RESOLUTION NO. 2023-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, ADOPTING THE FISCAL YEAR 2023/24 OPERATING AND CAPITAL
BUDGET AND AUTHORIZING EXPENDITURES AND APPROPRIATIONS RELATED
THERETO
WHEREAS, on May 16, 2023, the City Council of the City of Stanton, held a Budget Study Session to review the recommendations for the Proposed Fiscal Year 2023/24 Operating and Capital Budget; and,
WHEREAS, on June 7, 2023, the Planning Commission of the City of Stanton, approved Resolution No. 2560, finding the Proposed Fiscal Year 2023/24 projects within the Capital Improvement Program (CIP) are in conformance with the City’s General Plan pursuant to California Government Code Section 65401; and, WHEREAS, the Proposed Fiscal Year 2023/24 Operating and Capital Budget is the basis for the financial and economic implementation of the City’s General Plan; and, WHEREAS, the Proposed Fiscal Year 2023/24 Operating and Capital Budget provides for service levels necessary to respond to the needs of the community and which are deemed appropriate by the City Council, and concurrently provides a work force to fill these service needs; and,
WHEREAS, the City Council recognizes that the Proposed Fiscal Year 2023/24 Operating and Capital Budget will require adjustments from time to time, and accordingly, the City Manager is authorized to execute necessary transfers to carry out the scope of services as approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
SECTION 2. The Proposed Fiscal Year 2023/24 Operating and Capital Budget as shown in Exhibit A attached hereto on file with the City Clerk’s Office entitled “City of Stanton Proposed Budget for Fiscal Year 2023/24” is adopted as follows:
ATTACHMENT B
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RESOLUTION NO. 2023-19
SECTION 3. The legal level of budgetary control is at the fund level. Budgets may not legally be exceeded at the fund level without appropriate authorization by the City Council, except as provided herein. Budgeted amounts for individual classifications within a fund may be exceeded as long as the total annual budget for that fund is not exceeded.
SECTION 4. The following controls are hereby placed on the transfers of budgeted funds:
a) The City Manager may authorize transfers of funds from account to account within any department.
b) The City Manager may authorize transfers of funds from department to department within any fund.
c) The City Manager may authorize increases in appropriations for a specific purpose where the appropriation is offset by unbudgeted revenues, which are designated for said specific purpose.
SECTION 5. All appropriations for outstanding encumbrances, unspent operating grant funds, and projects currently underway and remaining unexpended on June 30, 2023, as approved by the City Manager or their designee, are hereby appropriated to the Fiscal Year 2023/24 Operating and Capital Budget.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
Operating
Expenditures
Capital
Expenditures
Transfers
Between
Funds Total (1)
General Fund $ 32,004,235 $ - $ 981,060 $ 32,985,295
Special Revenue Funds 1,968,060 - 3,378,000 5,346,060
Capital Projects Funds - 6,986,000 3,080,000 10,066,000 Enterprise Funds 904,065 - 550,000 1,454,065
Internal Service Funds 2,283,985 - - 2,283,985
Total All City Funds $ 37,160,345 $ 6,986,000 $ 7,989,060 $ 52,135,405 (1) - Totals do not include the Stanton Housing Authority. (See Exhibit A to the Resolution.)
ATTACHMENT B
RESOLUTION NO. 2023-19
ADOPTED, SIGNED AND APPROVED this 13th day of June, 2023.
DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF STANTON )
ATTEST:
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-19 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 June 13, 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
ATTACHMENT B
Projected Projected
Beginning Operating CIP Transfers Transfers Ending
Balance Revenues Expenditures Expenditures In Out Balance 7/1/2023 (1) FY 2023/24 FY 2023/24 FY 2023/24 FY 2023/24 FY 2023/24 Adjustments 6/30/2024
GENERAL FUNDS
General Fund (#101)
Unassigned $ 10,729,249 $ 23,771,325 $ ‐ (24,183,785) $ $ 882,000 $ (121,060) $ 185,480 $ 11,263,209 Assigned ‐ Special Projects 4,817,346 ‐ (1,866,450) ‐ ‐ (660,000) ‐ 2,290,896 Reserve ‐ Economic Uncertainty (2) ‐ 5,800,000 ‐ ‐ ‐ ‐ 200,000 6,000,000 Reserve ‐ Emergency Disaster Continuity (2) ‐ 2,900,000 ‐ ‐ ‐ ‐ 100,000 3,000,000 Reserve ‐ Capital Improvement (2) ‐ 5,000,000 ‐ ‐ ‐ ‐ ‐ 5,000,000 Reserve ‐Equipment and Maintenance (2) ‐ 150,000 ‐ ‐ ‐ ‐ ‐ 150,000 Reserve ‐Technology Equipment (2) ‐ 150,000 ‐ ‐ ‐ ‐ ‐ 150,000 Committed by Developer Agreements for Public Benefit/Public Facilities (3) ‐ 1,197,796 ‐ ‐ ‐ ‐ ‐ 1,197,796 Committed by Developer Agreements for Beautification Projects (3) ‐ 190,000 ‐ ‐ ‐ ‐ ‐ 190,000 Committed by Developer Agreements for Neighborhood Preservation (3) ‐ 88,500 ‐ ‐ ‐ ‐ ‐ 88,500 Non‐Spendable‐Public Benefit Agreement with Rodeo 39 (4) ‐ 1,688,317 ‐ ‐ ‐ ‐ (350,000) 1,338,317 Non‐Spendable‐Advance to Lighting Maintenance Fund 795,413 ‐ ‐ ‐ ‐ ‐ (135,480) 659,933 Non‐Spendable‐Notes Receivable 104,025 ‐ ‐ ‐ ‐ ‐ ‐ 104,025 Total General Fund 33,610,646 23,771,325 (26,050,235) ‐ 882,000 (781,060) ‐ 31,432,676 Transaction & Use Tax Fund (#102)
Unassigned ‐ 6,154,000 (5,954,000) ‐ ‐ (200,000) ‐ ‐ GENERAL FUNDS ‐ TOTAL $ 33,610,646 $ 29,925,325 $ (32,004,235) $ ‐ $ 882,000 $ (981,060) $ ‐ $ 31,432,676 Special Revenue Funds
CASP Program Fund (#210)
Restricted‐CASP Program 58,197 $ $ 10,000 $ ‐ (5,000) $ ‐ $ ‐ $ ‐ $ $ 63,197 Gas Tax Fund (#211)
Restricted‐Street Rehabilitation and Maintenance 1,480,588 1,075,155 ‐ (301,790) ‐ (778,710) ‐ 1,475,243 Road Maintenance and Rehabilitation Account
(RMRA) Fund (#215)
Restricted‐Streets and Roads Capital Projects ‐ ‐ 956,695 ‐ ‐ (956,695) ‐ ‐ Measure M Fund (#220)
Restricted‐Streets and Roads Capital Projects 115,795 ‐ 708,800 ‐ ‐ (824,595) ‐ ‐ Community Development Block Grant (CDBG) Fund (#222)
Restricted‐Housing Rehabilitation for Low and Moderate Income Housing Persons 203,051 5,000 ‐ (50,000) ‐ ‐ ‐ 158,051 Fire Protective Services Fund (#223)
Restricted‐Fire Protection and Prevention Services ‐ 385,000 (3,000) ‐ ‐ (382,000) ‐ ‐ Lighting Maintenance 1919 Act Fund (#224)
Restricted‐Maintenance and Capital Projects for Street Lights 1,133,592 768,000 ‐ (402,480) ‐ ‐ (135,480) 1,363,632 Advance Payable Due to General Fund (795,413) ‐ ‐ ‐ ‐ ‐ 135,480 (659,933) Total Lighting Maintenance 1919 Act Fund 338,179 768,000 (402,480) ‐ ‐ ‐ ‐ 703,699 Lighting and Median Maintenance 1972 Act Fund (#225)
Restricted‐Lighting and Landscape Maintenance 701,207 215,000 ‐ (508,080) ‐ ‐ ‐ 408,127 Air Quality Improvement Fund (#226)
Restricted‐Mobile Source Emissions Reduction Programs 89,059 47,000 ‐ (49,000) ‐ ‐ ‐ 87,059 Other Grants Fund (#227)
Restricted‐Grant Specific Programs ‐ ‐ 276,000 ‐ ‐ (276,000) ‐ ‐ Supplemental Law Enforcement Grants Fund (#242)
Restricted‐Law Enforcement 255,208 160,000 ‐ (34,000) ‐ (160,000) ‐ 221,208 Families and Communities Together (FACT) Grant Fund (#250) Restricted‐Family Preservation and Support Program ‐ 357,240 ‐ (404,105) 46,865 ‐ ‐ ‐ Senior Transportation Fund (#251)
Restricted‐Senior Mobility Program 40,576 32,500 ‐ (49,585) 9,420 ‐ ‐ 32,911 Street Impact Fees Fund (#261)
Restricted‐Streets and Roads Capital Projects 112,372 6,000 ‐ ‐ ‐ ‐ ‐ 118,372 Traffic Signal Impact Fees Fund (#262)
Restricted‐Traffic Signals Capital Projects 10,500 ‐ 5,500 ‐ ‐ ‐ ‐ 16,000 Community Center Impact Fees Fund (#263)
Restricted‐New Community Center Facility 174,888 ‐ 6,500 ‐ ‐ ‐ ‐ 181,388 Police Services Impact Fees Fund (#264)
Restricted‐New Police Center Facility 158,547 ‐ 6,500 ‐ ‐ ‐ ‐ 165,047 Public Safety Task Force Fund (#271)
Restricted‐Homeless Outreach Activities ‐ 46,245 (46,245) ‐ ‐ ‐ ‐ ‐ City of Stanton
BUDGET SUMMARY BY FUND
FISCAL YEAR 2023/24
EXHIBIT A
Projected Projected
Beginning Operating CIP Transfers Transfers Ending
Balance Revenues Expenditures Expenditures In Out Balance 7/1/2023 (1) FY 2023/24 FY 2023/24 FY 2023/24 FY 2023/24 FY 2023/24 Adjustments 6/30/2024 City of Stanton
BUDGET SUMMARY BY FUND
FISCAL YEAR 2023/24
Stanton Central Park Maintenance Fund (#280)
Restricted‐Park Maintenance ‐ 50,000 ‐ (114,775) 64,775 ‐ ‐ ‐ Housing Authority Fund (#285)
Restricted‐Affordable Housing 9,177,794 645,000 ‐ (1,220,710) ‐ ‐ ‐ 8,602,084 Non‐Spendable‐Notes Receivable 1,018,000 ‐ ‐ ‐ ‐ ‐ ‐ 1,018,000 Total Housing Authority Fund 10,195,794 645,000 (1,220,710) ‐ ‐ ‐ ‐ 9,620,084 SPECIAL REVENUE FUNDS ‐ TOTAL $ 13,933,961 $ 5,762,135 $ (3,188,770) $ ‐ $ 121,060 $ (3,378,000) $ ‐ $ 13,250,386 Capital Projects Funds
Capital Projects Fund (#305)
Assigned‐Capital Projects 5,318 $ ‐ $ ‐ $ $ (6,986,000) $ ‐ 6,986,000 $ ‐ $ $ 5,318 Park In Lieu Fund (#310)
Restricted‐Parks and Recreation (5) 2,988,778 ‐ 125,000 ‐ ‐ (3,080,000) ‐ 33,778 CAPITAL PROJECTS FUNDS ‐ TOTAL $ 2,994,096 $ 125,000 $ ‐ $ (6,986,000) $ 6,986,000 $ (3,080,000) $ ‐ $ 39,096 GENERAL GOVERNMENTAL FUNDS ‐ TOTAL $ 50,538,703 $ 35,812,460 $ (35,193,005) $ (6,986,000) $ 7,989,060 $ (7,439,060) $ ‐ $ 44,722,158
ENTERPRISE FUNDS
Sewer Maintenance Fund (#501)
Unrestricted Net Position ‐ Available $ 4,635,775 $ 1,344,500 $ (904,065) $ ‐ $ ‐ $ (440,155) $ ‐ $ 4,636,055 Reserve ‐ Capital (2) ‐ 1,000,000 ‐ ‐ ‐ ‐ ‐ 1,000,000 Investment in Capital Assets 4,827,134 ‐ ‐ ‐ ‐ ‐ ‐ 4,827,134 Total Sewer Maintenance Fund 10,462,909 1,344,500 (904,065) ‐ ‐ (440,155) ‐ 10,463,189 Sewer Capital Improvement Fund (#502)
Restricted‐Sewer Capital Projects 95,345 ‐ 14,500 ‐ ‐ (109,845) ‐ ‐ Total Sewer Capital Improvement Fund 95,345 14,500 ‐ ‐ ‐ (109,845) ‐ ‐ ENTERPRISE FUNDS ‐ TOTAL $ 10,558,254 $ 1,359,000 $ (904,065) $ ‐ $ ‐ $ (550,000) $ ‐ $ 10,463,189
INTERNAL SERVICE FUNDS
Workers Compensation Fund (#602)
Unrestricted Net Position‐Available 801,244 $ $ 80,405 $ ‐ (80,405) $ ‐ $ ‐ $ ‐ $ $ 801,244 Liability/Risk Management Fund (#603)
Unrestricted Net Position‐Available 89,156 328,925 ‐ (328,925) ‐ ‐ ‐ 89,156 Employee Benefits Fund (#604)
Unrestricted Net Position‐Available 173,676 1,694,795 ‐ (1,694,795) ‐ ‐ ‐ 173,676 Net Pension Liability, Net of Deferred Amounts (3,570,756) ‐ ‐ ‐ ‐ ‐ ‐ (3,570,756) Non‐Spendable‐Pension Stabilization (2) ‐ 3,980,189 ‐ ‐ ‐ ‐ ‐ 3,980,189 Total Employee Benefits Fund 583,109 1,694,795 (1,694,795) ‐ ‐ ‐ ‐ 583,109 Fleet Maintenance Fund (#605)
Unrestricted Net Position ‐ Available 222,730 179,860 ‐ (179,860) ‐ ‐ ‐ 222,730 Vehicle Replacement Reserve (2) ‐ 100,000 ‐ ‐ ‐ ‐ ‐ 100,000 Investment in Capital Assets 281,767 ‐ ‐ ‐ ‐ ‐ ‐ 281,767 Total Fleet Maintenance Fund 604,497 179,860 (179,860) ‐ ‐ ‐ ‐ 604,497 INTERNAL SERVICE FUNDS ‐ TOTAL $ 2,078,006 $ 2,283,985 $ (2,283,985) $ ‐ $ ‐ $ ‐ $ ‐ $ 2,078,006 ALL FUNDS ‐ TOTAL $ 63,174,963 $ 39,455,445 $ (38,381,055) $ (6,986,000) $ 7,989,060 $ (7,989,060) $ ‐ $ 57,263,353 Less: Stanton Housing Authority 1,220,710 ‐ ‐ Total Appropriations Approved by City Council $ (37,160,345) $ (6,986,000) $ (7,989,060) Notes:
(1) ‐ As of February 28, 2023, with the exception of the budget adjustment approved by City Council on June 13, 2023. (2) ‐ Per City Council Reserve Policy adopted annually. (4) ‐ During Fiscal Year 2020/21, the City Council approved an economic development loan with Rodeo 39 Marketplace LLC ("Rodeo 39") for $2,250,000. The loan is being repaid from 50% of sales tax and transaction and use tax (Measure GG) generated by the businesses located at the property. The reduction in the nonspendable fund balance represents the loan repayment that is expected during Fiscal Year 2023/24. (3) ‐ Pursuant to approved developer agreements, this amount represents public benefit fees the City received that should be used for the following projects relating to: public facilities, neighborhood preservation, and city beautification/enhancement.
EXHIBIT A
RESOLUTION NO. SHA 2023-01
RESOLUTION NO. SHA 2023-01
A RESOLUTION OF THE STANTON HOUSING AUTHORITY OF THE CITY OF STANTON, CALIFORNIA, ADOPTING THE FISCAL YEAR 2023/24 OPERATING
AND CAPITAL BUDGET AND AUTHORIZING EXPENDITURES AND
APPROPRIATIONS RELATED THERETO
WHEREAS, the Housing Authority Board of the Stanton Housing Authority held a budget workshop on May 16, 2023, to review the recommendations for the Proposed Fiscal Year 2023/24 Operating and Capital Budget; and,
WHEREAS, the Proposed Fiscal Year 2023/24 Operating and Capital Budget provides for service levels necessary to respond to the needs of the community and which are deemed appropriate by the Housing Authority Board, and concurrently provides a work force to fill these service needs; and,
WHEREAS, the Housing Authority Board recognizes that the Proposed Fiscal Year 2023/24 Operating and Capital Budget will require adjustments from time to time, and accordingly, the Executive Director is authorized to execute necessary transfers to carry out the scope of services as approved.
NOW, THEREFORE, THE HOUSING AUTHORITY BOARD OF THE STANTON
HOUSING AUTHORITY DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Housing Authority Board finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
SECTION 2. The Proposed Fiscal Year 2023/24 Operating and Capital Budget as shown in Exhibit A attached hereto is hereby approved and adopted.
SECTION 3. The legal level of budgetary control is at the fund level. Budgets may not legally be exceeded at the fund level without appropriate authorization by the Housing Authority Board, except as provided herein. Budgeted amounts for individual classifications within a fund may be exceeded as long as the total annual budget for that fund is not exceeded.
SECTION 4. The following controls are hereby placed on the transfers of budgeted funds:
a) The Executive Director may authorize transfers of funds from account to account within any department.
b) The Executive Director may authorize transfers of funds from department to department within any fund.
ATTACHMENT C
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RESOLUTION NO. SHA 2023-01
c) The Executive Director may authorize increases in appropriations for a specific purpose where the appropriation is offset by unbudgeted revenues, which are designated for said specific purpose.
SECTION 5. All appropriations for outstanding encumbrances and projects currently underway and remaining unexpended on June 30, 2023, as approved by the Executive Director or their designee, are hereby appropriated to the Fiscal Year 2023/24 Operating and Capital Budget.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
ADOPTED, SIGNED AND APPROVED this 13th day of June, 2023.
DAVID J. SHAWVER, CHAIRMAN
APPROVED AS TO FORM:
__
HONGDAO NGUYEN, AUTHORITY COUNSEL
ATTACHMENT C
RESOLUTION NO. SHA 2023-01
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF STANTON )
ATTEST:
I, Patricia A. Vazquez, Authority Secretary of the Stanton Housing Authority, Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No.
