566 $ 1,234,566 MONTH ENDED FEBRUARY 28, 2023
Rate
Interest
ATTACHMENT B
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% $ 26 $ 26 $ US Bank 26 Total 2020 Tax Allocation Bonds (Tax-Exempt) $ 26 $ 26
Total Bond Fund Investments and Deposits (3) $ 1,948,543 1,948,543 $ TOTAL - ALL CASH AND INVESTMENTS $5,262,209 $5,262,209 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.
ATTACHMENT B
2 1
CITY OF STANTON
REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: April 11, 2023
SUBJECT: FEBRUARY 2023 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, 2023, 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, 2023.
RECOMMENDED ACTIONS:
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 General Fund and Housing Authority Fund’s February 2023 Revenue and Expenditure Report and Status of Capital Improvement Projects for the month ended February 28, 2023.
ANALYSIS:
General Fund Revenue and Expenditure Reports
Attachments A and B summarize the General Fund’s revenue and expenditure activity through February 28, 2023. 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: 6F
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2 As of February 28, total General Fund revenues received to date are approximately $15.2 million, which represents 51% of the Fiscal Year 2022/23 budgeted amount and is approximately $561,589 (4%) lower than the revenues recognized for the same period last year (Attachment A, page 2). Fiscal Year 2021/22 revenues include $890,000 for a one-time transfer from the Housing Authority Fund to the General Fund for the reimbursement of the purchase of 11870 Beach Boulevard.
Total General Fund expenditures are approximately $16.9 million through February 28, which represents 57% of the 2022/23 projected expenditures and is approximately $1.1 million (7%) higher than the expenditures incurred for the same period last year (Attachment B, page 2). The two divisions with the largest increases in costs compared to the same period for the previous fiscal year were: the Law Enforcement Division (#2100) and the Public Facilities Division (#3200). The Law Enforcement Division’s expenditures are $664,592 (8%) higher through February 2023 compared to actual costs through February 2022, which is consistent with the City’s 7% increase in law enforcement contract costs for the current fiscal year. Public Facilities Division expenditures are $267,320 (101%) higher than the same period in Fiscal Year 2021/22 due to the purchase of a new skip loader during Fiscal Year 2022/23.
Per Attachment C, the City’s General Fund reserves and available fund balance (“discretionary fund balance”) is expected to be $26.2 million by June 30, 2023 as shown in the table below:
Estimated
Balance
at 6/30/2023
Reserves set aside per City Resolution No. 2022-34 $ 13,900,000 Committed Developer Contributions 1,476,296
Undesignated Fund Balance 10,804,749
Total Discretionary Fund Balance $ 26,181,045
Housing Authority Revenue and Expenditure Reports
Attachment D summarizes the Housing Authority Fund’s revenue and expenditure activity through February 28, 2023. The report includes information on 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 $587,096, which represents 92% of the Fiscal Year 2022/23 budgeted amount and is $286,034 (33%) less than the revenue collected through the same period last year.
During Fiscal Year 2021/22, the Housing Authority received $681,902 for the sale of the 3 property located at 7455 Katella Avenue and the deposits received related to the exclusive negotiation agreement for the sale of the Tina Pacific residential project. Total Housing Authority Fund expenditures were $3.2 million through February 28, which represents 83% of the 2022/23 estimated expenditures and is $1.6 million (104%) higher than the expenditures incurred for the same period last year, due to the $2.5 million paid to assist Jamboree Housing with the acquisition of the Riviera Motel for a permanent supportive housing project.
Per Attachment E, the City’s Housing Authority Fund’s available fund balance is expected to be $9.2 million by June 30, 2023.
Status of Capital Improvement Projects (CIP) (Attachment F) The Fiscal Year 2022/23 CIP budget includes $4.5 million from the Fiscal Year 2022/23 Adopted Budget; $11.3 million in carryover funding from Fiscal Year 2021/22, and $1.2 million in additional appropriations approved by City Council since July 1, 2022, for a total amended budget of $17.0 million as of February 28, 2023. As of February 28, capital project expenditures totaled $2.4 million (14% of the amended budget) with an additional $1.4 million (8% of the amended budget) under contract (encumbered) for work currently underway, for a total amount spent or encumbered to date of $3.8 million (22% of the amended budget) as of February 28, 2023.
FISCAL IMPACT:
None.
ENVIRONMENTAL IMPACT:
None.
LEGAL REVIEW:
None.
PUBLIC NOTIFICATION:
Through the normal agenda posting process.
STRATEGIC PLAN OBJECTIVE:
Obj. No. 4: Ensure fiscal stability and efficiency in governance.
Prepared by: Michelle Bannigan, Finance Director
Approved by: Hannah Shin-Heydorn, City Manager
4 Attachments:
A. February 2023 General Fund Revenues
B. February 2023 General Fund Expenditures
C. General Fund Reserve Balances
D. February 2023 Housing Authority Revenue and Expenditures E. Housing Authority Reserve Balance
F. Status of Capital Improvement Projects as of February 28, 2023 %
FY 2022/23 FY 2022/23 Activity Change
Adopted Amended During Year To Date Percent of FY 2021/22 From Budget Budget February Actual * Budget Actual* Prior Year TAXES
Property Tax $ 7,983,200 $ 8,279,530 $ 14,934 $ 4,225,817 51.04% 4,073,147 $ 3.75% Sales and Use Tax 5,232,000 5,479,200 485,329 2,682,891 48.97% 2,644,510 1.45% Transactions and Use Tax 5,805,000 6,144,000 575,868 3,037,147 49.43% 2,928,950 3.69% Transient Occupancy Tax 610,000 650,000 46,490 404,820 62.28% 387,796 4.39% Franchise Fees 1,177,000 1,267,430 59,495 452,284 35.69% 381,249 18.63% Business Licenses 158,000 158,000 13,735 138,553 87.69% 124,499 11.29% Utility Users Tax 1,961,000 1,961,000 196,907 1,430,605 72.95% 1,230,538 16.26% Cannabis Tax 620,000 50,000 ‐ ‐ 0.00% ‐ **Tax Increment Pass‐thru Payment 429,450 555,000 ‐ 307,496 55.40% 270,516 13.67% TAXES‐TOTAL 23,975,650 24,544,160 1,392,758 12,679,613 51.66% 12,041,205 5.30%INTERGOVERNMENTAL County WDA Shared Revenue 100,000 100,000 ‐ ‐ 0.00% 101,376 ‐100.00% Mandated Cost Reimbursement 30,000 30,000 ‐ ‐ 0.00% ‐ ** Motor Vehicle In Lieu 30,000 30,000 ‐ ‐ 0.00% ‐ 45,717 100.00%Public Safety Augmentation Tax 193,000 200,350 15,603 108,012 53.91% 100,455 7.52% Planning Grants ‐ 150,000 ‐ ‐ 0.00% 152,434 ‐100.00%Federal Grants ‐ ‐ ‐ 8,708 ** ‐ 100.00%Other Grants 4,200 4,200 181 3,292 78.38% 105,234 ‐96.87% INTERGOVERNMENTAL‐TOTAL 357,200 514,550 15,784 120,012 23.32% 505,216 ‐76.25%
CHARGES FOR SERVICES
Charges for Services 256,425 166,025 11,544 112,250 67.61% 79,415 41.35% Information Technology Charges 37,605 37,605 3,134 25,070 66.67% 20,230 23.92% CHARGES FOR SERVICES‐TOTAL 294,030 203,630 14,678 137,320 67.44% 99,645 37.81%
FEES AND PERMITS
Solid Waste Impact Fees 1,175,000 1,085,000 97,826 663,247 61.13% 655,481 1.18% Building Permits and Fees 1,205,000 1,205,000 70,760 406,876 33.77% 604,840 ‐32.73% Planning Permits and Fees 104,250 104,250 5,081 46,458 44.56% 58,105 ‐20.04% Engineering Permits and Fees 91,000 91,000 10,300 79,508 87.37% 98,716 ‐19.46% Recycling Fees 90,500 90,500 18,665 38,870 42.95% 38,815 0.14% February 2023 General Fund Revenues (67% of year)
CITY OF STANTON
FY 2022/23
ATTACHMENT A
%
FY 2022/23 FY 2022/23 Activity Change
Adopted Amended During Year To Date Percent of FY 2021/22 From Budget Budget February Actual * Budget Actual* Prior Year February 2023 General Fund Revenues (67% of year)
CITY OF STANTON
FY 2022/23
Other Permits and Fees 225,900 226,400 18,818 177,625 78.46% 189,530 ‐6.28% Community Services Fees 45,700 45,700 5,047 48,142 105.34% 52,941 ‐9.06% FEES AND PERMITS ‐TOTAL 2,937,350 2,847,850 226,497 1,460,726 51.29% 1,698,428 ‐14.00%
FINES AND FORFEITURES
General Fines 700 700 ‐ 369 52.71% ‐ 18,284 97.98% Motor Vehicle Fines 45,000 45,000 ‐ 19,764 43.92% 24,661 ‐19.86% Parking Citations 225,000 225,000 15,830 116,767 51.90% 172,770 ‐32.41% DMV Parking Collections 71,000 71,000 ‐ 36,228 51.03% ‐ 37,928 4.48% Administrative Citation 10,000 10,000 ‐ 4,589 45.89% 3,940 16.47% FINES AND FORFEITURES‐TOTAL 351,700 351,700 15,830 177,717 50.53% 257,583 ‐31.01%
USE OF MONEY AND PROPERTY
Investment Earnings 217,000 217,000 ‐ 295,448 136.15% 71,173 315.11% Unrealized Gains (Losses) ‐ ‐ (367,959) (274,078) ** (359,602) ‐23.78% Interest on Loan to Landscape District Fund 11,020 ‐ 11,020 5,760 52.27% ‐ 10,882 47.07% Rental Income 93,335 99,335 7,060 126,629 127.48% 52,902 139.37% USE OF MONEY AND PROPERTY‐TOTAL 321,355 327,355 (360,899) 153,759 46.97% (224,645) ‐168.45%
MISCELLANEOUS REVENUE
Miscellaneous Revenue 163,935 166,935 2,249 15,423 9.24% ‐ 48,207 68.01% MISCELLANEOUS REVENUE‐TOTAL 163,935 166,935 2,249 15,423 9.24% ‐ 48,207 68.01%
TRANSFERS IN
From Gas Tax Fund 205,000 205,000 17,083 136,667 66.67% 136,667 0.00% From Protective Services Fund 382,000 389,730 ‐ 227,177 58.29% 217,697 4.35% From Supplemental Law Enforcement Grants Fund 150,000 150,000 12,500 100,000 66.67% 100,000 0.00% From Housing Authority Fund ‐ ‐ ‐ ‐ ** ‐ 890,000 100.00% TRANSFERS IN‐TOTAL 737,000 744,730 29,583 463,844 62.28% 1,344,364 ‐65.50% TOTAL REVENUES AND TRANSFERS IN $ 29,138,220 $ 29,700,910 $ 1,336,480 $ 15,208,414 51.21% 15,770,003 $ ‐3.56% * = Actual data is reported through February.
ATTACHMENT A
FY 2022/23 FY 2022/23 % Change
Adopted Amended Activity During Year To Date FY 2021/22 From Acct. No. Description Budget Budget February Actual * % of Budget Actual* Prior Year 101 General Fund
430100 Current Year‐Secured $ 1,178,100 $ 1,100,000 $ ‐ $ 631,710 57.43% $ ‐ 633,555 0.29% 430105 Current Year‐Unsecured 30,000 30,000 ‐ 26,734 89.11% 18,532 44.26% 430115 Property Tax‐Supplemental 20,000 20,000 2,272 25,092 125.46% 10,646 135.69%430120 Residual Redevelopment Property Tax 1,356,600 1,709,000 ‐ 823,340 48.18% 791,483 4.02% 430121 In‐Lieu Vehicle License Fee 5,258,500 5,299,730 ‐ 2,649,865 50.00% 2,504,005 5.83% 430135 Homeowners Tax Relief 1,000 4,800 ‐ 2,400 50.00% 2,480 ‐3.23% 430140 Property Transfer Tax 139,000 116,000 12,662 66,111 56.99% 112,334 ‐41.15%430145 Property Tax‐Penalties/Int ‐ ‐ ‐ 565 ** 112 404.46% 430200 Sales And Use Tax 5,232,000 5,479,200 485,329 2,682,891 48.97% 2,644,510 1.45% 430300 Transient Occupancy Tax 610,000 650,000 46,490 404,820 62.28% 387,796 4.39%430405 Franchise Tax/Cable TV 200,000 290,430 ‐ 90,430 31.14% 51,718 74.85% 430410 Franchise Tax/Electric 244,000 244,000 ‐ ‐ 0.00% ‐ ** 430415 Franchise Tax/Gas 75,000 75,000 ‐ ‐ 0.00% ‐ **430420 Franchise Tax/Refuse 570,000 570,000 59,495 361,854 63.48% 329,531 9.81% 430425 Franchise Tax/Water 88,000 88,000 ‐ ‐ 0.00% ‐ ** 430500 Business License Tax 158,000 158,000 13,735 138,553 87.69% 124,499 11.29% 430600 Util User Tax/Electricity 970,000 970,000 112,418 888,305 91.58% 706,389 25.75% 430605 Util User Tax/Telephone 271,000 271,000 14,940 117,618 43.40% 119,115 ‐1.26% 430610 Util User Tax/Gas 295,000 295,000 35,099 168,941 57.27% 129,532 30.42% 430615 Util User Tax/Water 425,000 425,000 34,450 255,741 60.17% 275,502 ‐7.17% 430700 Cannabis Tax 620,000 50,000 ‐ ‐ 0.00% ‐ **
440100 AB 1389 Pass Through from RDA 429,450 555,000 ‐ 307,496 55.40% 270,516 13.67% 101 General Fund 18,170,650 18,400,160 816,890 9,642,466 52.40% 9,112,255 5.82% 102 General Fund (Transactions & Use Tax)
430250 Transactions & Use Tax 5,805,000 6,144,000 575,868 3,037,147 49.43% 2,928,950 3.69% 102 General Fund (Transactions & Use Tax) 5,805,000 6,144,000 575,868 3,037,147 49.43% 2,928,950 3.69% TAXES ‐ TOTAL $ 23,975,650 $ 24,544,160 $ 1,392,758 $ 12,679,613 51.66% 12,041,205 $ 5.30% TAXES
February 2023 General Fund Revenues (67% of year)
FY 2022/23
* = Actual data is reported through February.
ATTACHMENT A
FY 2022/23 FY 2022/23 % Change
Adopted Amended Activity During Year To Date FY 2021/22 From Acct. No. Description Budget Budget February Actual * % of Budget Actual* Prior Year101 General Fund432121 County WDA Shared Revenue $ 100,000 100,000$ $ ‐ $ ‐ 0.00% $ 101,376 ‐100.00% 432135 Mandated Cost Reimbursement 30,000 30,000 ‐ ‐ 0.00% ‐ **432150 Motor Vehicle In Lieu 30,000 30,000 ‐ ‐ 0.00% ‐ 45,717 100.00% 432180 Public Safety Augmentation Tax 193,000 200,350 15,603 108,012 53.91% 100,455 7.52% 432245 Planning Grants ‐ 150,000 ‐ ‐ 0.00% 152,434 ‐100.00% 432256 Other Grants 4,200 4,200 181 3,292 78.38% 105,234 ‐96.87% 432270 Federal Grants ‐ ‐ ‐ 8,708 ** ‐ 100.00% INTERGOVERNMENTAL ‐ TOTAL $ 357,200 514,550$ $ 15,784 $ 120,012 23.32% 505,216 $ ‐76.25%
INTERGOVERNMENTAL
February 2023 General Fund Revenues (67% of year)
FY 2022/23
* = Actual data is reported through February.
ATTACHMENT A
FY 2022/23 FY 2022/23 % Change
Adopted Amended Activity During Year To Date FY 2021/22 From Acct. No. Description Budget Budget February Actual * % of Budget Actual* Prior Year 101 General Fund433100 Charges For Services $ 256,425 $ 166,025 $ 11,544 $ 112,250 67.61% 79,415 $ 41.35%433136 Information Technology Charges 37,605 37,605 3,134 25,070 66.67% 20,230 23.92% CHARGES FOR SERVICES ‐ TOTAL $ 294,030 $ 203,630 $ 14,678 $ 137,320 67.44% $ 99,645 37.81%
CHARGES FOR SERVICES
February 2023 General Fund Revenues (67% of year)
FY 2022/23
* = Actual data is reported through February.
ATTACHMENT A
FY 2022/23 FY 2022/23 % Change
Adopted Amended Activity During Year To Date FY 2021/22 From Acct. No. Description Budget Budget February Actual * % of Budget Actual* Prior Year 101 General Fund
431100 Building Plan Check Fees 175,000 $ $ 175,000 $ 15,774 $ 84,092 48.05% 160,190 $ ‐47.50% 431105 Mechanical Permits 100,000 100,000 2,700 30,333 30.33% 48,890 ‐37.96% 431110 Building Permits 750,000 750,000 37,241 185,666 24.76% 309,128 ‐39.94%431115 Plumbing Permits 80,000 80,000 1,680 27,225 34.03% 26,380 3.20% 431120 Electrical Permits 100,000 100,000 13,365 79,560 79.56% 60,252 32.05% 431130 Engineering Plan Check Fees 51,000 51,000 ‐ 13,185 25.85% ‐ 55,010 76.03% 431135 Public Works Permits 40,000 40,000 10,300 66,323 165.81% 43,706 51.75% 431140 S M I P ‐ Commercial Fees 400 400 ‐ 9 2.25% 7 28.57% 431145 S M I P‐Residential Permits 500 500 ‐ 48 9.60% 41 17.07% 431146 SB 1473 Fee 2,500 2,500 168 555 22.20% ‐ 570 2.63%431160 Solid Waste Impact Fees 1,175,000 1,085,000 97,826 663,247 61.13% 655,481 1.18% 431180 P/W Inspections ‐ 10,000 2,134 18,709 187.09% ‐ 100.00% 431185 Parking Permits 10,000 10,000 407 5,973 59.73% ‐ 33,562 82.20%431190 Towing Franchise Fee 25,000 25,000 360 13,140 52.56% ‐ 14,310 8.18% 431195 Other Fees & Permits 15,000 15,500 4,387 18,138 117.02% 17,040 6.44% 431201 Cannabis Business Renewal Permit Fee 10,000 ‐ ‐ ‐ ** ‐ ** 433200 Conditional Use Permit 7,000 7,000 ‐ 4,645 66.36% ‐ 17,395 73.30% 433205 Precise Plan Of Design 15,000 15,000 ‐ 16,380 109.20% 2,100 680.00% 433220 Preliminary Plan Review 8,000 8,000 ‐ ‐ 0.00% ‐ 11,250 100.00% 433225 Environmental Services 4,400 4,400 ‐ 675 15.34% 655 3.05%433227 Foreclosure Registration 10,850 10,850 1,126 6,023 55.51% 5,419 11.15% 433230 Zoning Entitlements 5,000 5,000 ‐ ‐ 0.00% ‐ ** 433235 Land Divisions 10,000 10,000 ‐ 1,535 15.35% ‐ 2,500 38.60% 433240 Special Event Permits 500 500 360 1,440 288.00% 360 300.00% 433245 Sign/Ban'R/Gar Sa/Temp Use Per 6,000 6,000 840 2,645 44.08% ‐ 4,430 40.29% 433250 Ministerial Services 12,000 12,000 1,080 7,010 58.42% ‐ 10,845 35.36%433260 Landscape Plan Check 1,000 1,000 1,300 2,925 292.50% 1,300 125.00%433270 General Plan Maint Surcharge 15,000 15,000 735 4,620 30.80% 1,822 153.57%
FEES AND PERMITS
February 2023 General Fund Revenues (67% of year)
FY 2022/23
ATTACHMENT A
FY 2022/23 FY 2022/23 % Change
Adopted Amended Activity During Year To Date FY 2021/22 From Acct. No. Description Budget Budget February Actual * % of Budget Actual* Prior Year 101 General Fund
FEES AND PERMITS
February 2023 General Fund Revenues (67% of year)
FY 2022/23
433285 Other Developmental Fees 5,000 ‐ 5,000 ‐ 0.00% ‐ 389 100.00%433305 General Recreation Programs 24,000 24,000 3,952 32,824 136.77% 30,243 8.53% 433315 Sports Fields 21,700 21,700 1,095 15,318 70.59% ‐ 22,698 32.51% 437115 Recycling Fees 90,500 90,500 18,665 38,870 42.95% 38,815 0.14% 430505 New/Moved Bus Lic Appl Rev 37,000 37,000 3,030 20,400 55.14% 20,390 0.05% 430510 Business Tax Renewal Process 128,000 128,000 7,342 95,812 74.85% ‐ 99,983 4.17% 430515 SB 1186 2,000 2,000 630 3,401 170.05% 3,267 4.10% FEES AND PERMITS ‐ TOTAL $ 2,937,350 $ 2,847,850 $ 226,497 $ 1,460,726 51.29% 1,698,428 $ ‐14.00% * = Actual data is reported through February.
ATTACHMENT A
FY 2022/23 FY 2022/23 % Change
Adopted Amended Activity During Year To Date FY 2021/22 From Acct. No. Description Budget Budget February Actual * % of Budget Actual* Prior Year 101 General Fund434100 General Fines $ 700 $ 700 $ ‐ $ 369 52.71% 18,284 $ ‐97.98% 434105 Motor Vehicle Fines 45,000 45,000 ‐ 19,764 43.92% 24,661 ‐19.86% 434110 Parking Citations 225,000 225,000 15,830 116,767 51.90% 172,770 ‐32.41% 434115 DMV Parking Collections 71,000 71,000 ‐ 36,228 51.03% 37,928 ‐4.48% 434120 Administrative Citations 10,000 10,000 ‐ 4,589 45.89% 3,940 16.47% FINES AND FORFEITURES ‐ TOTAL $ 351,700 $ 351,700 $ 15,830 $ 177,717 50.53% 257,583 $ ‐31.01%
FINES AND FORFEITURES
February 2023 General Fund Revenues (67% of year)
FY 2022/23
* = Actual data is reported through February.
ATTACHMENT A
FY 2022/23 FY 2022/23 % Change
Adopted Amended Activity During Year To Date FY 2021/22 From Acct. No. Description Budget Budget February Actual * % of Budget Actual* Prior Year 101 General Fund435100 Interest Earned 217,000 $ $ ‐ 217,000 $ $ 295,448 136.15% 71,173 $ ‐315.11% 435110 Unrealized Gains (Losses) ‐ ‐ (367,959) (274,078) ** (359,602) 23.78% 435200 Interest on Loan to Landscape District Fund 11,020 ‐ 11,020 5,760 52.27% 10,882 47.07% 436115 Property Rental ‐ 6,000 1,200 2,400 40.00% ‐ 100.00% 436125 Indoor Facility Rental 55,000 55,000 3,765 91,232 165.88% 21,370 ‐326.92% 436127 Picnic Shelters 16,450 16,450 2,095 18,223 110.78% 15,660 ‐16.37% 436135 Pac Bell Mobile Svcs‐Rent 21,885 ‐ 21,885 14,774 67.51% 15,872 6.92% USE OF MONEY AND PROPERTY ‐ TOTAL $ 321,355 $ 327,355 $ (360,899) $ 153,759 46.97% (224,645) $ 168.45%
USE OF MONEY AND PROPERTY
February 2023 General Fund Revenues (67% of year)
FY 2022/23
* = Actual data is reported through February.