SHA 2023-01 has been duly signed by the Chairman and attested by the Authority Secretary, all at a regular meeting of the Stanton Housing Authority Board, held on June 13, 2023, and that the same was adopted, signed, and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
________
PATRICIA A. VAZQUEZ, AUTHORITY SECRETARY
ATTACHMENT C
Account
No. Description
Actual
2021/22
Adopted
Budget
2022/23
Amended
Budget
2022/23 (1)
Proposed
Budget
2023/24
% Change
From Prior
Year
PROJECTED REVENUE AND OTHER SOURCES
435100 Interest $ 50,735 25,000$ $ 25,000 25,000$ 0.00% 435110 Unrealized Gains/Losses (171,096) ‐ ‐ ‐ 0.00% 436140 Tina Way/Pacific Ave. Property Rent 616,454 560,000 610,000 620,000 1.64% 437135 Expense Reimbursement 2,000 1,000 1,000 ‐ ‐100.00% 437145 Sale of Assets 756,902 ‐ ‐ ‐ 0.00% 437195 Other Revenue 12,006 ‐ ‐ ‐ 0.00% 439801 Transfer from Expendable Deposits Fund 19,843 ‐ ‐ ‐ 0.00% TOTAL ‐ PROJECTED REVENUE AND OTHER SOURCES 1,286,844 586,000 636,000 645,000 1.42%
ESTIMATED EXPENDITURES AND OTHER USES
Salaries and Benefits
501110 Salaries‐Regular 132,245 144,015 145,820 142,795 ‐2.07% 501115 Salaries‐Overtime ‐ 418 ‐ ‐ 0.00% 501120 Salaries‐Part‐Time 1,903 2,575 2,575 ‐ 2,435 5.44% 502100 Retirement 31,810 34,475 35,325 ‐ 25,990 26.43% 502105 Workers' Compensation 1,883 2,135 2,205 ‐ 2,160 2.04% 502110 Health/Life Insurance 10,647 15,290 15,290 14,425 ‐5.66% 502111 Medical In‐Lieu Pay 662 450 450 470 4.44% 502115 Unemployment Insurance 204 195 195 250 28.21% 502120 Medicare/FICA 1,827 2,010 2,035 ‐ 1,965 3.44% 502125 Leave Disbursals ‐ 673 ‐ ‐ 0.00% 502130 Other Benefits 1,334 1,055 1,055 ‐ 30 97.16% Total‐Salaries and Benefits 183,606 202,200 204,950 190,520 ‐7.04% Maintenance and Operations
602100 Special Dept Expense ‐ ‐ 200 500 150.00% 602110 Office Expense 125 1,000 1,000 ‐ ‐100.00% 602115 Postage 14 500 500 500 0.00% 602130 Clothing ‐ ‐ 2,940 ‐ 2,500 14.97% 602140 Materials and Supplies 1,686 5,000 2,060 2,500 21.36% 602145 Gas/Oil/Lube ‐ 20 ‐ ‐ 0.00% 603120 Minor Repairs ‐ 15,000 ‐ ‐ 0.00% 604105 Utilities 49,774 50,000 50,000 60,000 20.00% 607100 Membership Dues 4,800 4,800 4,800 0.00% 607110 Travel/Conference/Meetings 138 1,000 1,000 1,000 0.00% 607115 Training 652 2,500 2,500 2,500 0.00% 608100 Contractual Services 325,231 24,000 24,000 23,000 ‐4.17% 608105 Professional Services 215,094 530,500 530,500 328,875 ‐38.01% 610130 Tina Pacific Operating Expenses 88,891 ‐ 240,000 243,825 1.59% 610131 Bad Debt Expense ‐ ‐ 50,000 ‐ 40,000 20.00% 610135 Relocation Assistance 49,040 40,000 39,800 40,000 0.50% City of Stanton
Special Revenue Fund
HOUSING AUTHORITY FUND (#285)
FISCAL YEAR 2023/24
EXHIBIT A
Account
No. Description
Actual
2021/22
Adopted
Budget
2022/23
Amended
Budget
2022/23 (1)
Proposed
Budget
2023/24
% Change
From Prior
Year
City of Stanton
Special Revenue Fund
HOUSING AUTHORITY FUND (#285)
FISCAL YEAR 2023/24
Maintenance and Operations, Continued
610230 Navigation Center (North SPA) 30,000 50,000 50,000 95,000 90.00% 611110 O.C. Sanitation User Fee 20,837 21,500 21,500 24,000 11.63% 612115 Building Maintenance ‐ 75,000 ‐ ‐ 0.00% Total‐Maintenance and Operations 781,502 820,800 1,020,800 869,000 ‐14.87% Allocated Charges
612105 Vehicle Replacement Charge 10,075 5,805 5,805 12,305 111.97% 612115 Liability Insurance Charge 13,842 7,295 7,295 8,690 19.12% 612140 Information Technology Charge 30,700 18,215 18,215 19,215 5.49% 614205 Admin Overhead 20,660 21,580 21,580 20,980 ‐2.78% Total‐Allocated Charges 75,277 52,895 52,895 61,190 15.68% Capital Outlay
760100 Demolition/Condemnation ‐ 200,000 93,800 100,000 6.61% 790100 Land Acquisition ‐ ‐ 2,500,000 ‐ ‐100.00% Total‐Capital Outlay ‐ 200,000 2,593,800 100,000 ‐96.14% Transfer to Other Funds
800101 Transfer to General Fund 890,000 ‐ ‐ ‐ 0.00% Total‐Transfer to Other Funds 890,000 ‐ ‐ ‐ 0.00% TOTAL ‐ ESTIMATED EXPENDITURES AND OTHER USES 1,930,385 1,275,895 3,872,445 1,220,710 ‐68.48% REVENUES OVER (UNDER) EXPENDITURES $ (643,541) (689,895)$ $ (3,236,445) (575,710)$ Note:
(1) ‐ As of February 28, 2023
EXHIBIT A
RESOLUTION NO. 2023-20
RESOLUTION NO. 2023-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA,
REGARDING EMPLOYEE BENEFITS AND SALARY RATES FOR ALL CLASSES OF
EMPLOYMENT
WHEREAS, the City Council has historically adopted a resolution establishing the salary and benefits for all classes of employment;
WHEREAS, Resolution No. 2022-38 included the most recent revisions to the salary and benefits for all classes of employment;
WHEREAS, the City Council will review such resolution annually and make amendments as necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, RESOLVES AS FOLLOWS:
Section 1. Superseding City Council Resolution 2022-38 and all prior resolutions, and each of them in their entirety, the following salary ranges are assigned to the listed classes of employment. Annual compensation is equal to 26 bi-weekly pay periods. For full-time and part-time classifications, a minimum of six-months of City service is required to advance to the next pay step in the salary range for all appointments at pay step A; and one year of City service is required for appointments at higher than step A.. Salary Ranges are included as Exhibit A. The monthly salary schedule is included as Exhibit B.
RANGE POSITION TITLE Annual
Minimum
Annual
Maximum
1 Administrative Clerk $42,516 $54,276
1 Facilities Maintenance Worker I $42,516 $54,276
5 Senior Administrative Clerk $46,932 $59,904
8 Facilities Maintenance Worker II $50,544 $64,500
10 Departmental Assistant $53,100 $67,764
10 Marketing Assistant $53,100 $67,764
10 Parking Control/Code Enforcement
Specialist
$53,100 $67,764
10 Permit Technician $53,100 $67,764
12 Business License Specialist $55,788 $71,208
12 Planning Technician $55,788 $71,208
13 Senior Facilities Maintenance Worker $57,180 $72,984 16 Administrative Services Coordinator $61,584 $78,588
16 Community Services Coordinator $61,584 $78,588
16 Outreach Coordinator $61,584 $78,588
18 Building Inspector $64,704 $82,572
ATTACHMENT D
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RESOLUTION NO. 2023-20
18 Engineering Assistant $64,704 $82,572
19 Administrative Services Supervisor $66,312 $84,648
19 Code Enforcement Officer $66,312 $84,648
19 Senior Accounting Technician $66,312 $84,648
20 Management Analyst $67,980 $86,748
21 Assistant Planner $69,672 $88,920
21 Economic Development Specialist $69,672 $88,920
21 Housing Specialist $69,672 $88,920
22 Accountant $71,412 $91,152
22 Public Works Inspector $71,412 $91,152
25 Information Technology Specialist $76,908 $98,160
26 Associate Planner $78,828 $100,608
26 Code Enforcement/Parking Control
Supervisor
$78,828 $100,608
26 Community Services Supervisor $78,828 $100,608
26 Facilities Maintenance Supervisor $78,828 $100,608
26 Housing Associate $78,828 $100,608
26 Human Resources/Risk Management
Analyst
$78,828 $100,608
29 Associate Engineer $84,888 $108,348
31 Senior Public Works Inspector $89,184 $113,832
33 Civil Engineer $93,708 $119,592
33 Senior Planner $93,708 $119,592
35 Accounting Manager $98,448 $125,640
35 Administrative Services Manager $98,448 $125,640
35 Assistant to the City Manager $98,448 $125,640
35 Building Official $98,448 $125,640
35 Code Enforcement/Parking Control
Manager
$98,448 $125,640
35 Community Services Manager $98,448 $125,640
35 Human Resources Manager $98,448 $125,640
35 Planning Manager $98,448 $125,640
35 Public Works Manager $98,448 $125,640
36 City Clerk $100,908 $128,784
43 Assistant City Engineer $119,952 $153,084
43 Assistant Community and Economic
Development Director
$119,952 $153,084
50 Administrative Services Director $142,584 $181,968
50 Community/Economic Development
Director
$142,584 $181,968
50 Community Services Director $142,584 $181,968
ATTACHMENT D
RESOLUTION NO. 2023-20
50 Finance Director $142,584 $181,968
50 Public Works Director/City Engineer $142,584 $181,968 50 Public Safety Services Director $142,584 $181,968
53 Assistant City Manager $153,540 $195,960
City Manager* $230,000
*Pending a satisfactory performance
evaluation, the annual salary for the City
Manager will be $243,800 ($20,317/mo.)
effective 7/2/2023.
Part-Time Positions
Range Position Title Hourly
Minimum
Hourly
Maximum
1A Intern $17.01 $21.72
1A Recreation Leader $17.01 $21.72
1A Park Ranger $17.01 $21.72
1 Administrative Clerk Hourly $20.44 $26.09
1 Senior Recreation Leader $20.44 $26.09
2 Code Enforcement Technician $20.95 $26.75
10 Parking Control/Code Enforcement
Specialist Hourly
$25.53 $32.58
16 Community Services Coordinator Hourly $29.61 $37.78
16 Public Safety Outreach Coordinator $29.61 $37.78
26 Human Resources/Risk Management
Analyst
$37.90 $48.37
Section 2. The following table designates the full-time position titles as non-exempt or exempt under the Fair Labor Standards Act (“FLSA”). All hourly part-time positions listed in Section 1 of this resolution are designated as non-exempt. Position titles designated as non-exempt are compensated overtime or compensatory time for hours actually worked in excess of forty (40) hours per workweek. Position titles designated as exempt are not eligible for overtime compensation under the FLSA, and will not receive overtime compensation for hours worked in excess of forty (40) hours per workweek.
FLSA DESIGNATION
POSITION TITLE
EXEMPT/NONEXEMPT
STATUS
POSITION
CATEGORY
City Manager Exempt Executive
Assistant City Manager Exempt Executive
Public Safety Services Director Exempt Executive
Public Works Director/City Engineer Exempt Executive
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RESOLUTION NO. 2023-20
Finance Director Exempt Executive
Community Services Director Exempt Executive
Community and Economic Development Director Exempt Executive Administrative Services Director Exempt Executive
Assistant Community and Economic Development
Director
Exempt Management
Assistant City Engineer Exempt Management
Public Works Manager Exempt Management
Planning Manager Exempt Management
Human Resources Manager Exempt Management
Community Services Manager Exempt Management
City Clerk Exempt Management
Code Enforcement/Parking Control Manager Exempt Management Building Official Exempt Management
Assistant to the City Manager Exempt Management
Administrative Services Manager Exempt Management
Accounting Manager Exempt Management
Facilities Maintenance Supervisor Exempt Supervisory
Community Services Supervisor Exempt Supervisory
Code Enforcement/Parking Control Supervisor Exempt Supervisory Administrative Services Supervisor Exempt Supervisory
Civil Engineer Non-Exempt General
Senior Planner Non-Exempt General
Senior Public Works Inspector Non-Exempt General
Human Resources/Risk Management Analyst Non-Exempt General Housing Associate Non-Exempt General
Associate Planner Non-Exempt General
Associate Engineer Non-Exempt General
Public Works Inspector Non-Exempt General
Accountant Non-Exempt General
Assistant Planner Non-Exempt General
Housing Specialist Non-Exempt General
Information Technology Specialist Non-Exempt General
Economic Development Specialist Non-Exempt General
Management Analyst Non-Exempt General
Code Enforcement Officer Non-Exempt General
Senior Accounting Technician Non-Exempt General
Engineering Assistant Non-Exempt General
Building Inspector Non-Exempt General
Outreach Coordinator Non-Exempt General
Community Services Coordinator Non-Exempt General
Administrative Services Coordinator Non-Exempt General
Senior Facilities Maintenance Worker Non-Exempt General Business License Specialist Non-Exempt General
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RESOLUTION NO. 2023-20
Planning Technician Non-Exempt General
Permit Technician Non-Exempt General
Parking Control/Code Enforcement Specialist Non-Exempt General Marketing Assistant Non-Exempt General
Departmental Assistant Non-Exempt General
Facilities Maintenance Worker II Non-Exempt General
Senior Administrative Clerk Non-Exempt General
Facilities Maintenance Worker I Non-Exempt General
Administrative Clerk Non-Exempt General
Section 3. The City of Stanton will provide the following benefits:
I. RETIREMENT:
1. The City is a member of the California Public Employees Retirement System (CalPERS), pursuant to the California Public Employees Retirement Law (Cal.
Gov. Code § 30000 et seq.) (PERL), as amended by the Public Employees’ Pension Reform Act of 2013 (PEPRA) (Assembly Bill (AB) 340, Chapter 296, Statutes of 2012, and AB 197, Chapter 297, Statutes of 2012). The City shall provide a tax-qualified governmental defined benefit plan for all full-time miscellaneous class of employees through CalPERS, in accordance with the following provisions:
a. Employees who are CalPERS members are subject to provisions of PERL, as amended by PEPRA. PEPRA imposes requirements and limitations on public employment retirement benefits for public employees, including establishment of a category of employees defined in PEPRA as “new members”. Employees who were hired prior to January 1, 2013, or who otherwise do not fall within the definition of a “new member” under PEPRA, are referred to in this Resolution as a “classic member” under PEPRA. b. Employees hired on or before August 27, 2011, are described as “classic members” (Tier 1). Classic members’ (Tier 1) retirement benefits are based on the two percent at fifty-five (2% at 55) formula. The City shall pay the seven percent (7%) member contribution of their pensionable income to CalPERS as part of the required member retirement contribution. c. Employees hired on or after August 28, 2011, are also described as “classic members” (2nd Tier). Classic members’ (2nd Tier) retirement benefits are based on the two percent at sixty (2% at 60) formula. Tier 2 employees shall pay seven percent (7%) of their pensionable income to CalPERS as part of the required member retirement contribution.
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RESOLUTION NO. 2023-20
d. Employees hired after January 1, 2013, and who are new to CalPERS, or have had more than a six (6) month break in CalPERS service, are subject to all laws, statutes, rules, and regulations of the Public Employees’ Pension Reform Act of 2013 (PEPRA or 3rd Tier). The new member retirement benefit formula is two percent at sixty-two (2% at 62). All new members shall pay at least fifty percent (50%) of the normal cost of the retirement contribution rate, or the current contribution rate of similarly situated employees, whichever is higher, to CalPERS as part of the required member retirement contribution.
e. All full-time and part-time employees who are CalPERS members will be covered by the 1959 Survivor Benefit. A $.93 bi-weekly deduction is required. This benefit consists of a monthly allowance, which may be paid to the employee’s surviving spouse and children and is paid along with other death benefits and is payable whether or not the employee was eligible to retire at the time of death.
2. The City shall provide a retirement plan for all hourly part-time employees. Parttime employees are covered by the Public Agency Retirement Services Alternate Retirement System (PARS ARS). Employees contribute 7.5% salary contribution towards this program on a pre-tax basis. Upon separation from the City, hourly employees will receive one hundred percent (100%) of their contributions, plus any accrued interest.
II. INSURANCES:
1. The City shall pay the minimum required monthly contribution for medical insurance for active employees as required by the Public Employees’ Medical and Hospital Care Act (PEMHCA). To the extent required by the law, the City shall also contribute this amount for retirees.
2. The City shall pay the current Kaiser (OC) medical insurance premium for all eligible employees and two-thirds (2/3) of the additional Kaiser (OC) premium for eligible dependents. The individual employee shall pay the difference in the premium of the plan they choose, to be deducted from their salary. If a less expensive plan is selected by the employee, the employee shall receive the unused portion of the City’s contribution as a cash payment not to exceed one hundred dollars ($100.00) per month.
3. The City shall provide a medical insurance rebate program for full-time employees who are eligible for the City medical insurance program pursuant to Section II.2 above, and who are currently enrolled under a medical insurance program through a spouse or other source. Any employee for whom the City has approved waiver, the City shall compensate the employee in the amount of three hundred and fifty dollars ($350.00) per month with the exception of Department Heads. The City shall compensate the employees occupying these positions as follows:
ATTACHMENT D
RESOLUTION NO. 2023-20
Position Amount
Administrative Services Director $500
Assistant City Manager $500
City Manager $500
Community & Economic Development Director $500
Community Services Director $500
Finance Director $500
Public Works Director/City Engineer $500
Public Safety Services Director $500
4. The City shall contribute up to a maximum of twenty-three dollars and eight cents ($23.08) per pay period for each part-time employee, who has been employed by the City for at least one year, to be used at the employee’s discretion for designated dental and/or vision benefits. Such City contributions shall only be used for designated dental and/or vision benefits as determined by the City or a cash payment.
5. The City shall provide dental insurance for all eligible employees and their eligible dependents. This is provided by a carrier of the City’s choosing. The City shall pay the current Delta Dental (PPO) premium amount for eligible employees and twothirds (2/3) of the additional Delta Dental (PPO) premium for eligible dependents.
6. The City shall provide vision insurance for all eligible employees and their eligible dependents. This is provided by a carrier of the City’s choosing. The City shall pay the current vision insurance premium for eligible employees and two-thirds (2/3) of the premium for eligible dependents.
7. The City shall provide term life insurance to full-time employees as follows:
a. The City will provide full-time employees with life insurance equal to a maximum of fifty thousand dollars ($50,000) per employee. b. The City will provide the City Manager with life insurance equal to a maximum of one hundred and fifty thousand dollars ($150,000).
8. The City shall provide short-term disability insurance for regular full-time employees up to sixty-seven percent (67%) of the employee’s weekly pre-disability earnings. However, the benefit shall not be more than two thousand dollars ($2,000.00) per week. Payment for any accident or sickness eligible under the short-term disability policy shall commence on the thirty-first (31st) day after the accident occurs or sickness commences and shall continue for no more than sixty (60) days.
ATTACHMENT D
RESOLUTION NO. 2023-20
9. The City shall provide long-term disability insurance for regular full-time employees up to sixty percent (60%) of the employee’s monthly pre-disability earnings.
However, the benefit shall not be more than five thousand dollars ($5,000) per month. If a disability qualifies under the long-term disability policy, benefits shall commence ninety (90) days after the accident occurs or sickness commences. An employee may not receive short-term disability insurance benefits and long-term disability insurance benefits at the same time.
10.In accordance with the California Labor Code, the City pays the rates for unemployment insurance for City employees as determined by the Employment Development Department.
11.Under the Workers’ Compensation Insurance Law of California, any employee injured on the job in the course of employment is entitled to disability compensation and medical care.
III. VACATION:
1. Employees occupying full-time positions shall accrue vacation according to the following schedule:
Months of Service Monthly Accrual Annual Accrual
1-60 8 96
61-120 12 144
121+ 16 192
2. Employees occupying part-time positions, who have completed one year of employment with the City, shall accrue vacation time expressed in working hours in accordance with the following:
Months of Service Monthly Accrual Annual Accrual
13-60 4 48
61-120 6 72
121+ 8 96
3. Department Heads and the City Manager are not eligible to accrue vacation.
4. Vacation will be credited bi-weekly on a prorated basis proportionate to a full working month. Upon separation from the City, employees shall be compensated at their then rate of pay for their accrued vacation to a maximum of 360 hours. The maximum number of vacation hours an employee can accrue at any time is 360 hours. An employee who has reached 360 accrued vacation hours will stop accruing hours and will resume accruing vacation hours only when the number of accrued vacation hours falls below the maximum 360 hours. Probationary
ATTACHMENT D
RESOLUTION NO. 2023-20
employees shall begin accrual of vacation leave effective on their first day of employment. New employees shall not be eligible to take vacation leave until completion of six (6) months of continuous service. Probationary employees may request exceptions to this policy, which may or may not be granted by the City Manager, in his/her discretion. Upon termination or resignation, the accrual of vacation for full-time employees will be pro-rated based on the number of hours worked during the final pay period. Upon termination or resignation, the accrual of vacation for eligible part-time employees will be pro-rated based on the number of weeks employed during the pay period.
IV. HOLIDAYS:
1. For pay purposes, the following holidays are recognized as municipal holidays for employees. Said employees shall receive these holidays off with pay:
New Year’s Day (January 1)
Martin Luther King’s Birthday (third Monday in January) President’s Day (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day (July 4)
Labor Day (1st Monday in September)
Veteran’s Day (November 11)
Thanksgiving Day (every 4th Thursday of November)
Christmas Eve (December 24)
Christmas Day (December 25)
New Year’s Eve Day (December 31)
*One (1) Floating Holiday (discretion of employee)
*Two (2) Floating holidays between December 26 December 30 *Floating Holiday must be taken during each fiscal year (July 1 through June 30).
Floating holidays must be approved in advance by the Department Head.
2. Timesheet Entry: When a floating holiday is accrued and used, or when a holiday is observed by the City, employees shall record on their timesheets the hours that correspond with their regular workday shift within their established workweek schedule (i.e., employees on the four ten-hour day workweek (4/10) will record 10 hours for a holiday; employees on the five eight-hour workweek (5/8) will record 8 hours for a holiday; and employees on the nine eight-hour day workweek (9/80) will record 9 hours or 8 hours for a holiday as applicable.)
ATTACHMENT D
RESOLUTION NO. 2023-20
a. In the event any of the above holidays fall on Sunday, the holiday will be observed on the following Monday.
b. If any of the above holidays falls on a Friday or Saturday, employees who work a Monday – Thursday (4/10) schedule, will accrue one day of floating holiday in their bank. Floating holiday hours will accrue in the same pay period as the actual holiday.
c. Employees who work on an alternate work schedule will accrue one (1) day of floating holiday leave if any holiday falls on the employees’ regularly scheduled day off. Floating holiday hours will accrue in the same pay period as the actual holiday.
3. Part-time employees, who have completed one year of employment with the City, shall receive five (5) hours of holiday pay for each holiday and floating holiday.
Holiday pay shall be computed at the employee’s basic hourly rate. Floating holiday hours will accrue in the same pay period as the actual holiday.
4. Employees must use accrued floating holiday hours by June 30 of each fiscal year, or the hours will be forfeited.
5. , Each regular full-time and eligible part-time employee shall be eligible for one (1) floating holiday, Section IV.1, of his or her choice to be scheduled with the approval of his/her Department Head. Floating holidays not used will be forfeited.
Employees will be credited with this one (1) day of floating holiday at the beginning of each fiscal year. The number of hours will correspond with their regular workday shift within their established workweek schedule as outlined in Timesheet Entry, IV.2. Floating holiday hours not used by June 30 will be forfeited.