ATTACHMENT A
FY 2022/23 FY 2022/23 % Change
Adopted Amended Activity During Year To Date FY 2021/22 From Acct. No. Description Budget Budget February Actual * % of Budget Actual* Prior Year 101 General Fund437100 Sale Of Publications $ ‐ $ ‐ $ ‐ $ 23 ** $ 122 ‐81.15% 437105 Firework Services 475 475 ‐ ‐ 0.00% ‐ ** 437110 Candidate Statements ‐ ‐ ‐ 1,508 ** ‐ 100.00%437125 Donations ‐ 3,000 ‐ 3,000 100.00% 800 275.00% 437135 Expense Reimbursement ‐ ‐ 95 4,048 ** 39,608 ‐89.78% 437137 Loan Repayment from Landscape Maintenance District 133,460 133,460 ‐ ‐ 0.00% ‐ ** 437195 Other Revenue 30,000 30,000 2,154 6,844 22.81% ‐ 7,677 10.85% MISCELLANEOUS REVENUE ‐ TOTAL $ 163,935 $ 166,935 $ 2,249 $ 15,423 9.24% $ ‐ 48,207 68.01%
MISCELLANEOUS REVENUE
February 2023 General Fund Revenues (67% of year)
FY 2022/23
* = Actual data is reported through February.
ATTACHMENT A
FY 2022/23 FY 2022/23 % Change
Adopted Amended Activity During Year To Date FY 2021/22 From Acct. No. Description Budget Budget February Actual * % of Budget Actual* Prior Year 101 General Fund November
439211 Transfer From Gas Tax Fund $ 205,000 $ 205,000 $ 17,083 $ 136,667 66.67% 136,667 $ 0.00% 439223 Transfer From Protective Services Fund 382,000 389,730 ‐ 227,177 58.29% 217,697 4.35% 439242 Transfer Fr Supp Law Enf Grant 150,000 150,000 12,500 100,000 66.67% 100,000 0.00% 439285 Transfer From Housing Authority ‐ ‐ ‐ ‐ ** ‐ 890,000 100.00% TRANSFERS IN ‐ TOTAL $ 737,000 $ 744,730 $ 29,583 $ 463,844 62.28% 1,344,364 $ ‐65.50%
TRANSFERS IN
February 2023 General Fund Revenues (67% of year)
FY 2022/23
* = Actual data is reported through February.
ATTACHMENT A
Division
No. Description
FY 2022/23
Adopted
Budget
FY 2022/23
Amended
Budget
Activity During
February
Year to Date
Actual *
Percent of
Budget
FY 2021/22
Actual*
1100 City Council $ 137,875 $ 134,655 $ 16,455 $ 85,553 63.53% $ 84,718 0.99% 1200 City Attorney 275,000 500,000 43,194 250,532 50.11% 138,690 80.64% 1300 City Manager 603,900 443,269 29,303 259,928 58.64% 318,411 ‐18.37% 1400 City Clerk 241,880 244,745 27,408 126,103 51.52% 117,919 6.94% 1410 Personnel/Risk Management 207,435 257,125 19,345 129,383 50.32% 107,669 20.17% 1510 Information Technology 683,135 690,210 51,169 420,436 60.91% 340,370 23.52% Administration 2,149,225 2,270,004 186,874 1,271,935 56.03% 1,107,777 14.82% 1500 Finance 977,075 982,750 67,625 558,480 56.83% 520,103 7.38% 1600 Non‐Dept (excludes Transfers) 315,000 390,000 ‐ 68,180 17.48% 446 15187.00% Finance 1,292,075 1,372,750 67,625 626,660 45.65% 520,549 20.38% 1520 Emergency Preparedness 5,000 9,175 2,695 4,175 45.50% ‐ 41,607 89.97% 2100 Law Enforcement 13,071,380 13,071,380 1,097,272 8,706,852 66.61% 8,042,260 8.26% 2200 Fire Protection 5,306,190 5,306,190 ‐ 2,654,101 50.02% 2,587,332 2.58% 2230 Contractual Ambulance Svcs 2,500 2,500 455 1,085 43.40% 400 171.25% 2300 Homeless Prevention ‐ 43,935 ‐ ‐ 0.00% ‐ **
2400 Animal Control Services 200,965 200,965 ‐ 64,827 32.26% 143,546 ‐54.84% 2500 Public Safety‐Other 117,310 168,495 6,581 75,926 45.06% ‐ 78,723 3.55% 4300 Parking Control 246,585 241,050 13,107 141,490 58.70% 164,359 ‐13.91% 6200 Code Enforcement 637,030 627,620 46,627 379,844 60.52% 315,133 20.53% Public Safety 19,586,960 19,671,310 1,166,737 12,028,300 61.15% 11,373,360 5.76% 3000 Public Works Administration 560,850 587,745 40,992 351,660 59.83% 296,947 18.43% 3100 Engineering 258,665 278,050 11,235 151,641 54.54% 48,654 211.67% 3200 Public Facilities 816,040 871,015 36,470 532,848 61.18% 265,528 100.67% 3300 Crossing Guard 45,165 45,165 4,802 26,546 58.78% 20,631 28.67% 3400 Parks Maintenance 466,110 445,455 24,831 237,248 53.26% 245,706 ‐3.44% 3500 Street Maintenance 508,135 463,795 29,950 249,576 53.81% 231,337 7.88% City of Stanton
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
% Change
from Prior
Year
* = Actual data is reported through February.
ATTACHMENT B
Division
No. Description
FY 2022/23
Adopted
Budget
FY 2022/23
Amended
Budget
Activity During
February
Year to Date
Actual *
Percent of
Budget
FY 2021/22
Actual*
City of Stanton
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
% Change
from Prior
Year
3600 Storm Drains 129,860 130,360 40,070 115,454 88.57% 75,276 53.37% 6300 Graffiti Abatement 110,370 114,375 7,620 53,149 46.47% 28,585 85.93% Public Works 2,895,195 2,935,960 195,970 1,718,122 58.52% 1,212,664 41.68% 4000 Community Development Administration 308,915 269,640 2,194 172,230 63.87% 187,645 ‐8.21% 4100 Planning 511,660 742,425 16,007 186,118 25.07% 314,426 ‐40.81% 4200 Building Regulation 524,990 524,990 1,024 26,326 5.01% 278,859 ‐90.56% 4400 Economic Development 37,800 ‐ 37,800 707 1.87% 570 24.04% Community Development 1,383,365 1,574,855 19,225 385,381 24.47% 781,500 ‐50.69% 5000 Public Information Office 143,875 133,660 8,613 68,710 51.41% 66,093 3.96% 5100 Community Services Administration 583,020 594,220 36,970 369,663 62.21% 386,085 ‐4.25% 5200 Community Center Operations 202,300 202,300 7,445 63,955 31.61% 53,107 20.43% 5300 Park Operations 238,925 238,925 15,399 159,051 66.57% 135,919 17.02% 5400 Senior Citizen Programs 67,360 67,360 7,225 43,708 64.89% 32,472 34.60% 5500 Recreation Programs 54,310 54,310 455 43,800 80.65% 37,532 16.70% Community Services 1,289,790 1,290,775 76,107 748,887 58.02% 711,208 5.30% Transfer to FACT Grant 46,470 46,470 3,065 34,890 75.08% 7,125 389.68% Transfer to Senior Transportation Fund 11,045 11,045 514 5,110 46.27% ‐ 5,617 9.03% Transfer to SCP Maintenance 59,200 59,200 4,933 39,467 66.67% 27,427 43.90% Transfer to Capital Projects Fund 180,000 209,000 ‐ ‐ 0.00% ‐ ** Transfers to Other Funds 296,715 325,715 8,512 79,467 24.40% 40,169 97.83% TOTAL EXPENDITURES $ 28,893,325 $ 29,441,369 $ 1,721,050 $ 16,858,752 57.26% $ 15,747,227 7.06% * = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description % of Budget
FY 2021/22
Actual*
101 General Fund1100 City Council501105 Salaries‐Elected $ 52,200 $ 52,200 4,023$ $ 34,609 66.30% 34,146 $ 1.36%502115 Unemployment Insurance 805 805 ‐ ‐ 0.00% ‐ ** 502120 Medicare/Fica 760 760 58 501 65.92% 495 1.21%502130 Other Benefit Charges 750 750 61 431 57.47% ‐ 576 25.17% 602100 Special Dept Expense 10,000 10,000 582 4,959 49.59% 6,501 ‐23.72% 602110 Office Expense 2,000 2,000 277 908 45.40% 500 81.60% 602115 Postage ‐ ‐ ‐ ‐ ** ‐ 3 100.00% 607100 Membership/Dues 37,695 37,695 6,975 33,992 90.18% 34,504 ‐1.48% 607110 Travel/Conference/Meetings 11,000 12,505 4,479 7,764 62.09% 5,073 53.05%612115 Liability Insurance Charge 2,665 2,665 ‐ 2,389 89.64% 2,920 ‐18.18% 702100 Furniture‐Office 20,000 15,275 ‐ ‐ 0.00% ‐ **1100 City Council Total 137,875 134,655 16,455 85,553 63.53% 84,718 0.99%1200 City Attorney608105 Professional Services 275,000 500,000 43,194 250,532 50.11% 138,690 80.64%1200 City Attorney Total 275,000 500,000 43,194 250,532 50.11% 138,690 80.64% 1300 City Manager501110 Salaries‐Regular 373,615 260,250 18,316 144,443 55.50% 179,869 ‐19.70% 501115 Salaries‐Overtime ‐ ‐ ‐ 9 ** ‐ 149 93.96% 502100 Retirement 85,485 63,097 4,967 39,129 62.01% 44,682 ‐12.43% 502105 Workers Comp Insurance 5,215 3,840 337 2,658 69.22% 3,561 ‐25.36% 502110 Health/Life Insurance 42,460 22,830 2,049 14,195 62.18% 22,924 ‐38.08% 502111 Medical In‐Lieu Pay ‐ ‐ 4 161 ** ‐ 425 62.12% 502115 Unemployment Insurance 360 200 7 331 165.50% ‐ 362 8.56% 502120 Medicare/Fica 4,945 3,365 257 2,021 60.06% 2,585 ‐21.82% Administration ‐ Shin‐Heydorn
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2022/23
Adopted
Budget
FY 2022/23
% Change
From Prior
Year
* = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description % of Budget
FY 2021/22
Actual*
Administration ‐ Shin‐Heydorn
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2022/23
Adopted
Budget
FY 2022/23
% Change
From Prior
Year
1300 City Manager, Continued502130 Other Benefit Charges 2,245 1,212 161 1,271 104.87% 1,583 ‐19.71% 602110 Office Expense 10,700 10,700 2,996 4,894 45.74% 3,477 40.75% 602115 Postage 250 250 ‐ 55 22.00% 2 2650.00% 602120 Books/Periodicals 150 150 ‐ ‐ 0.00% ‐ ** 607100 Membership/Dues 1,000 1,000 ‐ 432 43.20% ‐ 926 53.35% 607110 Travel/Conference/Meetings 5,600 4,500 37 1,398 31.07% 1,914 ‐26.96% 608105 Professional Services 48,000 48,000 ‐ 28,000 58.33% 32,000 ‐12.50% 612105 Vehicle Replacement Charge 2,060 2,060 172 1,373 66.65% 467 194.00% 612115 Liability Insurance Charge 21,815 21,815 ‐ 19,558 89.65% 23,485 ‐16.72% 1300 City Manager Total 603,900 443,269 29,303 259,928 58.64% 318,411 ‐18.37% 1400 City Clerk501110 Salaries‐Regular 119,885 119,885 8,881 74,137 61.84% 67,015 10.63%501115 Salaries‐Overtime ‐ ‐ ‐ 45 ** ‐ 224 79.91% 502100 Retirement 38,960 38,960 3,119 25,485 65.41% 22,435 13.59% 502105 Workers Comp Insurance 1,780 1,780 163 1,364 76.63% 1,327 2.79% 502110 Health/Life Insurance 18,610 18,610 1,667 12,089 64.96% 11,566 4.52% 502111 Medical In‐Lieu Pay ‐ ‐ 5 16 ** ‐ 100.00% 502115 Unemployment Insurance 175 175 10 161 92.00% ‐ 177 9.04% 502120 Medicare/Fica 1,670 1,670 124 1,039 62.22% 938 10.77% 502130 Other Benefit Charges 985 985 78 652 66.19% 590 10.51% 602110 Office Expense 2,250 2,250 886 1,938 86.13% 1,554 24.71% 602115 Postage 500 500 22 271 54.20% 268 1.12%602120 Books/Periodicals 100 100 ‐ 72 72.00% 66 9.09%607100 Membership/Dues 1,130 ‐ 1,130 415 36.73% 415 0.00% 607110 Travel/Conference/Meetings 750 ‐ 750 ‐ 0.00% ‐ ** * = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description % of Budget
FY 2021/22
Actual*
Administration ‐ Shin‐Heydorn
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2022/23
Adopted
Budget
FY 2022/23
% Change
From Prior
Year
1400 City Clerk, Continued
607115 Training 2,500 2,500 819 836 33.44% 70 1094.29%608105 Professional Services 6,000 6,000 11,590 1,802 30.03% 4,040 ‐55.40% 608140 Elections 40,000 42,865 ‐ ‐ 0.00% ‐ 820 100.00%612105 Vehicle Replacement Charge 530 530 44 353 66.60% ‐ 387 8.79% 612115 Liability Insurance Charge 6,055 6,055 ‐ 5,428 89.64% 6,027 ‐9.94%1400 City Clerk Total 241,880 244,745 27,408 126,103 51.52% 117,919 6.94%1510 Information Technology501110 Salaries‐Regular 87,950 87,950 6,514 55,778 63.42% 50,803 9.79% 501115 Salaries‐Overtime 10,000 10,000 3,737 13,793 137.93% 3,644 278.51% 502100 Retirement Charges 28,020 28,020 2,288 19,239 68.66% 16,298 18.05%502105 Workers Comp Insurance 1,250 1,250 120 1,051 84.08% 1,006 4.47% 502110 Health/Life Insurance 15,740 15,740 1,429 10,233 65.01% 9,727 5.20% 502115 Unemployment Insurance 160 160 ‐ 150 93.75% ‐ 161 6.83% 502120 Medicare/Fica 1,230 1,230 137 937 76.18% 722 29.78% 502130 Other Benefit Charges 805 805 57 503 62.48% 447 12.53% 602140 Materials & Supplies 30,000 13,000 905 5,102 39.25% 6,174 ‐17.36% 603105 Equipment Maintenance 50,000 92,342 18,809 58,706 63.57% 20,995 179.62% 604100 Communications 125,900 125,900 10,949 65,961 52.39% 54,441 21.16% 608100 Contractual Services 284,750 286,610 5,761 164,091 57.25% 170,418 ‐3.71% 612105 Vehicle Replacement Charge 5,555 5,555 463 3,703 66.66% ‐ 100.00% 612115 Liability Insurance Charge 4,435 4,435 ‐ 3,976 89.65% 4,416 ‐9.96%701050 Computer Software 37,340 17,213 ‐ 17,213 100.00% 1,118 1439.62%1510 Information Technology Total 683,135 690,210 51,169 420,436 60.91% 340,370 23.52% TOTAL ADMINISTRATION‐SHIN‐HEYDORN $ 1,941,790 $ 2,012,879 167,529$ $ 1,142,552 56.76% 1,000,108 $ 14.24% * = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description
101 General Fund1410 Personnel/Risk Management501110 Salaries‐Regular $ 112,130 $ 156,565 $ 8,044 $ 67,832 43.33% 57,534$ 17.90% 501115 Salaries‐Overtime ‐ ‐ ‐ ‐ ** ‐ 244 100.00% 502100 Retirement 24,615 27,965 1,989 16,471 58.90% 13,187 24.90% 502105 Workers Comp Insurance 1,600 1,600 148 1,248 78.00% 1,139 9.57% 502110 Health/Life Insurance 15,740 15,740 1,426 10,272 65.26% 8,904 15.36% 502111 Medical In‐Lieu Pay ‐ ‐ ‐ ‐ ** ‐ 500 100.00% 502115 Unemployment Insurance 160 160 ‐ 146 91.25% 161 ‐9.32% 502120 Medicare/FICA 1,550 2,195 112 952 43.37% 831 14.56% 502130 Other Benefit Charges 965 1,125 71 597 53.07% 506 17.98%602110 Office Expense 1,400 1,400 110 878 62.71% 33 2560.61% 602115 Postage 200 200 22 112 56.00% 100 12.00%
607100 Membership/Dues 725 725 ‐ 400 55.17% 475 ‐15.79% 607110 Travel/Conference/Meetings 2,000 2,000 ‐ ‐ 0.00% 350 ‐100.00%607115 Training 6,000 4,060 ‐ 308 7.59% (140) ‐320.00%607120 Education Reimbursement Program 10,000 10,000 180 3,305 33.05% 625 428.80% 608105 Professional Services 10,000 10,000 1,647 8,725 87.25% 6,273 39.09% 608125 Advertising/ Business Dev't 2,200 2,200 ‐ 725 32.95% 2,542 ‐71.48% 609125 Employee/Volunteer Recognition 12,000 12,000 3,217 9,674 80.62% 9,005 7.43% 612105 Vehicle Replacement Charge 495 495 41 330 66.67% 407 ‐18.92% 612115 Liability Insurance Charge 5,655 5,655 ‐ 5,070 89.66% 4,993 1.54% 701105 Equipment‐General ‐ 2,340 2,338 2,338 99.91% ‐ 100.00% 702100 Office Furniture ‐ 700 ‐ ‐ 0.00% ‐ ** TOTAL ADMINISTRATION‐GUZMAN $ 207,435 $ 257,125 $ 19,345 $ 129,383 50.32% 107,669$ 20.17% Administration ‐ Guzman
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity During
February
Year to Date
Actual *
FY 2021/22
% of Budget Actual*
FY 2022/23
Adopted
Budget
FY 2022/23
% Change
From Prior
Year
* = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description % of Budget
FY 2021/22
Actual*
101 General Fund1500 Finance501110 Salaries‐Regular $ 510,195 $ 495,195 $ 36,772 $ 289,581 58.48% 278,499 $ 3.98% 501115 Salaries‐Overtime 500 500 ‐ 385 77.00% 129 198.45% 501120 Salaries‐Part Time 69,350 64,350 4,147 30,149 46.85% 26,919 12.00% 502100 Retirement 130,660 130,660 9,789 77,986 59.69% 74,497 4.68% 502105 Workers Comp Insurance 8,470 8,470 753 5,884 69.47% ‐ 6,047 2.70% 502110 Health/Life Insurance 49,700 49,700 4,420 31,615 63.61% 30,100 5.03% 502111 Medical In‐Lieu Pay 4,350 4,350 454 2,637 60.62% ‐ 3,993 33.96% 502115 Unemployment Insurance 1,200 1,200 126 1,085 90.42% 872 24.43%502120 Medicare/FICA 8,040 8,040 508 3,946 49.08% 3,806 3.68% 502130 Other Benefit Charges 4,875 4,875 326 2,564 52.59% 2,464 4.06%602110 Office Expense 8,000 7,925 809 1,715 21.64% 1,103 55.49% 602115 Postage 5,000 5,000 203 1,582 31.64% ‐ 2,521 37.25% 602120 Books/Periodicals 450 150 ‐ 65 43.33% ‐ 112 41.96% 607100 Membership/Dues 795 995 150 995 100.00% 302 229.47%607110 Travel/Conference/Meetings 4,500 5,700 2,074 3,318 58.21% 1,953 69.89% 607115 Training 1,700 3,010 95 1,919 63.75% 410 368.05% 608105 Professional Services 107,500 113,175 4,854 48,131 42.53% 50,650 ‐4.97% 608107 Financial Services 17,600 17,600 1,060 11,162 63.42% 6,669 67.37% 608130 Temporary Help ‐ 16,435 696 11,242 68.40% ‐ 100.00% 611116 Payment to Other Agencies 1,900 ‐ 1,900 537 28.26% 587 ‐8.52% 612105 Vehicle Replacement Charge 3,105 3,105 259 2,070 66.67% 813 154.61% 612115 Liability Insurance Charge 32,885 32,885 ‐ 29,482 89.65% 27,657 6.60% 701100 Equipment‐Office ‐ 630 ‐ ‐ 0.00% ‐ ** Finance‐Bannigan
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
% Change
From Prior
Year
FY 2022/23
Adopted
Budget
FY 2022/23
* = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description % of Budget
FY 2021/22
Actual*
Finance‐Bannigan
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
% Change
From Prior
Year
FY 2022/23
Adopted
Budget
FY 2022/23
1500 Finance, Continued702100 Furniture‐Office ‐ 600 130 130 21.67% ‐ 100.00%1500 Finance Total 970,775 976,450 67,625 558,180 57.16% 520,103 7.32%1600 Non‐Departmental602100 Special Dept Expense ‐ ‐ ‐ ‐ ** ‐ 446 100.00%610235 Economic Development Loan Repayment 125,000 350,000 ‐ 68,180 19.48% ‐ 100.00% 611105 Revenue Sharing‐City of Anaheim 40,000 40,000 ‐ ‐ 0.00% ‐ ** 1600 Non‐Departmental Total 165,000 390,000 ‐ 68,180 17.48% 446 15187.00%101 GENERAL FUND TOTAL $ 1,135,775 $ 1,366,450 $ 67,625 $ 626,360 45.84% 520,549 $ 20.33% 102 General Fund (Transactions & Use Tax)1500 Finance608105 Professional Services 6,300 6,300 ‐ 300 4.76% ‐ 100.00% 1500 Finance Total 6,300 6,300 ‐ 300 4.76% ‐ 100.00% 1600 Non‐Departmental610235 Economic Development Loan Repayment 150,000 ‐ ‐ ‐ ** ‐ ** 1600 Non‐Departmental Total 150,000 ‐ ‐ ‐ ** ‐ ** 102 TRANSACTIONS AND USE TAX TOTAL $ 156,300 $ 6,300 $ ‐ $ 300 4.76% $ ‐ 100.00% TOTAL FINANCE $ 1,292,075 $ 1,372,750 $ 67,625 $ 626,660 45.65% 520,549 $ 20.38% * = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description % of Budget