6. City services will be closed each year from December 26 through December 30 for Winter Holiday Closure. The City will provide full-time employees and eligible part-time employees with additional floating holiday pay for two (2) days between December 26 and December 30 that are the employee’s normal working days per Resolution No. 2014-41. Employees shall record on their timesheets the hours that correspond with their regular workday shift within their established workweek schedule as outlined in Timesheet Entry, Section IV.2. Some City facilities, programs, and services may be required to remain open during this period as deemed necessary by the Department Head or City Manager.
V. LEAVES OF ABSENCE
ATTACHMENT D
RESOLUTION NO. 2023-20
1. Full-time employee sick leave with pay shall accrue at the rate of eight (8) hours for each calendar month for a total of 96 hours per fiscal year. Part-time employees shall accrue four (4) hours for each calendar month for a total of 48 hours per fiscal year. No employee may accumulate more than two hundred fifty (250) hours of sick leave. Upon separation, termination or retirement, there is no payout of unused sick leave for both full-time and part-time employees.
2. An employee shall be eligible for paid bereavement leave to receive necessary time off, not to exceed one (1) day in any one (1) instance, to arrange for or attend a funeral of a member of his/her immediate family. Immediate family shall mean father, father-in-law, mother, mother-in-law, stepparent, brother, brother-in-law, sister, sister-in-law, spouse, domestic partner, child, grandparent, grandchild, legal guardian, or legal ward. The first day of bereavement leave, in any one instance, shall be with pay and shall not be chargeable to any other leave balance. Upon request to and written approval by the City Manager, an employee may in certain circumstances be eligible to receive additional necessary time off, not to exceed a maximum of five (5) days in any one (1) instance. The four (4) additional days of bereavement leave, if approved, shall be with pay and chargeable to the employee’s sick leave balance.
3. Voting Leave shall be provided in accordance with the California election Code, Sections 14000 and 14001, if a registered voter employee does not have sufficient time outside regular working hours within which to vote at statewide elections, he/she may take off such working time as will enable him/her to vote. A maximum of two (2) hours may be taken with pay.
4. Employees called to serve jury duty will be granted a leave of absence for a total of up to eight (8) days in any one calendar year provided any and all consideration, except travel reimbursement, received for such services is relinquished to the City.
Fees for Jury duty performed during hours other than regularly scheduled working hours may be retained by the employee. Under special circumstances the City Manager, or designated representative(s), may authorize additional time if said time will not interfere or become a burden to City activities.
5. An employee who is called to answer a subpoena as a witness in any matter relating to City business during the employee’s work hours shall be compensated at his/her regular rate of pay for all hours of absence from work due to answering the subpoena, provided the employee shows proof of such subpoena and deposits witness fees received for such hours, exclusive of mileage, with the City. Fees for answering a subpoena as a witness during hours other than regularly scheduled working hours may be retained by the employee.
6. Military leave shall be provided as set forth in the applicable California and federal law. An employee entitled to military leave shall give his/her Department Head an
ATTACHMENT D
RESOLUTION NO. 2023-20
opportunity within the limits of military regulations to determine when such leave shall be taken. Prior to taking military leave, an employee, when possible, shall present a copy of his/her military orders to his/her Department Head. The Department Head shall advise the Personnel Officer of such military orders immediately.
7. A regular, part-time, or probationary employee shall be entitled to necessary time off with pay to participate in fitness tests, examinations and interviews required by the Personnel Officer during working hours for the purpose of determining eligibility for movement to another class or transfer from one position to another.
8. The Administrative Service Leave Program is designed for employees whose positions are characterized by: (1) a work time requirement which exceeds a normal workweek (2) mental application to work related matters during off duty hours (3) a continuing on-call status to address critical problems or issues (4) the inability of the incumbent to delegate all his/her work during vacations or other time off.
a. Administrative leave shall be provided on an annual basis to the following staff occupying these positions:
Position Hours
City Clerk 64
Code Enforcement/Parking Control Supervisor 40
Planning Manager 40
Human Resources Manager 40
Community Services Manager 40
Code Enforcement/Parking Control Manager 40
Administrative Services Manager 40
Accounting Manager 40
Public Works Manager 40
Building Official 40
Community Services Supervisor 40
Facilities Maintenance Supervisor 40
Assistant City Engineer 40
Assistant to the City Manager 40
Administrative Services Supervisor 40
Assistant Community and Economic
Development Director
40 b. Administrative leave shall be credited at the beginning of the fiscal year.
The City Manager shall have the discretion to increase the maximum amount of Administrative Service Leave, up to a maximum amount of sixtyfour (64) hours to the employees listed above. All Administrative Service
ATTACHMENT D
RESOLUTION NO. 2023-20
Leave should be used within the fiscal year in which it is granted. Any Administrative Service Leave remaining at the end of the fiscal year will carry over to the following year, but will decrease the amount of Administrative Service Leave that is credited for the following fiscal year. c. Employees eligible for overtime pay may not participate in the Administrative Service Leave program.
9. Comprehensive Leave, in lieu of sick, vacation, administrative, or other paid leave, shall be provided on an annual basis to the following staff occupying these positions:
Position Hours
Administrative Services Director 300
Assistant City Manager 300
City Manager 400
Community & Economic Development Director 300
Community Services Director 300
Finance Director 300
Public Works Director/City Engineer 300
Public Safety Services Director 300
a. Every June 30th during the term of the employment agreement, Employee shall be paid at his/her then current rate of pay for all accumulated leave up to the maximum per his/her employment agreement. On July 1st of each year during the term of the employment agreement, the total amount of comprehensive leave available to the employee shall be replenished to reach the maximum comprehensive leave accumulation limit provided above.
10.In compliance with the California Moore-Roberti Family Rights Act of 1991 (CFRA) and the Federal Family and Medical Leave Act of 1993 (FMLA), the City will provide up to 12 weeks in any rolling 12-month period, unpaid, job-protected medical leave to eligible employees, certain family members or “designated person” as defined by Government Code Section 12945.2, and in accordance with the City’s Personnel Rules Handbook.
11.A female employee disabled by pregnancy, childbirth or related medical conditions may take up to four (4) months of unpaid pregnancy disability leave per pregnancy, in addition to any family care or medical leave to which the employee may be entitled, in accordance with the City’s Personnel Rules Handbook.
12.The City may, at the discretion of the City Manager, grant an employee a leave of absence without pay for a period not to exceed six (6) months when an employee has exhausted all of his/her paid leaves. After the initial six (6) months, the
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RESOLUTION NO. 2023-20
Personnel Officer, in his/her discretion, may extend the leave for up to an additional three (3) months. However, unless otherwise required by law, in no circumstances shall the unpaid leave last longer than one (1) year. Leave without pay and without benefits is intended for unusual circumstances and approval will be evaluated based on the impact to departmental functions and work force levels.
VI. OVERTIME:
1. Employees designated as exempt are exempt from receiving overtime compensation.
2. Employees classified as non-exempt shall be paid at the rate of one and one-half (1½) times their regular rate of pay for all hours actually worked in excess of forty (40) hours during the normal workweek. Overtime is paid in increments of 30 minutes. Time worked shall be rounded off as one (1) hour for 45 minutes and onehalf (1/2) hour for 15 minutes. Overtime shall not accrue until the affected employee has worked at least forty (40) hours during a workweek. No overtime will accrue during any scheduled closure of City Hall if the affected employee is scheduled to work during such period except where the employee works more than forty (40) hours during a workweek.
VII. MISCELLANEOUS BENEFITS:
1. Automobile allowance shall be provided on a monthly basis to the following staff occupying these positions:
Position Amount
Administrative Services Director $300
Assistant City Manager $300
City Manager $400
Community and Economic Development Director $300
Community Services Director $300
Finance Director $300
Public Works Director/City Engineer $300
Public Safety Services Director $300
2. All regular and probationary full-time and part-time employees, who use one (1) or more alternative transportation methods (including carpool, vanpool, public transportation, bicycle, or walking) to get to and from work at least four (4) days for a calendar month, are eligible to receive an incentive of five dollars ($5.00) per day. Department Heads elected and appointed officials, temporary and contractual employees, volunteers, and any person who receives an automobile or transportation stipend from the City are excluded from participation in this program.
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RESOLUTION NO. 2023-20
3. Cell phone allowance shall be provided on a monthly basis to the following staff occupying these positions:
Position Amount
Administrative Services Director $100
Assistant City Manager $100
City Manager $100
Community & Economic Development Director $100
Community Services Director $100
Finance Director $100
Public Works Director/City Engineer $100
Public Safety Services Director $100
4. The City shall provide employees who are required to utilize a cellular phone for business related purposes and do not receive a cell phone allowance with a City paid cellular telephone as deemed appropriate by the City Manager. The policy is to use this City issued phone for City business only.
5. Employees who have reached three hundred fifty (350) hours of vacation accumulation may sell back vacation time to the City on the basis of two vacation hours for each vacation hour taken off by the employee during that fiscal year (July 1st through June 30th), up to a sell-back limit of eighty (80) hours. The sell back of vacation time shall be limited to one time during the fiscal year.
6. The City shall provide full-time employees a flexible spending account program for eligible health care and dependent care expenses.
7. The City shall offer employees additional voluntary health, dental, life insurance coverage plan options.
8. The City shall offer employees a Deferred Compensation Program. Participation is voluntary and the City does not match or contribute to employees’ plan.
9. The City shall provide an Employee Assistance Program available to employees and their dependent family members.
10.The City shall provide a Sick Leave Incentive for the Prudent Use of Sick Leave. a. Regular full-time Regular full-time employees, who have used thirty (30) hours or less of sick leave during the prior fiscal year, shall be credited with twenty (20) vacation hours at the start of the new fiscal year. b. Regular full-time employees, who have used more than thirty (30) hours but not more than sixty (60) hours of sick leave during the prior fiscal year, shall be credited with ten (10) vacation hours at the start of the new fiscal year.
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RESOLUTION NO. 2023-20
c. Part-time employees, who have completed one year of employment with the City, and who have used fifteen (15) hours or less of sick leave during the prior fiscal year, shall be credited with ten (10) vacation hours at the start of the new fiscal year.
d. Part-time employees, who have completed one year of employment with the City, and who have used more than fifteen (15) hours but not more than thirty (30) hours of sick leave during the prior fiscal year, shall be credited with five (5) vacation hours at the start of the new fiscal year.
11.Regular employees and part-time employees who have been employed for one (1) year are eligible for educational expense reimbursement. Education reimbursement shall be limited to one thousand two hundred and fifty dollars ($1,250.00) per fiscal year per regular employee. Part-time employees are entitled to up to six hundred and twenty-five dollars ($625.00) per fiscal year per employee.
Education reimbursement may include books and tuition and shall not be made until such time as proper documentation is received by the Personnel Officer.
Reimbursement shall not be made is proper documentation is not submitted within sixty (60) days of completion of the course. Employees who terminate their employment prior to the completion of the authorized course work or prior to the receipt of a payment under this program will not be eligible for any reimbursement for such course work under this program. Employees who terminate employment within one year of the completion of the course will reimburse the City the funds used upon separation.
12.The City shall provide bilingual pay to employees assigned to regularly and frequently speak and/or translate a second language in the amount of forty-six dollars and sixteen cents ($46.16) for full-time employees and twenty-three dollars and eight cents ($23.08) for part-time employees, per pay period for each pay period such assignment continues.
13.The City shall provide an employee computer purchase program. Employees can avail of the opportunity to purchase a personal computer with an interest-free twoyear loan. Full-time employees, who have completed the one-year probationary period or part-time employees who have been employed with the City for over one year, are eligible to participate in this program.
14.The City will provide uniforms (pants and work shirts) for any employee who is required to wear a uniform as a condition of his/her employment.
15.The City shall provide a maximum of two hundred dollars ($200.00) per year for the reimbursement of safety shoes for any employee who is required to wear safety shoes as a condition of his/her employment.
16.For those not provided with an auto allowance, the City will reimburse an employee the current Internal Revenue Service mileage rate in effect per mile driven for
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authorized use of an employee’s private vehicle on City business. Employees that receive an auto allowance are not eligible for mileage reimbursement and must have a private vehicle available for use on City business.
17.Each employee assigned to on-call duty shall receive two (2) hours pay at thirtyfive dollars ($35.00) per hours for each week such duty is performed. On call duty is defined as that period of time other than regularly scheduled work time during which an employee is subject to call-out to provide services which are the responsibility of the department in which he/she is employed.
18.If an employee, who is not in the Administrative Service, is called back after 10:00 p.m. because of a request made, and the employee has completed his/her normal work shift and left the workstation, he/she is entitled to two (2) hours minimum of call-back pay. If an employee is called back between the end of their shift (4:30 p.m. for City Yard and 6:00 p.m. for Civic Center) and 10:00 p.m., the employee will receive one (1) hour minimum of call-back pay. If an employee is called back on his/her normal day off, he/she is entitled to two (2) hours minimum of call back pay. All payments for call-back pay shall be paid at the regular rate of pay unless such additional hours are in excess of forty (40) for the employee’s workweek wherein he/she will receive payment at one and one-half (1½) times the regular rate of pay.
19.The City shall continue to provide vacation in lieu (grandfathered benefit) pay in the amount of $520 per year to eligible employees as authorized prior to 1989.
Section 4. The City expressly reserves the right, in its sole discretion, at any time and from time to time, but upon a non-discriminatory basis, to amend or rescind any provision of this Resolution or any benefits or salary provisions, or to terminate any benefits or salary provisions. Such changes may apply to current and/or future employees, retirees, or their family members. All benefits in this Resolution shall be reviewed annually in their entirety.
Section 5. This Resolution shall become effective immediately upon its passage.
Section 6. The City Clerk shall certify to the adoption of this Resolution.
ADOPTED, SIGNED AND APPROVED this 13th day of June, 2023.
DAVID J. SHAWVER, MAYOR
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RESOLUTION NO. 2023-20
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:
I, Patricia Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-20 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 June 13, 2023, and that the same was adopted, signed, and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICIA VAZQUEZ, CITY CLERK
ATTACHMENT D
EXHIBIT A
Salary
Grade
Hourly Step
A
Monthly
Step A
Hourly Step
B
Monthly
Step B
Hourly Step
C
Monthly
Step C
Hourly Step
D
Monthly
Step D
Hourly Step
E
Monthly
Step E
Hourly Step
F
Monthly
Step F
1A 17.01000 $ 2,948.40 $ 17.86050 $ 3,095.82 $ 18.75353 $ 3,250.61 $ 19.69118 $ 3,413.14 $ 20.67576 $ 3,583.80 $ 21.70959 $ 3,763.00 $ 1 20.44245 $ 3,543.36 $ 21.46452 $ 3,720.52 $ 22.53773 $ 3,906.54 $ 23.66469 $ 4,101.88 $ 24.84783 $ 4,306.96 $ 26.09030 $ 4,522.32 $ 2 20.95349 $ 3,631.94 $ 22.00118 $ 3,813.54 $ 23.10116 $ 4,004.20 $ 24.25626 $ 4,204.42 $ 25.46912 $ 4,414.65 $ 26.74256 $ 4,635.38 $ 3 21.47733 $ 3,722.74 $ 22.55117 $ 3,908.87 $ 23.67876 $ 4,104.32 $ 24.86264 $ 4,309.52 $ 26.10584 $ 4,525.01 $ 27.41109 $ 4,751.26 $ 4 22.01420 $ 3,815.79 $ 23.11491 $ 4,006.58 $ 24.27065 $ 4,206.91 $ 25.48424 $ 4,417.27 $ 26.75841 $ 4,638.12 $ 28.09632 $ 4,870.03 $ 5 22.56461 $ 3,911.20 $ 23.69283 $ 4,106.76 $ 24.87744 $ 4,312.09 $ 26.12138 $ 4,527.71 $ 27.42737 $ 4,754.08 $ 28.79877 $ 4,991.79 $ 6 23.12867 $ 4,008.97 $ 24.28514 $ 4,209.42 $ 25.49936 $ 4,419.89 $ 26.77437 $ 4,640.89 $ 28.11312 $ 4,872.94 $ 29.51876 $ 5,116.58 $ 7 23.70690 $ 4,109.20 $ 24.89225 $ 4,314.66 $ 26.13692 $ 4,530.40 $ 27.44375 $ 4,756.92 $ 28.81589 $ 4,994.75 $ 30.25670 $ 5,244.49 $ 8 24.29963 $ 4,211.94 $ 25.51458 $ 4,422.53 $ 26.79033 $ 4,643.66 $ 28.12982 $ 4,875.83 $ 29.53629 $ 5,119.62 $ 31.01312 $ 5,375.61 $ 9 24.90705 $ 4,317.22 $ 26.15246 $ 4,533.09 $ 27.46002 $ 4,759.74 $ 28.83311 $ 4,997.74 $ 30.27476 $ 5,247.62 $ 31.78844 $ 5,510.00 $ 10 25.52981 $ 4,425.17 $ 26.80629 $ 4,646.42 $ 28.14662 $ 4,878.75 $ 29.55393 $ 5,122.68 $ 31.03160 $ 5,378.81 $ 32.58318 $ 5,647.75 $ 11 26.16800 $ 4,535.79 $ 27.47640 $ 4,762.58 $ 28.85022 $ 5,000.70 $ 30.29271 $ 5,250.74 $ 31.80734 $ 5,513.27 $ 33.39777 $ 5,788.95 $ 12 26.82225 $ 4,649.19 $ 28.16331 $ 4,881.64 $ 29.57147 $ 5,125.72 $ 31.05008 $ 5,382.01 $ 32.60261 $ 5,651.12 $ 34.23273 $ 5,933.67 $ 13 27.49278 $ 4,765.42 $ 28.86744 $ 5,003.69 $ 30.31077 $ 5,253.87 $ 31.82634 $ 5,516.57 $ 33.41762 $ 5,792.39 $ 35.08848 $ 6,082.00 $ 14 28.18011 $ 4,884.55 $ 29.58911 $ 5,128.78 $ 31.06856 $ 5,385.22 $ 32.62193 $ 5,654.47 $ 34.25310 $ 5,937.20 $ 35.96576 $ 6,234.06 $ 15 28.88456 $ 5,006.66 $ 30.32883 $ 5,257.00 $ 31.84524 $ 5,519.84 $ 33.43757 $ 5,795.84 $ 35.10938 $ 6,085.63 $ 36.86487 $ 6,389.91 $ 16 29.60675 $ 5,131.84 $ 31.08704 $ 5,388.42 $ 32.64135 $ 5,657.83 $ 34.27347 $ 5,940.73 $ 35.98718 $ 6,237.78 $ 37.78646 $ 6,549.65 $ 17 30.34689 $ 5,260.13 $ 31.86425 $ 5,523.14 $ 33.45741 $ 5,799.28 $ 35.13027 $ 6,089.25 $ 36.88682 $ 6,393.71 $ 38.73114 $ 6,713.40 $ 18 31.10552 $ 5,391.62 $ 32.66078 $ 5,661.20 $ 34.29384 $ 5,944.27 $ 36.00860 $ 6,241.49 $ 37.80893 $ 6,553.55 $ 39.69945 $ 6,881.24 $ 19 31.88315 $ 5,526.41 $ 33.47736 $ 5,802.74 $ 35.15117 $ 6,092.87 $ 36.90876 $ 6,397.52 $ 38.75424 $ 6,717.40 $ 40.69191 $ 7,053.26 $ 20 32.68031 $ 5,664.59 $ 34.31432 $ 5,947.81 $ 36.03002 $ 6,245.20 $ 37.83150 $ 6,557.46 $ 39.72308 $ 6,885.33 $ 41.70926 $ 7,229.60 $ 21 33.49731 $ 5,806.20 $ 35.17217 $ 6,096.51 $ 36.93071 $ 6,401.32 $ 38.77724 $ 6,721.39 $ 40.71617 $ 7,057.47 $ 42.75191 $ 7,410.33 $ 22 34.33469 $ 5,951.35 $ 36.05144 $ 6,248.92 $ 37.85397 $ 6,561.35 $ 39.74670 $ 6,889.43 $ 41.73404 $ 7,233.90 $ 43.82070 $ 7,595.59 $ 23 35.19306 $ 6,100.13 $ 36.95276 $ 6,405.14 $ 38.80034 $ 6,725.39 $ 40.74032 $ 7,061.65 $ 42.77742 $ 7,414.75 $ 44.91627 $ 7,785.49 $ 24 36.07286 $ 6,252.63 $ 37.87655 $ 6,565.27 $ 39.77033 $ 6,893.52 $ 41.75892 $ 7,238.21 $ 43.84685 $ 7,600.12 $ 46.03914 $ 7,980.12 $ 25 36.97470 $ 6,408.95 $ 38.82344 $ 6,729.40 $ 40.76457 $ 7,065.86 $ 42.80283 $ 7,419.16 $ 44.94294 $ 7,790.11 $ 47.19015 $ 8,179.63 $ 26 37.89912 $ 6,569.18 $ 39.79406 $ 6,897.64 $ 41.78370 $ 7,242.51 $ 43.87289 $ 7,604.63 $ 46.06655 $ 7,984.87 $ 48.36993 $ 8,384.12 $ 27 38.84654 $ 6,733.40 $ 40.78893 $ 7,070.08 $ 42.82835 $ 7,423.58 $ 44.96972 $ 7,794.75 $ 47.21819 $ 8,184.49 $ 49.57911 $ 8,593.71 $ 28 39.81768 $ 6,901.73 $ 41.80859 $ 7,246.82 $ 43.89903 $ 7,609.17 $ 46.09395 $ 7,989.62 $ 48.39870 $ 8,389.11 $ 50.81864 $ 8,808.56 $ 29 40.81319 $ 7,074.29 $ 42.85386 $ 7,428.00 $ 44.99649 $ 7,799.39 $ 47.24633 $ 8,189.36 $ 49.60862 $ 8,598.83 $ 52.08914 $ 9,028.78 $ 30 41.83347 $ 7,251.13 $ 43.92518 $ 7,613.70 $ 46.12146 $ 7,994.39 $ 48.42747 $ 8,394.09 $ 50.84888 $ 8,813.81 $ 53.39135 $ 9,254.50 $ EXHIBIT "A"