101 General Fund1520 Emergency Services602140 Materials & Supplies $ 5,000 $ 5,000 $ ‐ $ ‐ 0.00% $ ‐ 55 100.00% 608105 Professional Services ‐ 4,175 2,695 4,175 100.00% 41,552 ‐89.95% 1520 Emergency Services 5,000 9,175 2,695 4,175 45.50% 41,607 ‐89.97%2100 Law Enforcement602100 Special Dept Expense 1,500 4,000 760 3,635 90.88% ‐ 100.00%602110 Office Expense 4,000 3,000 75 2,068 68.93% 1,466 41.06% 602145 Gas/Oil/Lube 3,000 1,500 189 779 51.93% 388 100.77% 604100 Communications 39,100 39,100 10,933 28,840 73.76% 23,021 25.28%608100 Contractual Services 18,155 18,155 1,513 12,104 66.67% ‐ 12,232 1.05% 608160 O.C.S.D. Contract 9,151,370 8,772,770 762,614 6,089,923 69.42% 5,593,919 8.87% 612105 Vehicle Replacement Charge 5,555 5,555 463 3,703 66.66% ‐ 5,800 36.16% 2100 Law Enforcement Total 9,222,680 8,844,080 776,547 6,141,052 69.44% 5,636,826 8.95% 2200 Fire Protection602100 Special Department Expense 43,000 43,000 ‐ 22,523 52.38% 20,557 9.56%608185 O.C.F.A. Contract 3,463,190 3,163,190 ‐ 1,725,141 54.54% 1,855,286 ‐7.01% 2200 Fire Protection Total 3,506,190 3,206,190 ‐ 1,747,664 54.51% 1,875,843 ‐6.83%2230 Ambulance Services608190 Contractual Ambulance Svcs 2,500 2,500 455 1,085 43.40% 400 171.25%2230 Ambulance Services Total 2,500 2,500 455 1,085 43.40% 400 171.25% 2300 Homeless Prevention610230 North SPA Navigation Center Cost Share ‐ ‐ 43,935 ‐ 0.00% ‐ ** 2300 Homeless Total ‐ 43,935 ‐ ‐ 0.00% ‐ ** 2400 Animal Control Services608170 Animal Control Services 200,965 200,965 ‐ 64,827 32.26% 143,546 ‐54.84%2400 Animal Control Services Total 200,965 200,965 ‐ 64,827 32.26% 143,546 ‐54.84% % Change
From Prior
Year
FY 2021/22
Actual*
Public Safety‐Wren
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2022/23
Adopted
Budget
FY 2022/23
* = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description % of Budget
% Change
From Prior
Year
FY 2021/22
Actual*
Public Safety‐Wren
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2022/23
Adopted
Budget
FY 2022/23
2500 Public Safety‐Other501110 Salaries‐Regular 66,015 100,130 4,848 36,864 36.82% ‐ 37,324 1.23% 502100 Retirement Charges 14,530 25,455 1,242 9,450 37.12% 7,911 19.45% 502105 Workers Comp Insurance 895 1,395 89 678 48.60% 647 4.79% 502110 Health/Life Insurance 45 4,830 35 264 5.47% 262 0.76% 502111 Medical In‐Lieu Pay 2,100 2,100 175 1,313 62.52% 1,138 15.38% 502115 Unemployment Insurance 55 135 ‐ 56 41.48% 56 0.00% 502120 Medicare/FICA 890 1,360 73 554 40.74% 490 13.06% 502130 Other Benefit Charges 385 695 43 324 46.62% 288 12.50% 602100 Special Department Expense ‐ ‐ ‐ 37 ** ‐ 100 63.00%602110 Office Expense 1,200 1,200 27 656 54.67% ‐ 759 13.57% 602115 Postage 250 250 ‐ ‐ 0.00% ‐ 1 100.00% 602130 Clothing 4,500 5,200 49 2,167 41.67% ‐ 100.00%
602135 Safety Equipment ‐ ‐ ‐ ‐ ** ‐ 876 100.00%602140 Materials & Supplies ‐ ‐ ‐ ‐ ** ‐ 64 100.00% 607115 Training 700 ‐ ‐ ‐ ** ‐ 41 100.00% 608100 Contractual Services 4,680 4,680 ‐ 4,678 99.96% 4,678 0.00% 612115 Liability Insurance Charge 21,065 21,065 ‐ 18,885 89.65% ‐ 24,088 21.60%2500 Public Safety‐Other Total 117,310 168,495 6,581 75,926 45.06% ‐ 78,723 3.55% 4300 Parking Control501110 Salaries‐Regular 131,575 128,155 6,053 79,057 61.69% ‐ 85,977 8.05% 502115 Salaries‐Overtime 100 100 ‐ 50 50.00% 33 51.52%
501120 Salaries‐Part Time 14,250 14,250 1,123 8,870 62.25% 8,582 3.36% 502100 Retirement 40,415 40,135 1,937 24,940 62.14% ‐ 25,803 3.34% 502105 Workers Comp Insurance 2,135 2,135 132 1,641 76.86% ‐ 1,872 12.34% 502110 Health/Life Insurance 7,980 7,245 728 5,255 72.53% ‐ 8,307 36.74%502111 Medical In‐Lieu Pay 4,140 4,140 98 2,339 56.50% ‐ 2,648 11.67% * = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description % of Budget
% Change
From Prior
Year
FY 2021/22
Actual*
Public Safety‐Wren
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2022/23
Adopted
Budget
FY 2022/23
4300 Parking Control, Continued502115 Unemployment Insurance 300 300 21 239 79.67% ‐ 350 31.71% 502120 Medicare/FICA 2,075 2,020 104 1,296 64.16% 1,396 ‐7.16% 502130 Other Benefit Charges 1,290 245 54 701 286.12% ‐ 761 7.88% 602110 Office Expense 4,500 4,500 1,033 1,040 23.11% 5,302 ‐80.38%602115 Postage 500 500 9 109 21.80% 141 ‐22.70% 602130 Clothing ‐ ‐ ‐ ‐ ** ‐ 410 100.00%604100 Communications 660 660 ‐ 256 38.79% ‐ 310 17.42% 608105 Professional Services 30,000 30,000 1,260 11,254 37.51% 17,734 ‐36.54% 612105 Vehicle Replacement Charge 6,665 6,665 555 4,443 66.66% ‐ 4,733 6.13%4300 Parking Control Total 246,585 241,050 13,107 141,490 58.70% 164,359 ‐13.91%6200 Code Enforcement501110 Salaries‐Regular 406,370 398,535 29,797 241,233 60.53% 197,819 21.95% 502115 Salaries‐Overtime 100 480 ‐ 478 99.58% 14 3314.29% 501120 Salaries‐Part Time 14,250 14,250 1,123 8,870 62.25% 8,582 3.36% 502100 Retirement 107,805 107,310 8,331 68,392 63.73% 55,653 22.89% 502105 Workers Comp Insurance 6,150 6,150 569 4,602 74.83% 4,087 12.60% 502110 Health/Life Insurance 46,385 45,090 3,364 26,206 58.12% ‐ 26,475 1.02% 502111 Medical In‐Lieu Pay 4,560 4,560 276 2,751 60.33% 2,665 3.23% 502115 Unemployment Insurance 775 775 104 658 84.90% ‐ 664 0.90% 502120 Medicare/FICA 5,865 5,770 450 3,633 62.96% 2,970 22.32% 502130 Other Benefit Charges 3,590 3,520 263 2,127 60.43% 1,745 21.89% 602110 Office Expense 1,500 1,500 ‐ 1,761 117.40% ‐ 100.00% 602115 Postage 1,000 1,000 119 432 43.20% 343 25.95%602160 Code Enforcement Equipment 6,000 6,000 ‐ ‐ 0.00% 3,075 ‐100.00% 603105 Equipment Maintenance 1,000 1,000 ‐ ‐ 0.00% ‐ **607100 Membership/Dues 570 570 ‐ 500 87.72% 380 31.58% * = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description % of Budget
% Change
From Prior
Year
FY 2021/22
Actual*
Public Safety‐Wren
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2022/23
Adopted
Budget
FY 2022/23
6200 Code Enforcement, Continued607115 Training 1,000 1,000 ‐ 425 42.50% 250 70.00% 608100 Contractual Services 4,000 4,000 315 2,205 55.13% 2,205 0.00% 608105 Professional Services 5,000 5,000 157 1,498 29.96% 2,166 ‐30.84% 612105 Vehicle Replacement Charge 21,110 21,110 1,759 14,073 66.67% 6,040 133.00% 6200 Code Enforcement Total 637,030 627,620 46,627 379,844 60.52% 315,133 20.53% 101 GENERAL FUND TOTAL $ 13,938,260 $ 13,344,010 $ 846,012 $ 8,556,063 64.12% 8,256,43 $ 7 3.63% 102 General Fund (Transactions & Use Tax)
2100 Law Enforcement608160 O.C.S.D. Contract 3,848,700 4,227,300 320,725 2,565,800 60.70% 2,405,434 6.67%2100 Law Enforcement Total 3,848,700 4,227,300 320,725 2,565,800 60.70% 2,405,434 6.67% 2200 Fire Protection608185 O.C.F.A. Contract 1,800,000 2,100,000 ‐ 906,437 43.16% 711,489 27.40% 2200 Fire Protection Total 1,800,000 2,100,000 ‐ 906,437 43.16% 711,489 27.40% 102 TRANSACTIONS AND USE TAX TOTAL $ 5,648,700 $ 6,327,300 $ 320,725 $ 3,472,237 54.88% 3,116,923 $ 11.40% TOTAL PUBLIC SAFETY $ 19,586,960 $ 19,671,310 $ 1,166,737 $ 12,028,300 61.15% 11,373,36 $ 0 5.76% * = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description % of Budget
FY 2021/22
Actual*
101 General Fund3000 Public Works Administration501110 Salaries‐Regular $ 362,485 $ 381,400 $ 26,112 $ 213,038 55.86% 167,594 $ 27.12%501120 Salaries‐Part Time 20,430 20,430 1,109 9,307 45.56% 10,019 ‐7.11% 502100 Retirement Charges 82,100 83,410 6,682 52,999 63.54% 40,502 30.86% 502105 Workers Comp Insurance 5,455 5,455 501 4,037 74.01% 3,517 14.79% 502110 Health/Life Insurance 30,250 33,680 4,312 28,600 84.92% 17,409 64.28% 502111 Medical In‐Lieu Pay 6,000 ‐ 6,000 875 14.58% 3,400 ‐74.26% 502115 Unemployment Insurance 645 645 65 808 125.27% 745 8.46% 502120 Medicare/FICA 5,260 5,505 384 3,165 57.49% 2,577 22.82%502130 Other Benefit Charges 2,945 4,940 230 1,878 38.02% 1,480 26.89%602110 Office Expense 2,000 2,000 ‐ 472 23.60% ‐ 100.00% 602115 Postage 100 100 1 121 121.00% 1 12000.00%
602120 Books/Periodicals 200 200 ‐ ‐ 0.00% ‐ ** 607100 Membership/Dues 750 1,135 1,083 1,133 99.82% ‐ 100.00% 607110 Travel/Conference/Meetings 1,300 2,300 50 706 30.70% 552 27.90% 607115 Training 1,000 615 ‐ ‐ 0.00% ‐ **608130 Temporary Staffing ‐ ‐ ‐ ‐ ** ‐ 16,480 100.00%612105 Vehicle Replacement Charge 5,555 5,555 463 3,703 66.66% ‐ 100.00% 612115 Liability Insurance Charge 34,375 34,375 ‐ 30,818 89.65% 32,671 ‐5.67%3000 Public Works Administration Total 560,850 587,745 40,992 351,660 59.83% 296,947 18.43% 3100 Engineering501110 Salaries‐Regular 58,380 58,380 4,637 39,153 67.07% 21,319 83.65% 501115 Salaries‐Overtime 300 10,300 579 10,832 105.17% ‐ 100.00%502100 Retirement 13,730 13,730 1,163 9,939 72.39% 4,387 126.56% 502105 Workers Comp Insurance 885 885 85 736 83.16% 422 74.41% % Change
From Prior
Year
Public Works‐Rangel
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2022/23
Adopted
Budget
FY 2022/23
* = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description % of Budget
FY 2021/22
Actual*
% Change
From Prior
Year
Public Works‐Rangel
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2022/23
Adopted
Budget
FY 2022/23
3100 Engineering, Continued502110 Health/Life Insurance 8,240 8,240 630 4,997 60.64% 2,148 132.64% 502111 Medical In‐Lieu Pay ‐ ‐ 11 124 ** ‐ 100.00% 502115 Unemployment Insurance 105 105 7 120 114.29% ‐ 161 25.47% 502120 Medicare/FICA 835 835 76 725 86.83% 305 137.70%
502130 Other Benefit Charges 535 535 41 352 65.79% 188 87.23% 602110 Office Expense ‐ ‐ ‐ ‐ ** ‐ 76 100.00%602115 Postage ‐ ‐ ‐ ‐ ** ‐ 15 100.00% 602120 Books/Periodicals ‐ ‐ ‐ 159 ** ‐ 100.00% 602130 Clothing ‐ ‐ ‐ 54 ** ‐ 100.00% 602140 Materials & Supplies 2,500 2,500 ‐ ‐ 0.00% ‐ 634 100.00%607100 Membership/Dues 950 950 350 350 36.84% ‐ 900 61.11%607110 Travel/Conference/Meetings ‐ ‐ ‐ ‐ ** ‐ 111 100.00% 608110 Engineering Services 129,240 138,625 2,141 78,697 56.77% 15,987 392.26% 608115 Inspection Services ‐ 15,000 960 960 6.40% ‐ 100.00% 608120 Plan Checking Services 33,300 18,300 ‐ ‐ 0.00% 1,548 ‐100.00% 608135 Microfilming 3,000 3,000 ‐ ‐ 0.00% ‐ ** 612105 Vehicle Replacement Charge 6,665 6,665 555 4,443 66.66% 453 89.80% 3100 Engineering Total 258,665 278,050 11,235 151,641 54.54% 48,654 211.67% 3200 Public Facilities501110 Salaries‐Regular 23,510 59,035 4,423 43,784 74.17% 38,198 14.62% 501115 Salaries‐Overtime 2,000 2,000 177 1,124 56.20% 491 128.92% 502100 Retirement 5,310 13,420 1,093 10,845 80.81% 8,914 21.66% 502105 Workers Comp Insurance 345 875 81 809 92.46% 756 7.01% 502110 Health/Life Insurance 4,790 12,025 706 5,720 47.57% 5,046 13.36% 502115 Unemployment Insurance 80 205 27 96 46.83% 223 ‐56.95% * = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description % of Budget
FY 2021/22
Actual*
% Change
From Prior
Year
Public Works‐Rangel
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2022/23
Adopted
Budget
FY 2022/23
3200 Public Facilities, Continued502120 Medicare/FICA 330 825 67 651 78.91% 561 16.04% 502130 Other Benefit Charges 220 375 39 387 103.20% 336 15.18% 602100 Special Dept Expense 7,885 7,885 398 1,511 19.16% 997 51.55%602110 Office Expense 1,100 1,100 73 211 19.18% ‐ 100.00%602130 Clothing 5,625 5,625 20 2,451 43.57% 1,717 42.75%602135 Safety Equipment 500 500 ‐ 129 25.80% 107 20.56% 602140 Materials & Supplies 8,000 8,000 358 4,353 54.41% 2,309 88.52%603105 Equipment Maintenance ‐ 18,870 ‐ 18,868 99.99% ‐ 100.00% 603110 Building Maintenance 129,740 132,945 8,469 64,453 48.48% 46,630 38.22% 604100 Communications 40,000 40,000 447 3,906 9.77% 3,481 12.21% 604105 Utilities 170,000 170,000 10,132 112,486 66.17% 96,887 16.10%608100 Contractual Services 165,800 162,600 6,951 89,274 54.90% 42,450 110.30% 611110 O.C. Sanitation District User Fee 14,700 14,700 ‐ 13,801 93.88% 13,985 ‐1.32% 612105 Vehicle Replacement Charge 36,105 36,105 3,009 24,070 66.67% 2,440 886.48% 701105 Equipment‐General 200,000 144,060 ‐ 119,057 82.64% ‐ 100.00% 704100 Equipment‐General ‐ 39,865 ‐ 14,862 37.28% ‐ 100.00%3200 Public Facilities Total 816,040 871,015 36,470 532,848 61.18% 265,528 100.67% 3300 Crossing Guard608175 Crossing Guard Services 45,165 45,165 4,802 26,546 58.78% 20,631 28.67% 3300 Crossing Guard Total 45,165 45,165 4,802 26,546 58.78% 20,631 28.67%3400 Parks Maintenance501110 Salaries‐Regular 85,165 71,160 7,277 48,782 68.55% 43,328 12.59% 501115 Salaries‐Overtime 3,000 3,000 ‐ 1,265 42.17% 2,269 ‐44.25% 502100 Retirement 18,700 15,600 1,657 11,926 76.45% 10,076 18.36% 502105 Workers Comp Insurance 1,220 1,020 134 902 88.43% 858 5.13% * = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description % of Budget
FY 2021/22
Actual*
% Change
From Prior
Year
Public Works‐Rangel
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2022/23
Adopted
Budget
FY 2022/23
3400 Parks Maintenance, Continued502110 Health/Life Insurance 11,055 8,200 1,126 7,378 89.98% 7,203 2.43% 502111 Medical In‐Lieu Pay 840 840 70 525 62.50% ‐ 542 3.14% 502115 Unemployment Insurance 220 175 49 161 92.00% ‐ 229 29.69% 502120 Medicare/Fica 1,160 965 107 733 75.96% 669 9.57% 502130 Other Benefit Charges 760 505 64 432 85.54% 381 13.39% 602100 Special Dept Expense 7,000 7,000 343 3,031 43.30% 595 409.41% 603105 Equipment Maintenance 17,000 17,000 145 6,127 36.04% 8,817 ‐30.51% 604105 Utilities 180,000 180,000 6,375 102,648 57.03% 100,603 2.03% 605100 Land Lease 5,000 5,000 ‐ 2,661 53.22% 5,834 ‐54.39% 608100 Contractual Services 126,100 126,100 6,743 44,750 35.49% 61,332 ‐27.04%612105 Vehicle Replacement Charge 8,890 8,890 741 5,927 66.67% 2,970 99.56% 3400 Parks Maintenance Total 466,110 445,455 24,831 237,248 53.26% 245,706 ‐3.44% 3500 Street Maintenance501110 Salaries‐Regular 114,550 84,580 5,345 45,443 53.73% 60,205 ‐24.52% 501115 Salaries‐Overtime 6,000 6,000 45 2,008 33.47% 2,972 ‐32.44% 502100 Retirement 26,235 19,710 1,278 11,216 56.91% 13,915 ‐19.40% 502105 Workers Comp Insurance 1,705 1,290 98 844 65.43% 1,192 ‐29.19% 502110 Health/Life Insurance 14,455 8,330 716 6,623 79.51% 10,271 ‐35.52% 502111 Medical In‐Lieu Pay 2,310 2,310 193 1,444 62.51% 1,492 ‐3.22%502115 Unemployment Insurance 330 235 42 179 76.17% ‐ 384 53.39%502120 Medicare/FICA 1,650 1,230 81 708 57.56% ‐ 937 24.44% 502130 Other Benefit Charges 1,070 280 47 404 144.29% ‐ 530 23.77% 602100 Special Dept Expense 3,000 3,000 1,788 1,788 59.60% ‐ 100.00% 602125 Small Tools 4,000 4,000 ‐ 60 1.50% ‐ 100.00% 602140 Materials & Supplies 65,000 65,000 4,773 25,295 38.92% 15,945 58.64% * = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description % of Budget
FY 2021/22
Actual*
% Change
From Prior
Year
Public Works‐Rangel
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2022/23
Adopted
Budget
FY 2022/23
3500 Street Maintenance, Continued603105 Equipment Maintenance 2,000 2,000 ‐ 137 6.85% ‐ 999 86.29% 608100 Contractual Services 195,000 195,000 14,324 114,720 58.83% 108,946 5.30% 612105 Vehicle Replacement Charge 10,830 10,830 903 7,220 66.67% 12,153 ‐40.59% 710190 Pavement Maintenance 60,000 60,000 317 31,487 52.48% 1,396 2155.52% 3500 Street Maintenance Total 508,135 463,795 29,950 249,576 53.81% 231,337 7.88% 3600 Storm Drain Maintenance603100 Emergency Maintenance Services 10,000 10,000 1,629 2,121 21.21% ‐ 100.00% 608100 Contractual Services ‐ 500 500 500 100.00% ‐ 100.00% 608155 Storm Water Monitor Program 119,860 119,860 37,941 112,833 94.14% 75,276 49.89%3600 Storm Drain Maintenance Total 129,860 130,360 40,070 115,454 88.57% 75,276 53.37% 6300 Graffiti Abatement
501110 Salaries‐Regular 41,815 43,995 2,652 18,549 42.16% 5,009 270.31% 501115 Salaries‐Overtime 8,000 8,000 746 5,599 69.99% 890 529.10%502100 Retirement Charges 9,410 10,480 646 4,684 44.69% 1,147 308.37% 502105 Workers Comp Insurance 615 700 49 354 50.57% 99 257.58% 502110 Health/Life Insurance 8,145 8,730 122 3,127 35.82% 1,228 154.64% 502115 Unemployment Insurance 135 155 27 93 60.00% 54 72.22% 502120 Medicare/FICA 585 625 49 350 56.00% 85 311.76%
502130 Other Benefit Charges 390 415 23 169 40.72% 44 284.09% 602140 Materials & Supplies 25,000 25,000 2,450 13,374 53.50% 9,828 36.08% 603105 Equipment Maintenance 6,000 6,000 ‐ ‐ 0.00% 1,001 ‐100.00% 612105 Vehicle Replacement Charge 10,275 10,275 856 6,850 66.67% 9,200 ‐25.54%6300 Graffiti Abatement Total 110,370 114,375 7,620 53,149 46.47% 28,585 85.93% TOTAL PUBLIC WORKS $ 2,895,195 $ 2,935,960 $ 195,970 $ 1,718,122 58.52% 1,212,664 $ 41.68% * = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description
% of
Budget
FY 2021/22
Actual*
101 General Fund4000 Community Development Administration 501110 Salaries‐Regular $ 189,955 $ 158,550 $ 1,264 $ 90,992 57.39% 102,602 $ ‐11.32% 501115 Salaries‐Overtime ‐ 15 ‐ 12 ** 187 ‐93.58% 502100 Retirement Charges 43,370 36,750 444 22,588 61.46% 24,367 ‐7.30% 502105 Workers Comp Insurance 2,845 2,415 23 1,674 69.32% 2,032 ‐17.62% 502110 Health/Life Insurance 8,680 8,615 213 4,897 56.84% 8,243 ‐40.59% 502111 Medical In‐Lieu Pay ‐ ‐ 4 13 ** ‐ 100.00% 502115 Unemployment Insurance 225 145 9 35 24.14% 185 ‐81.08% 502120 Medicare/FICA 2,675 2,260 18 1,292 57.17% 1,459 ‐11.45% 502130 Other Benefit Charges 1,260 985 11 801 81.32% 903 ‐11.30% 602110 Office Expense 1,000 1,000 128 694 69.40% 928 ‐25.22%602120 Books/Periodicals 1,200 980 ‐ 14 1.43% 178 ‐92.13% 607100 Membership/Dues 1,600 1,600 ‐ ‐ 0.00% 969 ‐100.00%607110 Travel/Conference/Meetings ‐ ‐ ‐ ‐ ** 22 ‐100.00% 607115 Training 1,200 1,200 ‐ ‐ 0.00% 289 ‐100.00% 612105 Vehicle Replacement Charge 965 965 80 643 66.63% ‐ 100.00% 612115 Liability Insurance Charge 53,940 53,940 ‐ 48,358 89.65% 45,281 6.80% 702100 Office Furniture ‐ 220.000 ‐ 217 98.64% ‐ 100.00% 4000 Community Development Administration Total 308,915 269,640 2,194 172,230 63.87% 187,645 ‐8.21%4100 Planning501110 Salaries‐Regular 302,790 287,385 16,387 116,484 40.53% 127,897 ‐8.92%501115 Salaries‐Overtime 1,200 1,185 35 195 16.46% 695 ‐71.94% 501125 Salaries‐Appointed 9,000 9,000 692 5,331 59.23% 5,885 ‐9.41%502100 Retirement 72,645 69,290 4,051 28,807 41.57% 29,427 ‐2.11% 502105 Workers Comp Insurance 4,630 4,630 302 2,145 46.33% 2,532 ‐15.28% 502110 Health/Life Insurance 61,270 58,280 2,374 15,920 27.32% 15,074 5.61% Community Development‐Landavazo