EXHIBIT A
Salary
Grade
Hourly Step
A
Monthly
Step A
Hourly Step
B
Monthly
Step B
Hourly Step
C
Monthly
Step C
Hourly Step
D
Monthly
Step D
Hourly Step
E
Monthly
Step E
Hourly Step
F
Monthly
Step F
EXHIBIT "A"
31 42.87938 $ 7,432.43 $ 45.02327 $ 7,804.03 $ 47.27447 $ 8,194.24 $ 49.63823 $ 8,603.96 $ 52.12011 $ 9,034.15 $ 54.72611 $ 9,485.86 $ 32 43.95132 $ 7,618.23 $ 46.14887 $ 7,999.14 $ 48.45635 $ 8,399.10 $ 50.87912 $ 8,819.05 $ 53.42306 $ 9,260.00 $ 56.09426 $ 9,723.00 $ 33 45.05015 $ 7,808.69 $ 47.30261 $ 8,199.12 $ 49.66773 $ 8,609.07 $ 52.15109 $ 9,039.52 $ 54.75866 $ 9,491.50 $ 57.49664 $ 9,966.08 $ 34 46.17638 $ 8,003.91 $ 48.48512 $ 8,404.09 $ 50.90946 $ 8,824.31 $ 53.45487 $ 9,265.51 $ 56.12765 $ 9,728.79 $ 58.93398 $ 10,215.22 $ 35 47.33075 $ 8,204.00 $ 49.69734 $ 8,614.21 $ 52.18217 $ 9,044.91 $ 54.79131 $ 9,497.16 $ 57.53087 $ 9,972.02 $ 60.40734 $ 10,470.61 $ 36 48.51399 $ 8,409.09 $ 50.93970 $ 8,829.55 $ 53.48669 $ 9,271.03 $ 56.16104 $ 9,734.58 $ 58.96905 $ 10,221.30 $ 61.91756 $ 10,732.38 $ 37 49.72685 $ 8,619.32 $ 52.21325 $ 9,050.30 $ 54.82386 $ 9,502.80 $ 57.56510 $ 9,977.95 $ 60.44336 $ 10,476.85 $ 63.46547 $ 11,000.68 $ 38 50.97005 $ 8,834.81 $ 53.51850 $ 9,276.54 $ 56.19443 $ 9,740.37 $ 59.00423 $ 10,227.40 $ 61.95441 $ 10,738.76 $ 65.05212 $ 11,275.70 $ 39 52.24433 $ 9,055.68 $ 54.85652 $ 9,508.46 $ 57.59933 $ 9,983.88 $ 60.47927 $ 10,483.07 $ 63.50327 $ 11,007.23 $ 66.67847 $ 11,557.60 $ 40 53.55042 $ 9,282.07 $ 56.22792 $ 9,746.17 $ 59.03930 $ 10,233.48 $ 61.99127 $ 10,745.15 $ 65.09087 $ 11,282.42 $ 68.34545 $ 11,846.54 $ 41 54.88917 $ 9,514.12 $ 57.63366 $ 9,989.83 $ 60.51528 $ 10,489.32 $ 63.54107 $ 11,013.78 $ 66.71816 $ 11,564.48 $ 70.05401 $ 12,142.69 $ 42 56.26142 $ 9,751.98 $ 59.07447 $ 10,239.57 $ 62.02823 $ 10,751.56 $ 65.12961 $ 11,289.13 $ 68.38608 $ 11,853.59 $ 71.80541 $ 12,446.27 $ 43 57.66789 $ 9,995.77 $ 60.55130 $ 10,495.56 $ 63.57887 $ 11,020.34 $ 66.75785 $ 11,571.36 $ 70.09569 $ 12,149.92 $ 73.60049 $ 12,757.42 $ 44 59.10965 $ 10,245.67 $ 62.06508 $ 10,757.95 $ 65.16836 $ 11,295.85 $ 68.42682 $ 11,860.65 $ 71.84814 $ 12,453.68 $ 75.44051 $ 13,076.35 $ 45 60.58742 $ 10,501.82 $ 63.61677 $ 11,026.91 $ 66.79754 $ 11,578.24 $ 70.13748 $ 12,157.16 $ 73.64427 $ 12,765.01 $ 77.32652 $ 13,403.26 $ 46 62.10204 $ 10,764.35 $ 65.20721 $ 11,302.58 $ 68.46756 $ 11,867.71 $ 71.89088 $ 12,461.09 $ 75.48545 $ 13,084.14 $ 79.25967 $ 13,738.34 $ 47 63.65457 $ 11,033.46 $ 66.83733 $ 11,585.14 $ 70.17917 $ 12,164.39 $ 73.68816 $ 12,772.61 $ 77.37261 $ 13,411.25 $ 81.24123 $ 14,081.81 $ 48 65.24595 $ 11,309.30 $ 68.50830 $ 11,874.77 $ 71.93372 $ 12,468.51 $ 75.53039 $ 13,091.93 $ 79.30692 $ 13,746.53 $ 83.27225 $ 14,433.86 $ 49 66.87713 $ 11,592.04 $ 70.22096 $ 12,171.63 $ 73.73205 $ 12,780.22 $ 77.41860 $ 13,419.22 $ 81.28953 $ 14,090.19 $ 85.35408 $ 14,794.71 $ 50 68.54904 $ 11,881.83 $ 71.97645 $ 12,475.92 $ 75.57533 $ 13,099.72 $ 79.35407 $ 13,754.70 $ 83.32181 $ 14,442.45 $ 87.48789 $ 15,164.57 $ 51 70.26275 $ 12,178.88 $ 73.77594 $ 12,787.83 $ 77.46470 $ 13,427.21 $ 81.33794 $ 14,098.58 $ 85.40480 $ 14,803.50 $ 89.67504 $ 15,543.67 $ 52 72.01929 $ 12,483.34 $ 75.62027 $ 13,107.51 $ 79.40132 $ 13,762.89 $ 83.37137 $ 14,451.04 $ 87.53997 $ 15,173.59 $ 91.91700 $ 15,932.28 $ 53 73.81983 $ 12,795.44 $ 77.51079 $ 13,435.20 $ 81.38634 $ 14,106.97 $ 85.45572 $ 14,812.32 $ 89.72849 $ 15,552.94 $ 94.21493 $ 16,330.59 $ *Monthly Salary are approximate rates based on the hourly conversion.
Council Approved: June 13, 2023 (Resolution 2023-20)
EXHIBIT “B”
City of Stanton
Monthly Salary Schedule
Effective July 2, 2023
RANGE NO. POSITION/MONTHLY SALARY
STEP A B C D E F
17.01 17.86 18.75 19.69 20.68 21.72
2948 3096 3251 3413 3584 3764
1A Intern
Park Ranger
Recreation Leader
20.44 21.46 22.54 23.66 24.85 26.09
3543 3721 3907 4102 4307 4523
1 Administrative Clerk
Facilities Maintenance Worker I
Senior Recreation Leader
20.95 22.00 23.10 24.26 25.47 26.75
3632 3814 4004 4204 4415 4636
2 Code Enforcement Technician
22.56 23.69 24.88 26.12 27.43 28.80
3911 4107 4312 4528 4754 4992
5 Senior Administrative Clerk
24.30 25.51 26.79 28.13 29.54 31.01
4212 4423 4644 4876 5120 5375
8 Facilities Maintenance Worker II
25.53 26.81 28.15 29.55 31.03 32.58
4425 4646 4879 5123 5379 5647
10 Departmental Assistant
Marketing Assistant
Parking Control/Code Enforcement Specialist
Permit Technician
26.82 28.16 29.57 31.05 32.60 34.23
4649 4882 5126 5382 5651 5934
12 Business License Specialist
Planning Technician
13 27.49 28.87 30.31 31.83 33.42 35.09
4765 5004 5254 5517 5792 6082
Senior Facilities Maintenance Worker
*Monthly Salary are approximate rates based on the hourly conversion.
Council Approved: June 13, 2023 (Resolution 2023-20)
RANGE NO. POSITION/MONTHLY SALARY
STEP A B C D E F
29.61 31.09 32.64 34.27 35.99 37.78
5132 5388 5658 5941 6238 6549
16 Administrative Services Coordinator
Community Services Coordinator
Outreach Coordinator 31.11 32.66 34.29 36.01 37.81 39.70 5392 5661 5944 6241 6554 6881
18 Building Inspector
Engineering Assistant
31.88 33.48 35.15 36.91 38.75 40.69
5526 5803 6093 6398 6717 7054
19 Administrative Services Supervisor
Code Enforcement Officer
Senior Accounting Technician
20 32.68 34.31 36.03 37.83 39.72 41.71
5665 5948 6245 6557 6885 7229
Management Analyst
33.50 35.17 36.93 38.78 40.72 42.75
5806 6097 6401 6721 7057 7410
21 Assistant Planner
Economic Development Specialist
Housing Specialist
34.33 36.05 37.85 39.75 41.73 43.82
5951 6249 6561 6889 7234 7596
22 Accountant
Public Works Inspector
36.97 38.82 40.76 42.80 44.94 47.19
6409 6729 7066 7419 7790 8180
25 Information Technology Specialist
37.90 39.79 41.78 43.87 46.07 48.37
6569 6898 7243 7605 7985 8384
26 Associate Planner
Code Enforcement/Parking Control Supervisor
Community Services Supervisor
Facilities Maintenance Supervisor
Housing Associate
Human Resources/Risk Management Analyst
*Monthly Salary are approximate rates based on the hourly conversion.
Council Approved: June 13, 2023 (Resolution 2023-20)
40.81 42.85 45.00 47.25 49.610 52.09
7074 7428 7799 8189 8599 9029
29 Associate Engineer
42.88 45.02 47.27 49.64 52.12 54.73
7432 7804 8194 8604 9034 9486
31 Senior Public Works Inspector
RANGE NO. POSITION/MONTHLY SALARY
STEP A B C D E F
33 45.05 47.30 49.67 52.15 54.76 57.49
7809 8199 8609 9040 9492 9966
Civil Engineer
Senior Planner
47.33 49.70 52.18 54.79 57.53 60.40
8204 8614 9045 9497 9972 10470
35 Accounting Manager
Administrative Services Manager
Assistant to the City Manager
Building Official
Code Enforcement/Parking Control Manager
Community Services Manager
Human Resources Manager
Planning Manager
Public Works Manager
48.51 50.94 53.49 56.16 58.97 61.92
8409 8830 9271 9735 10221 10732
36 City Clerk
57.67 60.55 63.58 66.76 70.10 73.60
9996 10496 11020 11571 12150 12757
43 Assistant City Engineer
Assistant Community and Economic
Development Director
68.55 71.98 75.58 79.35 83.32 87.49
11882 12476 13100 13755 14442 15164
50 Administrative Services Director
Community & Economic Development Director
Community Services Director
Finance Director
Public Works Director/City Engineer
Public Safety Services Director
73.82 77.51 81.39 85.46 89.73 94.21
12795 13435 14107 14812 15553 16330
*Monthly Salary are approximate rates based on the hourly conversion.
Council Approved: June 13, 2023 (Resolution 2023-20)
53 Assistant City Manager
The annual salary for the City Manager is current $230,000 ($19,167/mo.) effective 7/18/2022.
Pending a satisfactory performance evaluation, the annual salary for the City Manager will be $243,800 ($20,317/mo.) effective 7/2/2023.
The monthly salary for City Council Members is $850, effective 3/5/2017.
Revision Effective Dates: 11/28/2012 04/25/2018 06/09/2020 07/01/2022 03/10/2015 06/12/2018 07/14/2020 07/18/2022
05/12/2015 09/11/2018 01/01/2021 07/02/2023
03/05/2017 03/18/2019 07/01/2021
04/25/2017 09/24/2019 09/14/2021
06/27/2017 11/12/2019 01/01/2022
09/12/2017 01/01/2020 03/27/2022
02/27/2018 03/24/2020 05/16/2022
RESOLUTION NO. 2023-22
RESOLUTION NO. 2023-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA
ADOPTING ITS ARTICLE XIIIB APPROPRIATION LIMITATION (GANN LIMITATION) FOR FISCAL YEAR 2023/24
WHEREAS, on November 6, 1979, the voters of California added Article XIIIB to the State Constitution placing various limitations on the appropriation of the State and local governments; and
WHEREAS, Article XIIIB provides that the appropriation limit for Fiscal Year 2023/24 should not exceed the City of Stanton’s appropriation limit for Fiscal Year 2023/24, adjusted for inflationary and population changes; and
WHEREAS, the City Council may choose to use the following as adjustment factors: (1) the annual growth in California per capita personal income or the growth in non-residential assessed valuation due to new construction within the city, and (2) population growth in the City of Stanton or population growth in the County of Orange, as provided by the State Department of Finance; and
WHEREAS, the information necessary for making these adjustments is attached as Exhibit A; and
WHEREAS, the City of Stanton has compiled with all the provisions of Article XIIIB and amendments thereto per Proposition 111 in determining the appropriations limit for Fiscal Year 2023/24.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, DOES RESOLVE, DECLARE DETERMINE, AND ORDER AS FOLLOWS:
Section 1. The City Council finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
Section 2. The appropriations limitation for Fiscal Year 2023/24 is $77,047,852 as shown in attached Exhibit A; and,
Section 3. The amount of appropriations of the City of Stanton for Fiscal Year 2023/24 that are subject to the limitation are $26,290,642; and, Section 4. The appropriations of the City of Stanton for Fiscal Year 2023/24 do not exceed the limitation.
Section 5. The City Clerk shall certify to the adoption of this Resolution.
ATTACHMENT E
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RESOLUTION NO. 2023-22
ADOPTED, SIGNED AND APPROVED this 13th day of June, 2023.
DAVID J. SHAWVER, MAYOR
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. 2023-22 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 June 13, 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
ATTACHMENT E
EXHIBIT A
FY 2023/24 APPROPRIATION LIMITATION CALCULATION
FY 2022/23 Limitation $73,589,161
x Annual adjustment factors:
Population increase (for City of Stanton) 0.25% 1.0025
Inflation charges (California personal income) 4.44% x 1.0444 Combining adjustment factors 1.0470
2023/24 Limitation $77,047,852
APPROPRIATIONS SUBJECT TO LIMITATION AND APPROPRIATIONS MARGIN:
Budgeted appropriation FY 2023/24 $40,958,295
Less exclusions (non-proceeds of taxes) (9,426,818)
Increase (decrease) in fund balance (5,240,835)
Total appropriations subject to limitation $26,290,642
Appropriations margin $50,757,210
EXHIBIT A
Resolution No. 2023-23
RESOLUTION NO. 2023-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, APPROVING THE CITY OF STANTON RESERVE POLICY FOR FISCAL YEAR 2023/24 WHEREAS, in June 2011, the City Council of the City of Stanton adopted Resolution No. 2011-34, establishing a commitment of fund balance for a General Fund3Emergency Disaster Contingency; and,
WHEREAS, in March 2017, the City Council of the City of Stanton approved Resolution No. 2017-10 which approved the General Fund Reserve Policy that established committed reserves of fund balance for unforeseen expenditures as well as anticipated future expenditures that require ongoing funding for significant future outlays; and WHEREAS, in June 2021, the City Council of the City of Stanton approved Resolution No. 2021-23 that established reserves in additional City funds; and, WHEREAS, the Reserve Policy calls for City Council to review and approve the policy and reserve levels during the budget process; and,
WHEREAS, the Reserve Policy is attached to this resolution as Exhibit A.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
SECTION 2. The City of Stanton Reserve Policy as attached as Exhibit A is hereby approved and adopted.
SECTION 3. The City Clerk shall certify as to the adoption of this Resolution.
ATTACHMENT F
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Resolution No. 2023-23
ADOPTED, SIGNED AND APPROVED this 13th day of June, 2023.
DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF STANTON )
ATTEST:
ATTEST:
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-23 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 June 13, 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
ATTACHMENT F
CITY OF STANTON
RESERVE FUND POLICY
I. BACKGROUND/ PURPOSE
The City of Stanton provides a wide range of services that impact the public safety and the quality of life of its residents and community members every day. Appropriate reserves are a key attribute of a financially stable organization and are an important component of the City’s overall financial health. Strong reserves position an organization to weather significant economic downturns more effectively, manage the consequences of outside agency actions that may result in revenue reductions, and address unexpected emergencies. Establishing a formalized Reserve Policy (the “Policy”) will serve as the framework to enable the City to meet its financial commitments and address unexpected future events in a fiscally prudent manner.
The purpose of this policy is to document the City’s approach to establishing and maintaining strong reserves. The guidelines set forth will better enable the City to mitigate various risks, which could result in a shortfall of available money to meet the basic services and needs of the City. Examples of risks include natural disasters, such as earthquakes, storms, floods, and unexpected shortfalls in revenue sources, such as property taxes and sales taxes.
This policy is designed to:
1. Identify funds for which reserves should be established and maintained.
2. Establish target reserve levels and a methodology for determining levels.
3. Establish criteria for the use of reserves and mechanisms to replenish reserves.
II. PERIODIC REVIEW
This Reserve Policy and the appropriate level of reserves are to be reviewed and approved by City Council at least during the budget process. The Finance Department will continue to monitor reserve and investment balances year-round to maintain healthy reserve levels.
III. USE OF RESERVE FUNDS
Reserve balances will be reviewed on an annual basis at, or near, the end of the fiscal year to ensure compliance with this Policy. In the event that the reserves exceed the established targets, excess monies can be transferred annually to the Capital Reserve.
On an as-needed basis, money from the Capital Reserve can be used to supplement the Emergency Disaster Contingency Reserve to cover any shortfalls created by a public emergency or natural disaster.
The following committed reserves have been designed by the City in the event of unforeseen expenditures as well as to establish funding for anticipated future
EXHIBIT A
CITY OF STANTON
RESERVE FUND POLICY
expenditures that require ongoing funding for significant future outlays. These committed balances are established by a resolution of the City Council and cannot be changed except by a similar subsequent City Council action. Recommendations to appropriate from any of these reserves will be brought forward by the City Manager and will require approval by a majority of the City Council. In the event any of these reserve balances are reduced below the target amounts established by this Policy, the City Council shall prepare a plan as promptly as conditions warrant to replenish the balance to the Policy’s levels. The committed reserves are presented as follows:
A. Economic Uncertainty Reserve
• Purpose: These funds are committed to mitigate economic uncertainties, local disasters, and other financial hardships or downturns in the local or national economy.
• Target Level: The City’s target will be 20% (rounded to the next $100,000) of the General Fund operating expenditures, in accordance with the recommendation of the Government Finance Officers Association (GFOA). • Events or Conditions Prompting Its Use: This reserve may be utilized as needed to pay outstanding operating expenditures due to budgeted revenue shortfalls. Use may include, but is not limited to:
o Significant decrease in property, sales, or transactions and use tax, or other revenues.
o Reductions in revenue due to actions by the state/federal government.
B. Equipment and Maintenance Reserve
• Purpose: These funds are committed to provide funding for non-scheduled capital asset repair and replacement.
• Target Level: $150,000.
• Events or Conditions Prompting Its Use: This reserve may be utilized for the timely replacement or repair of City equipment or facilities costing more than $15,000.
C. Technology Equipment Reserve
• Purpose: These funds are committed to provide funding for the timely replacement of technology equipment.
• Target Level: $150,000.
• Events or Conditions Prompting Its Use: This reserve may be utilized in the event of an unplanned failure of IT equipment.
EXHIBIT A
CITY OF STANTON
RESERVE FUND POLICY
D. Vehicle Replacement Reserve
• Purpose: These funds are committed to provide funding for the timely replacement of vehicles. This reserve will be held in the City’s Fleet Maintenance Internal Service Fund.
• Target Level: $100,000.
• Events or Conditions Prompting Its Use: This reserve may be utilized to replace City vehicles.
E. Emergency Disaster Contingency Reserve
• Purpose: These funds are committed to mitigate costs of unforeseeable emergencies, such as natural disasters, catastrophic events, or any situation requiring the declaration of an emergency as defined by Stanton Municipal Code Section 2.56.050.C.
• Target Level: The City’s target will be 10% (rounded to the next $100,000) of the General Fund operating expenditures.
• Events or Conditions Prompting Its Use: This reserve may be utilized to cover unexpected losses experienced by the City as a result of an unplanned, emergency event as described above.
F. Capital Reserve
• Purpose: These funds are committed for key infrastructure and capital improvement projects and established to provide capital repair and replacement funding as the City’s infrastructure deteriorates over its expected useful life.
• Target Level: $5,000,000 in the General Fund and $1,000,000 in the Sewer Maintenance Enterprise Fund.
• Events or Conditions Prompting Its Use: This reserve may be utilized for capital projects approved by City Council.
G. Pension and Other Post-Employment Benefits Stabilization Reserve • Purpose: These funds are committed to mitigate volatile increases in employer contribution rates to the California Public Employees’ Retirement System (CalPERS) and the cost of retiree health insurance premiums. In addition, this reserve can be used to provide additional payments to CalPERS to pay down the City’s pension liability. This reserve is maintained in the City’s Employee Benefits Internal Service Fund.
• Target Level: Minimum of 50% of the City’s unfunded actuarial liability with CalPERS to be .held in an irrevocable trust fund.
• Events or Conditions Prompting Its Use: This reserve may be utilized when the City’s revenues cannot support increases to the City’s CalPERS employer contributions or City’s share of retiree healthcare premiums. In addition, this
EXHIBIT A
CITY OF STANTON
RESERVE FUND POLICY
reserve can be used to make additional payments to lower the City’s total pension liability.
IV. Unassigned General Fund Balance
The unassigned General Fund balance is maintained to provide for contingencies for unforeseen operating or capital needs and to meet the City’s cash flow requirements. The purpose of this reserve is to provide budgetary stabilization and not serve as an alternate funding source for new programs and ongoing operating expenditures.
EXHIBIT A
CITY OF STANTON
INVESTMENT POLICY
FISCAL YEAR 2022/23 2023/24
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City of Stanton, CA
FY 2022/232023/24 Investment Policy
TABLE OF CONTENTS
PAGE
I. POLICY 3
II. SCOPE 3
III. GENERAL OBJECTIVES 3
3.1: Safety 4
3.2: Liquidity 4
3.3: Yield 4
IV. STANDARDS OF CARE 4
4.1: Delegation of Authority 4
4.2: Prudence 5
4.3: Ethics and Conflict of Interest 5
V. SAFEKEEPING AND CUSTODY 6
5.1: Safekeeping of Securities and Funds 6
5.2: Qualified Institutions 6
5.3: Accounting Method 7
5.4: Internal Controls 7
VI. AUTHORIZED AND SUITABLE INVESTMENTS 7
6.1: Authorized Investments 7
6.2: Suitable Investments 7
6.3: Collateralization and Other Safety Constraints 11
6.4: Prohibited Investments 12
VII. INVESTMENT PARAMETERS 12
7.1: Diversification 12
7.2: Investment Maturity 12
7.3: Competitive Transactions 13
7.4: Investment Guidelines and Strategy 13
7.5: Mitigating Credit Risk in the Portfolio 13
VIII. REPORTING 14
8.1: Specific Reporting Requirements 14
8.2: Performance Standards 14
8.3: Monitoring, Adjusting and Evaluating the Portfolio 14 IX. POLICY REVIEW AND ADOPTION 15
X. GLOSSARY OF TERMS 15
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City of Stanton, CA
FY 2022/232023/24 Investment Policy
CITY OF STANTON
FY 2022/232023/24 INVESTMENT POLICY
I. POLICY
This statement is intended to provide guidelines for the prudent investment of the City's temporary idle cash, and to outline the procedures for maximizing the efficiency of the City's cash management system. This statement will also be utilized by the Successor Agency to the Stanton Redevelopment Agency and the Stanton Housing Authority. The ultimate goal is to enhance the economic status of the City while safeguarding its assets.
II. SCOPE
This Investment Policy applies to all financial assets and funds held by the City of Stanton with the exception of deferred compensation assets (pension and other postemployment benefits) held in a trust and funds held by bond trustee that are controlled by the legal requirements of a debt indenture.
III. GENERAL OBJECTIVE
The objective of the investment portfolio is to meet the short and long-term cash flow demands of the City. This is achieved by safekeeping the corpus of cash assets under control and by earning income on cash assets not in immediate use. The City of Stanton strives to maintain the level of investment of all idle funds as near 100% as possible, through daily and projected cash flow determinations. Accordingly, the City's cash management system is designed to accurately monitor and forecast revenues and expenditures, thus enabling the City to invest funds to the fullest extent possible.
Idle cash management and investment transactions are the responsibility of the City Treasurer.
In conformance with California Government Code Sec. 53600.5, the City attempts to obtain the highest return possible while ensuring that safety and liquidity needs have been met.
The City’s principal investment objectives, in priority order, are:
3.1: SAFETY
The safety and risk associated with an investment refers to the potential loss of principal, interest, or a combination of these amounts. The City should select only those investments that are considered very safe. The City shall not engage in speculation and will focus on the preservation of capital and protection of
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investment principal. Diversification guidelines will be established to avoid incurring unreasonable risks regarding specific security types or individual financial institutions.
3.2: LIQUIDITY
This refers to the ability to "cash in" at any moment in time with a minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality especially when the need for unexpected funds occurs. The investment program will provide for the maintenance of sufficient liquidity to meet operating requirements that are reasonably anticipated.
3.3: YIELD
Yield is the potential dollar earnings an investment can provide, and sometimes is referred to as the rate of return. The investment program will strive to attain a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints of safety and liquidity needs.
IV. STANDARDS OF CARE
4.1: DELEGATION OF AUTHORITY
The ultimate responsibility and authority for the investment of City funds resides with the City Council. The City Council will receive monthly reports, designate investment officers, and annually review the investment policy making any changes necessary by adoption. The City Council hereby designates the City Treasurer as the Investment Officer for the City’s funds. The Investment Officer shall invest City funds in accordance with California Government Code Sec. 53600.5 and with this Investment Policy. This Policy shall constitute a “written order” from City Council. The City Treasurer is the Investment Officer, with the consent of the City Manager or designee, and may further delegate the authority to invest City funds to additional City Finance personnel with the consent of the City Manager.
Subject to required procurement procedures, the City may engage the support services of outside professionals in regard to its financial program, so long as it can be demonstrated or anticipated that these services produce a net financial advantage or necessary financial protection of the City’s resources. The City Council may engage the services of one or more external investment managers to assist in the management of the City’s investment portfolio in a manner consistent with the City’s objectives. Such external managers may be granted discretion to purchase and sell investment securities in accordance with this Statement of Investment Policy. Such managers must be registered under the Investment Advisors Act of 1940, or be exempt from such registration. Such external managers shall be prohibited from executing safekeeping arrangements and wire transfers.
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4.2: PRUDENCE
As a local agency defined by California Government Code Sec. 53600, the City of Stanton operates its pooled idle cash investments under California Government Code Sec. 53600.3, known as the "Prudent Investor Standard," which states, in part:
"When investing... or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including...the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section...investments may be acquired as authorized by law".
Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.
4.3: ETHICS AND CONFLICT OF INTEREST
The City Treasurer, officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution and management of the investment program, or that could impair their ability to make impartial decisions. The City Treasurer, officers and employees shall, at all times, comply with the Conflict-of-Interest Code described in Title 2 of the California Code of Regulations, section 18351, and the City’s adopted Conflict of Interest Code. Employees and officers shall refrain from undertaking any personal investment transactions with the same individual with whom business is conducted on behalf of the City.
V. SAFEKEEPING AND CUSTODY
5.1: SAFEKEEPING OF SECURITIES AND FUNDS:
Securities purchased by the City shall be held in a segregated account for the City’s benefit at a third-party trust department. The broker/dealer or bank from which the security is purchased shall issue a confirmation ticket to the City listing the specific instrument, issuer, coupon, maturity, CUSIP number, purchase or sale price, transaction date, and other pertinent information. The broker/dealer or bank that executes the transaction on the City’s behalf shall deliver all securities on a delivery versus payment method to the designated third-party trustee at the direction of the City Treasurer. All securities will be evidenced by safekeeping receipts in the City’s name.
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Certificates of Deposit shall be excluded from delivery versus payment as long as certificates are issued in the City’s name.
5.2: QUALIFIED INSTITUTIONS
The City of Stanton shall purchase authorized investments directly from the issuer, from an institution licensed by the State of California as a broker dealer, as defined in Section 25004 of the Corporations Code, or from a member of a federally regulated securities exchange, from a national or state chartered bank, from a savings association or federal association (as defined by Section 5102 of the Financial Code) or from a brokerage firm designated as a primary government dealer by the Federal Reserve bank. {Cal. Gov. Code Sec. 53601.5}.
The City Treasurer will maintain a list of financial institutions formally authorized to provide investment services. The City shall formally authorize investment brokers to provide investment services to the City by conducting a process of due diligence. Investment Brokers may be Primary Dealers or Regional Brokers and licensed to do business in the State of California. Brokers must complete a broker questionnaire, which includes proof of National Association of Securities Dealers (NASD) certification, Proof of State registration and execute a certification that the Broker’s employees and supervisory personnel have read and understand the City’s Investment Policy. Additional information from the broker/dealers Form BD and/or the broker/dealers disclosure statements on www.FINRA.org, will be included in the review. The City Treasurer shall conduct periodic reviews of the approved list of investment brokers and may remove a firm from the approved list at any time due to any failure to comply with any of the above criteria, failure to execute a transaction; any change in broker/dealer staff; or any action, event, or failure to act which, in the sole discretion of the City Treasurer, is materially averse to the best interest of the City.
Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the adviser. Where possible, transactions with broker/dealers shall be selected on a competitive basis and their bid or offering prices shall be recorded. If there is no other readily available competitive offering, the investment adviser shall make their best efforts to document quotations for comparable or alternative securities. If qualitative characteristics of a transaction, including, but not limited to, complexity of the transaction, or sector expertise of the broker, prevent a competitive selection process, investment advisers shall use brokerage selection practices as described above.
5.3: ACCOUNTING METHOD
The City shall comply with all required legal provisions and Generally Accepted Accounting Principles (GAAP). The accounting principles are those contained in the pronouncements of authoritative bodies including but not necessarily limited to, the Governmental Accounting Standards Board (GASB); the American Institute of Certified Public Accountants (AICPA); and the Financial Accounting Standards Board (FASB).
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Pooling of Funds: Except for cash in certain restricted and special funds, the City will consolidate balances from all City and Successor Agency funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles.
5.4: INTERNAL CONTROLS
The City Treasurer shall maintain a system of internal controls which shall be reviewed and tested by the independent auditor at least annually or upon any extraordinary event, i.e., turnover of key personnel, the discovery of any inappropriate activity, etc.
Investment officials shall be bonded or covered by blanket crime insurance to protect the public against possible embezzlement or malice.
VI. AUTHORIZED AND SUITABLE INVESTMENTS
6.1 AUTHORIZED INVESTMENTS:
All investments of the City shall be made in accordance with the investments authorized for local agencies by the California Government Code, Section 53601.
6.2 SUITABLE INVESTMENTS:
The City’s investments are governed by California Government Code, Sections 53600 et seq. Within the investments permitted by the Code, the City seeks to further restrict eligible investments to the guidelines listed below. In the event a discrepancy is found between this policy and the Code, the more restrictive parameters will take precedence. Percentage holding limits listed in this section apply at the time the security is purchased.
Any investment currently held at the time the policy is adopted which does not meet the new policy guidelines can be held until maturity, and shall be exempt from the current policy. At the time of the investment’s maturity or liquidation, such funds shall be reinvested only as provided in the current policy.
An appropriate risk level shall be maintained by primarily purchasing securities that are of high quality, liquid, and marketable. The portfolio shall be diversified by security type and institution to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions.
6.211 COLLATERALIZED BANK DEPOSITS such as a passbook savings account, money market account or other demand deposits in state or federally chartered banks, savings and loans, or credit unions in excess of insured amounts which are fully collateralized in accordance with California law, provided that:
• The maximum maturity does not exceed five years.
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6.212 MUNICIPAL SECURITIES include obligations of the City, the State of California, any of the other 49 states, and any local agency within the State of California, provided that:
• The securities are rated in rating category “A” or higher by at least one nationally recognized statistical rating organization.
• No more than 5% of the portfolio may be invested in any issuer. • The maximum maturity does not exceed five years.
6.213 U.S. TREASURIES and other government obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest.
There are no limits on the dollar amount or percentage that the Agency may invest in U.S. Treasuries, provided that:
• The maximum maturity is five years.
6.214 FEDERAL AGENCIES or United States Government-Sponsored Enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There are no limits on the dollar amount or percentage that the Agency may invest in Federal Agency or GovernmentSponsored Enterprises (GSEs), provided that:
• No more than 25% of the portfolio may be invested in any Agency/GSE issuer.
• No more than 20% of the portfolio may be invested in callable securities. • The maximum maturity does not exceed five years.
6.215 BANKER’S ACCEPTANCES, provided that:
• They are issued by institutions which have short-term debt obligations rated “A-1” or higher by at least one nationally recognized statistical-rating organization; or long-term debt obligations which are rated in rating category “A” or higher by at least one nationally recognized statistical rating organization.
• No more than 40% of the portfolio may be invested in Banker’s Acceptances. • No more than 5% of the portfolio may be invested in any issuer. • The maximum maturity does not exceed 180 days.
6.216 FEDERALLY INSURED TIME DEPOSITS (Non-Negotiable Certificates of Deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that:
• The amount per institution is limited to the maximum covered under federal insurance.
• No more than 20% of the portfolio will be invested in a combination of federally insured and collateralized time deposits.
• The maximum maturity does not exceed five years.
Commented [AS1]: SB 974 (2016) clarified rating category to be inclusive of NRSRO rating modifiers and numbers
Commented [AS2]: SB 974 (2016) clarified rating category to be inclusive of NRSRO rating modifiers and numbers
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6.217 COLLATERALIZED TIME DEPOSITS (Non-Negotiable Certificates of Deposit) in state or federally chartered banks, savings and loans, or credit unions in excess of insured amounts which are fully collateralized with securities in accordance with California law, provided that:
• No more than 20% of the portfolio will be invested in a combination of federally insured and collateralized time deposits.
• The maximum maturity does not exceed five years.
6.218 CERTIFICATE OF DEPOSIT PLACEMENT SERVICE (CDARS)
• No more than 30% of the total portfolio may be invested in a combination of Certificates of Deposit, including CDARS.
• The maximum maturity does not exceed five years.
6.219 NEGOTIABLE CERTIFICATES OF DEPOSIT (NCDS), provided that:
• The amount of the NCD insured up to the FDIC/NCUA limit does not require any credit ratings.
• For any amount above the FDIC/NCUA insured limit they must be issued by institutions which have short-term debt obligations are rated “A-1” or higher by at least one nationally recognized statistical rating organization; or longterm obligations are rated in rating category “A” or higher by at least one nationally recognized statistical rating organization.
• No more than 30% of the total portfolio may be invested in NCDs (combined with CDARS.)
• No more than 5% of the portfolio may be invested in any issuer. • The maximum maturity does not exceed five years.
6.220 COMMERCIAL PAPER, provided that:
• The issuer is a corporation organized and operating in the United States with assets in excess of $500 million.
• The securities are rated “A-1” or higher by at least one nationally recognized statistical rating organization.
• They are issued by corporations which have long-term obligations are rated in rating category “A” or higher by at least one nationally recognized statistical rating organization.
• No more than 25% of the portfolio may be invested in Commercial Paper. • No more than 5% of the portfolio may be invested in any issuer. • The maximum maturity does not exceed 270 days.
6.221 STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND (LAIF), provided that:
• The Agency may invest up to the maximum permitted amount in LAIF. • LAIF’s investments in instruments prohibited by or not specified in the Agency’s policy do not exclude it from the Agency’s list of allowable investments, provided that the fund’s reports allow the Treasurer to adequately judge the risk inherent in LAIF’s portfolio.
Commented [AS3]: SB 974 (2016) clarified rating category to be inclusive of NRSRO rating modifiers and numbers
Commented [AS4]: SB 974 (2016) clarified rating category to be inclusive of NRSRO rating modifiers and numbers
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6.222 LOCAL GOVERNMENT INVESTMENT POOLS
• Other LGIPs permitted by client.
6.223 CORPORATE MEDIUM-TERM NOTES (MTNS), provided that:
• The issuer is a corporation organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States.
• The securities are rated in rating category “A” or higher by at least one nationally recognized statistical rating organization.
• No more than 30% of the total portfolio may be invested in MTNs. • No more than 5% of the portfolio may be invested in any issuer. • The maximum maturity does not exceed five years.
6.224 ASSET-BACKED, MORTGAGE-BACKED, MORTGAGE PASS-THROUGH SECURITIES, AND COLLATERALIZED MORTGAGE OBLIGATIONS, provided that:
• The securities are rated in rating category “AA” or higher by a nationally recognized statistical rating organization.
• They are issued by corporations which have long-term obligations are rated “A” or higher by at least one nationally recognized statistical rating organization.
• No more than 20% of the total portfolio may be invested in these securities. • No more than 5% of the portfolio may be invested in any Asset-Backed or Commercial Mortgage security issuer. There is no issuer limitation on any Mortgage security where the issuer is the US Treasury or a Federal Agency/GSE.
• The maximum maturity does not exceed 5 years.
6.225 MONEY MARKET MUTUAL FUNDS that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, provided that:
• Such Funds meet either of the following criteria:
1. Have attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations; or
2. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by California Government Code, Section 53601 and with assets under management in excess of $500 million.
• No more than 20% of the total portfolio may be invested in Money Market Mutual Funds.
6.226 Supranationals, provided that:
Commented [AS5]: SB 974 (2016) clarified rating category to be inclusive of NRSRO rating modifiers and numbers
Commented [AS6]: SB 974 (2016) clarified rating category to be inclusive of NRSRO rating modifiers and numbers
Commented [AS7]: AB 1770 (2018) Clarified the remaining maturity requirement for ABS and eliminated the issuer rating requirement.
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• Issues are US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or InterAmerican Development Bank. • The securities are rated in rating category “AA” or higher by a NRSRO. • No more than 30% of the total portfolio may be invested in these securities. • No more than 10% of the portfolio may be invested in a single issuer. • The maximum maturity does not exceed 5 years.
Professional investment managers that may be retained by the City may request more latitude in their choice of investment vehicles and practices than is allowed under this policy. As an integral part of their service to the City, such advisors shall recommend additional investment vehicles and practices, with limitations and restrictions on their use. The City Council must approve the investment vehicles and practices, and adopt an appropriate amendment to this policy prior to their implementation.
6.3 COLLATERALIZATION AND OTHER SAFETY CONSTRAINTS:
All bank deposits must be either federally insured or collateralized pursuant to requirements of State law. The City Treasurer may waive collateral for that portion of a deposit which is insured pursuant to Federal law.
6.4 PROHIBITED INVESTMENTS:
Certain securities will be prohibited as investments in the City’s portfolio. The City has prohibited certain securities that are allowable under the California Government Code, based on its own assessment of risk and for the protection of City funds. Prohibited investments are:
1. Pursuant to California Government Code Section 53601.6, local agencies are prohibited from making investments in the following vehicles:
-Inverse floaters, range notes, or mortgage-derived interest-only strips. -Securities that could result in a zero-interest accrual if held to maturity. -Securities with forward settlement date exceeding 45 days from the time of the investment is prohibited.
2. City policy prohibition: The City further limits investments by expressly prohibiting investments in the following:
-Stocks
-Futures and options
-Repurchase agreements
-Reverse repurchase agreements
-Leveraged investments of any kind
-Foreign currency denominated securities
Commented [AS8]: SB 974 (2016) clarified rating category to be inclusive of NRSRO rating modifiers and numbers
Commented [AS9]: SB 1489 (effective 01/01/2023)
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VII. INVESTMENT PARAMETERS:
7.1DIVERSIFICATION:
The City will diversify the investment portfolio to avoid incurring unreasonable risks, both credit and interest rate risk, inherent in over-investing in specific instruments, individual financial institutions, or maturities. The City constrains the portfolio further than the California Government Code to reduce credit risk in the marketplace. Due to fluctuations in the aggregate portfolio balance, maximum percentages for a particular investment type, issuer or security structure may be exceeded at a point in time subsequent to the purchase of a particular security.
Securities do not need to be liquidated to realign the portfolio; however, consideration should be given to the matter when future purchases are made.
7.2INVESTMENT MATURITY:
• The City will not directly invest in securities maturing more than five (5) years from the date of purchase.
• The investment’s term or remaining maturity is measured from the settlement date to final maturity.
• The maximum weighted maturity of the total portfolio shall not exceed 3.5 years. This maximum is established to limit the portfolio to excessive price change exposure.
• Liquidity funds, defined as active bank deposits, LAIF and CAMP balances and money market securities with a maturity of less than six months, will comprise at least 20% of the total portfolio.
• Longer term/Core funds will be defined as the funds in excess of liquidity requirements. The investments in this portion of the portfolio will have maturities between one (1) day and five (5) years.
Exception to 5-year maturity maximum: Reserve or Capital Improvement Project monies may be invested in securities exceeding five (5) years if the maturities of such investments are made to coincide as nearly as practicable with the expected use of the funds.
7.3COMPETITIVE TRANSACTIONS
The City Treasurer shall obtain competitive bid information on all purchases of investment instruments purchased on the secondary market whenever possible and practical. Such competitive bid information can be executed through a competitive bid, through the use of a nationally recognized trading platform such as eConnect Direct, or from a third-party pricing source such as Bloomberg. Bid information can be obtained via telephone, faxed, or emailed quotes. If the City is offered a security for which there is no readily available competitive offering on the same specific issue, the City Treasurer shall document quotations for Commented [AS10]: SB 1489 (Effective 1/1/2023) Clarifies maturity based on settlement date rather than generally understood trading date.