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity During
February
Year to Date
Actual *
% Change
From Prior
Year
FY 2022/23
Adopted
Budget
FY 2022/23
* = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description
% of
Budget
FY 2021/22
Actual*
Community Development‐Landavazo
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity During
February
Year to Date
Actual *
% Change
From Prior
Year
FY 2022/23
Adopted
Budget
FY 2022/23
4100 Planning, Continued502111 Medical In‐Lieu Pay ‐ ‐ ‐ 450 ** ‐ 100.00% 502115 Unemployment Insurance 770 770 63 518 67.27% 349 48.42% 502120 Medicare/FICA 4,475 4,260 247 1,763 41.38% 1,947 ‐9.45% 502130 Other Benefit Charges 3,510 3,340 144 1,026 30.72% 1,125 ‐8.80% 602110 Office Expense ‐ 885 54 85 9.60% 49 73.47%
602115 Postage 750 750 72 ‐ (79) 10.53% 146 ‐154.11% 602140 Materials & Supplies 1,000 115 ‐ 115 100.00% ‐ 100.00% 607100 Membership/Dues 2,500 2,500 ‐ ‐ 0.00% 721 ‐100.00%607110 Travel/Conference/Meetings 8,200 8,200 ‐ 1,028 12.54% 114 801.75%607115 Training 3,050 3,050 ‐ ‐ 0.00% ‐ **608100 Contractual Services 4,000 4,000 ‐ ‐ 0.00% 1,706 ‐100.00%608105 Professional Services 25,000 277,915 (8,570) 11,083 3.99% 121,042 ‐90.84% 608135 Microfilming 5,000 5,000 ‐ ‐ 0.00% ‐ ** 612105 Vehicle Replacement Charge 1,870 1,870 156 1,247 66.68% 407 206.39% 4100 Planning Total 511,660 742,425 16,007 186,118 25.07% 309,116 ‐39.79% 4200 Building Regulation
501110 Salaries‐Regular 260,695 35,950 ‐ 12,958 36.04% 30,379 ‐57.35% 502100 Retirement 62,630 8,110 ‐ 3,008 37.09% 7,100 ‐57.63% 502105 Workers Comp Insurance 3,970 540 ‐ 238 44.07% 602 ‐60.47% 502110 Health/Life Insurance 48,910 4,615 ‐ 1,852 40.13% 5,623 ‐67.06% 502111 Medical In‐Lieu Pay ‐ ‐ ‐ 66 ** 242 ‐72.73% 502115 Unemployment Insurance 485 165 ‐ ‐ 0.00% 265 ‐100.00% 502120 Medicare/FICA 3,730 510 ‐ 189 37.06% 444 ‐57.43% 502130 Other Benefit Charges 2,310 265 ‐ 114 43.02% 267 ‐57.30% 602110 Office Expense 500 500 87 95 19.00% 83 14.46%
602115 Postage 700 700 11 82 11.71% 13 530.77%
* = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description
% of
Budget
FY 2021/22
Actual*
Community Development‐Landavazo
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity During
February
Year to Date
Actual *
% Change
From Prior
Year
FY 2022/23
Adopted
Budget
FY 2022/23
4200 Building Regulation, Continued602120 Books/Periodicals 1,000 1,000 ‐ ‐ 0.00% ‐ ** 607100 Membership/Dues 1,200 1,200 ‐ ‐ 0.00% ‐ ** 607110 Travel/Conference/Meetings 500 500 ‐ ‐ 0.00% ‐ ** 607115 Training 1,000 1,000 ‐ ‐ 0.00% ‐ ** 608115 Inspection Services 50,000 224,740 ‐ ‐ 0.00% 233,479 ‐100.00% 608120 Plan Checking Services 70,000 70,000 ‐ ‐ 0.00% ‐ ** 608130 Temporary Help ‐ 157,835 ‐ ‐ 0.00% ‐ ** 608135 Microfilming 4,000 4,000 ‐ ‐ 0.00% ‐ ** 611116 Payment to Other Agencies 2,250 ‐ 2,250 317 14.09% 362 ‐12.43% 612105 Vehicle Replacement Charge 11,110 11,110 926 7,407 66.67% ‐ 100.00% 4200 Building Regulation Total 524,990 524,990 1,024 26,326 5.01% 278,859 ‐90.56% 4400 Economic Development
607100 Membership/Dues 2,000 2,000 ‐ 570 28.50% 570 0.00% 607110 Travel/Conference/Meetings ‐ 140 ‐ 137 97.86% ‐ 100.00% 607115 Training 2,500 2,360 ‐ ‐ 0.00% ‐ ** 608100 Contractual Services 2,250 2,250 ‐ ‐ 0.00% ‐ **608145 Information Technology 18,750 18,750 ‐ ‐ 0.00% ‐ ** 609100 Special Events 12,300 12,300 ‐ ‐ 0.00% ‐ ** 4400 Economic Development 37,800 37,800 ‐ 707 1.87% 570 24.04% 101 GENERAL FUND TOTAL $ 1,383,365 $ 1,574,855 $ 19,225 $ 385,381 24.47% 776,19 $ 0 ‐50.35% 102 General Fund (Transactions & Use Tax)
4100 Planning608105 Professional Services ‐ ‐ ‐ ‐ ** 5,310 ‐100.00% 102 TRANSACTIONS AND USE TAX TOTAL $ ‐ $ ‐ $ ‐ $ ‐ ** $ 5,310 ‐100.00% TOTAL COMMUNITY DEVELOPMENT 1,383,365 $ $ 1,574,855 $ 19,225 $ 385,381 24.47% 781,50 $ 0 ‐50.69% * = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description % of Budget
101 General Fund5000 Public Information Office
501110 Salaries‐Regular 93,255 $ $ 86,465 $ 6,073 $ 47,406 54.83% 45,342 $ 4.55% 502100 Retirement Charges 22,025 20,400 1,501 11,719 57.45% 10,487 11.75% 502105 Workers Comp Insurance 1,400 1,400 112 872 62.29% 898 ‐2.90% 502110 Health/Life Insurance 22,065 20,440 277 2,006 9.81% 6,569 ‐69.46% 502111 Medical In‐Lieu Pay ‐ ‐ 350 2,625 ** ‐ 100.00% 502115 Unemployment Insurance 200 200 46 289 144.50% 174 66.09% 502120 Medicare/FICA 1,320 1,225 93 726 59.27% 657 10.50% 502130 Other Benefit Charges 860 780 53 417 53.46% 399 4.51% 602113 Social Media 2,750 2,750 108 2,650 96.36% 1,315 101.52% 607100 Membership/Dues ‐ ‐ ‐ ‐ ** 252 ‐100.00% 5000 Public Information Office 143,875 133,660 8,613 68,710 51.41% 66,093 3.96% 5100 Community Services Administration501110 Salaries‐Regular 323,640 323,640 23,513 178,419 55.13% 163,980 8.81% 501120 Salaries‐Part Time ‐ ‐ ‐ 2,180 ** 2,171 0.41% 502100 Retirement 78,065 78,065 6,440 48,816 62.53% 42,829 13.98% 502105 Workers Comp Insurance 4,510 4,510 433 3,354 74.37% 3,290 1.95%502110 Health/Life Insurance 26,980 26,980 2,507 17,303 64.13% 17,328 ‐0.14% 502111 Medical In‐Lieu Pay 6,000 6,000 500 3,563 59.38% 4,125 ‐13.62% 502115 Unemployment Insurance 445 445 37 413 92.81% 450 ‐8.22%502120 Medicare/FICA 4,420 4,420 335 2,564 58.01% 2,351 9.06%502130 Other Benefit Charges 2,430 2,430 207 1,572 64.69% 1,444 8.86% 602100 Special Dept Expense 9,700 12,900 1,375 7,500 58.14% 74,749 ‐89.97% 602110 Office Expense 3,185 3,185 94 2,480 77.86% 1,903 30.32% 602115 Postage 400 400 ‐ 489 122.25% 367 33.24% 603110 Building Maintenance 10,485 15,485 450 5,950 38.42% 1,575 277.78% Community Service ‐ Bobadilla
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2021/22
Actual*
FY 2022/23
Adopted
Budget
FY 2022/23
% Change
From Prior
Year
* = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description % of Budget
Community Service ‐ Bobadilla
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2021/22
Actual*
FY 2022/23
Adopted
Budget
FY 2022/23
% Change
From Prior
Year
5100 Community Services Administration, Continued
607100 Membership/Dues 550 ‐ 550 55 10.00% 892 ‐93.83% 607115 Training 6,150 ‐ 6,150 4,409 71.69% 295 1394.58% 609100 Special Events 17,900 ‐ 20,900 14,534 69.54% 12,413 17.09%612105 Vehicle Replacement Charge 12,945 12,945 1,079 8,630 66.67% 5,230 65.01% 612115 Liability Insurance Charge 75,215 ‐ 75,215 67,432 89.65% 50,693 33.02%5100 Community Services Administration Total 583,020 594,220 36,970 369,663 62.21% 386,085 ‐4.25% 5200 Community Center Operations
501110 Salaries‐Regular 36,385 36,385 2,742 17,248 47.40% 16,290 5.88% 501115 Salaries‐Overtime ‐ ‐ ‐ ‐ ** 164 ‐100.00% 501120 Salaries‐Part Time 115,220 115,220 2,374 28,038 24.33% 19,529 43.57% 502100 Retirement 17,560 17,560 912 6,344 36.13% 4,319 46.89% 502105 Workers Comp Insurance 2,200 2,200 94 833 37.86% 709 17.49% 502110 Health/Life Insurance 4,785 4,785 436 2,854 59.64% 2,546 12.10% 502111 Medical In‐Lieu Pay 2,700 2,700 162 1,636 60.59% 1,875 ‐12.75% 502115 Unemployment Insurance 805 805 61 209 25.96% 229 ‐8.73% 502120 Medicare/FICA 2,130 2,130 77 680 31.92% 549 23.86% 502130 Other Benefit Charges 1,925 1,925 25 166 8.62% 153 8.50% 602100 Special Dept Expense 4,000 4,000 34 2,675 66.88% 2,726 ‐1.87% 602110 Office Expense 1,000 1,000 245 880 88.00% 451 95.12% 603110 Building Maintenance 6,695 6,695 250 2,129 31.80% 3,304 ‐35.56% 612105 Vehicle Replacement Charge 395 395 33 263 66.58% 263 0.00%702100 Furniture‐Office 6,500 ‐ 6,500 ‐ 0.00% ‐ **5200 Community Center Operations 202,300 202,300 7,445 63,955 31.61% 53,107 20.43% 5300 Park Operations501110 Salaries‐Regular 77,735 77,735 5,757 45,988 59.16% 42,915 7.16%501115 Salaries‐Overtime ‐ ‐ ‐ 1,142 ** 1,741 ‐34.41% * = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description % of Budget
Community Service ‐ Bobadilla
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2021/22
Actual*
FY 2022/23
Adopted
Budget
FY 2022/23
% Change
From Prior
Year
5300 Park Operations, Continued
501120 Salaries‐Part Time 116,440 116,440 6,203 86,219 74.05% 66,529 29.60% 502100 Retirement 17,635 17,635 1,423 11,376 64.51% 10,029 13.43% 502105 Workers Comp Insurance 2,840 2,840 220 2,433 85.67% 2,167 12.28% 502110 Health/Life Insurance 9,575 9,575 876 6,355 66.37% 6,075 4.61%502111 Medical In‐Lieu Pay 1,200 1,200 232 1,617 134.75% 950 70.21% 502115 Unemployment Insurance 1,125 1,125 137 695 61.78% 1,200 ‐42.08% 502120 Medicare/FICA 2,720 2,720 177 1,956 71.91% 1,625 20.37% 502130 Other Benefit Charges 2,655 2,655 54 448 16.87% 411 9.00% 602100 Special Dept Expense 4,000 4,000 192 380 9.50% 2,153 ‐82.35% 602110 Office Expense 3,000 3,000 128 442 14.73% 124 256.45% 5300 Park Operations 238,925 238,925 15,399 159,051 66.57% 135,919 17.02% 5400 Senior Citizens Programs501110 Salaries‐Regular 18,195 18,195 1,371 9,789 53.80% 10,925 ‐10.40% 501115 Salaries‐Overtime ‐ ‐ ‐ ‐ ** 74 ‐100.00% 501120 Salaries‐Part Time 38,645 38,645 4,619 26,805 69.36% 14,677 82.63% 502100 Retirement 4,225 4,225 339 2,420 57.28% 2,553 ‐5.21%502105 Workers Comp Insurance 830 830 110 673 81.08% 507 32.74% 502110 Health/Life Insurance 2,395 2,395 218 1,582 66.05% 1,652 ‐4.24%502111 Medical In‐Lieu Pay ‐ ‐ 116 870 ** 800 8.75% 502115 Unemployment Insurance 320 320 93 219 68.44% 109 100.92% 502120 Medicare/FICA 780 780 89 543 69.62% 384 41.41%
502130 Other Benefit Charges 770 770 14 100 12.99% 104 ‐3.85% 609200 Senior Citizen Program 1,200 1,200 256 707 58.92% 687 2.91% 5400 Senior Citizens Programs 67,360 67,360 7,225 43,708 64.89% 32,472 34.60% * = Actual data is reported through February.
ATTACHMENT B
Acct. No. Description % of Budget
Community Service ‐ Bobadilla
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
FY 2021/22
Actual*
FY 2022/23
Adopted
Budget
FY 2022/23
% Change
From Prior
Year
5500 Recreation Programs602115 Postage 9,510 9,510 ‐ 6,758 71.06% 6,216 8.72%602150 Recreation Brochure Mailing 28,000 28,000 ‐ 19,629 70.10% 15,478 26.82% 608150 Contractual Recreation Program 16,800 16,800 455 17,413 103.65% 15,838 9.94% 5500 Recreation Programs 54,310 54,310 455 43,800 80.65% 37,532 16.70%101 TOTAL COMMUNITY SERVICES $ 1,289,790 $ 1,290,775 $ 76,107 $ 748,887 58.02% 711,20 $ 8 5.30% * = Actual data is reported through February.
ATTACHMENT B
Acct. No.
Description
% of Budget
101 General Fund1600 Non‐Departmental800250 Transfer to FACT Grant $ 46,470 $ 46,470 $ 3,065 $ 34,890 75.08% $ 7,125 389.68% 800251 Transfer to Senior Transportation Fund 11,045 11,045 514 5,110 46.27% ‐ 5,617 9.03%800280 Transfer to SCP Maintenance Fund 59,200 59,200 4,933 39,467 66.67% 27,427 43.90%800305 Transfer to Capital Projects Fund 180,000 209,000 ‐ ‐ 0.00% ‐ ** TOTAL TRANSFERS OUT $ 296,715 $ 325,715 $ 8,512 $ 79,467 24.40% $ 40,169 97.83% Transfers to Other Funds‐Bannigan
February 2023 General Fund Expenditures (67% of year)
FY 2022/23
Amended
Budget
Activity
During
February
Year to Date
Actual *
% Change
From Prior
Year
FY 2021/22
Actual*
FY 2022/23
Adopted
Budget
FY 2022/23
* = Actual data is reported through February.
ATTACHMENT B
General Fund - Fund Balance Status
Measure GG
Transaction &
General Fund Use Tax Fund
(101) (102) Total
Reserves as of June 30, 2022 (per City Reserve Policy):
Capital Improvement (A) $ 5,000,000 $ 5,000,000
Economic Uncertainty (B) 5,700,000 5,700,000
Emergency Disaster Continuity (C) 2,900,000 2,900,000
Equipment and Maintenance (A) 150,000 150,000
Technology Equipment (A) 150,000 150,000
Subtotal 13,900,000 - 13,900,000
Other Fund Balance Commitments:
Developer Contributions from Public Benefit Fees 1,377,796 1,377,796 Developer Contributions from Beautification Fees 190,000 190,000 Developer Contributions from Neighborhood Preservation Fees 88,500 88,500 Subtotal 1,656,296 - 1,656,296
Available Fund Balance (unreserved) 9,975,608 389,600 10,365,208 Total Discretionary Fund Balance as of June 30, 2022 25,531,904 389,600 25,921,504 Estimated increase (decrease) of fund balance
during Fiscal Year 2022-23 649,141 (389,600) 259,541
Total Projected Discretionary Fund Balance as of June 30, 2023 26,181,045 $ $ 26,181,045 - $ Notes:
(A) - Flat amounts per Reserve Policy adopted on June 14, 2022 (City Resolution No. 2022-34). (B) - Amount is equal to 20% of Fiscal Year 2022/23 operating expenditures budgeted in General Fund per Reserve Policy adopted on June 14, 2022 (City Resolution No. 2022-34). (C) - Amount is equal to 10% of Fiscal Year 2022/23 operating expenditures budgeted in General Fund per Reserve Policy adopted on June 14, 2022 (City Resolution No. 2022-34).
ATTACHMENT C
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Account
No. Description
FY 2022/23
Adopted
Budget
FY 2022/23
Amended
Budget
Activity During
February
Year to Date
Actual *% of Budget
FY 2021/22
Actual *
% Change
From Prior
Year
REVENUES
435100 Interest $ 25,000 $ 25,000 $ ‐ $ 106,944 427.78% $ 15,616 584.84% 435110 Unrealized Gains/Losses ‐ ‐ (39,415) 29,308 ** ‐ (91,543) 132.02% 436140 Tina Way/Pacific Ave. Property Rent 560,000 610,000 55,332 450,844 73.91% 267,155 68.76% 437135 Expense Reimbursement 1,000 1,000 ‐ ‐ 0.00% ‐ ** 437145 Sale Of Assets ‐ ‐ ‐ ‐ ** ‐ 681,902 100.00% TOTAL REVENUES $ 586,000 $ 636,000 $ 15,917 $ 587,096 92.31% $ 873,130 ‐32.76%
ESTIMATED EXPENDITURES AND OTHER USES
Salaries and Benefits
501110 Salaries‐Regular 145,820 145,820 9,643 83,753 57.44% 80,252 4.36% 501115 Salaries‐Overtime ‐ ‐ ‐ 28 ** ‐ 268 89.55%
501120 Salaries‐Part‐Time 2,575 2,575 171 1,143 44.39% 1,416 ‐19.28% 502100 Retirement 35,325 35,325 2,618 22,521 63.75% 20,741 8.58% 502105 Workers' Compensation 2,205 2,205 181 1,562 70.84% 1,617 ‐3.40% 502110 Health/Life Insurance 15,290 15,290 1,197 8,816 57.66% 8,638 2.06% 502111 Medical in Lieu 450 450 47 282 62.67% ‐ 433 34.87% 502115 Unemployment Insurance 195 195 21 229 117.44% 199 15.08%502120 Medicare/FICA 2,035 2,035 131 1,136 55.82% 1,112 2.16% 502130 Other Benefits 1,055 1,055 85 738 69.95% 707 4.38% Total‐Salaries and Benefits 204,950 204,950 14,094 120,208 58.65% 115,383 4.18% Maintenance and Operations
602110 Office Expense 1,000 1,000 ‐ ‐ 0.00% ‐ 147 100.00% 602115 Postage 500 500 ‐ 51 10.20% 14 264.29%
602130 Clothing ‐ 2,940 ‐ 2,937 99.90% ‐ 100.00%602140 Materials and Supplies 5,000 2,060 334 1,242 60.29% 591 110.15% 602145 Gas/Oil/Lube ‐ ‐ ‐ ‐ ** ‐ 20 100.00%
603120 Minor Repairs 15,000 ‐ ‐ ‐ ** ‐ **
604105 Utilities 50,000 50,000 9,521 35,517 71.03% 32,995 7.64% HOUSING AUTHORITY FUND (#285)
February 2023 Revenues and Expenditures (67% of year)
FY 2022/23
ATTACHMENT D
Account
No. Description
FY 2022/23
Adopted
Budget
FY 2022/23
Amended
Budget
Activity During
February
Year to Date
Actual *% of Budget
FY 2021/22
Actual *
% Change
From Prior
Year
HOUSING AUTHORITY FUND (#285)
February 2023 Revenues and Expenditures (67% of year)
FY 2022/23
Maintenance and Operations , Continued
607100 Membership Dues 4,800 ‐ 4,800 ‐ 0.00% ‐ ** 607110 Travel/Conference/Meetings 1,000 1,000 ‐ ‐ 0.00% ‐ ** 607115 Training 2,500 2,500 ‐ ‐ 0.00% ‐ ** 608100 Contractual Services 24,000 24,000 1,355 13,452 56.05% 315,759 ‐95.74% 608105 Professional Services 530,500 530,500 14,561 180,548 34.03% 121,376 48.75%610130 Tina Pacific Operating Expense (QMG) ‐ 240,000 37,413 156,542 65.23% ‐ 100.00% 610131 Bad Debt Expense (QMG) ‐ 50,000 ‐ 37,645 75.29% ‐ 100.00% 610135 Relocation Assistance 40,000 39,800 895 16,974 42.65% ‐ 30,973 45.20%610230 Navigation Center (North SPA) 50,000 50,000 ‐ ‐ 0.00% ‐ ** 611110 O.C. Sanitation User Fee 21,500 21,500 ‐ 19,484 90.62% ‐ 20,837 6.49%612135 Building Maintenance 75,000 ‐ ‐ ‐ ** ‐ ** Total‐Maintenance and Operations 820,800 1,020,600 64,079 464,392 45.50% 522,712 ‐11.16% Allocated Charges
612105 Vehicle Replacement Charge 5,805 5,805 484 3,870 66.67% ‐ 6,717 42.38% 612115 Liability Insurance Charge 7,295 7,295 ‐ 6,540 89.65% ‐ 13,841 52.75% 612140 Information Technology Charge 18,215 18,215 1,518 12,143 66.66% ‐ 16,050 24.34% 614205 Admin Overhead 21,580 21,580 1,751 16,329 75.67% 12,763 27.94% Total‐Allocated Charges 52,895 52,895 3,753 38,882 73.51% ‐ 49,371 21.25%Capital Outlay 760100 Demolition/Condemnation 200,000 93,800 ‐ 93,800 100.00% ‐ 100.00% 790100 Land Acquisition ‐ 2,500,000 ‐ 2,500,000 100.00% ‐ 100.00% Total‐Capital Outlay 200,000 2,593,800 ‐ 2,593,800 100.00% ‐ 100.00% Transfers to Other Funds
800101 Transfer to General Fund ‐ ‐ ‐ ‐ ** ‐ 890,000 100.00% Total‐Transfers to Other Funds ‐ ‐ ‐ ‐ ** ‐ 890,000 100.00% TOTAL EXPENDITURES $ 1,278,645 $ 3,872,245 $ 81,926 $ 3,217,282 83.09% 1,577,466 $ 103.95% REVENUES OVER (UNDER) EXPENDITURES $ (692,645) $ (3,236,245) $ (66,009) $ (2,630,186) $ (704,336) * = Actual data is reported through February.