Commented [AS11]: The 2023 Management Directive
established a benchmark duration range of +/- 20% of ICE BofA 1-5 year US Treasury Index, which has a duration of approx 2.6
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comparable or alternative securities. The Treasurer will select the quote which best satisfies the investment objectives of the investment portfolio within the parameters of this policy. The City Treasurer will maintain a written record of each bidding process including the name and prices offered by each participating financial institution.
7.4 INVESTMENT GUIDELINES AND STRATEGIES
The City Treasurer and staff will develop and maintain procedures, guidelines, and strategies to provide for investment decisions that meet the established goals of this policy. These strategies will incorporate cash flow considerations, liquidity, and surplus balances.
7.5 MITIGATING CREDIT RISK IN THE PORTFOLIO
Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies:
• The diversification requirements included in the “Authorized Investments” section of this policy are designed to mitigate credit risk in the portfolio. • Unless otherwise specified in this investment policy, no more than 5% of the total portfolio may be invested in securities of any single issuer per each category in Section VI of this policy, except:
1. Where the issuer is the US Government, its Agencies and GSEs.
2. Supranational securities
3. Money Market Mutual Funds
4. Local Government Investment Pools
• The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity or yield of the portfolio in response to market conditions or City’s risk preferences. • If securities owned by the City are downgraded to a level below the quality required by this investment policy, it will be the City’s policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio.
VIII. REPORTING
8.1 SPECIFIC REPORTING REQUIREMENTS:
The City Treasurer shall render a monthly investment report to the City Council and the City Manager. The report shall include the type of investment, institution, date of maturity, par value and amount of investment, rate of interest, current market value, source of the market value, and such other data as may be
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required by the City Council. The report shall also include a schedule of investment transactions for the month, a statement denoting the ability of the City to meet its expenditure requirements for the ensuing six (6) months or an explanation as to why sufficient funds may not be available, and a statement that the City’s investment portfolio is in compliance with the City’s Investment Policy or the manner in which it may not be in compliance. {Gov. Code Sections 53607 and 53646}
8.2: PERFORMANCE STANDARDS:
The City’s investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City’s investment risk constraints and cash flow needs. The basis used by the Treasurer to determine whether market yields are being achieved shall be to identify a benchmark comparable to the portfolio’s average weighted maturity and credit profile. Separate benchmarks may be established for liquidity funds and longer term/core funds. Benchmarks will be established through the City Treasurer’s procedures manual.
8.3: REVIEW OF INVESTMENT PORTFOLIO:
The securities held by the City must be in compliance with Section VI Authorized and Suitable Investments at the time of purchase. Because some securities may not comply with Section VI Authorized and Suitable Investments subsequent to the date of purchase, the City Treasurer will at least quarterly review the portfolio to identify those securities that do not comply. The City Treasurer will establish procedures to report to the City Council major and critical incidences of noncompliance identified through the review of the portfolio. The portfolio may be adjusted as market conditions change to comply with the City’s objectives of safety, liquidity, and achievement of market rates of return.
IX. POLICY REVIEW AND ADOPTION
The Statement of Investment Policy shall be adopted by the City Council. The policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity and yield, and its relevance to current law, financial and economic trends.
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X. GLOSSARY OF TERMS
Agencies. Shorthand market terminology for any obligation issued by a government-sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are:
FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds.
FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market. FHLB issues discount notes and bonds.
FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called “FreddieMac” issues discount notes, bonds, and mortgage pass-through securities.
FNMA. Like FHLB and FreddieMac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as “FannieMae,” issues discount notes, bonds, and mortgage pass-through securities.
GNMA. The Government National Mortgage Association, known as “GinnieMae,” issues mortgage pass-through securities, which are guaranteed by the full faith and credit of the US Government.
PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government.
TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River valleys. TVA currently issues discount notes and bonds.
Asked. The price at which a seller offers to sell a security.
Asset Backed Securities. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.
Average Life. In mortgage-related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected.
Banker’s Acceptance. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which “accepts” the obligation to pay the investor.
Benchmark. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy.
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Broker. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position.
Callable. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline since an issuer issues securities, it will likely call its current securities and reissue them at a lower rate of interest. Callable securities have reinvestment risk as the investor may receive its principal back when interest rates are lower than when the investment was initially made.
CDARS (Certificate of Deposit Account Registry System). A private CD placement service that allows local agencies to purchase more than $250,000 in CDs from a single financial institution (must be a participating institution of CDARS) while still maintaining FDIC insurance coverage. CDARS is currently the only entity providing this service. CDARS facilitates the trading of deposits between the California institution and other participating institutions in amounts that are less than $250,000 each, so that FDIC coverage is maintained.
Certificate of Deposit (CD). A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs may be marketable.
Collateral. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies.
Collateralized Mortgage Obligations (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities.
Commercial Paper. The short-term unsecured debt of corporations.
Cost Yield. The annual income from an investment divided by the purchase cost.
Because it does not give effect to premiums and discounts which may have been included in the purchase cost, it is an incomplete measure of return.
Coupon. The rate of return at which interest is paid on a bond.
Credit Risk. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer.
Current Yield. The annual income from an investment divided by the current market value. Since the mathematical calculation relies on the current market value rather than the investor’s cost, current yield is unrelated to the actual return the investor will earn if the security is held to maturity.
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Dealer. A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position.
Debenture. A bond secured only by the general credit of the issuer.
Delivery vs. Payment (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser’s agent.
Derivative. Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components (“Stripped” coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate, or index.
Discount. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as T-bills and banker’s acceptances, are known as discount securities. They sell at a discount from par, and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons, trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality.
Diversification. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk.
Duration. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to changes in interest rates. (See modified duration).
FDIC. The Federal Deposit Insurance Corporation (FDIC) is an independent agency created by the Congress to maintain stability and public confidence in the nation’s financial system by insuring deposits; examining and supervising financial institutions for safety and soundness and consumer protection; making large and complex financial institutions resolvable; and managing receiverships.
Federal Funds Rate. The rate of interest charged by banks for short-term loans to other banks. The Federal Reserve Bank through open-market operations establishes it.
Leverage. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing.
Liquidity: The speed and ease with which an asset can be converted to cash.
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Make Whole Call. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call.
With this type of call, an investor is compensated, or "made whole." Margin: The difference between the market value of a security and the loan a broker makes using that security as collateral.
Market Risk. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates.
Market Value. The price at which a security can be traded.
Marking to Market. The process of posting current market values for securities in a portfolio.
Maturity. The final date upon which the principal of a security becomes due and payable.
Medium Term Notes. Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.
Modified Duration. The percent change in price for a 100-basis point change in yields. Modified duration is the best single measure of a portfolio or security’s exposure to market risk.
Money Market. The market in which short-term debt instruments (Tbills, discount notes, commercial paper, and banker’s acceptances) are issued and traded.
Mortgage Pass-Through Securities. A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.
Municipal Securities. Securities issued by state and local agencies to finance capital and operating expenses.
Mutual Fund. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund’s prospectus.
Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund’s prospectus. For most large, institutional investors, the costs associated
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with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio.
National Credit Union Administration (NCUA). An independent federal agency that insures deposits at federally insured credit unions, protects the members who own credit unions, and charters and regulates federal credit unions.
Nationally Recognized Statistical Rating Organization (NRSRO). A credit rating agency (CRA) that issues credit ratings that the U.S. Securities and Exchange Commission (SEC) permits other financial firms to use for certain regulatory purposes.
Premium. The difference between the par value of a bond and the cost of the bond, when the cost is above par.
Prepayment Speed. A measure of how quickly principal is repaid to investors in mortgage securities.
Prepayment Window. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed.
Primary Dealer. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S. Government securities market.
Prudent Person (Prudent Investor) Rule. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as “Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes.”
Realized Yield. The change in value of the portfolio due to interest received and interest earned and realized gains and losses. It does not give effect to changes in market value on securities, which have not been sold from the portfolio.
Regional Dealer. A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities and that is not a primary dealer.
Repurchase Agreement (RP, Repo). Short-term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller’s point of view, the same transaction is a reverse repurchase agreement.
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Safekeeping. A service to bank customers whereby securities are held by the bank in the customer’s name.
Structured Note. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities, or indices.
Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.
Supranationals. A supranational is a multi-national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries.
Total Rate of Return. A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio.
U.S. Treasury Obligations. Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk, and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds.
Treasury Bills. All securities issued with initial maturities of one year or less are issued as discounted instruments, and are called Treasury bills. The Treasury currently issues three- and six-month Tbills at regular weekly auctions. It also issues “cash management” bills as needed to smooth out cash flows.
Treasury Notes. All securities issued with initial maturities of two to ten years are called Treasury notes, and pay interest semi-annually.
Treasury Bonds. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semiannually.
Volatility. The rate at which security prices change with changes in general economic conditions or the general level of interest rates.
Yield to Maturity. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost.
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CITY OF STANTON
INVESTMENT POLICY
FISCAL YEAR 2023/24
ATTACHMENT H
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City of Stanton, CA
FY 2023/24 Investment Policy
TABLE OF CONTENTS
PAGE
I. POLICY 3
II. SCOPE 3
III. GENERAL OBJECTIVES 3
3.1: Safety 4
3.2: Liquidity 4
3.3: Yield 4
IV. STANDARDS OF CARE 4
4.1: Delegation of Authority 4
4.2: Prudence 5
4.3: Ethics and Conflict of Interest 5
V. SAFEKEEPING AND CUSTODY 6
5.1: Safekeeping of Securities and Funds 6
5.2: Qualified Institutions 6
5.3: Accounting Method 7
5.4: Internal Controls 7
VI. AUTHORIZED AND SUITABLE INVESTMENTS 7
6.1: Authorized Investments 7
6.2: Suitable Investments 7
6.3: Collateralization and Other Safety Constraints 11
6.4: Prohibited Investments 12
VII. INVESTMENT PARAMETERS 12
7.1: Diversification 12
7.2: Investment Maturity 12
7.3: Competitive Transactions 13
7.4: Investment Guidelines and Strategy 13
7.5: Mitigating Credit Risk in the Portfolio 13
VIII. REPORTING 14
8.1: Specific Reporting Requirements 14
8.2: Performance Standards 14
8.3: Monitoring, Adjusting and Evaluating the Portfolio 14 IX. POLICY REVIEW AND ADOPTION 15
X. GLOSSARY OF TERMS 15
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City of Stanton, CA
FY 2023/24 Investment Policy
CITY OF STANTON
FY 2023/24 INVESTMENT POLICY
I. POLICY
This statement is intended to provide guidelines for the prudent investment of the City's temporary idle cash, and to outline the procedures for maximizing the efficiency of the City's cash management system. This statement will also be utilized by the Successor Agency to the Stanton Redevelopment Agency and the Stanton Housing Authority. The ultimate goal is to enhance the economic status of the City while safeguarding its assets.
II. SCOPE
This Investment Policy applies to all financial assets and funds held by the City of Stanton with the exception of deferred compensation assets (pension and other postemployment benefits) held in a trust and funds held by bond trustee that are controlled by the legal requirements of a debt indenture.
III. GENERAL OBJECTIVE
The objective of the investment portfolio is to meet the short and long-term cash flow demands of the City. This is achieved by safekeeping the corpus of cash assets under control and by earning income on cash assets not in immediate use. The City of Stanton strives to maintain the level of investment of all idle funds as near 100% as possible, through daily and projected cash flow determinations. Accordingly, the City's cash management system is designed to accurately monitor and forecast revenues and expenditures, thus enabling the City to invest funds to the fullest extent possible.
Idle cash management and investment transactions are the responsibility of the City Treasurer.
In conformance with California Government Code Sec. 53600.5, the City attempts to obtain the highest return possible while ensuring that safety and liquidity needs have been met.
The City’s principal investment objectives, in priority order, are:
3.1: SAFETY
The safety and risk associated with an investment refers to the potential loss of principal, interest, or a combination of these amounts. The City should select only those investments that are considered very safe. The City shall not engage in speculation and will focus on the preservation of capital and protection of
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investment principal. Diversification guidelines will be established to avoid incurring unreasonable risks regarding specific security types or individual financial institutions.
3.2: LIQUIDITY
This refers to the ability to "cash in" at any moment in time with a minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality especially when the need for unexpected funds occurs. The investment program will provide for the maintenance of sufficient liquidity to meet operating requirements that are reasonably anticipated.
3.3: YIELD
Yield is the potential dollar earnings an investment can provide, and sometimes is referred to as the rate of return. The investment program will strive to attain a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints of safety and liquidity needs.
IV. STANDARDS OF CARE
4.1: DELEGATION OF AUTHORITY
The ultimate responsibility and authority for the investment of City funds resides with the City Council. The City Council will receive monthly reports, designate investment officers, and annually review the investment policy making any changes necessary by adoption. The City Council hereby designates the City Treasurer as the Investment Officer for the City’s funds. The Investment Officer shall invest City funds in accordance with California Government Code Sec. 53600.5 and with this Investment Policy. This Policy shall constitute a “written order” from City Council. The City Treasurer is the Investment Officer, with the consent of the City Manager or designee, and may further delegate the authority to invest City funds to additional City Finance personnel with the consent of the City Manager.
Subject to required procurement procedures, the City may engage the support services of outside professionals in regard to its financial program, so long as it can be demonstrated or anticipated that these services produce a net financial advantage or necessary financial protection of the City’s resources. The City Council may engage the services of one or more external investment managers to assist in the management of the City’s investment portfolio in a manner consistent with the City’s objectives. Such external managers may be granted discretion to purchase and sell investment securities in accordance with this Statement of Investment Policy. Such managers must be registered under the Investment Advisors Act of 1940, or be exempt from such registration. Such external managers shall be prohibited from executing safekeeping arrangements and wire transfers.
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City of Stanton, CA
FY 2023/24 Investment Policy
4.2: PRUDENCE
As a local agency defined by California Government Code Sec. 53600, the City of Stanton operates its pooled idle cash investments under California Government Code Sec. 53600.3, known as the "Prudent Investor Standard," which states, in part:
"When investing... or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including...the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section...investments may be acquired as authorized by law".
Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.
4.3: ETHICS AND CONFLICT OF INTEREST
The City Treasurer, officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution and management of the investment program, or that could impair their ability to make impartial decisions. The City Treasurer, officers and employees shall, at all times, comply with the Conflict-of-Interest Code described in Title 2 of the California Code of Regulations, section 18351, and the City’s adopted Conflict of Interest Code. Employees and officers shall refrain from undertaking any personal investment transactions with the same individual with whom business is conducted on behalf of the City.
V. SAFEKEEPING AND CUSTODY
5.1: SAFEKEEPING OF SECURITIES AND FUNDS:
Securities purchased by the City shall be held in a segregated account for the City’s benefit at a third-party trust department. The broker/dealer or bank from which the security is purchased shall issue a confirmation ticket to the City listing the specific instrument, issuer, coupon, maturity, CUSIP number, purchase or sale price, transaction date, and other pertinent information. The broker/dealer or bank that executes the transaction on the City’s behalf shall deliver all securities on a delivery versus payment method to the designated third-party trustee at the direction of the City Treasurer. All securities will be evidenced by safekeeping receipts in the City’s name.
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City of Stanton, CA
FY 2023/24 Investment Policy
Certificates of Deposit shall be excluded from delivery versus payment as long as certificates are issued in the City’s name.
5.2: QUALIFIED INSTITUTIONS
The City of Stanton shall purchase authorized investments directly from the issuer, from an institution licensed by the State of California as a broker dealer, as defined in Section 25004 of the Corporations Code, or from a member of a federally regulated securities exchange, from a national or state chartered bank, from a savings association or federal association (as defined by Section 5102 of the Financial Code) or from a brokerage firm designated as a primary government dealer by the Federal Reserve bank. {Cal. Gov. Code Sec. 53601.5}.
The City Treasurer will maintain a list of financial institutions formally authorized to provide investment services. The City shall formally authorize investment brokers to provide investment services to the City by conducting a process of due diligence. Investment Brokers may be Primary Dealers or Regional Brokers and licensed to do business in the State of California. Brokers must complete a broker questionnaire, which includes proof of National Association of Securities Dealers (NASD) certification, Proof of State registration and execute a certification that the Broker’s employees and supervisory personnel have read and understand the City’s Investment Policy. Additional information from the broker/dealers Form BD and/or the broker/dealers disclosure statements on www.FINRA.org, will be included in the review. The City Treasurer shall conduct periodic reviews of the approved list of investment brokers and may remove a firm from the approved list at any time due to any failure to comply with any of the above criteria, failure to execute a transaction; any change in broker/dealer staff; or any action, event, or failure to act which, in the sole discretion of the City Treasurer, is materially averse to the best interest of the City.
Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the adviser. Where possible, transactions with broker/dealers shall be selected on a competitive basis and their bid or offering prices shall be recorded. If there is no other readily available competitive offering, the investment adviser shall make their best efforts to document quotations for comparable or alternative securities. If qualitative characteristics of a transaction, including, but not limited to, complexity of the transaction, or sector expertise of the broker, prevent a competitive selection process, investment advisers shall use brokerage selection practices as described above.
5.3: ACCOUNTING METHOD
The City shall comply with all required legal provisions and Generally Accepted Accounting Principles (GAAP). The accounting principles are those contained in the pronouncements of authoritative bodies including but not necessarily limited to, the Governmental Accounting Standards Board (GASB); the American Institute of Certified Public Accountants (AICPA); and the Financial Accounting Standards Board (FASB).
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City of Stanton, CA
FY 2023/24 Investment Policy
Pooling of Funds: Except for cash in certain restricted and special funds, the City will consolidate balances from all City and Successor Agency funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles.
5.4: INTERNAL CONTROLS
The City Treasurer shall maintain a system of internal controls which shall be reviewed and tested by the independent auditor at least annually or upon any extraordinary event, i.e., turnover of key personnel, the discovery of any inappropriate activity, etc.
Investment officials shall be bonded or covered by blanket crime insurance to protect the public against possible embezzlement or malice.
VI. AUTHORIZED AND SUITABLE INVESTMENTS
6.1 AUTHORIZED INVESTMENTS:
All investments of the City shall be made in accordance with the investments authorized for local agencies by the California Government Code, Section 53601.
6.2 SUITABLE INVESTMENTS:
The City’s investments are governed by California Government Code, Sections 53600 et seq. Within the investments permitted by the Code, the City seeks to further restrict eligible investments to the guidelines listed below. In the event a discrepancy is found between this policy and the Code, the more restrictive parameters will take precedence. Percentage holding limits listed in this section apply at the time the security is purchased.
Any investment currently held at the time the policy is adopted which does not meet the new policy guidelines can be held until maturity, and shall be exempt from the current policy. At the time of the investment’s maturity or liquidation, such funds shall be reinvested only as provided in the current policy.
An appropriate risk level shall be maintained by primarily purchasing securities that are of high quality, liquid, and marketable. The portfolio shall be diversified by security type and institution to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions.
6.211 COLLATERALIZED BANK DEPOSITS such as a passbook savings account, money market account or other demand deposits in state or federally chartered banks, savings and loans, or credit unions in excess of insured amounts which are fully collateralized in accordance with California law, provided that:
The maximum maturity does not exceed five years.
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City of Stanton, CA
FY 2023/24 Investment Policy
6.212 MUNICIPAL SECURITIES include obligations of the City, the State of California, any of the other 49 states, and any local agency within the State of California, provided that:
The securities are rated in rating category “A” or higher by at least one nationally recognized statistical rating organization.
No more than 5% of the portfolio may be invested in any issuer. The maximum maturity does not exceed five years.
6.213 U.S. TREASURIES and other government obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest.
There are no limits on the dollar amount or percentage that the Agency may invest in U.S. Treasuries, provided that:
The maximum maturity is five years.
6.214 FEDERAL AGENCIES or United States Government-Sponsored Enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There are no limits on the dollar amount or percentage that the Agency may invest in Federal Agency or GovernmentSponsored Enterprises (GSEs), provided that:
No more than 25% of the portfolio may be invested in any Agency/GSE issuer.
No more than 20% of the portfolio may be invested in callable securities. The maximum maturity does not exceed five years.
6.215 BANKER’S ACCEPTANCES, provided that:
They are issued by institutions which have short-term debt obligations rated “A-1” or higher by at least one nationally recognized statistical-rating organization; or long-term debt obligations which are rated in rating category “A” or higher by at least one nationally recognized statistical rating organization.
No more than 40% of the portfolio may be invested in Banker’s Acceptances. No more than 5% of the portfolio may be invested in any issuer. The maximum maturity does not exceed 180 days.
6.216 FEDERALLY INSURED TIME DEPOSITS (Non-Negotiable Certificates of Deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that:
The amount per institution is limited to the maximum covered under federal insurance.
No more than 20% of the portfolio will be invested in a combination of federally insured and collateralized time deposits.
The maximum maturity does not exceed five years.
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City of Stanton, CA
FY 2023/24 Investment Policy
6.217 COLLATERALIZED TIME DEPOSITS (Non-Negotiable Certificates of Deposit) in state or federally chartered banks, savings and loans, or credit unions in excess of insured amounts which are fully collateralized with securities in accordance with California law, provided that:
No more than 20% of the portfolio will be invested in a combination of federally insured and collateralized time deposits.