ATTACHMENT D
2 Housing Authority Fund (Fund 285) - Fund Balance Status Available Fund Balance as of June 30, 2022 $ 12,414,239 Estimated increase (decrease) of fund balance
during Fiscal Year 2022-23 (3,236,445)
Projected Available Fund Balance as of June 30, 2023 $ 9,177,794
ATTACHMENT E
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Task Code Description
Adopted
Budget
2022/23
FY 2021/22
Budget
Carryover
Other Budget
Adjustments
Amended
Budget
2022/23
YTD
Actual
2022/23 Encumbrances
% Spent
(Includes
Encumbrances)
Remaining
Budget
Street Projects
2022‐101 Citywide Street Rehabilitation (FY 2021/22) $ ‐ $ 1,846,245 $ 81,330 $ 1,927,575 $ 1,885,817 $ 40,769 99.9% $ 989 2022‐102 Citywide Street Sign Replacement ‐ 149,490 ‐ 149,490 ‐ ‐ 0.0% 149,490 2023‐101 Citywide Street Rehabilitation (FY 2022/23) 2,090,000 109,050 (81,330) 2,117,720 51,008 59,030 5.2% 2,007,682 2023‐102 Greening Stanton 180,000 ‐ ‐ 180,000 ‐ ‐ 0.0% 180,000 2023‐103
Catch Basin Connector Pipe ScreenInstallations (FY 2022/23) 70,000 ‐ ‐ 70,000 66 ‐ 0.1% 69,934 2023‐104 Pavement Management Plan Update ‐ ‐ 26,196 26,196 5,130 21,066 100.0% ‐ Total Street Projects $ 2,340,000 $ 2,104,785 $ 26,196 $ 4,470,981 $ 1,942,021 $ 120,865 46.1% $ 2,408,095 Parks Projects
2021‐201 Park Master Plan $ ‐ $ 174,620 $ ‐ $ 174,620 $ 95,691 $ 68,092 93.8% $ 10,837 2021‐205 Dog Park ‐ 154,555 ‐ 154,555 56,247 78,395 87.1% 19,913 2022‐201 Family Resource Center Improvements (Phase 1) 182,600 391,140 223,581 797,321 13,743 17,000 3.9% 766,578 2022‐203 Orangewood Parkette 850,000 78,885 20,500 949,385 15,822 63,976 8.4% 869,587 2022‐204 Norm Ross Sports Park ‐ 7,691,060 ‐ 7,691,060 108,472 533,600 8.3% 7,048,988 2022‐205 Replace Shade Structure at Stanton Central Park ‐ ‐ 60,000 60,000 1,642 ‐ 2.7% 58,358 2022‐206 Premier Park Renovation 500,000 150,000 200,000 850,000 41,539 67,637 12.8% 740,824 2022‐820 Stanton Park Adult Fitness Equipment 84,090 3,885 ‐ 87,975 2,718 1,167 4.4% 84,090 2022‐833 Stanton Park Refresh ‐ ‐ 410,000 410,000 ‐ ‐ 0.0% 410,000 2023‐201 Family Resource Center Improvements (Phase 2) ‐ ‐ 201,419 ‐ 201,419 ‐ 0.0% 201,419 Total Parks Projects $ 1,616,690 $ 8,704,145 $ 1,055,500 $ 11,376,335 $ 335,874 $ 829,867 10.2% 10,210,594 $ Sewer
2022‐301 Sewer Master Plan Update $ ‐ $ 531,225 $ ‐ $ 531,225 $ 127,856 $ 353,497 90.6% $ 49,872 2023‐301 Annual Sewer Rehabilitation (FY 2022/23) 550,000 ‐ (550,000) ‐ ‐ ‐ 0.0% ‐ Total Sewer $ 550,000 $ 531,225 $ (550,000) $ 531,225 $ 127,856 $ 353,497 90.6% $ 49,872 Facilities
2022‐839 ADA Transition Plan $ ‐ $ ‐ $ 110,000 $ 110,000 $ ‐ $ 109,300 99.4% $ 700 2023‐603 Stanton Community Center Improvements ‐ ‐ 500,000 500,000 ‐ ‐ 0.0% 500,000 Total Facilities $ ‐ $ ‐ $ 610,000 $ 610,000 $ ‐ $ 109,300 17.9% $ 500,700 GRAND TOTAL $ 4,506,690 $ 11,340,155 $ 1,141,696 $ 16,988,541 $ 2,405,751 $ 1,413,529 22.5% 13,169,261 $
CITY OF STANTON
FY 2022/23
STATUS OF CAPITAL IMPROVEMENT PROJECTS (CIP)
JULY 1, 2022 THROUGH FEBRUARY 28, 2023
ATTACHMENT F
Task Code Description
Adopted
Budget
2022/23
FY 2021/22
Budget
Carryover
Other Budget
Adjustments
Amended
Budget
2022/23
YTD
Actual
2022/23 Encumbrances
% Spent
(Includes
Encumbrances)
Remaining
Budget
CITY OF STANTON
FY 2022/23
STATUS OF CAPITAL IMPROVEMENT PROJECTS (CIP)
JULY 1, 2022 THROUGH FEBRUARY 28, 2023
Funding Source
101 General Fund $ 180,000 $ ‐ 32,885 $ $ 212,885 $ 2,718 $ 30,167 15.4% 180,000 $ 211 Gas Tax Fund 27,763 276,920 105,021 409,704 69,643 52,135 29.7% 287,926 215 RMRA Fund 1,011,998 1,109,895 (58,825) 2,063,068 ‐ 1,051,070 50.9% 1,011,998 220 Measure M Turnback Fund 1,064,239 ‐ 656,040 1,720,279 788,378 59,030 49.3% 872,871 221 CDBG‐CV Grant Fund ‐ ‐ 500,000 ‐ 500,000 ‐ 0.0% 500,000 222 CDBG Grant Fund ‐ 350,000 ‐ 350,000 ‐ ‐ 0.0% 350,000 227 Other Grants Fund 1,107,976 7,691,060 425,000 9,224,036 108,472 533,600 7.0% 8,581,964 257 ARPA Fund ‐ 174,620 700,000 874,620 95,691 158,092 29.0% 620,837 305 Capital Projects Fund (Reserves) 31,000 92,930 ‐ 123,930 34,572 ‐ 27.9% 89,358 310 Park In‐Lieu Fund 533,714 424,580 20,500 978,794 127,351 227,008 36.2% 624,435 501 Sewer Maintenance Fund 405,000 531,225 (405,000) 531,225 127,856 353,497 90.6% 49,872 502 Sewer Capital Improvement Fund 145,000 ‐ (145,000) ‐ ‐ ‐ 0.0% ‐ GRAND TOTAL $ 4,506,690 $ 11,340,155 $ 1,141,696 $ 16,988,541 $ 2,405,751 $ 1,413,529 22.5% 13,169,261 $
ATTACHMENT F
2 1
CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: April 11, 2023
SUBJECT: MUNICIPAL FACILITY LICENSE AGREEMENT WITH CROWN CASTLE
FIBER LLC
REPORT IN BRIEF:
Crown Castle, LLC is planning to remove a City owned streetlight on Beach Boulevard and install a new streetlight with a cellular antenna to be in compliance with the Federal Communication Commission (FCC) Declaration to support the deployment of 5G and other next-generation wireless services. Streetlights are owned, operated, and maintained by the City. This agreement establishes provisions regarding ownership of the equipment, maintenance, and responsibilities between the City and Crown Castle, LLC for the streetlight and equipment installed.
RECOMMENDED ACTION:
1. City Council declare that this item is not subject to the 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. Approve the Municipal Facility License Agreement and authorize the City Manager to execute said Agreement.
BACKGROUND:
The Federal Communications Commission (FCC) Declaration was made to support the deployment of 5G and other next-generation wireless services by installing small wireless facilities. Crown Castle, LLC submitted a building permit application to remove a City owned streetlight on Beach Boulevard and install a new streetlight with a cellular antenna.
ANALYSIS/JUSTIFICATION:
Streetlights are owned, operated, and maintained by the City. Staff worked with the City Attorney’s office to draft the proposed license agreement to establish provisions regarding ownership of the equipment, maintenance, and responsibilities between the Item: 6G
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2 City and Crown Castle, LLC. The Municipal Facility License Agreement includes the following provisions:
• An initial term of ten (10) years, and auto renewal for successive five (5) year renewal terms, pending applicable provisions are followed. • A rental fee in the amount of $270 per calendar year, with a 4% increase every year (the rental fee amount is established by the FCC). • Responsibility by Crown Castle, LLC to remove, repair, or replace any of their own equipment and/or repair any damage to public right-of-way, municipal facilities, and/or other property, whether private or public, caused by Crown Castle, LLC.
As the Agreement would designate Crown Castle, LLC the responsible party to remove, repair, and/or replace any damage to their own equipment, staff seeks to enter into this Agreement to absolve the City from any liabilities that may occur.
FISCAL IMPACT:
Annual rental revenues of $270, the amount established by the FCC. Rental revenues will be deposited into the City’s General Fund.
ENVIRONMENTAL IMPACT:
This item is not subject to the 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).
LEGAL REVIEW:
The City Attorney reviewed the Municipal Facility License Agreement.
PUBLIC NOTIFICATION:
Notifications were performed as prescribed by law.
STRATEGIC PLAN OBJECTIVE:
Obj. No. 3: Provide a high quality infrastructure.
Prepared by: Han Sol Yoo, E.I.T, Associate Engineer
Reviewed by: Cesar Rangel, P.E., Public Works Director / City Engineer Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment:
A. Municipal Facility License Agreement
MUNICIPAL FACILITY LICENSE AGREEMENT
THIS MUNICIPAL FACILITY LICENSE AGREEMENT (the “Agreement”) is dated as of _________________, 20___ (the date fully executed by all parties, referred to herein as “Effective Date”), and entered into by and between the City of Stanton, a California municipal corporation (the “Licensor”), and Crown Castle Fiber LLC, a New York limited liability company (“Licensee”). Licensor and Licensee are referred to herein collectively as the “Parties” or individually as a “Party.”
Recitals
A. WHEREAS, the Licensor is the owner of certain Municipal Facilities (as defined below) located in the Rights-of-Way (as defined below) of the City of Stanton (“City”); B. WHEREAS, Licensee is authorized to conduct business as a telephone corporation in the State of California;
C. WHEREAS, Licensee desires to use space on certain of the Licensor’s Municipal Facilities in the Rights-of-Way to construct, attach, install, operate, and maintain of its Equipment (as defined below);
D. WHEREAS, Licensor is willing to allow Licensee to use and physically occupy portions of the Municipal Facilities in the Rights-of-Way subject to the terms and conditions of this Agreement.
Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions:
1. DEFINITIONS. The following definitions shall apply generally to the provisions of this Agreement:
1.1 “Equipment” means the equipment cabinets, antennas, utilities, and fiber optic cables, wires, and related equipment, whether referred to individually or collectively, to be installed on a Municipal Facility and operated by Licensee under a particular Supplement.
1.2 “Hazardous Substance” means any substance, chemical or waste that is identified as hazardous or toxic in any applicable federal, state or local law or regulation, including, but not limited to, petroleum products and asbestos.
1.3 “Laws” means any and all applicable statutes, codes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, court orders, or other requirements of the Licensor or other governmental agency having joint or several jurisdiction over the parties to this Agreement as such laws may be amended from time to time.
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1.4 “License Fee” means the compensation paid under any Supplement for use of the Municipal Facilities.
1.5 “Make-Ready Work” means the work required on or in a Municipal Facility to create space for the Equipment, and/or replacing and/or reinforcing the existing Municipal Facility to accommodate Equipment including, but not limited to, rearrangement or transfer of existing Equipment and the facilities of other entities, and Municipal Facility relocation and replacement if applicable.
1.6 “Municipal Facilities” means Licensor-owned structures, objects, and equipment in the ROW, including, but not limited to, street lights, traffic control structures, banners, street furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers located within the ROW, and may refer to such facilities in the singular or plural, as appropriate to the context in which used. The term includes Replacement Facilities referred to in Section 4.1.3.
1.7 “Person” means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture, or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons.
1.8 “PUC” means the California Public Utilities Commission.
1.9 “Right(s)-of-Way” or “ROW” means any public highway, public street, public way, or public place in the City, either owned by the City or dedicated to the public for public purposes.
1.10 “Services” means the transmission and reception of communications signals for the provision of personal wireless services, telecommunications services and mobile data services as defined in federal law, but specifically excluding cable services and/or video services as defined by the Digital Infrastructure and Video Competition Act (as codified in Public Utilities Code section 5800 et seq.).
1.11 “Supplement” shall mean each separate authorization, granted by Licensor to Licensee with regard to a specific Equipment installation, the form of which is attached hereto as Exhibit A, each and every of which shall be subject to the terms and conditions of this Agreement.
1.12 “Transfer” means any transaction in which the rights and/or obligations held by Licensee under this Agreement or a Supplement are transferred, directly or indirectly, in whole or in part to a party other than Licensee.
2. TERM; SUPPLEMENT TERM.
2.1 Term. The initial term of this Agreement shall be for a period of ten (10) years (the “Initial Term”), commencing on the Effective Date and ending on the tenth (10th) anniversary thereof, unless sooner terminated as stated herein. Provided that Licensee is not in default of the Agreement or any Supplement following written notice and the expiration of any applicable cure period, this Agreement shall be automatically renewed for successive five (5) year renewal terms (each, a “Renewal Term”), unless either party gives the other party written notice of the intent not to renew this Agreement at least six (6) months prior to the expiration of the Initial Term or any - 3 -
Renewal Term, as applicable. The Initial Term and all Renewal Terms shall be collectively referred to herein as the “Term.” Any holding over after the termination or expiration of the Term shall constitute a default by Licensee, notwithstanding that Licensor may elect to accept one or more payments of fees from Licensee after such default occurs.
2.2 Supplement Term. Unless otherwise specified in a Supplement, the initial term for each particular Supplement shall begin on its effective date (“Supplement Effective Date”) and shall end upon the expiration of the Term, unless such individual Supplement is earlier terminated or this Agreement is extended or terminated, as provided for herein (the “Supplement Term”). All of the provisions of this Agreement shall be in effect during the Supplement Term. The expiration or termination of the Agreement shall immediately terminate all Supplements. Any holding over after the expiration of the Supplement Term shall constitute a default by Licensee, notwithstanding that Licensor may elect to accept one or more payments of fees from Licensee after such default occurs.
3. REPRESENTATION CONCERNING SERVICES; NO AUTHORIZATION TO PROVIDE OTHER SERVICES. Licensee represents, warrants, and covenants that its Equipment installed pursuant to this Agreement and each Supplement will be utilized solely for providing the Services, and Licensee is not authorized to and shall not use its Equipment installed on Municipal Facilities to offer or provide any other services not specified herein without Licensor consent. At any time that Licensee ceases to operate as a provider of Services under federal or state law, it shall provide written notice of the same to Licensor within seven (7) days of such cessation, at which time the Licensor shall have the option, in its sole discretion and upon six (6) months’ written notice to Licensee, to terminate this Agreement and to require the removal of Licensee’s Equipment from the ROW and from Municipal Facilities, including the cost of any site remediation, at no cost to the Licensor, without any liability to Licensee related directly or indirectly to such termination.
4. SCOPE OF AGREEMENT. Licensee may only use Municipal Facilities pursuant to an approved Supplement. Any and all rights expressly granted to Licensee under this Agreement shall be exercised at Licensee’s sole cost and expense, and shall be subject to the restrictions set forth herein
4.1 Attachment to Municipal Facilities. Subject to the conditions herein, Licensor hereby authorizes and permits Licensee to locate, place, attach, install, operate, maintain, control, remove, reattach, reinstall, relocate, and replace Equipment on identified Municipal Facilities located in the ROW for the purpose of providing Services.
4.1.1 Licensee will submit to the authorized representative of the Licensor an application substantially in the form of Exhibit B (“Application”) hereto including a proposed design for any proposed Equipment installations that identifies both the Equipment and the Municipal Facilities Licensee proposes to use. One Application is required per Municipal Facility.
4.1.2 Licensor may approve, approve with conditions, or disapprove an Application in its sole discretion; provided however, that Licensor shall not unreasonably delay its decision. Any approved Equipment shall be included as part of the applicable Supplement. - 4 -
4.1.3 If Licensee submits an Application to use a Municipal Facility that is structurally inadequate or otherwise unsuitable to accommodate its proposed Equipment, Licensor may permit the replacement of the Municipal Facility (a “Replacement Facility”) with one that is acceptable to and approved by the Licensor as part of the applicable Supplement. Any Replacement Facility shall be installed and maintained in accordance with Section 6 of this Agreement.
4.1.4 Unmetered electricity where possible. Licensee shall be solely responsible for obtaining and maintaining the provision of electricity to the Equipment, including, but not limited to, making payments to electric utilities. Where commercially feasible and available, Licensee shall secure unmetered electricity services.
4.2 Additional Authority. Nothing in this Agreement shall limit in any way Licensee’s obligation to obtain any additional required regulatory approvals or permits from any City department, board, commission, or other governmental agency that has regulatory authority over the Licensee’s proposed activities involving use of the Municipal Facilities in the ROW.
4.3 No Interference. Licensee acknowledges and agrees that the primary purpose of the Municipal Facilities is to serve the Licensor and the public. In the performance and exercise of its rights and obligations under this Agreement, Licensee shall not interfere in any manner with Licensor’s own services or the existence and operation of any and all public and private rights-ofway, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, traffic signals, communication facilities owned by the Licensor, electroliers, cable television, location monitoring services, public safety and other then existing telecommunications equipment, utilities, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable laws or this Agreement. If such interference should occur, Licensee shall discontinue using the Equipment, methodology, or technology that causes the interference until such time as Licensee takes corrective measures to eliminate such interference. In the event that such interference does not cease promptly, Licensee acknowledges that continuing interference may cause irreparable injury and harm, and therefore, in addition to any other remedies, and without limitation of any other remedy, Licensor shall be entitled to seek temporary and permanent injunctions against the breach of this Subsection. Notwithstanding the foregoing, Licensor and Licensee agree to work in good faith with each other and any other affected party to resolve any interference to or by Licensee.
4.4 Permits; Default. In addition to any other remedies available hereunder, whenever Licensee is in default of this Agreement or an applicable Supplement, after notice and applicable cure periods, Licensor may deny further encroachment, excavation, or similar permits for work in connection with installations under this Agreement until such time as Licensee cures all of its defaults.
4.5 Compliance with Laws. Licensee shall comply with all Laws in the exercise and performance of its rights and obligations under this Agreement.
4.6 Non-Exclusive Use Rights. Notwithstanding any other provision of this Agreement, any and all rights expressly or impliedly granted to Licensee under this Agreement - 5 -
shall be non-exclusive, and shall be subject and subordinate to (1) the continuing right of the Licensor to use, and to allow any other person or persons to use, any and all parts of the ROW or Municipal Facilities, exclusively or concurrently with any other person or persons, and (2) the public easement for streets and any and all other deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title (collectively, “Encumbrances”) which may affect the ROW or Municipal Facilities now or at any time during the term of this Agreement, including, without limitation any Encumbrances granted, created, or allowed by the Licensor at any time.
5. COMPENSATION. Licensee shall be solely responsible for the payment of all fees in connection with Licensee’s performance under this Agreement, including, but not limited to, those set forth below.
5.1 One Time Fees. The Licensor activities described in Section 5.1 are “One-Time Fees” that reimburses the City for its costs associated with reviewing and approving applications to attach Equipment on identified Municipal Facilities located in the ROW, this Agreement and Supplements to this Agreement for additional locations. The Licensor shall track its time spent reviewing the Licensee submittals for Licenses, Supplements and associated permit activities described below, and charge its hourly rate for any time spent above the amount to be recovered by any established fee. The fee amounts shall be assessed and administered consistent with standard Licensor practice and fee schedule(s) as currently adopted and subsequently amended or replaced, in a manner consistent with applicable law.
5.1.1 Permit Fees. Licensee shall be responsible for paying all costs associated with City review, processing and inspection as part of all permit applications filed for the installation, modification, maintenance and removal of Equipment on identified Municipal Facilities located in the ROW.
5.1.2 License and Supplement Fee. Licensee shall be responsible for paying all costs associated with City review and processing of this License and any Supplements thereto (or any amendment thereto) and/or the other administrative review, consultation, and inspection described in this License, including review of Company submittals.
5.2 License Fees.
5.2.1 Rent. During any period in which the FCC Declaratory Ruling (FCC 18- 133) is in effect and during any period in which the Alternate Rent provisions in paragraph 5.2.2 are not applicable, the Licensee shall pay Rent as described in this paragraph. Licensee shall pay to the Licensor the base amount of two hundred and seventy dollars ($270.00) per calendar year for each location covered by a Supplement. The base amount under all Supplements shall be subject to an annual adjustment of four percent (4%) applied on each anniversary of the Effective Date. Any new Supplements entered into during a given year shall commence at the rent, as adjusted by this Section to reflect the then-current rate. (the “Rent”). Rent for the first calendar year of a Supplement for each location shall be pro-rated based on the number of days covered from the Supplement Effective Date to the next anniversary of the Effective Date of the Agreement. There shall be no refunds of Rent paid due to the termination or expiration of the License for any reason.
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5.2.2 Alternate Rent. In the event the relevant provisions of the FCC Declaratory Ruling cease to be effective, the Licensee shall automatically and immediately be obligated to pay Alternate Rent as described in this paragraph and paragraph 5.2.2, if applicable. For each location covered by a Supplement, Licensee shall pay to the Licensor alternate rent in the base amount of One Thousand Dollars ($1,000.00) per calendar year. The base amount under all Supplements shall be subject to an annual adjustment of four percent (4%) applied on each anniversary of the Effective Date. (“Alternate Rent”). Alternate Rent for the first calendar year of a Supplement for each individual location shall be pro-rated based on the number of days covered from the Supplement Effective Date to the next anniversary of the Effective Date of the Agreement. There shall be no refunds of Alternate Rent paid due to the termination or expiration of the License for any reason.
5.2.3 The Licensor agrees that irrespective of whether the relevant provisions of the FCC Declaratory Ruling (FCC 18-133) cease to be effective, no Alternate Rent shall be due for any periods during which the relevant provisions of the FCC Declaratory Ruling were in effect. However, if Licensee has paid Rent pursuant to the provisions of Section 5.2.1 above for a calendar year, and the relevant provisions of the FCC Declaratory Ruling subsequently cease to be effective during the same calendar year, the Licensee shall pay the difference between the Rent and the Alternate Rent for the period from the date the relevant provisions of the FCC Declaratory Ruling ceased to be effective, until the next anniversary of Effective Date of the Agreement (“Rent Adjustment”). Such Rent Adjustment shall be paid to Licensor along with the next License Fee payment.
5.2.4 Receipt of any Rent or Alternate Rent by the Licensor, with knowledge of any breach of this License by Licensee, or of any default on the part of Licensee in the observance or performance of any of the conditions or covenants of this License, shall not be deemed a waiver of any provision of this License.
5.3 Payment.
5.3.1 Licensee shall make the first payment of the License Fee under any Supplement within forty-five (45) days of the Supplement Effective Date (as defined therein). The amount of the first payment of the License Fee for any Supplement shall be prorated to cover the period from the Supplement Effective Date of the applicable Supplement to the next anniversary of the Effective Date of this Agreement. Thereafter, the License Fee shall be paid in advance for each Municipal Facility used on or before each anniversary of the Effective Date. Acceptance by Licensor of any payment of the License Fee shall not be deemed a waiver by Licensor of any breach of this Agreement occurring prior thereto, nor will the acceptance by Licensor of any such payment preclude Licensor from later establishing that a greater amount was actually due or from collecting any balance that is due. As a prerequisite to the payment of License Fee, Licensor hereby agrees to provide to Licensee certain documentation (the “License Documentation”) evidencing Licensor’s interest in, and right to receive payments under, this Agreement, including without limitation: (i) a complete and fully executed Internal Revenue Service Form W-9, or equivalent, in a form acceptable to Licensee, for any party to whom License Fee payments are to be made pursuant to this Agreement; and (ii) other documentation requested by Licensee in Licensee’s reasonable discretion. From time to time during the Term of this Agreement and within - 7 -
thirty (30) days of a written request from Licensee, Licensor agrees to provide updated License Documentation in a form reasonably acceptable to Licensee.
5.3.2 The License Fee shall be paid by check made payable to the City and mailed or delivered to the Finance Department, at the address provided for in Section 10 below. The place and time of payment may be changed at any time by Licensor upon thirty (30) days’ written notice to Licensee. Mailed payments shall be deemed paid upon the date such payment is officially postmarked by the United States Postal Service. If postmarks are illegible to read, the payment shall be deemed paid upon actual receipt. Licensee assumes all risk of loss and responsibility for late payment charges if payments are made by mail. Notwithstanding the foregoing, upon agreement of the parties, Licensee may pay the License Fee by electronic funds transfer, and if agreed, the Licensor will provide to Licensee bank routing information for such purpose upon request of Licensee.
5.4 Delinquent Payment. A ten percent (10%) late fee shall be added to the License Fee if not received by Licensor within ten (10) calendar days after the due date. In addition, all unpaid fees shall accrue interest on the amount due at the rate of ten percent (10%) until paid in full. All late fees and interest payments shall be treated as part of, and subject to the same terms as, the License Fee under this Agreement.
5.5 Additional Remedies. The late fee set forth in Section 5.4 above is not exclusive, and does not preclude the Licensor from pursuing any other or additional remedies in the event that payments become overdue by more than thirty 30 days.
6. CONSTRUCTION. Licensee shall comply with all applicable federal, state, and local codes related to the construction, installation, operation, maintenance, and control of Licensee’s Equipment installed on Municipal Facilities. Licensee shall not attach, install, maintain, or operate any Equipment on Municipal Facilities without the prior written approval of an authorized representative of the Licensor for each location as evidenced in a signed Supplement. Licensee shall keep the Municipal Facilities free and clear from any liens arising out of any work performed, material furnished, or obligations incurred by or for Licensee.
6.1 Installation and Operation. Upon request and no more than once during the calendar year, Licensee shall promptly furnish to Licensor a current list and map that identifies the exact location of the Equipment in or on the Municipal Facility. That information must be provided in a format that is compatible with Licensor’s information technology, including but not limited to ESRI compatible GIS shapefiles, which Licensor shall provide to Licensee upon request.
6.2 Design Standards. Licensee shall design, construct, and install the Equipment and any Replacement Facility in compliance with the design standards set forth pursuant to Resolution No. 2019-35, or any applicable successor provision(s), and the City permit and conditions of approval. All future Supplements and modifications to existing Equipment shall be subject to then-current design standards in the City. By entering into this Agreement, Licensee agrees that the design standards currently in place at the time of this Agreement’s execution and required by this Section, are technically feasible and reasonably directed at accomplishing the aesthetic goals of Licensor.