The maximum maturity does not exceed five years.
6.218 CERTIFICATE OF DEPOSIT PLACEMENT SERVICE (CDARS)
No more than 30% of the total portfolio may be invested in a combination of Certificates of Deposit, including CDARS.
The maximum maturity does not exceed five years.
6.219 NEGOTIABLE CERTIFICATES OF DEPOSIT (NCDS), provided that:
The amount of the NCD insured up to the FDIC/NCUA limit does not require any credit ratings.
For any amount above the FDIC/NCUA insured limit they must be issued by institutions which have short-term debt obligations are rated “A-1” or higher by at least one nationally recognized statistical rating organization; or longterm obligations are rated in rating category “A” or higher by at least one nationally recognized statistical rating organization.
No more than 30% of the total portfolio may be invested in NCDs (combined with CDARS.)
No more than 5% of the portfolio may be invested in any issuer. The maximum maturity does not exceed five years.
6.220 COMMERCIAL PAPER, provided that:
The issuer is a corporation organized and operating in the United States with assets in excess of $500 million.
The securities are rated “A-1” or higher by at least one nationally recognized statistical rating organization.
They are issued by corporations which have long-term obligations are rated in rating category “A” or higher by at least one nationally recognized statistical rating organization.
No more than 25% of the portfolio may be invested in Commercial Paper. No more than 5% of the portfolio may be invested in any issuer. The maximum maturity does not exceed 270 days.
6.221 STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND (LAIF), provided that:
The Agency may invest up to the maximum permitted amount in LAIF. LAIF’s investments in instruments prohibited by or not specified in the Agency’s policy do not exclude it from the Agency’s list of allowable investments, provided that the fund’s reports allow the Treasurer to adequately judge the risk inherent in LAIF’s portfolio.
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City of Stanton, CA
FY 2023/24 Investment Policy
6.222 LOCAL GOVERNMENT INVESTMENT POOLS
Other LGIPs permitted by client.
6.223 CORPORATE MEDIUM-TERM NOTES (MTNS), provided that:
The issuer is a corporation organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States.
The securities are rated in rating category “A” or higher by at least one nationally recognized statistical rating organization.
No more than 30% of the total portfolio may be invested in MTNs. No more than 5% of the portfolio may be invested in any issuer. The maximum maturity does not exceed five years.
6.224 ASSET-BACKED, MORTGAGE-BACKED, MORTGAGE PASS-THROUGH SECURITIES, AND COLLATERALIZED MORTGAGE OBLIGATIONS, provided that:
The securities are rated in rating category “AA” or higher by a nationally recognized statistical rating organization.
No more than 20% of the total portfolio may be invested in these securities. No more than 5% of the portfolio may be invested in any Asset-Backed or Commercial Mortgage security issuer. There is no issuer limitation on any Mortgage security where the issuer is the US Treasury or a Federal Agency/GSE.
The maximum maturity does not exceed 5 years.
6.225 MONEY MARKET MUTUAL FUNDS that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, provided that:
Such Funds meet either of the following criteria:
1. Have attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations; or
2. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by California Government Code, Section 53601 and with assets under management in excess of $500 million.
No more than 20% of the total portfolio may be invested in Money Market Mutual Funds.
6.226 Supranationals, provided that:
Issues are US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for
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City of Stanton, CA
FY 2023/24 Investment Policy
Reconstruction and Development, International Finance Corporation, or InterAmerican Development Bank. The securities are rated in rating category “AA” or higher by a NRSRO. No more than 30% of the total portfolio may be invested in these securities. No more than 10% of the portfolio may be invested in a single issuer. The maximum maturity does not exceed 5 years.
Professional investment managers that may be retained by the City may request more latitude in their choice of investment vehicles and practices than is allowed under this policy. As an integral part of their service to the City, such advisors shall recommend additional investment vehicles and practices, with limitations and restrictions on their use. The City Council must approve the investment vehicles and practices, and adopt an appropriate amendment to this policy prior to their implementation.
6.3 COLLATERALIZATION AND OTHER SAFETY CONSTRAINTS:
All bank deposits must be either federally insured or collateralized pursuant to requirements of State law. The City Treasurer may waive collateral for that portion of a deposit which is insured pursuant to Federal law.
6.4 PROHIBITED INVESTMENTS:
Certain securities will be prohibited as investments in the City’s portfolio. The City has prohibited certain securities that are allowable under the California Government Code, based on its own assessment of risk and for the protection of City funds. Prohibited investments are:
1. Pursuant to California Government Code Section 53601.6, local agencies are prohibited from making investments in the following vehicles:
-Inverse floaters, range notes, or mortgage-derived interest-only strips. -Securities that could result in a zero-interest accrual if held to maturity. -Securities with forward settlement date exceeding 45 days from the time of the investment is prohibited.
2. City policy prohibition: The City further limits investments by expressly prohibiting investments in the following:
-Stocks
-Futures and options
-Repurchase agreements
-Reverse repurchase agreements
-Leveraged investments of any kind
-Foreign currency denominated securities
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City of Stanton, CA
FY 2023/24 Investment Policy
VII. INVESTMENT PARAMETERS:
7.1 DIVERSIFICATION:
The City will diversify the investment portfolio to avoid incurring unreasonable risks, both credit and interest rate risk, inherent in over-investing in specific instruments, individual financial institutions, or maturities. The City constrains the portfolio further than the California Government Code to reduce credit risk in the marketplace. Due to fluctuations in the aggregate portfolio balance, maximum percentages for a particular investment type, issuer or security structure may be exceeded at a point in time subsequent to the purchase of a particular security.
Securities do not need to be liquidated to realign the portfolio; however, consideration should be given to the matter when future purchases are made.
7.2INVESTMENT MATURITY:
The City will not directly invest in securities maturing more than five (5) years from the date of purchase.
The investment’s term or remaining maturity is measured from the settlement date to final maturity.
Liquidity funds, defined as active bank deposits, LAIF and CAMP balances and money market securities with a maturity of less than six months, will comprise at least 20% of the total portfolio.
Longer term/Core funds will be defined as the funds in excess of liquidity requirements. The investments in this portion of the portfolio will have maturities between one (1) day and five (5) years.
Exception to 5-year maturity maximum: Reserve or Capital Improvement Project monies may be invested in securities exceeding five (5) years if the maturities of such investments are made to coincide as nearly as practicable with the expected use of the funds.
7.3 COMPETITIVE TRANSACTIONS
The City Treasurer shall obtain competitive bid information on all purchases of investment instruments purchased on the secondary market whenever possible and practical. Such competitive bid information can be executed through a competitive bid, through the use of a nationally recognized trading platform such as eConnect Direct, or from a third-party pricing source such as Bloomberg. Bid information can be obtained via telephone, faxed, or emailed quotes. If the City is offered a security for which there is no readily available competitive offering on the same specific issue, the City Treasurer shall document quotations for comparable or alternative securities. The Treasurer will select the quote which best satisfies the investment objectives of the investment portfolio within the parameters of this policy. The City Treasurer will maintain a written record of
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each bidding process including the name and prices offered by each participating financial institution.
7.4 INVESTMENT GUIDELINES AND STRATEGIES
The City Treasurer and staff will develop and maintain procedures, guidelines, and strategies to provide for investment decisions that meet the established goals of this policy. These strategies will incorporate cash flow considerations, liquidity, and surplus balances.
7.5 MITIGATING CREDIT RISK IN THE PORTFOLIO
Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies:
The diversification requirements included in the “Authorized Investments” section of this policy are designed to mitigate credit risk in the portfolio. Unless otherwise specified in this investment policy, no more than 5% of the total portfolio may be invested in securities of any single issuer per each category in Section VI of this policy, except:
1. Where the issuer is the US Government, its Agencies and GSEs.
2. Supranational securities
3. Money Market Mutual Funds
4. Local Government Investment Pools
The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity or yield of the portfolio in response to market conditions or City’s risk preferences. If securities owned by the City are downgraded to a level below the quality required by this investment policy, it will be the City’s policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio.
VIII. REPORTING
8.1 SPECIFIC REPORTING REQUIREMENTS:
The City Treasurer shall render a monthly investment report to the City Council and the City Manager. The report shall include the type of investment, institution, date of maturity, par value and amount of investment, rate of interest, current market value, source of the market value, and such other data as may be required by the City Council. The report shall also include a schedule of investment transactions for the month, a statement denoting the ability of the City to meet its expenditure requirements for the ensuing six (6) months or an
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explanation as to why sufficient funds may not be available, and a statement that the City’s investment portfolio is in compliance with the City’s Investment Policy or the manner in which it may not be in compliance. {Gov. Code Sections 53607 and 53646}
8.2: PERFORMANCE STANDARDS:
The City’s investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City’s investment risk constraints and cash flow needs. The basis used by the Treasurer to determine whether market yields are being achieved shall be to identify a benchmark comparable to the portfolio’s average weighted maturity and credit profile. Separate benchmarks may be established for liquidity funds and longer term/core funds.
8.3: REVIEW OF INVESTMENT PORTFOLIO:
The securities held by the City must be in compliance with Section VI Authorized and Suitable Investments at the time of purchase. Because some securities may not comply with Section VI Authorized and Suitable Investments subsequent to the date of purchase, the City Treasurer will at least quarterly review the portfolio to identify those securities that do not comply. The City Treasurer will establish procedures to report to the City Council major and critical incidences of noncompliance identified through the review of the portfolio. The portfolio may be adjusted as market conditions change to comply with the City’s objectives of safety, liquidity, and achievement of market rates of return.
IX. POLICY REVIEW AND ADOPTION
The Statement of Investment Policy shall be adopted by the City Council. The policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity and yield, and its relevance to current law, financial and economic trends.
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X. GLOSSARY OF TERMS
Agencies. Shorthand market terminology for any obligation issued by a government-sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are:
FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds.
FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market. FHLB issues discount notes and bonds.
FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called “FreddieMac” issues discount notes, bonds, and mortgage pass-through securities.
FNMA. Like FHLB and FreddieMac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as “FannieMae,” issues discount notes, bonds, and mortgage pass-through securities.
GNMA. The Government National Mortgage Association, known as “GinnieMae,” issues mortgage pass-through securities, which are guaranteed by the full faith and credit of the US Government.
PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government.
TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River valleys. TVA currently issues discount notes and bonds.
Asked. The price at which a seller offers to sell a security.
Asset Backed Securities. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.
Average Life. In mortgage-related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected.
Banker’s Acceptance. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which “accepts” the obligation to pay the investor.
Benchmark. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy.
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Broker. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position.
Callable. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline since an issuer issues securities, it will likely call its current securities and reissue them at a lower rate of interest. Callable securities have reinvestment risk as the investor may receive its principal back when interest rates are lower than when the investment was initially made.
CDARS (Certificate of Deposit Account Registry System). A private CD placement service that allows local agencies to purchase more than $250,000 in CDs from a single financial institution (must be a participating institution of CDARS) while still maintaining FDIC insurance coverage. CDARS is currently the only entity providing this service. CDARS facilitates the trading of deposits between the California institution and other participating institutions in amounts that are less than $250,000 each, so that FDIC coverage is maintained.
Certificate of Deposit (CD). A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs may be marketable.
Collateral. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies.
Collateralized Mortgage Obligations (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities.
Commercial Paper. The short-term unsecured debt of corporations.
Cost Yield. The annual income from an investment divided by the purchase cost.
Because it does not give effect to premiums and discounts which may have been included in the purchase cost, it is an incomplete measure of return.
Coupon. The rate of return at which interest is paid on a bond.
Credit Risk. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer.
Current Yield. The annual income from an investment divided by the current market value. Since the mathematical calculation relies on the current market value rather than the investor’s cost, current yield is unrelated to the actual return the investor will earn if the security is held to maturity.
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Dealer. A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position.
Debenture. A bond secured only by the general credit of the issuer.
Delivery vs. Payment (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser’s agent.
Derivative. Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components (“Stripped” coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate, or index.
Discount. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as T-bills and banker’s acceptances, are known as discount securities. They sell at a discount from par, and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons, trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality.
Diversification. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk.
Duration. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to changes in interest rates. (See modified duration).
FDIC. The Federal Deposit Insurance Corporation (FDIC) is an independent agency created by the Congress to maintain stability and public confidence in the nation’s financial system by insuring deposits; examining and supervising financial institutions for safety and soundness and consumer protection; making large and complex financial institutions resolvable; and managing receiverships.
Federal Funds Rate. The rate of interest charged by banks for short-term loans to other banks. The Federal Reserve Bank through open-market operations establishes it.
Leverage. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing.
Liquidity: The speed and ease with which an asset can be converted to cash.
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Make Whole Call. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call.
With this type of call, an investor is compensated, or "made whole." Margin: The difference between the market value of a security and the loan a broker makes using that security as collateral.
Market Risk. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates.
Market Value. The price at which a security can be traded.
Marking to Market. The process of posting current market values for securities in a portfolio.
Maturity. The final date upon which the principal of a security becomes due and payable.
Medium Term Notes. Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.
Modified Duration. The percent change in price for a 100-basis point change in yields. Modified duration is the best single measure of a portfolio or security’s exposure to market risk.
Money Market. The market in which short-term debt instruments (Tbills, discount notes, commercial paper, and banker’s acceptances) are issued and traded.
Mortgage Pass-Through Securities. A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.
Municipal Securities. Securities issued by state and local agencies to finance capital and operating expenses.
Mutual Fund. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund’s prospectus.
Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund’s prospectus. For most large, institutional investors, the costs associated
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with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio.
National Credit Union Administration (NCUA). An independent federal agency that insures deposits at federally insured credit unions, protects the members who own credit unions, and charters and regulates federal credit unions.
Nationally Recognized Statistical Rating Organization (NRSRO). A credit rating agency (CRA) that issues credit ratings that the U.S. Securities and Exchange Commission (SEC) permits other financial firms to use for certain regulatory purposes.
Premium. The difference between the par value of a bond and the cost of the bond, when the cost is above par.
Prepayment Speed. A measure of how quickly principal is repaid to investors in mortgage securities.
Prepayment Window. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed.
Primary Dealer. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S. Government securities market.
Prudent Person (Prudent Investor) Rule. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as “Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes.”
Realized Yield. The change in value of the portfolio due to interest received and interest earned and realized gains and losses. It does not give effect to changes in market value on securities, which have not been sold from the portfolio.
Regional Dealer. A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities and that is not a primary dealer.
Repurchase Agreement (RP, Repo). Short-term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller’s point of view, the same transaction is a reverse repurchase agreement.
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Safekeeping. A service to bank customers whereby securities are held by the bank in the customer’s name.
Structured Note. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities, or indices.
Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.
Supranationals. A supranational is a multi-national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries.
Total Rate of Return. A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio.
U.S. Treasury Obligations. Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk, and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds.
Treasury Bills. All securities issued with initial maturities of one year or less are issued as discounted instruments, and are called Treasury bills. The Treasury currently issues three- and six-month Tbills at regular weekly auctions. It also issues “cash management” bills as needed to smooth out cash flows.
Treasury Notes. All securities issued with initial maturities of two to ten years are called Treasury notes, and pay interest semi-annually.
Treasury Bonds. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semiannually.
Volatility. The rate at which security prices change with changes in general economic conditions or the general level of interest rates.
Yield to Maturity. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost.
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31 FIVE-YEAR AGREEMENT
BETWEEN THE
CITY OF STANTON
AND THE
COUNTY OF ORANGE
THIS AGREEMENT is entered into this First day of May 2023, which date is enumerated for purposes of reference only, by and between the CITY OF STANTON, hereinafter referred to as “CITY”, and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as “COUNTY”.
WITNESSETH:
WHEREAS, CITY wishes to contract with COUNTY for law enforcement services; and
WHEREAS, COUNTY is agreeable to rendering of such services, as authorized by Government Code sections 51301, and 55632 on the terms and conditions hereinafter set forth,
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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ATTACHMENT I
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31 TABLE OF CONTENTS
SECTION PAGE
A. TERM:.......................................................................................................3 B. OPTIONAL TERMINATION: .....................................................................3 C. REGULAR SERVICES BY COUNTY:.......................................................3 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY:..............6 E. BODY WORN CAMERA AND IN CAR VIDEO: ........................................9 F. PAYMENT:..............................................................................................10 G. NOTICES:...............................................................................................13 H. STATUS OF COUNTY:...........................................................................14 I. STATE AUDIT: .......................................................................................14 J. ALTERATION OF TERMS:.....................................................................14 K. INDEMNIFICATION: ...............................................................................15 L. OWNERSHIP OF POLICE BUILDING:...................................................16 M. OPERATIONS AGREEMENT:................................................................16 N. TRAFFIC VIOLATOR APPREHENSION PROGRAM:............................17 O. MOBILE DATA COMPUTERS:...............................................................20 P. E-CITATION UNITS:...............................................................................21 SIGNATURE PAGE:......................................................................................23 Attachment A: Regular Services by County
Attachment B: Payment
Attachment C: County Billing Policy
Attachment D: Forfeited and Seized Asset Policy
Attachment E: Operations Agreement
Attachment F: TVAP Resolution
Attachment G: TVAP Form
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31 A. TERM:
The term of this Agreement shall be for five (5) years, commencing July 1, 2023 and terminating June 30, 2028, unless earlier terminated by either party or extended in the manner set forth herein.
B. OPTIONAL TERMINATION:
COUNTY or CITY may terminate this Agreement, without cause, upon one hundred and eighty (180) days written notice to the other party.
C. REGULAR SERVICES BY COUNTY:
1. COUNTY, through its Sheriff-Coroner and deputies, officers and employees, hereinafter referred to a “SHERIFF”, shall render to CITY law enforcement services as hereinafter provided. Such services shall include the enforcement of lawful State statutes.
Sheriff shall be responsible for the enforcement of all lawful CITY ordinances, except those enforced by CITY. CITY shall be responsible for the enforcement of all lawful CITY ordinances, except those enforced by Sheriff. Except as otherwise directed by CITY’s Council, SHERIFF and CITY’s Manager shall jointly determine which of CITY’s lawful ordinances SHERIFF shall be responsible for enforcing.
2. The night, day and evening patrol and supervisory shifts will be established by SHERIFF. Personnel of each shift may work varying and different times and may be deployed to other shifts when, in the opinion of SHERIFF and CITY Manager, the need arises. Any long-term shift deployment change will be reported to the City Council.
3. Each fiscal year, at a date to be determined by CITY, COUNTY shall submit to CITY, in writing, a recommended level of service for the following fiscal year. CITY shall remit to COUNTY, in writing, its response to the recommended level of service. If the parties are unable to agree by June 30 of any fiscal year on the level of service to be provided by COUNTY to CITY
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31 C. REGULAR SERVICES BY COUNTY: (Continued)
or on the amount to be paid by CITY for services to be provided by COUNTY for the following fiscal year, this Agreement will terminate as of September 30 of the following fiscal year. If the parties do not agree by June 30 on the level of service and cost of services for the following fiscal year, between July 1 and September 30 of the following fiscal year, COUNTY will provide the level of service provided in the preceding fiscal year, and CITY shall be obligated to pay the costs of such services. The full cost of such services may exceed the cost of similar services provided in the prior fiscal year.
4. The level of service, to be provided by COUNTY for the period July 1, 2023 through June 30, 2024, is set forth in Attachment A.
5. For any service listed in Attachment A of this Agreement that is provided to CITY at less than 100% of a full-time SHERIFF position, COUNTY retains the option to terminate such service in the event other city or cities that contract for the balance of the time of the employee providing the service no longer pays for such service and CITY does not request the Agreement be amended to pay 100% of the cost of the employee providing such service.
The Maximum Obligation of CITY set forth in Subsection F-2 will be adjusted accordingly.
6. Reports, Copies, Licensing & Permits:
a. SHERIFF will handle requests for services such as: copies of Sheriff Department documents.
b. Fees for reports, copies, etc., as related to the services provided in this Agreement, will be at the COUNTY’s established rates.
c. Licensing and permit fees required or authorized by CITY ordinance or resolution will be at the rate established by CITY and will be collected and retained by CITY.
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31 C. REGULAR SERVICES BY COUNTY: (Continued)
d. COUNTY shall not provide any services related to any licensing or permits required by CITY ordinances or resolutions.
e. On the effective date of a City ordinance so providing, fees generated or collected by Sheriff contract personnel for response to false alarms in the CITY will be at CITY established rates and will be credited to CITY on an annual basis.
7. All services contracted for in this Agreement may not be operational on the precise date specified in this Agreement. In those instances, SHERIFF shall notify CITY Manager of the date or dates such service or services are to be implemented. COUNTY shall reduce the monthly charges to CITY, based on the actual date of implementation of the service or services. Charges shall be reduced on the next monthly billing tendered in accordance with Subsection F-5 of this Agreement.
8. During emergencies, such as mutual aid situations, SHERIFF will attempt to leave in CITY the Captain in charge of CITY Police Services.
If SHERIFF determines that the Captain is needed elsewhere, SHERIFF will notify CITY’s Manager within four (4) hours. SHERIFF will return Captain to CITY as soon as possible once the emergency situation is under control.
During the Captain’s absence, SHERIFF will designate an acting Police Services Chief.