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6.3 Obtaining Required Permits. Licensee acknowledges that in addition to a signed Supplement, each installation of Equipment and maintenance thereof shall also be subject to thencurrent City permitting requirements as set out in the City’s Municipal Code. Licensee agrees to comply with the current applicable ordinances regarding such installations and maintenance as well as any future regulations that may be adopted by the City related to such installations and maintenance. Licensee shall apply for the appropriate permits and pay any standard and customary permit fees.
6.4 Relocation and Displacement of Equipment.
6.4.1 This Agreement creates no right for Licensee to receive any relocation assistance or payment for any reason under the Relocation Assistance Act, the Uniform Relocation Assistance Act, or under any existing or future law upon any termination of tenancy.
6.4.2 Licensee understands and acknowledges that Licensor may require Licensee to relocate one or more of its Equipment installations. Licensee shall at Licensor’s direction and upon ninety (90) days’ prior written notice to Licensee, relocate such Equipment at Licensee’s sole cost and expense whenever Licensor reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, modification, completion, repair, relocation, or maintenance of Licensor or other public agency project; (b) because the Equipment is interfering with or adversely affecting proper operation of Licensor-owned Municipal Facilities; or (c) to protect or preserve the public health or safety, including, but not limited to, the safe or efficient use of rights-of-way. In any such case, Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent alternate location. If Licensee shall fail to relocate any Equipment as requested by the Licensor within the prescribed time, Licensor shall be entitled to remove or relocate the Equipment at Licensee’s sole cost and expense, without further notice to Licensee. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee’s property after removal within thirty (30) days of the date of a written demand for this payment from the Licensor.
6.4.3 To the extent the Licensor has actual knowledge thereof, the Licensor will attempt promptly to inform Licensee of the displacement or removal of any Municipal Facility on which any Equipment is located.
6.5 Relocations at Licensee’s Request. In the event Licensee desires to relocate any Equipment from one Municipal Facility to another, Licensee shall so advise Licensor. Licensor will use reasonable efforts to accommodate Licensee by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Agreement. Licensor may require Licensee to submit an application and/or enter into a new Supplement for the prospective relocation site. Licensee shall be liable for all costs of relocation, including any costs which Licensor may incur.
6.6 Make Ready
6.6.1 Make Ready Work and Costs.
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(a) Licensee shall bear responsibility for all Make-Ready Work. If a Person other than Licensee or Licensor would have to rearrange or adjust any of its facilities in order to accommodate new Equipment, Licensee shall be responsible, at Licensee’s sole expense, to coordinate such activity. Licensee shall be responsible for directly paying such other Person for its charges for the same. If Licensee is requested by another Person, in comparable circumstances, to relocate or adjust any Equipment to accommodate that Person’s facilities, subject to Licensor’s written approval of such relocation, Licensee shall reasonably cooperate with such request. (b) Construction, installation, and operation of the Equipment shall be conditioned on the completion of all Make-Ready Work needed to establish full compliance with NESC, and with Licensor’s regulatory rules and engineering standards; provided, however, that Licensee shall not be responsible for any third-party or Licensor costs necessary to correct third party or Licensor attachments that are non-compliant at the time of Licensee’s Application.
6.6.2 Notification of Completion of Installation. Within twenty (20) business days of completing the installation of Equipment on each Municipal Facility, Licensee shall notify Licensor of such completion.
6.7 Replacement Facilities
6.7.1 Ownership of Replacement Facilities
(a) Licensor shall own any approved Replacement Facility. Where needed, Licensee shall cooperate with Licensor to transfer ownership and any associated warranties of any Replacement Facility from Licensee to Licensor without charge to Licensor.
6.7.2 Replacement Facility Installation
(a) If Licensee is performing Make-Ready Work, Licensee shall be responsible for providing and installing any approved Replacement Facility.
6.8 Damage, Maintenance & Repair.
6.8.1 Licensee shall, at its sole cost and expense and to the satisfaction of the Licensor: (a) remove, repair, or replace any of its Equipment that is damaged or becomes detached; and/or (b) repair any damage to ROW, Municipal Facilities, or other property, whether public or private, caused by Licensee, its agents, employees, or contractors in their actions relating to attachment, operation, repair, or maintenance of Equipment. Licensee shall complete such removal, repair, or replacement within thirty (30) days’ of written notice.
6.8.2 In the event a Replacement Facility needs to be replaced, repaired, or cleared from the ROW, Licensee shall conduct this work at Licensee’s own expense. In this case Licensee will notify Licensor at (657) 295-0919 before beginning the work.
6.8.3 If Licensee does not remove, repair, replace, or otherwise remediate such damage to its Equipment, a Replacement Facility, or to the ROW, Municipal Facilities or other property as required in this Section 6.8, the Licensor shall have the option to perform or cause to be performed such removal, repair, or replacement on behalf of Licensee and shall charge Licensee - 10 -
for the actual costs incurred by the Licensor. If such damage causes a public health or safety emergency, as reasonably determined by Licensor, Licensor may immediately perform reasonable and necessary repair or removal work on behalf of Licensee and will notify Licensee as soon as practicable; provided, however, that such repair work shall not include any technical work on Licensee’s Equipment. Licensor shall have no obligation to maintain or safeguard the Equipment.
6.8.4 Upon the receipt of a demand for payment by the Licensor pursuant to this Section 6.8, Licensee shall within thirty (30) days of such receipt reimburse the Licensor for such costs.
6.8.5 The terms of this Section 6.8 shall survive the expiration termination of this Agreement.
6.9 Change in Equipment. If Licensee desires to install Equipment which is different in any material way from the then-existing and approved Equipment, then Licensee shall first obtain the written approval for the use and installation of such Equipment from an authorized representative of the Licensor. Any such approval shall take the form of an amendment to the applicable Supplement. In addition to any other submittal requirements, and if requested by Licensor, Licensee shall provide “load” (structural) calculations for all Equipment changes. In addition to the foregoing, Licensee shall comply with any other applicable City permitting or approval process for the Equipment change.
6.10 “Like-Kind Modifications.” For purposes of this Agreement, “Like-Kind Modification” shall mean modifications to the Equipment that do not increase the size, weight, loading, dimensions, RF emissions, or quantity of equipment or do not materially change the aesthetics of the Equipment. Notwithstanding Section 6.9 above Licensee may without the City’s prior consent perform “like-for-like” equipment replacements so long as such work qualifies as a “Like Kind Modification”,
6.11 Unauthorized Equipment. If Licensor discovers any Equipment has been installed on Municipal Facilities without authorization pursuant to a Supplement, Licensor may send an invoice to Licensee for a sum equal to five (5) times the then-current License Fee as compensation for the unauthorized attachments, and, within sixty (60) days from the date of such invoice, Licensee shall (i) pay the invoiced amount to Licensor and submit an Application for the unauthorized Equipment, or (ii) produce documentation showing Licensor’s prior approval of the Equipment identified in the invoice. If, in accordance with this Section, Licensee fails to pay all fees and submit the Application or submit documentation satisfactorily showing Licensor’s prior approval within sixty (60) days of Licensor’s invoice, Licensor may remove the unauthorized Equipment at Licensee’s expense. If Licensor removes such unauthorized Equipment, such Equipment shall become the property of Licensor, who shall have sole rights over such Equipment’s disposition. Licensor’s removal of unauthorized Equipment shall not release Licensee from its obligation to pay those invoiced fees accruing pursuant to this Section.
6.12 Termination of a Supplement.
6.12.1 Licensee shall have the right to terminate any Supplement on thirty (30) days’ notice to Licensor. In the event of such termination, removal of Equipment associated with - 11 -
the terminated Supplement shall be governed by Section 6.12 below and Licensor shall retain any License Fee paid, without refund or setoff.
6.12.2 Licensor shall have the right to terminate any Supplement in any of the following circumstances: if Licensor determines the covered Equipment has been inoperative, or abandoned, for sixty (60) consecutive days; if Licensee’s operation under a particular Supplement is deemed by Licensor to endanger or pose a threat to the public health, safety, or welfare or interfere with the normal day-to-day operation of any Licensor department or service; or Licensor is mandated by law, a court order or decision, or the federal, state, or local government to take certain actions that will cause or require the removal of an Equipment. Licensor shall provide written notice to Licensee regarding its intent to terminate the applicable Supplement pursuant to this Section, after which Licensee shall have thirty (30) days to cure. If Licensee does not cure within thirty (30) days following notice, Licensor may then terminate the applicable Supplement upon written notice to Licensee.
6.13 Removal of Equipment. Within thirty (30) days after the expiration or earlier termination of a Supplement, Licensee shall promptly, safely, and carefully remove the Equipment covered by the terminated or expired Supplement from the applicable Municipal Facility and ROW. Within thirty (30) days after the expiration or earlier termination of this Agreement, Licensee shall promptly, safely, and carefully remove all Equipment from all applicable Municipal Facilities and ROW. If Licensee fails to complete removal work pursuant to this Section, then the Licensor, upon written notice to Licensee, shall have the right at the Licensor’s sole election, but not the obligation, to perform this removal work and charge Licensee for the actual costs and expenses, including, without limitation, reasonable administrative costs. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee’s property after removal within thirty (30) days of the date of a written demand for this payment from the Licensor. After the Licensor receives the reimbursement payment from Licensee for the removal work performed by the Licensor, the Licensor shall promptly make available to Licensee the property belonging to Licensee and removed by the Licensor pursuant to this Section at no additional liability to the Licensor. If the Licensor does not receive reimbursement payment from Licensee within such thirty (30) days, or if Licensor does not elect to remove such items at the Licensor’s cost after Licensee’s failure to so remove pursuant to this Section, or if Licensee does not remove Licensee’s property within thirty (30) days of such property having been made available by the Licensor after Licensee’s payment of removal reimbursement as described above, any items of Licensee’s property remaining on or about the ROW, Municipal Facilities, or stored by the Licensor after the Licensor’s removal thereof may, at the Licensor’s option, be deemed abandoned and the Licensor may dispose of such property in any manner by allowed for by Law. Alternatively, the Licensor may elect to take title to the abandoned property, and Licensee shall submit to the Licensor an instrument satisfactory to the Licensor transferring to the Licensor the ownership of such property. The provisions of this Section shall survive the expiration or earlier termination of this Agreement.
6.14 Risk of Loss. Licensee acknowledges and agrees that Licensee, subject to the terms of this Agreement, bears all risks of loss, damage, relocation, or replacement of its Equipment and materials installed in the ROW or on Municipal Facilities pursuant to this Agreement from any cause, and Licensor shall not be liable for any cost of replacement or of repair to damaged Equipment, including, without limitation, damage caused by the Licensor’s removal of the - 12 -
Equipment, except to the extent that such loss or damage was caused by the willful misconduct or gross negligence of the Licensor, including, without limitation, each of its elected officials, department directors, managers, officers, agents, employees, and contractors, subject to the limitation of liability provided in Section 7.3 below.
6.15 Hazardous Substances. Licensee agrees that Licensee, its contractors, subcontractors, and agents, will not use, generate, store, produce, transport, or dispose any Hazardous Substance on, under, about or within the area of a ROW or Municipal Facility in violation of any Law. Except to the extent of the gross negligence or intentional misconduct of Licensor, Licensee will pay, indemnify, defend, and hold Licensor harmless against and to the extent of any loss or liability incurred by reason of any Hazardous Substance produced, disposed of, or used by Licensee pursuant to this Agreement. Licensee will ensure that any on-site or offsite storage, treatment, transportation, disposal or other handling of any Hazardous Substance will be performed by persons who are properly trained, authorized, licensed and otherwise permitted to perform those services.
6.16 Inspection. Licensor may conduct inspections of Equipment on Municipal Facilities. Except in circumstances where Licensor has special reason to be concerned about potential violations or in case of an emergency, Licensor will give Licensee thirty (30) days’ prior written notice of such inspections, and Licensee shall have the right to be present at and observe any such inspections. Licensee shall pay Licensor for its reasonable costs for safety inspections performed for the purpose of determining if a safety violation of which Licensor has provided notice to Licensee has been corrected by Licensee.
6.17 Access. Prior to Licensee accessing its Equipment for non-emergency purposes, Licensee shall provide email notice, at least twenty-four (24) hours in advance, to the Licensor at the following email address: [email protected]. In the event of an emergency at any time, Licensee will, if time permits, attempt to provide prior telephonic notice to the Licensor at the following telephone number: (657) 295-0919.
7. INDEMNIFICATION AND WAIVER. Licensee agrees to indemnify, defend, protect, and hold harmless the Licensor, its council members, officers, employees, agents and contractors from and against any and all claims, demands, losses, including pole warranty invalidation, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorney’s fees and costs of defense (collectively, the “Losses”) to the extent arising from, resulting from, or caused by Licensee’s activities undertaken pursuant to this Agreement, including, without limitation, the construction, design, use, or operation of the Equipment or provision of the Services, except to the extent arising from or caused by the gross negligence or willful misconduct of the Licensor, its council members, officers, employees, agents, or contractors.
7.1 Waiver of Claims. Licensee waives any and all claims, demands, causes of action, and rights it may assert against the Licensor on account of any loss, damage, or injury to any Equipment or any loss or degradation of the Services as a result of any event or occurrence which is beyond the control of the Licensor.
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7.2 Waiver of Subrogation. Licensee hereby waives and releases any and all rights of action for negligence against Licensor which may hereafter arise on account of damage to Equipment, Municipal Facilities, or to the ROW, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Licensee. This waiver and release shall apply between the parties and shall also apply to any claims under or through either party as a result of any asserted right of subrogation. All such policies of insurance obtained by Licensee concerning the Municipal Facilities, Equipment, or the ROW shall waive the insurer’s right of subrogation against the Licensor.
7.3 Limitation on Consequential Damages. Neither party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.
8. PERFORMANCE BOND. In order to secure the performance of its obligations under this Agreement, Licensee will provide the following security instrument to the Licensor:
8.1 Performance Bond.
(a) Prior to the commencement of any work under this Agreement, Licensee must provide a performance bond running to the Licensor in the sum of eighty thousand ($80,000) which shall cover all Supplements.
(b) The performance bond is conditioned upon the faithful performance by Licensee of all the terms and conditions of this Agreement and upon the further condition that, if Licensee fails to comply with any terms or conditions governing this Agreement, there shall be recoverable jointly and severally from the principal and surety of the bond any damage or loss suffered by the Licensor as a result, including, without limitation, the full amount of any compensation, indemnification, or costs of removal or abandonment of Licensee’s property, plus costs and reasonable attorneys’ fees up to the full amount of the performance bond. Licensee shall keep the performance bond in place during the term of this Agreement.
8.2 Assessment of the Bond. The performance bond may be assessed by the Licensor for any failure by Licensee to pay Licensor an amount owed under this Agreement, including, but not limited to:
(a) Reimbursement of costs borne by the Licensor to correct violations of the Agreement not corrected by Licensee, after Licensor provides notice and a reasonable opportunity to cure such violations. This shall include, without limitation, removal of Equipment. (b) Providing monetary remedies or satisfying damages assessed against Licensee due to a material breach of this Agreement.
8.3 Restoration of the Bond. Licensee must deposit a sum of money or a replacement instrument sufficient to restore the performance bond to its original amount within thirty (30) days after written notice from the Licensor that any amount has been recovered from the performance - 14 -
bond. Failure to restore the bond to its full amount within thirty (30) days will constitute a material breach of this Agreement. Licensee will be relieved of the foregoing requirement to replenish the bond during the pendency of an appeal from the Licensor’s decision to draw on the performance bond.
8.4 Required Endorsement. The performance bond is subject to the approval of the Licensor and must contain the following endorsement:
“This bond may not be canceled until sixty (60) days after receipt by the Licensor, by registered mail, return receipt requested, of a written notice of intent to cancel or not to renew.”
8.5 Reservation of Licensor Rights. The rights reserved by Licensor with respect to the performance bond are in addition to all other rights and remedies Licensor may have under this Agreement or any other Law.
8.6 Admitted Surety Insurer. The surety supplying the bond shall be an “admitted surety insurer”, as defined in California Code of Civil Procedure Section 995.120 and authorized to do business in the State of California.
8.7 Cash Deposit. In lieu of obtaining a performance bond, Licensee shall have the right to instead deposit a cash deposit with Licensor securing Licensee’s obligations under this Agreement.
9. INSURANCE. Licensee shall obtain and maintain at all times during the Term (a) Commercial General Liability insurance with a limit of One Million Dollars ($1,000,000.00) per occurrence for bodily injury and property damage and Two Million Dollars ($2,000,000.00) general aggregate including premises-operations, contractual liability, personal injury, and products completed operations; (b) Commercial Automobile Liability insurance covering all owned, non-owned, and hired vehicles with a limit of One Million Dollars ($1,000,000.00) each accident for bodily injury and property damage; and (c) Environmental Liability Insurance with a limit of One Million Dollars ($1,000,000.00) per each environmental condition, including coverage for sudden and accidental pollution arising out of handling hazardous materials or wastes, non-hazardous materials or waste, that, when released into the environment, violate Law . The required insurance policies by this section shall name the Licensor, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insured as respects any covered liability arising out of Licensee’s performance of work under this Agreement on the commercial general liability, auto, and environmental policies required. Coverage shall be in an occurrence (or claim for environmental liability) form and in accordance with the limits and provisions specified herein. For claims-made coverage, any policy inception date, or retroactive date must be before the effective date of this agreement, and the Consultant agrees to maintain continuous coverage through a period of no less than five years after completion of the services rendered by this agreement. Upon receipt of notice from its insurer, Licensee shall use its best efforts to provide the Licensor with thirty (30) days prior written notice of cancellation except for non-payment of premium. Licensee shall be responsible for notifying the Licensor of such change or cancellation. Licensee’s indemnity and other obligations shall not be limited by the foregoing insurance requirements. If Licensee fails, for any reason, to obtain or maintain insurance coverage - 15 -
required by this Agreement or fails to reasonably furnish certificates of insurance as detailed in Section 9.1, such failure shall be deemed a material breach of this Agreement, giving Licensor, in its discretion, the option to terminate this Agreement and obtain damages therefor.
9.1 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Agreement, Licensee shall file with the Licensor the required certificate(s) of insurance with blanket additional insured endorsements, which shall state the following:
(a) the policy number; name of insurance company; name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts;
(b) that Licensee’s Commercial General Liability insurance policy is primary as respects any other valid or collectible insurance that the Licensor may possess, including any self-insured retentions the Licensor may have; and any other insurance the Licensor does possess shall be considered excess insurance only and shall not be required to contribute with this insurance; and
(c) that Licensee’s Commercial General Liability insurance policy waives any right of recovery the insurance company may have against the Licensor.
The certificate(s) of insurance with endorsements and notices shall be mailed to the Licensor at the address specified in Section 10 below.
9.2 Workers’ Compensation Insurance. Licensee shall obtain and maintain at all times during the term of this Agreement statutory workers’ compensation and employer’s liability insurance in an amount not less than One Million Dollars ($1,000,000.00) and shall furnish the Licensor with a certificate showing proof of such coverage.
9.3 Insurer Criteria. Any insurance provider of Licensee shall be admitted and authorized to do business in the State of California and shall carry a minimum rating assigned by A.M. Best & Company’s Key Rating Guide of “A-” Overall and a Financial Size Category of “VII.”
9.4 Severability of Interest. “Severability of interest” or “separation of insureds” clauses shall be made a part of the Commercial General Liability and Commercial Automobile Liability policies.
10. NOTICES.
10.1 Method and Delivery of Notices. All notices pursuant to this Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; or (b) by means of prepaid overnight delivery service, addressed as follows:
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If to the Licensor: City of Stanton
7800 Katella Ave.
Stanton, CA 90680
Attn: Public Works Director/City Engineer
Email:[email protected]
If to Licensee:
Crown Castle Fiber LLC
Attn: General Counsel
2000 Corporate Drive
Canonsburg, PA 15317
With a copy to:
Crown Castle Fiber LLC
Attn: SCN Contracts Management
2000 Corporate Drive
Canonsburg, PA 15317
10.2 Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in the case of personal delivery, three days after deposit in the mail, or the next business day in the case of overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth in this Section.
11. DEFAULT; CURE; REMEDIES.
11.1 Licensee Default and Notification. This Agreement is granted upon each and every condition herein, and each of the conditions is a material and essential condition to the granting of this Agreement. Except for causes beyond the reasonable control of Licensee, if Licensee fails to comply with any of the conditions and obligations imposed hereunder, and if such failure continues for more than thirty (30) days after written demand from the Licensor to commence the correction of such noncompliance on the part of Licensee, the Licensor shall have the right to revoke and terminate this Agreement by written notice to Licensee, if such failure is in relation to the Agreement as whole, or any individual Supplement, if such failure is in connection solely with such Supplement, in addition to any other rights or remedies set forth in this Agreement or provided by law.
11.2 Cure Period. If the nature of the violation is such that it cannot be fully cured within thirty (30) days due to circumstances not under Licensee’s control, the period of time in which Licensee must cure the violation shall be extended for such additional time reasonably necessary to complete the cure, provided that: (a) Licensee has promptly begun to cure; (b) Licensee is diligently pursuing its efforts to cure; and (c) Licensee provides a timeline to complete its cure efforts and responds within twenty-four (24) hours of any status request by Licensor. - 17 -
Licensor may not maintain any action or effect any remedies for default against Licensee, unless and until Licensee has failed to cure the breach within the time periods provided in these Sections
11.1 and 11.2.
11.3 Licensor Default. If Licensor breaches any covenant or obligation of Licensor under this Agreement in any manner, and if Licensor fails to commence to cure such breach within thirty (30) days after receiving written notice from Licensee specifying the violation (or if Licensor fails thereafter to diligently prosecute the cure to completion), then Licensee may enforce any and all of its rights and/or remedies provided under this Agreement or by Law.
12. ASSIGNMENT AND CUSTOMER EQUIPMENT. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of the parties.
12.1 Licensee shall not assign this Agreement or its rights or obligations to any firm, corporation, individual, or other entity, without the prior written consent of the Licensor, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, upon thirty (30) days’ prior written notice, Licensee may assign or transfer the rights and privileges granted herein to any parent or subsidiary of Licensee, to an entity with or into which Licensee may merge or consolidate, to an entity which Licensee is controlled by, or is under common control of a party; or in connection with the sale or other transfer of such entity or to any purchaser of all or substantially all of Licensee’s assets in the FCC market area where the Equipment is located with prior notice to Licensor but without the requirement for Licensor approval, provided that the successor is bound by all the terms and conditions of this Agreement and provides written confirmation to Licensor that it is then fully liable to the Licensor for compliance with all terms and conditions of this Agreement. The Licensee shall reimburse the Licensor for all direct and indirect costs and expenses reasonably incurred by the Licensor in considering a request to transfer or assign this Agreement
12.2 Licensee need not own all components of Equipment subject to this Agreement, and may permit its customers to maintain ownership of Equipment components. However, (1) all Equipment must be wholly under the control and management of Licensee; and Licensee shall be liable for all acts or omissions, and all harms associated with the Equipment whether the same are its acts or omissions, or the acts or omissions of the owner of the Equipment; and (2) Licensee acknowledges and agrees that no rights of ownership in Equipment by Licensee’s customers shall permit any such customer to enter upon, or the any portion of the Municipal Facilities or the Equipment, in any other manner or at any other place, including to add to, or modify or install Equipment, which shall be Licensee’s sole responsibility. Further, Licensee may not install Equipment it does not own on Municipal Facilities, unless the entity on whose behalf the Equipment has been installed acknowledges and agrees, in a form acceptable to the Licensor, that the Licensor has not granted it a consent to be in the ROW for any purpose; that it is bound by Licensee’s representations, obligations and duties hereunder; that it shall have no rights or claims against the Licensor of any sort related to the Equipment or Municipal Facilities; that its Equipment may be subject to taxes, fees or assessments as provided in the Laws or the Agreement, and that Licensor may treat any Equipment owned by such entity as if it were owned by Licensee for all purposes (including, but not limited to, removal and relocation); and the Equipment may only be used for the purposes and uses permitted herein. Such acknowledgement may be provided for all Equipment on Municipal Facilities, and need not be provided separately, site by site. - 18 -
13. RECORDS; AUDITS.
13.1 Records Required by Code. Licensee will maintain complete records pursuant to all applicable Laws.
13.2 Additional Records. The Licensor may require such additional reasonable nonconfidential information, records, and documents from Licensee from time to time as are appropriate to reasonably monitor compliance with the terms of this Agreement.
13.3 Production of Records. Licensee shall provide such records within twenty (20) business days of a request by the Licensor for production of the same, unless additional time is reasonably needed by Licensee, in which case, Licensee shall have such reasonable time as needed for the production of the same. If any person other than Licensee maintains records on Licensee’s behalf, Licensee shall be responsible for making such records available to the Licensor for auditing purposes pursuant to this Section.
13.4 Public Records. Licensee acknowledges that information submitted to Licensor may be open to public inspection and copying under the Law.
14. MISCELLANEOUS PROVISIONS. The provisions that follow shall apply generally to the obligations of the parties under this Agreement.
14.1 Waiver of Breach. The waiver by either party of any breach or violation of any provision of this Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Agreement.
14.2 Severability of Provisions. If any one or more of the provisions of this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision(s) shall be deemed severable from the remaining provisions of this Agreement and shall not affect the legality, validity, or constitutionality of the remaining portions of this Agreement. Each party hereby declares that it would have entered into this Agreement and each provision hereof regardless of whether any one or more provisions may be declared illegal, invalid, or unconstitutional.
14.3 Contacting Licensee. Licensee shall be available to the staff employees of any Licensor department having jurisdiction over Licensee’s activities twenty-four (24) hours a day, seven days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Equipment. The Licensor may contact by telephone the Licensee’s network control center operator at telephone number 888-632-0931.
14.4 Governing Law; Jurisdiction. This Agreement shall be governed and construed by and in accordance with the laws of the State of California, without reference to its conflicts of law principles. If suit is brought by a party to this Agreement, the parties agree that trial of such action shall be vested exclusively in the state or federal courts in Orange County, California.
14.5 Force Majeure. Except for payment of amounts due, neither Party shall have any liability for its delays or its failure of performance due to: fire, explosion, pest damage, power failures, strikes or labor disputes, acts of God, the elements, war, civil disturbances, acts of civil - 19 -
or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, or other causes reasonably beyond its control, whether or not similar to the foregoing.
14.6 Attorneys’ Fees. Should any dispute arising out of this Agreement lead to litigation, the prevailing party shall be entitled to recover its costs of suit, including (without limitation) reasonable attorneys’ fees.
14.7 “AS IS” condition of Municipal Facilities. Municipal Facilities licensed to Licensee pursuant to this Agreement are licensed to and accepted by Licensee “as is” and with all faults. The Licensor makes no representation or warranty of any kind as to the present or future condition of or suitability of the Municipal Facilities for Licensee’s use and disclaims any and all warranties express or implied with respect to the physical, structural, or environmental condition of the Municipal Facilities and their merchantability or fitness for a particular purpose. Licensee is solely responsible for investigation and determination of the condition and suitability of any Municipal Facility for Licensee’s intended use.
14.8 Representations and Warranties. Each of the parties to this Agreement represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform the party’s respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith, except as provided in Section 4.2 above. This Agreement shall not be revocable or terminable except as expressly permitted herein.
14.9 Amendment of Agreement. This Agreement may not be amended except pursuant to a written instrument signed by both parties.
14.10 Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein. In witness whereof, and in order to bind themselves legally to the terms and conditions of this Agreement, the duly authorized representatives of the parties have executed this Agreement as of the Effective Date.
14.11 Non-Exclusive Remedies. No provision in this Agreement made for the purpose of securing enforcement of the terms and conditions of this Agreement shall be deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and conditions, but the remedies herein provided are deemed to be cumulative.
14.12 No Third-Party Beneficiaries. It is not intended by any of the provisions of this Agreement to create for the public, or any member thereof, a third-party beneficiary right or remedy, or to authorize anyone to maintain a suit for personal injuries or property damage pursuant to the provisions of this Agreement. The duties, obligations, and responsibilities of the Licensor with respect to third parties shall remain as imposed by state law.
14.13 Construction of Agreement. The terms and provisions of this Agreement shall not be construed strictly in favor of or against either party, regardless of which party drafted any - 20 -
of its provisions. This Agreement shall be construed in accordance with the fair meaning of its terms.
14.14 Effect of Acceptance. Licensee (a) accepts and agrees to comply with this Agreement and all Laws; (b) agrees that this Agreement was entered into pursuant to processes and procedures consistent with Law; and (c) agrees that it will not raise any claim to the contrary or allege in any claim or proceeding against the Licensor that at the time of acceptance of this Agreement any provision, condition or term of this Agreement was unreasonable or arbitrary, or that at the time of the acceptance of this Agreement any such provision, condition or term was void or unlawful or that the Licensor had no power or authority to make or enforce any such provision, condition, or term.
14.15 Time is of the Essence. Time is of the essence with regard to the performance of all of Licensee’s obligations under this Agreement.
14.16 Taxes. Licensee shall be responsible for payment of all fees and taxes charged in connection with the right, title, and interest in and construction, installation, maintenance, and operation of Equipment for the purposes set forth herein.
14.17 Tax Notice. Licensor hereby provides notice pursuant to California Revenue and Taxation Code Section 107.6, and Licensee acknowledges, that this Agreement may create a possessory interest and Licensee may be subject to property taxes levied on such interest, as described in California Revenue and Taxation Code Section 107.6. Licensee shall pay directly to the appropriate authority, when due, all real and personal property taxes, fees, and assessments, assessed against the area licensed and the Equipment.
14.18 Counterparts. This Agreement (and any Supplement) may be executed in multiple counterparts, including by electronic means, each of which shall be deemed an original, and all such counterparts once assembled together shall constituted one integrated instrument. [signature page to follow]
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SIGNATURE PAGE TO MUNICIPAL FACILITY LICENSE AGREEMENT
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be legally executed as of the Effective Date.
Licensor:
CITY OF STANTON
By: _______________________________________
Name: ____________________________________
Title: _____________________________________
ATTEST:
__________________________
_____________, Clerk
APPROVED AS TO FORM
CITY ATTORNEY’S OFFICE
BY: ______________________
City Attorney
Licensee:
CROWN CASTLE FIBER LLC
By: _______________________________________
Name: ___________________________________
Title: _____________________________________
Exhibits:
Exhibit A – Supplement
Exhibit B – Application
Exhibit C – Design Standards
A-1
EXHIBIT A
FORM OF SUPPLEMENT
SUPPLEMENT
This Supplement (“Supplement”), is approved by Licensor this _____ day of ____________, 20____ (the date executed by all parties, referred herein as “Supplement Effective Date”).
1. Supplement. Licensee has submitted an application for approval to use a Municipal Facility pursuant to that certain Municipal Facility License Agreement between Licensor, __________, and Licensee, ________, dated ______________, 20__ (“Agreement”). Licensor has reviewed the Application to Use Municipal Facility and grants approval subject to the terms of this Supplement. All of the terms and conditions of the Agreement are incorporated hereby by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification, or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. IF THE SUPPLEMENT IS NOT COUNTER-SIGNED BY LICENSEE AND RETURNED TO LICENSOR WITHIN 30 DAYS AFTER LICENSOR HAS GRANTED APPROVAL, THE SUPPLEMENT SHALL BE VOID AND OF NO LEGAL EFFECT. IF
LICENSEE STILL WANTS TO USE THE MUNICIPAL FACILITY, LICENSEE WILL BE REQUIRED TO SUBMIT A NEW APPLICATION AND ASSOCIATED FEES.
2. Licensed Area Description and Location. Licensee shall have the right to use the space on the specific Municipal Facility (the “Licensed Area”) depicted in Attachment 1 attached hereto to install Equipment as further listed in Attachment 2 attached hereto.
3. Equipment. The Equipment to be installed at the Licensed Area is described in Attachment 2 and depicted in Attachment 1.
4. Term. The term of this Supplement shall commence on the Supplement Effective Date and continue for in the Term of the Agreement.
5. License Fee. The initial License Fee for this Supplement shall be as follows per year:
_____________________________. License Fee is subject to annual increase and is payable in accordance with Section 5 of the Agreement.
6. Performance Bond. The amount of the Performance Bond shall be _________.
7. Miscellaneous.____________________________________________________. [signature page follows]
A-2
IN WITNESS THEREOF, the parties hereto have caused this Supplement to be legally executed in duplicate, effective upon execution by both parties.
Licensor:
CITY OF STANTON
By:_______________________________________
Name: ____________________________________
Title: _____________________________________
Date: _____________________________________
Licensee:
Accepted:
___________________________________
By:_______________________________________
Name: ____________________________________
Title: _____________________________________
Date: _____________________________________
Attachments:
Attachment 1 – Licensed Area
Attachment 2 – Equipment List and Description
A-3
Attachment 1
Licensed Area
[site plan showing licensed area of applicable Municipal Facility and showing proposed Equipment installation]
A-4
Attachment 2
Equipment List and Description
B-1
EXHIBIT B
APPLICATION TO USE MUNICIPAL FACILITY
Applicant: ___________________________Date: ______________________________ Licensee:____________________________Application/License#:__________________ Type of
Municipal
Facility
Alteration
Required
Small Cell Equipment
Heights (provide both (1)
the overall height of pole
structure with added
facilities; and (2) the height
of individual facilities)
Small Cell
and Base
Equipment
Weights
Small Cell
And Base
Equipment
Dimensions
Location of Any
Additional Equipment
[street light]
[traffic light]
[other, specify]
[Pole
Reinforceme
nt]
[Pole
Replacemen
t]
[None]
[Installed on Pole, specify
attachment height, weight
and dimensions]
[Installed on/in Ground
(Vault), specific
dimensions]
[Other Location]
[Not Applicable/Needed]
APPLICANT SHALL PROVIDE THE FOLLOWING AS APPLICABLE:
• Site plan and engineering design and specifications for installation of Equipment, including the location of radios, antenna facilities, transmitters, equipment shelters, cables, conduit, point of demarcation, backhaul solution, electrical distribution panel, electric meter, and electrical conduit and cabling. Where applicable, the design documents should include specifications on design, pole modification, and ADA compliance. Also indicate whether [unmetered electricity] is available at the site.
• Include a load bearing study that determines whether the pole requires reinforcement or replacement in order to accommodate attachment of proposed Equipment. • If the proposed installation will require reinforcement or replacement of an existing pole, provide applicable design and specification drawings.
• The number, size, type, and proximity to the facilities of all communications conduit(s) and cables to be installed.
• Description of the utility services required to support the facilities to be installed. • List of the contractors and subcontractors, and their contact information, authorized to work on the project.
• A check for _________ ($_________) for the Application Fee.
APPLICANT REPRESENTATIVE: ______________________________ B-2
PRINT NAME: _____________________________________________ TITLE: ___________________________________________________ TELEPHONE: ____________________ EMAIL: _____________________________
CITY OF STANTON
REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: April 11, 2023
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA APPROVING SUBDIVISION PARCEL MAP NO. 2017-160 REPORT IN BRIEF:
The subdivision parcel map for the development of two (2) single-family residential dwelling units for condominium purposes for the property located at 10572 Lexington Street has been submitted by the developer for final certification and recordation.
RECOMMENDED ACTION:
1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 32, and Section 15332 (In-Fill Development); and
2. Adopt Resolution No. 2023-06 approving final Parcel Map No. 2017-160, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, APPROVING SUBDIVISION PARCEL MAP NO. 2017-160 FOR THE PROPERTY LOCATED AT 10572 LEXINGTON AVENUE”; and
3. Find that the recordation of Parcel Map No. 2017-160 will not be in violation of any of the provisions of Section 66474, 66474.1, and 66474.2 of the Subdivision Map Act; and
4. Find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of the Government Code, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of the Government Code; and
5. Authorize the Mayor to execute the Subdivision Improvement Agreement for Parcel Map No. 2017-160; and
6. Direct the City Engineer to review and approve any further technical edits necessary to allow for County Surveyor approval and for recordation of the map with the County Recorder of Orange County, and if edits are necessary, to require a revised Parcel Map; and
Item: 6H
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7. Direct the City Clerk to endorse on the face of the map of the Parcel Map, the certificate which embodies the approval of said map, and submit the map to the County Recorder of Orange County for recording.
BACKGROUND:
On August 19, 2020, the Planning Commission of the City of Stanton adopted Site Plan and Design Review SPDR-802, and Tentative Parcel Map No. TM19-03, for development of two single-family detached dwelling units for condominium purposes for the property located at 10752 Lexington Street.
As a condition of approval of the project, a final tract map must be completed, reviewed, and approved by the City Council. The final map has been reviewed and found to be in compliance with the City’s general plan and zoning land use designations. The Parcel Map must be recorded prior to the sale of any unit.
ANALYSIS AND JUSTIFICATION:
Recording of the final parcel map is required per Section 66426 of the Subdivision Map Act. The City Engineer has reviewed the subdivision Parcel Map No. 2017-160 and all associated documentation, and he is satisfied that the final tract map substantially complies with Site Plan and Design Review SPDR-802.
Orange County Public Works has also reviewed Parcel Map No. 2017-160 and has certified to the technical correctness of the Map and its compliance with the provisions of the Subdivision Map Act.
FISCAL IMPACT:
None.
ENVIRONMENTAL IMPACT:
In accordance with the requirements of the California Environmental Quality Act (CEQA), this project has been determined to be categorically exempt under Section 15332, Class 32 (In-Fill Development).
PUBLIC NOTIFICATION:
Public notification provided through the regular agenda process.
LEGAL REVIEW:
None.
STRATEGIC PLAN OBJECTIVE:
Obj. No. 5: Provide a high quality of life.
Prepared by: Han Sol Yoo, E.I.T, Associate Engineer
Reviewed by: Cesar Rangel, Director of Public Works/City Engineer Approved by: Hannah Shin-Heydorn, City Manager
Attachments:
A. Resolution No. 2023-06
B. Final Parcel Map No. 2017-160
C. Subdivision Improvement Agreement for Parcel Map No. 2017-160 RESOLUTION NO. 2023-06
RESOLUTION NO. 2023-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, APPROVING SUBDIVISION PARCEL MAP NO. 2017-160 FOR THE PROPERTY LOCATED AT 10572 LEXINGTON STREET
WHEREAS, on August 19, 2020, the Planning Commission of the City of Stanton adopted Site Plan and Design Review SPDR-802, and Tentative Parcel Map, TM 19-03, for development of two (2) single-family residential dwelling units for condominium purposes for the property located at 10572 Lexington Street; and WHEREAS, all necessary documentation associated with this subdivision have been reviewed by the City Engineer; and
WHEREAS, the final map is substantially in compliance with the previously approved Tentative Parcel Map,TM 19-03; and
WHEREAS, the City Council has made the finding that none of the conditions for mandatory denial exist relative to the proposed subdivision, in accordance with Section 66474, 66474.1 and 66474.2 of the Subdivision Map Act; and WHEREAS, the City Council finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of the Government Code, or any specific plan adopted pursuant to Article 8 (commencing with Section) 65450) of Chapter 3 of Division 1 of the Government Code; and WHEREAS, the City Council finds that final Parcel Map No. 2017-160 satisfies the provisions of the Subdivision Map Act, Stanton Municipal Code and the Conditions of Approval.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Stanton, California, hereby approves final Parcel Map No. 2017-160.
ADOPTED, SIGNED AND APPROVED this 11th day of April, 2023.
DAVID J. SHAWVER, MAYOR
Attachment: A
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RESOLUTION NO. 2023-06
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-06 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 11, 2023, and that the same was adopted, signed and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICIA A. VAZQUEZ, CITY CLERK
PARCEL MAP NO. 2017-160
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Attachment: B
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PARCEL MAP NO. 2017-160 GRAPHIC SCALE 1 inch = ft. ( IN FEET ) 30 LICENSED SURVEYOR'S MAP R. S. B. 2 / 53 4 3 2 1 29TO31 48TO46 32 45 33 44 42 R. S. B. 2 / 53 38 43 PARCEL 1 PM 2016-101, P.M.B. 390/7-9 TRACT NO. 17452 M.M. 919/44-46 34 PARCEL MAP NO. 2017-160 GRAPHIC SCALE 1 inch = ft. ( IN FEET ) 30 LICENSED SURVEYOR'S MAP R. S. B. 2 / 53 4 3 2 1 29TO31 48TO46 32 45 33 44 42 PM NO. 2016-101 P.M.B. 390 / 7-9 PARCEL 1
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
ATTN: City Clerk
(Exempt from Filing Fees - Govt Code § 27383)
SPACE ABOVE THIS LINE FOR RECORDER’S USE
SUBDIVISION IMPROVEMENT AGREEMENT
FORCOMPLETIONOFPUBLICIMPROVEMENTS
PARCEL MAP NO.[2017-160]
between
THECITYOF STANTON
a Californiamunicipal corporation
and
NOPDANGMAC
AMACPROPERTY INVESTMENTS, LLC
Exhibit A BBK: December 2022
Attachment: C
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SUBDIVISION IMPROVEMENT AGREEMENT
FORCOMPLETIONOFPUBLICIMPROVEMENTS
PARCELMAPNO.[2017-160]
This Subdivision Improvement Agreement for the Completion of Public Improvements (“Agreement”), effective , 20 , is between the City of Stanton, a California municipal corporation (“City”) and NOP DANG MAC, an [x] individual, with its principal office located at 10572 LEXINGTON ST, STANTON, CA 90680 (“Developer”). City and Developer are sometimes individually referred to as “Party” and collectively as the “Parties.” RECITALS.
A. On , 20 , Developer submitted to City an application for approval of a tentative parcel map for real property located within City, a legal description of which is attached hereto as Exhibit A (“Property”). The tentative parcel map was prepared on behalf of Developer by , and is identified in City
records as PARCEL MAP NO. [2017-160] (“PARCEL MAP NO. [2017-160]”).
B. Developer’s application for a tentative parcel map for PARCEL MAP NO. [2017-160] was deemed complete on , . On the day of
, 20 , the Stanton City Council conditionally approved Developer’s application for a tentative parcel map for PARCEL MAP NO. [2017-160].
C. Developer is the owner of the Property, and Developer proposes to do and perform certain work of improvement thereon as set forth in this Agreement.
D. Developer has not completed all of the work or made all of the public improvements required by Chapter 19 of the Stanton Municipal Code, the Subdivision Map Act (Government Code sections 66410, et seq.) (“Map Act”), the conditions of approval for PARCEL MAP NO. [2017-160], or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.
E. In accordance with Chapter 19 of the Stanton Municipal Code and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for PARCEL MAP NO. [2017-160].
F. Developer’s execution of this Agreement and the provision of the security are made in consideration of City’s approval of the final map for PARCEL MAP NO. [2017-160]. 3 BBK: December 2022
TERMS AND CONDITIONS
1. Effectiveness. This Agreement taking effect is a necessary condition that must be satisfied before the final map for PARCEL MAP NO. [2017-160] may be recorded. This Agreement only takes effect when each of the following conditions is satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the Recorder’s Office of the County of Orange; (c) the City Council of the City of Stanton (“City Council”) approves the final map for PARCEL MAP NO. [2017-160]; and (d) Developer has satisfied all other conditions of the tentative map for PARCEL MAP NO. [2017-160].
2. Definitions. For purposes of interpreting and enforcing this Agreement, the term “City” includes, but is not be limited to, the City Council, City Engineer, Director of Community Development, Building Official, and any of their authorized representatives. City has absolute discretion to determine which public body, public official or public employee may act on behalf of City for any particular purpose.
3. Public Improvements.
3.1 Scope and Cost.
(A) Developer will construct or cause to be constructed at its own cost, expense, and liability all improvements required by City as part of the approval of PARCEL MAP NO. [2017-160], including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications that have been prepared by or on behalf of Developer for Parcel Map No. [2017-160] (“Public Improvements”). The Public Improvements are more specifically described in Exhibit B, which is attached hereto and incorporated herein by this reference. (B) Construction of the Public Improvements includes all transitions and other incidental work deemed by City to be necessary for drainage or public safety.
(C) Developer is responsible for the replacement, relocation, or removal of any component of any utility system or public improvement that is in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal must be performed to the complete satisfaction of the City Engineer and the owner of such utility system or public improvement.
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(D) Developer will provide all equipment, tools, materials, labor, tests, design work, and engineering services that are required by City to complete the Public Improvements.
3.2 Prior Partial Construction of Public Improvements. If any Public Improvement has been partially completed prior to the execution of this Agreement, Developer will complete the Public Improvement and all others or assure their completion in accordance with this Agreement.
3.3 Permits; Notices; Utility Statements. Before commencing any work, Developer must, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer’s obligations under this Agreement. Developer will conduct the work in full compliance with the regulations, rules, and other requirements contained in each permit or license issued to Developer.
3.4 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans, specifications, estimates, and bonds for such Public Improvement have been submitted to and approved by the City Engineer and the City Attorney or their authorized designees.
Approval by the City Engineer does not relieve Developer from ensuring that all Public Improvements conform to all other requirements and standards set forth in this Agreement.
3.5 Quality of Work; Compliance with Laws and Codes. The construction plans and specifications for the Public Improvements must be prepared in accordance with all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements must be completed in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as with all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable when the work is actually commenced.
3.6 Standard of Performance. Developer and its contractors, if any, will perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and warrants that it or its contractors is skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors have sufficient skill and experience to perform the work assigned to them and that they have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and 5 BBK: December 2022
that such licenses, permits, qualifications and approvals are and will be be maintained throughout the term of this Agreement.
3.7 Alterations to Improvements. The Public Improvements in Exhibit B are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work must be done and improvements made and completed as shown on approved plans and specifications and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer will undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.
3.8 Superintendence by Developer.
(A) Developer will require each contractor and subcontractor to have a competent foreperson on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing work on the Public Improvements. Before starting work on the Public Improvements, each contractor and subcontractor must submit in writing the name of the proposed foreperson. Each foreperson must be present at the work site at all times that any work is in progress and at any time that any employee of the contractor or subcontractor is present at the work site. Should a contractor or subcontractor desire to change its foreperson, it must provide the information specified to City.
(B) Developer will, at all times, enforce strict discipline and good order among its employees and those of its subcontractors and will not employ any unfit person or anyone not skilled in the assigned task. If any person employed by a contractor or subcontractor fails or refuses to carry out the directions of City or appears to City, in its sole and absolute discretion, to be incompetent or to act in a disorderly or improper manner, such person must be removed from the project immediately upon request by City, and such person may not again be employed on the work. Such removal may not be the basis for any claim of compensation or damage against City. (C) In addition, Developer will maintain an office with a telephone, and Developer or a person authorized to make decisions and to act on Developer’s behalf in Developer’s absence will be available to be on the job within three hours of being called at such office by City, during the hours of 9:00 a.m. through 5:00 p.m., Monday through Friday, or any other 6 BBK: December 2022
day or time when work is being performed on the Public Improvements.
Developer will also provide City with a telephone number at which Developer, or its representative, will be available 24 hours a day in the event of an emergency.
4. Maintenance of Public Improvements and Landscaping.
4.1 City is not responsible or liable for the maintenance, condition, or care of the Public Improvements until City approves and accepts them. City will exercise no control over the Public Improvements until accepted.
4.2 Any use by any person of the Public Improvements, or any portion thereof, is at the sole and exclusive risk of Developer at all times prior to City’s acceptance of the Public Improvements.
4.3 Developer will maintain all the Public Improvements in a state of good repair until:
they are completed by Developer; approved and accepted by City; and the security for the performance of this Agreement is released.
4.4 Maintenance includes, but is not limited to,
(A) repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers;
(B) maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City;
(C) removal of debris from sewers and storm drains; and (D) sweeping, repairing, and maintaining in good and safe condition all streets and street improvements.
4.5 Developer will cause the sweeping of streets to occur weekly at a minimum.
Developer will perform additional street sweeping work as necessary depending on construction activities or as required by, and at the direction of, the City Engineer.
4.6 It is Developer’s responsibility to initiate all maintenance work, but if it fails to do so, it will promptly perform such maintenance work when notified to do so by City.
4.7 If Developer fails to properly prosecute its maintenance obligation under this Agreement, City may do all work necessary for such maintenance and the cost thereof is the responsibility of Developer and its surety under this Agreement. City is not responsible or liable for any damages or injury of any nature in any way 7 BBK: December 2022
related to or caused by the Public Improvements or their condition prior to acceptance.
5. Construction Schedule.
5.1 Strict Timeline.
(A) Unless the time for performance is extended in accordance with this section of this Agreement, Developer will complete or have completed the Public Improvements in accordance with the schedule and timeline required by the conditions of approval to PARCEL MAP NO. [2017-160].
(B) At least 15 days before commencing such work, Developer will notify the City Engineer in writing of the date fixed by Developer for commencement of the work.
5.2 Extensions.
(A) City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. (B) It is understood that by providing the security required under section 14 below, Developer and its surety consent in advance to any extension of time that may be given by City to Developer and each waive all right to notice of such extension.
(C) Developer’s acceptance of an extension of time granted by City constitutes a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder.
(D) In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City’s reasonable discretion.
5.3 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof does not accrue until Developer has provided the City Engineer with written notice of Developer’s intent to abandon or otherwise not complete required or agreed upon Public Improvements. 8 BBK: December 2022
6. Grading.
6.1 All grading done or to be done in conjunction with construction of the Public Improvements or development of PARCEL MAP NO. [2017-160] must conform to all federal, state, and local laws, ordinances, regulations, and other requirements including, without limitation, City’s grading regulations, the National Pollutant Discharge Elimination Systems (NPDES), and stormwater regulations thereunder as administered by the State Water Resources Control Board and Regional Water Quality Control Boards.
6.2 In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading must be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement and prior to City’s approval and acceptance of the Public Improvements and release of the Security asset forth in section 14 below. For clarity, the indemnification obligations in section 17 below extend to and include all grading under this Agreement, including but not limited to, all partial and rough grading work.
7. Utilities. Developer will provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within PARCEL MAP NO. [2017-160] in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer will also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City’s jurisdictional limits. All utilities must be installed underground, unless otherwise approved by the City Council or the Planning Commission of the City of Stanton, or by any other state or federal laws or regulations.
8. Fees and Charges. Developer will , at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, report review, engineering, inspection, testing, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to PARCEL MAP NO. [2017-160].
9. City Inspection of Public Improvements. Developer will, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur.
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10. Default; Notice; Remedies.
10.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand on Developer or its surety, or both, to immediately remedy the default or violation (“Notice”).
10.2 Commencement of Remedy. Developer will substantially commence the work required to remedy the default or violation within ten days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer will substantially commence the required work within 24 hours thereof. Immediately upon City’s issuance of the Notice, Developer and its surety are liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in section 11 below.
10.3 Failure to Remedy; City Action.
(A) If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, or conduct such remedial activity as in itssole and absolute discretion it believes is required to remedy the default or violation.
(B) All such work or remedial activity is at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety.
(C) City’s right to take such actions is in no way limited by the fact that Developer or its surety might have constructed any or none of the required or agreed upon Public Improvements at the time of City’s demand for performance.
(D) If City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.
10.4 Other Remedies. No action taken by City under this section 10 prevents City from exercising any other right or pursuing any other legal or equitable remedy available to City under this Agreement or any federal, state, or local law. City may exercise 10 BBK: December 2022
its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. By way of example, City may institute an action for damages, injunctive relief, or specific performance.
11. Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety are jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
12. Acceptance of Improvements; As-Built or Record Drawings.
12.1 Acceptance.
(A) If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council may accept the Public Improvements. (B) Issuance by City of occupancy permits for any buildings or structures located on the Property does not constitute City acceptance or approval of any Public Improvement.
(C) The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements before all of the Public Improvements are completed, but early acceptance of a fully completed portion does not release or modify Developer’s obligation to complete the remainder of the Public Improvements within the time required by this Agreement.
(D) Notwithstanding paragraph 12.1(C) above, if PARCEL MAP NO. [2017- 160] was approved and recorded as a single-phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City.
(E) Upon the total or partial acceptance of the Public Improvements by City, Developer will file with the Recorder’s Office of the County of Orange, a notice of completion for the accepted Public Improvements, at which time the accepted Public Improvements become the sole and exclusive property of City without payment therefor.
12.2 As-Built Drawings. Notwithstanding the foregoing, City may not accept any Public Improvement until Developer provides one set of “as-built” or record 11 BBK: December 2022
drawings or plans to the City Engineer for all such Public Improvements. The drawings must be certified and must reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
13. Reserved.
14. Security; Surety Bonds. Prior to execution of this Agreement, Developer will provide City with surety bonds in the amounts and under the terms set forth below (“Security”).
Developer may submit Security in a form other than bonds as allowed under California Government Code Section 66499 et seq. and Chapter 19 of the Stanton Municipal Code, which alternative Security may be accepted or rejected by the City Council in its sole and absolute discretion. The amount of the Security must be based on the City Engineer’s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping (“Estimated Costs”). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer will adjust the Security in the amount requested by City. Developer’s compliance with this section 14 in no way limits or modifies Developer’sindemnification obligations undersection 17 below.
14.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in section 10 above, and to secure Developer’s one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer will provide to City a faithful performance bond in the amount of $10,163.00, which sum may be not less than 100 percent of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, as provided under section 14 above, provided that Developer is not in default on any provision of this Agreement or condition of approval for PARCEL MAP NO. [2017-160], and the total remaining security is not less than 25 percent of the Estimated Costs. All security provided under this section will be released at the end of the Warranty period, or any extension thereof as provided in section 14.3 below, provided that Developer is not in default on any provision of this Agreement or condition of approval for PARCEL MAP NO. [2017-160].
14.2 Labor and Material Bond. To secure payment to the contractors, subcontractors, laborers, material suppliers, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer will provide City a labor and materials bond in the amount of $5,081.50, which sum may not be less than 50 percent of the Estimated Costs. The security provided under this section may be released by written authorization of the City 12 BBK: December 2022
Engineer after one year or within the time limits established in California Government Code section 66499.7 from the date that City accepts the final Public Improvements at the discretion of City. The amount of the security that is released must be reduced by the total of all stop notice or mechanic’s lien claims of which City is aware, plus an amount equal to 20 percent of such claims for reimbursement of City’s anticipated administrative and legal expenses arising out of such claims.
14.3 Guarantee and Warranty Bond.
(A) Developer hereby guarantees and warrants all Public Improvements against any defective work or labor done or defective materials furnished in the performance of this Agreement, including the maintenance of all public landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one year following completion of the work and acceptance by City (“Warranty”). During the Warranty, Developer will repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty are at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvement that is repaired, replaced, or reconstructed during the Warranty, Developer and its surety extend the Warranty for an additional one-year period following City’s acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein relieves Developer from any other liability that it might have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this Section survives the expiration or termination of this Agreement.
(B) Prior to execution of this Agreement, Developer will provide City with an irrevocable guarantee and warranty bond or cash deposit in the amount of $5,081.50, and warrant the Work, for a period of one year following its completion and acceptance, against any defective work or labor done or defective materials furnished, as required by California Government Code section 66499.3, subdivision (d). Any unused portion of the guarantee and warranty security will be released one year after acceptance of the required improvements by the City Council.
14.4 Additional Requirements. The surety for any surety bonds provided as Security must have a current A.M. Best’s rating of no less than A:VIII and be authorized to 13 BBK: December 2022
do business in the State of California and otherwise be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer or its surety will secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its surety must each stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements in any way affects its obligation on the Security.
14.5 Evidence and Incorporation of Security. Evidence of the Security must be provided on the forms set forth in Exhibit C, unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security must be attached to Exhibit C. They are then incorporated herein by this reference.
15. Monument Security. Prior to City’s execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for PARCEL MAP NO. [2017-160] in compliance with the applicable provisions of City’s Code (“Subdivision Monuments”), Developer will furnish to City a bond in the amount of $2,369.00, which sum may not be less than 100 percent of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said bond may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer and City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, provided that Developer is not in default of any provision of this Agreement or condition of approval for PARCEL MAP NO. [2017-160].
16. Lien. To secure the timely performance of Developer’s obligations under this Agreement, including those obligations for which security has been provided pursuant to sections 14 and 15 above, Developer hereby creates in favor of City a lien against all portions of the Property that are not dedicated to City or to some other governmental agency for a public purpose. As to Developer’s default on those obligations for which security has been provided pursuant to sections 14 and 15 above, City will first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.
17. Indemnification.
17.1 Developer will defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct 14 BBK: December 2022
of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement.
17.2 This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, that is caused solely and exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction.
Developer’s obligation to indemnify survives the expiration or termination of this Agreement, and is not restricted to insurance proceeds, if any, that are received by Agency, its elected officials, officers, employees, agents or volunteers.
18. Insurance.
18.1 Types; Amounts. Developer will procure and maintain, and will require its contractors and subcontractors to procure and maintain, during construction of any Public Improvement under this Agreement, insurance of the types and in the amounts described below (“Required Insurance”), without limiting the indemnity provisions of this Agreement. If any of the Required Insurance contains a general aggregate limit, such insurance must apply separately to this Agreement or be no less than three times the specified occurrence limit. For purposes of this section 18, the “indemnified parties” mean City, its elected officials, officers, employees, agents and volunteers, as described in section 17 above. The Required Insurance must contain standard separation of insureds provisions. It must contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents and volunteers.
(A) Commercial General Liability. Developer, its contractors and subcontractors must procure and maintain Commercial General Liability Insurance that affords coverage at least as broad as the latest version of Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $5,000,000 per occurrence, and if written with an aggregate, the aggregate must be double the per occurrence limit. Defense costs must be paid in addition to the limits. The policy must contain no endorsement or provision limiting coverage for (1) products and completed operations; (2) contractual liability; (3) third-party action over claims; (4) cross-liability exclusion for claims or suits by one insured against another; or (5) explosion, collapse or underground hazard (XCU). 15 BBK: December 2022
(B) Automobile Liability. Developer, its contractors and subcontractors must procure and maintain automobile liability insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident. Such insurance must include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible. If Developer does not own any company vehicles and if requested by City, this requirement may be satisfied by providing a non-owned auto endorsement to the Commercial General Liability policy.
(C) Workers’ Compensation. Developer, its contractors and subcontractors must procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and Employers’ Liability Insurance of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability. If applicable to this Agreement and required by City, for any consultant or other professional who will engineer or design the Public Improvements, professional liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence must be procured and maintained for a period of three years following completion of the Public Improvements and must specifically include all work to be performed under the Agreement. If coverage is written on a claims-made basis, the retroactive date must precede the effective date of the initial Agreement and continuous coverage must be maintained or an extended reporting period will be exercised for a period of at least three years from termination of this Agreement. [***LIMITS UP TO $3,000,000 OR $5,000,000 MAY BE APPLICABLE. CONSULT CITY FOR
APPROPRIATE AMOUNT; DELETE THIS SENTENCE.***]
(E) Contractors Pollution Liability.
(1) If applicable to this Agreement and required by City, Developer must procure Contractors Pollution Liability Insurance covering all of Developer’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5,000,000 per loss and $10,000,000 total all losses. The policy must contain no endorsement or provision that limits contractual liability or coverage for cross-liability of claims or suits by one insured against another. Non-owned disposal site coverage must be 16 BBK: December 2022
provided if handling, storing or generating hazardous materials or any material or substance otherwise regulated under environmental laws or regulations.
(2) For projects involving transportation of hazardous waste or materials, the policy must include coverage for loading or unloading from the project site to final disposal locations, and all disposal locations must be scheduled as non-owned disposal sites. (3) If coverage is written on a claims-made basis, the retroactive date must precede the effective date of the initial Agreement and continuous coverage must be maintained or an extended reporting period will be exercised for a period of at least three years from termination or expiration of this Agreement.
18.2 Deductibles. Any deductible or self-insured retention must be approved by City in writing and must protect the indemnified parties 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.
18.3 Certificates; Verification. Developer and its contractors and subcontractors must furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City prior to the execution of this Agreement and before work under this Agreement may begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
18.4 Insurer Rating. Unless approved in writing by City, all Required Insurance must be placed with insurers with a current A.M. Best rating of at least A:VIII, who are authorized to do businessin the State of California, and who are satisfactory to City.
18.5 Endorsements.
(A) The policy or policies of insurance required by section 18.1(A) (Commercial General Liability), section 18.1(B) (Automobile Liability) and section 18.1(E) (Contractors Pollution Liability), if the latter is required by City, must include the following endorsements:
(1) Additional Insured: The indemnified parties must be additional insureds with regard to liability and defense of suits or claims arising out of the performance of this Agreement. The “Additional Insured 17 BBK: December 2022
Endorsement” must be on a form similar to Insurance Services Office’s Endorsement form CG 2010 and must contain no other modifications to the policy.
(2) Primary Insurance: This insurance must be primary, and any other insurance, deductible, or self-insurance that might be maintained by the indemnified parties does not contribute with this primary insurance.
(3) Severability: If any insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy must cover the insured against whom claim is or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance are not increased thereby.
(4) Cancellation: The policy may not be canceled nor the coverage suspended, voided, reduced or allowed to expire until a 30-day prior written notice of cancellation has been served on City, except that 10-day prior written notice is allowed for non-payment of premium. (5) Duties: Coverage provided to the indemnified parties must not be affected by a failure by the named insured to comply with reporting provisions of the policy or by any breach or violation of a warranty. (6) Applicability: The coverage provided therein must apply to the obligations assumed by Developer, its contractors or subcontractors under the indemnity provisions of this Agreement, unless the policy or policies contain a blanket form of contractual liability coverage. (B) The policy or policies of insurance required by section 18.1(C) (Workers’ Compensation) must include the following endorsements:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: The policy may not be canceled or the coverage suspended, voided, reduced or allowed to expire until a 30-day prior written notice of cancellation has been served on City, except that 10-day prior written notice is allowed for non-payment of premium. (C) The policy or policies of insurance required by section 18.1(D) (Professional Liability), if required by City, must include the following 18 BBK: December 2022
endorsement: “Cancellation: The policy may not be canceled or the coverage suspended, voided, reduced or allowed to expire until a 30-day prior written notice of cancellation has been served on City, except that 10- day prior written notice is allowed for non-payment of premium.”
19. Signs and Advertising. Developer understands and agrees to City’s ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal is at the expense of Developer and its surety. Developer and its surety will indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.
20. Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, nor any map related to PARCEL MAP NO. [2017-160], nor any other related entitlement, permit, or approval issued by City for the Property operates to create the relationship of partnership, joint venture, or agency between City and Developer.
Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein makes Developer, its contractors or subcontractors an agent, contractor or subcontractor of City.
21. General Provisions.
21.1 Authority to Enter Agreement. Each Party warrants that the individual or individuals who have signed this Agreement on that Party’s behalf have the legal power, right, and authority make this Agreement and bind that Party. Each individual signing represents and warrants that that individual is duly authorized and has the legal power and right to make this Agreement on behalf of the Party for whom the individual signs.
21.2 Cooperation; Further Acts. The Parties will fully cooperate with one another and will take any additional act or sign any additional document as might be necessary, appropriate, or convenient to carry out the purposes of this Agreement. Nothing in this paragraph obligates City to exercise its discretion in any particular way.
21.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement must be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance is deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified 19 BBK: December 2022
in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
21.4 Notices.
(A) All notices, demands, invoices, and written communications must be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
(1) To City:
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: City Engineer
(2) To Developer:
NOP DANG MAC
Address : 10572 LEXINGTON St , STANTON, CA 90680
Contact : NOP DANG MAC, PHONE NUMBER : (714) 642-5437
(B) Depending on the method of transmittal, notice is deemed received as follows:
(1) by facsimile, as of the date and time sent;
(2) by messenger, as of the date delivered; and
(3) by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
(C) The Parties are encouraged, but not required to, send a courtesy copy of any written notice, demand, invoice, or written communication by email to the other Party. Email communication does not satisfy the notice obligations above.
21.5 Amendment; Modification.
(A) No supplement, modification, or amendment of this Agreement is binding unless executed in writing and signed by both Parties.
20 BBK: December 2022
(B) The City Manager may, at the Manager’s sole and absolute discretion, agree to minor modifications to this Agreement on behalf of the City without City Council approval.
21.6 Waiver. City’s failure to insist on strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, does not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing is true whether City’s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.
21.7 Assignment or Transfer of Agreement.
(A) Developer may not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City, which City may grant or withhold at City’s sole and absolute discretion. Any attempt to do so is null and void, and any purported assignee, hypothecatee, or transferee acquires no right or interest by reason of such attempted assignment, hypothecation, or transfer. (B) Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer does not release or discharge Developer from any duty or responsibility under this Agreement. (C) If City consents in writing to such an assignment, any assignee, hypothecatee or transferee must expressly assume Developer’s obligations hereunder by a written agreement in a form, and containing such security, as is reasonably acceptable to City.
(1) The agreement must be in a form that is satisfactory to the City Attorney and must include provisions requiring the assignee to post bonds or submit another form of financial security that is satisfactory to City and approved by the City Attorney, to guarantee construction of the Public Improvements.
(2) The agreement must survive the recordation of the Final Map and must be recorded against each of the proposed lots to inform successors and assigns of the required Public Improvements to be constructed and their time frame for construction. Following any 21 BBK: December 2022
permitted assignment of the Public Improvements as set forth in this section 21.7, City will release Developer from its obligations so assigned and will release to Developer any bond or other security posted to secure the Public Improvements so assigned; provided, however, that City will not release any security given to secure the performance of any of any Public Improvement that is not assigned.
21.8 Binding Effect. Each of the covenants and conditions in this Agreement binds and inures to the benefit of the Parties, and their successors, heirs, personal representatives, and assigns. This section does not authorize a Party to assign any right or obligation.
21.9 No Third-Party Beneficiaries. There is no intended third-party beneficiary of any right or obligation assumed by the Parties.
21.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions continue in full force and effect.
21.11 Consent to Jurisdiction and Venue.
(A) This Agreement must be construed in accordance with and governed by the laws of the State of California.
(B) Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken under this Agreement, must be filed and prosecuted in the appropriate state court in the County of Orange, California. (C) Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
21.12 Attorneys’ Fees and Costs.
(A) If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration 22 BBK: December 2022
award, is entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys’ fees (“Costs”). (B) Any judgment, order, or award entered in such legal action or proceeding must contain a specific provision providing for the recovery of Costs, which shall include, without limitation, attorneys’ and experts’ fees, costs and expenses incurred in the following:
(1) post judgment motions and appeals,
(2) contempt proceedings, garnishment, levy, and debtor and third-party examination,
(3) discovery, and
(4) bankruptcy litigation.
(C) This section 21.12 survives termination or expiration of this Agreement.
21.13 Counterparts. This Agreement may be executed in counterpart originals, which taken together, constitute one and the same instrument. 23 BBK: December 2022
SIGNATURES
CITY OF STANTON
By: By:
David J. Shawver , Mayor Signature
NOP DANG MAC
Print Name
OWNER
Title
ATTEST:
(Seal)
By: By:
Patricia Vazquez, City Clerk Signature
Print Name
Title
APPROVED AS TO FORM:
By:
HongDao Nguyen, City Attorney
Best Best & Krieger LLP
NOTE: Developer’s and Surety’s signatures must be duly notarized, and appropriate attestations must be included as required by the bylaws, articles of incorporation, or other rules or regulations applicable to Developer’s business entity.
Guardian/Conservator
Other:
Date Of Document
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
24 BBK: December 2022
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On , before me, ,
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General
Attorney-In-Fact Number Of Pages
Trustee(s)
Guardian/Conservator
Other:
Date Of Document
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
25 BBK: December 2022
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On , before me, ,
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General
Attorney-In-Fact Number Of Pages
Trustee(s)
Exhibit A BBK: December 2022
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
PARCEL MAP NO. [2017-160]
PARCEL 33 OF LICENSED SURVEYOR’S MAP, IN THE CITY OF STANTON,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 2, PAGE 53 OF RECORD OF SURVEY, IN THE OFFICE OF THE COUNTY OF RECORDER OF SAID COUNTY.
APN: 079-313-06
Exhibit B BBK: December 2022
EXHIBIT B
LIST OF PUBLIC IMPROVEMENTS
PARCELMAP NO.[2017-160]
Developer must perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the following Public Improvements in accordance with the plans and specifications on file with City or with any changes required or ordered by the City Engineer which, in his opinion, are necessary or required to complete this work.
Developer is required to perform the following Public Improvements under this Agreement:
1). Construction public sidewalk per OCPW Standard 1205.
ORDINANCE NO. 1131
PAGE 1 OF 3
ORDINANCE NO. 1131
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, ADDING SECTION 10.08.015 TO THE MUNICIPAL CODE TO ESTABLISH PARKING
REQUIREMENTS BASED ON CURB MARKINGS AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15060(c)(2), 15061(b)(3) AND 15378(b)(5) WHEREAS, the City of Stanton, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, Vehicle Code section 21458 sets forth the colors of paint local agencies must use on curbs when enacting local parking regulations; and WHEREAS, as currently written, Stanton Municipal Code Section 10.08.010 regulates general requirements for parking spaces; and
WHEREAS, adopting Stanton Municipal Code Section 10.08.015 will help ensure that the Stanton Municipal Code conforms with the requirements of state law and create clearer delineation of parking zones within the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON DOES ORDAIN AS FOLLOWS:
SECTION 1: The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2: The City Council hereby finds that the Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines sections 15060(c)(2), 15061(b)(3), and 15378(b)(5). The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable physical change in the environment; and the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 3: Section 10.08.015 of Chapter 10.08 of Title 10 of the Stanton Municipal Code, entitled, “Curb Color Markings,” is hereby added to read in its entirety as follows:
“10.08.015 Curb Color Markings
The following described curb markings are to indicate parking or standing regulations, and the curb markings shall have the meanings set forth in this section:
A. A red curb means no stopping, standing or parking a vehicle at any time, unless otherwise stated by a sign on that street, whether the Item: 8A
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ORDINANCE NO. 1131
PAGE 2 OF 3
vehicle is attended or unattended, except that a bus may stop by a curb marked or signed as a bus zone.
B. A yellow curb means no stopping, standing or parking a vehicle at any time between 7:00 a.m. and 6:00 p.m. of any day, except Sundays, for any purpose other than the loading or unloading of passengers or materials, provided that the loading or unloading of passengers shall not take more than three minutes nor the loading or unloading of materials more than 20 minutes.
C. A white curb means no stopping, standing, or parking for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mailbox, which shall not exceed three minutes, and such restrictions shall apply between 7:00 a.m. and 6:00 p.m. of any day, except Sundays.
D. A blue curb means no stopping, standing, or parking a vehicle at any time except for a vehicle displaying a disabled person parking placard or plates as issued by the California Department of Motor Vehicles.
E. A green curb means no stopping, standing, or parking a vehicle for a time which exceeds two hours at any time between 7:00 a.m. and 6:00 p.m. of any day, except Sundays.
F. The City Engineer or their designee is authorized to designate and place curb markings, in compliance with this Section and the Vehicle Code. When such markings have been placed, no person shall stop, stand, or park a vehicle adjacent to any visible curb marking in violation of any of the provisions of this Section.”
SECTION 4: This ordinance shall take effect 30 days following its adoption.
SECTION 5: The City Council hereby directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption within five working days of the approval and adoption of this ordinance.
SECTION 6: If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.
SECTION 7: The documents and materials that constitute the record of proceedings on which this Ordinance and the above findings have been based are located in the City Clerk’s Department, 7800 Katella Avenue, Stanton, California. The City Clerk is the custodian of records.
ORDINANCE NO. 1131
PAGE 3 OF 3
PASSED, APPROVED, AND ADOPTED this 11th day of April, 2023.
DAVID J. SHAWVER, MAYOR
ATTEST:
PATRICIA A. VAZQUEZ, CITY CLERK
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF STANTON )
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California, do hereby certify that the foregoing Ordinance No. 1131 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 28th day of March, 2023 and was duly adopted at a regular meeting of the City Council held on the 11th day of April, 2023, by the following roll-call vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
PATRICIA A. VAZQUEZ, CITY CLERK