9. With the limitations set forth below, SHERIFF, on behalf of COUNTY, and CITY Manager, on behalf of CITY, are authorized to execute written amendments to this Agreement to increase or decrease the level of service set forth in Attachment A, when SHERIFF and CITY Manager mutually agree that such increase or decrease in the level of service is appropriate. Any such amendment to the Agreement shall concomitantly increase or decrease the cost of services payable by CITY set forth in Attachment B
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31 C. REGULAR SERVICES BY COUNTY: (Continued)
and the Maximum Obligation of CITY set forth in Subsection F-2, in accordance with the current year’s COUNTY law enforcement cost study.
SHERIFF and CITY Manager shall file copies of any such amendments to this Agreement with the Clerk of COUNTY’s Board of Supervisors and CITY’s Clerk. Except for costs related to Sections F-8a and F-8b, changes to this Agreement executed by SHERIFF and CITY Manager may not, in the aggregate, increase or decrease the cost of services payable by CITY by more than one percent (1%) of the total cost originally set forth in Attachment B and the Maximum Obligation originally set forth in Subsection F-2.
Except for changes under Sections F-8a and F-8b, prior approval by COUNTY’s Board of Supervisors and CITY’s Council is required before execution of an amendment that brings the aggregate total of changes in costs payable by CITY to more than one percent (1%) of the total cost originally set forth in Attachment B and the Maximum Obligation originally set forth in Subsection F-2 of the Agreement.
D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY:
1. Enhanced services for events on CITY property. At the request of CITY, through its City Manager, SHERIFF may provide enhanced law enforcement services for functions, such as community events, conducted on property that is owned, leased or operated by CITY. SHERIFF shall determine personnel and equipment needed for such enhanced services. To the extent the services provided at such events are at a level greater than that specified in Attachment A of this Agreement, CITY shall reimburse COUNTY for such additional services, at an amount computed by SHERIFF, based on the current year's COUNTY law enforcement cost study. The cost of these enhanced services shall be in addition to the Maximum Obligation of CITY
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31 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) set forth in Subsection F-2 of this Agreement. SHERIFF shall bill CITY immediately after each such event.
2. Supplemental services for occasional events operated by private individuals and entities on non-CITY property. At the request of CITY, through its City Manager, and within the limitations set forth in this Subsection D-2, SHERIFF may provide supplemental law enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis and are operated by private individuals or private entities on non-CITY property. SHERIFF shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if SHERIFF is able to do so without reducing the normal and regular ongoing services that SHERIFF otherwise would provide to CITY pursuant to this Agreement. Such supplemental services shall be provided only by regularly appointed full-time peace officers, at rates of pay governed by a Memorandum of Understanding between COUNTY and the bargaining unit(s) representing the peace officers providing the services. Such supplemental services shall include only law enforcement duties and shall not include services authorized to be provided by a private patrol operator, as defined in Section 7582.1 of the Business and Professions Code. Law enforcement support functions, including, but not limited to, clerical functions and forensic science services, may be performed by non-peace officer personnel if the services do not involve patrol or keeping the peace and are incidental to the provision of law enforcement services. CITY shall reimburse COUNTY its full, actual costs of providing such supplemental services at an amount computed by SHERIFF, based on the current year's COUNTY law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of CITY set forth in Subsection F-2
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31 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) of this Agreement. SHERIFF shall bill CITY immediately after each such event.
3. Supplemental services for events operated by public entities on non-CITY property. At the request of CITY, through its City Manager, and within the limitations set forth in this Subsection D-3., SHERIFF may provide supplemental law enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis and are operated by public entities on non-CITY property. SHERIFF shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if SHERIFF is able to do so without reducing services that SHERIFF otherwise would provide to CITY pursuant to this Agreement, CITY shall reimburse COUNTY its full, actual costs of providing such supplemental services at an amount computed by SHERIFF, based in the current year’s COUNTY law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement. SHERIFF shall bill CITY immediately after each such event.
4. Notwithstanding the foregoing, CITY, through its permit process, may utilize the services of the Sheriff at events, for which CITY issues permits, that are operated by private individuals or entities or public entities. SHERIFF shall determine personnel and equipment needed for said events. If said events are in addition to the level of services listed in Attachment A of this Agreement, CITY shall reimburse COUNTY for such additional services at an amount computed by SHERIFF, based upon the current year’s COUNTY law enforcement cost study. The cost of these services shall be in addition to the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement.
SHERIFF shall bill CITY immediately after said services are rendered.
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31 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued)
5. In accordance with Government Code 51350, COUNTY has adopted Board Resolution 89-1160 which identifies Countywide services, including but not limited to helicopter response. SHERIFF through this contract provides enhanced helicopter response services. The cost of enhanced helicopter response services is included in the cost of services set forth in Attachment B and in the Maximum Obligation of CITY set forth in Subsection F-2.
COUNTY shall not charge any additional amounts for enhanced helicopter services after the cost of services set forth in Attachment B and in the Maximum Obligation set forth in Subsection F-2 has been established in any fiscal year without written notification to the CITY.
E. BODY WORN CAMERA AND IN CAR VIDEO:
1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide,body worn cameras (hereinafter called “BWC”) that will be worn by SHERIFF’s personnel and In Car Video (hererinafter called “ICV”) that will be mounted in vehicles designated by SHERIFF for use within CITY service area.
2. SHERIFF has the exclusive right to use said BWC and ICV for law enforcement services related to this Agreement.
3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of BWC and the acquisition and installation of ICV and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete.
The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of BWC and ICV, are included in the costs set forth in Attachment B and the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement unless CITY has already paid such costs.
ATTACHMENT I
ATTACHMENT I
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31 F. PAYMENT: (Continued)
2. Unless the level of service set forth in Attachment A is decreased or increased in accordance with Subsection C-9, the Maximum Obligation of CITY for services set forth in Attachment B to be provided by the COUNTY for the period July 1, 2023 through June 30, 2024 shall be $13,014,885.
The overtime costs included in the Agreement are only an estimate.
SHERIFF shall notify CITY of actual overtime worked during each fiscal year. If actual overtime worked is above and below budgeted amounts, billings will be adjusted accordingly at the end of the fiscal year. Actual overtime costs may exceed CITY’s Maximum Obligation.
3. The Maximum Obligation of CITY for services provided for the 12 month periods commencing July 1, 2024, 2025, 2026, and 2027, will be determined annually by COUNTY and approved by CITY.
4. COUNTY shall invoice CITY monthly. During the period July 1, 2023 through June 30, 2024, said invoices will require payment by CITY of onetwelfth (1/12) of the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement, as said Maximum Obligation may have been increased or decreased in accordance with Subsection C-9. If a determination is made that increases described in Subsection F-8 must be paid, COUNTY thereafter shall include the pro-rata charges for such increases in its monthly invoices to CITY for the balance of the period between July 1, 2023 and June 30, 2024.
5. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisors’ approved County Billing Policy, which is attached hereto as Attachment C.
6. COUNTY shall charge CITY late payment penalties in accordance with COUNTY Board of Supervisors’ approved COUNTY Billing Policy.
7. Narcotic asset forfeitures will be distributed pursuant to Attachment D of the Agreement, which is incorporated herein by this reference.
ATTACHMENT I
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31 F. PAYMENT: (Continued)
8a.At the time this Agreement is executed, there are unresolved issues pertaining to potential changes in salaries and benefits for COUNTY employees. The cost of such potential changes are not included in the Fiscal Year 2023-24, costs set forth in Attachment B nor in the Fiscal Year 2023-24, Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement. If the changes result in the COUNTY incurring or becoming obligated to pay for increased costs for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation set forth in Subsection F-2 of this Agreement, the full costs of said increases to the extent such increases are attributable to work performed by such personnel after July 1, 2023 and CITY’s Maximum Obligation hereunder shall be deemed to have increased accordingly. CITY shall pay COUNTY in full for such increases on a pro-rata basis over the portion of the period between July 1, 2023 and June 30, 2024 remaining after COUNTY notifies CITY that increases are payable. If the changes result in the COUNTY incurring or becoming obligated to pay for decreased costs for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, COUNTY shall reduce the amount owed by the CITY to the extent such decreases are attributable to work performed by such personnel during the period July 1, 2023 through June 30, 2024, and CITY’s Maximum Obligation hereunder shall be deemed to have decreased accordingly.
COUNTY shall reduce required payment by CITY in full for such decreases on a pro-rata basis over the portion of the period between July 1, 2023 and June 30, 2024 remaining after COUNTY notifies CITY that the Maximum Obligation has decreased.
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31 F. PAYMENT: (Continued)
8b.If CITY is required to pay for increases as set forth in Subsection F-8a above, COUNTY, at the request of CITY, will thereafter reduce the level of service to be provided to CITY pursuant to Attachment A of this Agreement to a level that will make the Maximum Obligation of CITY hereunder an amount specified by CITY that is equivalent to or higher or lower than the Maximum Obligation set forth in Subsection F-2 for said period at the time this Agreement originally was executed. The purpose of such adjustment of service levels will be to give CITY the option of keeping its Maximum Obligation hereunder at the pre-increase level or at any other higher or lower level specified by CITY. In the event of such reduction in level of service and adjustment of costs, the parties shall execute an amendment to this Agreement so providing, pursuant to Subsection C-9. Decisions about how to reduce the level of service provided to CITY shall be made by SHERIFF with the approval of CITY.
G. NOTICES:
1. Except for the notices provided for in Subsection 2 of this Section, all notices authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows:
CITY: ATTN: CITY MANAGER
7800 KATELLA AVE
STANTON, CA 90680
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COUNTY: ATTN: LAW ENFORCEMENT CONTRACT MANAGER
SHERIFF-CORONER DEPARTMENT
320 NORTH FLOWER STREET, SUITE 108
SANTA ANA, CA 92703
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31 G. NOTICES: (Continued)
2. Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as above.
H. STATUS OF COUNTY:
COUNTY is, and shall at all times be deemed to be, an independent contractor.
Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between CITY and COUNTY or any of COUNTY’s agents or employees. COUNTY and its SHERIFF shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by COUNTY pursuant to this Agreement. COUNTY, its agents and employees, shall not be entitled to any rights or privileges of CITY employees and shall not be considered in any manner to be CITY employees.
I. STATE AUDIT:
Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be subject to examination and audit by the State Auditor for a period of three (3) years after final payment by CITY to COUNTY under this Agreement. CITY and COUNTY shall retain all records relating to the performance of this Agreement for said three-year period, except that those records pertaining to any audit then in progress, or to any claims or litigation, shall be retained beyond said threeyear period until final resolution of said audit, claim or litigation.
J. ALTERATION OF TERMS:
This Agreement is comprised of this documents and Attachments A through G, which are attached hereto and incorporated herein by reference. This Agreement fully expresses all understanding of CITY and COUNTY with respect to the subject matter of this Agreement and shall constitute the total Agreement between the parties for these purposes. No addition to or alteration of the terms
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31 J. ALTERATION OF TERMS: (Continued)
of this Agreement, unless expressly provided herein, shall be valid unless made in writing, formally approved and executed by duly authorized agents of both parties.
K. INDEMNIFICATION:
1. COUNTY, its officers, agents, employees, subcontractors and independent contractors shall not be deemed to have assumed any liability for the negligence or any other act or omission of CITY or any of its officers, agents, employees, subcontractors or independent contractors, or for any dangerous or defective condition of any public street, work, or property of CITY, or for any illegality or unconstitutionality of CITY’s municipal ordinances. CITY shall indemnify and hold harmless COUNTY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors from any claim, demand or liability whatsoever based or asserted upon the condition of any public street, work, or property of CITY, or upon the illegality or unconstitutionality of any municipal ordinance of CITY that SHERIFF has enforced, or upon any act or omission of CITY, or its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors related to this Agreement, including, but not limited to, any act or omission related to the maintenance or condition of any vehicle or motorcycle that is owned or possessed by CITY and used by COUNTY personnel in the performance of this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and CITY shall defend, at its expense including attorney fees, and with counsel approved in writing by COUNTY, COUNTY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors in any legal action or claim of any kind based or asserted upon such condition of public street, work, or property, or illegality or
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31 K. INDEMNIFICATION: (Continued)
unconstitutionality of a municipal ordinance, or alleged acts or omissions. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of either party, CITY and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.
2. COUNTY shall indemnify and hold harmless CITY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors from any claim, demand or liability whatsoever based or asserted upon any act or omission of COUNTY or its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind of nature, and COUNTY shall defend, at its expense, including attorney fees, and with counsel approved in writing by CITY, CITY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors in any legal action or claim of any kind based or asserted upon such alleged acts or omissions.
L. OWNERSHIP OF POLICE BUILDING:
CITY will retain title to the land and building used for the Stanton Sheriff Station.
CITY agrees to lease the premises to COUNTY for no further consideration, during the period of this Agreement. Said license, has been memorialized in a separate document entitled “License Agreement” and dated September 1, 2020.
M. OPERATIONS AGREEMENT:
The COUNTY and the CITY agree to the responsibilities assigned in the Operations Agreement in Attachment E. Within the limitations set forth below, SHERIFF, on behalf of the COUNTY, and CITY Manager, on behalf of CITY, are authorized to execute written amendments to the Operations Agreement.
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31 M. OPERATIONS AGREEMENT: (Continued)
Amendments may be executed by SHERIFF and CITY Manager without prior approval by CITY’s Council and COUNTY’s Board of Supervisors only if they pertain to the same subject matter as the original Operations Agreement attached hereto and do not, in the aggregate, increase or decrease this Agreement by more than one percent (1%).
Prior approval of CITY’s Council and COUNTY’s Board of Supervisors is necessary for any other amendment of the Operations Agreement. SHERIFF and CITY Manager shall file copies of any amendments to the Operations Agreement with the Clerk of COUNTY’s Board of Supervisors and CITY’s Clerk.
N. TRAFFIC VIOLATOR APPREHENSION PROGRAM:
1. COUNTY has established a Traffic Violator Apprehension Program [“the Program”], which is operated by SHERIFF, and is designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and vehicle parking. The Program operates throughout the unincorporated areas of the COUNTY and in the cities that contract with COUNTY for SHERIFF’s law enforcement services, without regard to jurisdictional boundaries, because an area-wide approach to reduction of traffic accidents and driver education is most effective in preventing traffic accidents. In order for CITY to participate in the Program, CITY has adopted a fee pursuant to Vehicle Code section 22850.5, in the same amount as approved by County, as set forth in the TVAP resolution that is attached to the Agreement as Attachment F, and has directed that the revenue from such fee be used for the Program. CITY’s participation in the Program may be terminated at any time by rescission or amendment of the TVAP resolution that is attached to the Agreement as Attachment F. In the
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31 N. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued) event CITY 1) amends said TVAP resolution, or rescinds said TVAP resolution and adopts a new TVAP resolution pertaining to the abovereferenced fees and the Program, and 2) remains a participant in the Program thereafter, CITY’s Manager, on behalf of CITY, and SHERIFF, on behalf of COUNTY, have authority to execute an amendment of the Agreement to substitute CITY’s amended or new TVAP resolution for Attachment F to the Agreement, as long as said amendment to the Agreement does not materially change any other provision of the Agreement. As County updates its fees for the Program periodically, COUNTY will provide written notice to CITY of the updated fees. CITY’s participation in the Program will terminate if CITY determines not to adopt the updated fees for the Program.
2. COUNTY will make available for review, at the request of CITY, all financial data related to the Program as may be requested by CITY.
3. Fee revenue generated by COUNTY and participating cities will be used to fund the following positions, which will be assigned to the Program:
Ten one hundredths (0.10) Sergeant
(8 hours per two-week pay period)
One (1) Staff Specialist
(80 hours per two-week pay period)
One (1) Office Specialist
(80 hours per two-week pay period)
4. Fee revenue generated by CITY may be used to reimburse CITY for expenditures for equipment and/or supplies directly in support of the Program. In order for an expenditure for equipment and/or supplies to be eligible for reimbursement, CITY shall submit a request for and obtain preapproval of the expenditure by using the form as shown in Attachment G.
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31 N. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued) The request shall be submitted within the budget schedule established by SHERIFF. SHERIFF shall approve the expenditure only if both of the following conditions are satisfied: 1) there are sufficient Program funds attributable to revenue generated by CITY’s fee, to pay for the requested purchase, and 2) CITY will use the equipment and/or supplies, during their entire useful life, only for purposes authorized by its TVAP resolution in effect at the time of purchase.
In the event that CITY terminates its participation in the Program, CITY agrees that the equipment purchased by CITY and reimbursed by Program funds will continue to be used, during the remainder of its useful life, exclusively for the purposes authorized by CITY’s TVAP resolution in effect at the time of purchase.
In the event the fees adopted by COUNTY, CITY and other participating jurisdictions are not adequate to continue operation of the Program at the level at which it operated previously, COUNTY, at the option of CITY, will reduce the level of Program service to be provided to CITY or will continue to provide the existing level of Program services. COUNTY will charge CITY the cost of any Program operations that exceed the revenue generated by fees. Such charges shall be in addition to the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement. The amount of any revenue shortfall charged to CITY will be determined, at the time the revenue shortfall is experienced, according to CITY’s share of Program services rendered. In the event of a reduction in level of Program service, termination of Program service or adjustment of costs, the parties shall execute an amendment to the Agreement so providing. Decisions about how to reduce the level of Program service provided to CITY shall be made by SHERIFF with the approval of CITY.
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31 O. MOBILE DATA COMPUTERS:
1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, mobile data computers (hereinafter called “MDCs”) that are or will be mounted in patrol vehicles and motorcycles designated by COUNTY for use within CITY limits.
2. SHERIFF has the exclusive right to use said MDCs for law enforcement services related to the Agreement.
3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and installation of MDCs that are or will be mounted in patrol vehicles and motorcycles assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete.
The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of MDCs, are included in the costs set forth in Attachment B and the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacement/upgrade of said MDCs during the period July 1, 2023 through June 30, 2024.
4. If, following the initial acquisition of MDCs referenced above, CITY requires MDCs for additional patrol cars or motorcycles designated for use in the CITY, or for CITY Emergency Operations Center, COUNTY will purchase said additional MDCs. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition and installation of said additional MDC’s, and b) the full recurring costs for said MDCs, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete. Said costs related to additional MDCs are not
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31 O. MOBILE DATA COMPUTERS: (Continued)
included in, and are in addition to, the costs set forth in Attachment B and the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement.
COUNTY will replace and/or upgrade MDCs as needed. The costs of replacing/upgrading MDCs shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade MDCs.
P. E-CITATION UNITS:
1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, E-Citation units designated by COUNTY for use within CITY limits.
2. SHERIFF has the exclusive right to use said E-Citation units for law enforcement services related to this Agreement.
3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of E-Citation units that are assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete.
The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of E-Citation units, are included in the costs set forth in Attachment B and the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacement/upgrade of said E-Citation units during the period July 1, 2023 through June 30, 2024.
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31 P. E-CITATION UNITS: (Continued)
4. If, following the initial acquisition of E-Citation units referenced above, CITY requires E-Citation units designated for use in CITY, COUNTY will purchase said additional E-Citation units. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition of said additional E-Citation units, and b) the full recurring costs for said E-Citation units, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete. Said costs related to additional E-Citation units are not included in, and are in addition to, the costs set forth in Attachment B and the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement.
5. COUNTY will replace and/or upgrade E-Citation units as needed. The costs of replacing/upgrading E-Citation units shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade E-Citation units.
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ATTACHMENT I
ATTACHMENT I
ATTACHMENT A
LEVEL OF SERVICE PROVIDED BY SHERIFF:
Title Detail Quantity Frequency
MANAGEMENT:
Captain 1.00
SUPERVISION:
Sergeant Investigative 1.00 80 hrs./ per two wk. pay period Sergeant Patrol 4.00 each, 80 hrs./ per two wk. pay period INVESTIGATION SERVICES:
Investigator 2.00 each, 80 hrs./ per two wk. pay period Investigative Assistant 2.00 each, 80 hrs./ per two wk. pay period PATROL AND TRAFFIC SERVICES*:
Deputy Sheriff II -Patrol Patrol 22.00 each, 80 hrs./ per two wk. pay period Deputy Sheriff II -Motor Motorcycle 1.00 80 hrs./ per two wk. pay period
COMMUNITY SUPPORT
Community Services Officer 1.00 80 hrs./ per two wk. pay period CLERICAL SERVICES:
Office Specialist Office support 2.00 each, 80 hrs./ per two wk. pay period ADDITIONAL SERVICES:
Crime Prevention Specialist 1.00 80 hrs./ per two wk. pay period Office Trainee/Cadets (2 x 1,039 hours each)
TOTAL 37.00
* Deployment to be determined by SHERIFF in cooperation with CITY Manager REGIONAL / SHARED STAFF:
Title Regional Team Quantity % Allocation
TRAFFIC:
Sergeant Traffic 0.60 8.78%
Deputy Sheriff II Traffic 4.00 8.78%
Investigative Assistant Traffic 2.00 8.78%
Office Specialist Traffic 1.00 8.78%
AUTO THEFT:
Sergeant Auto Theft 0.30 15.31%
Investigator Auto Theft 2.00 15.31%
Investigative Assistant Auto Theft 1.00 15.31%
Office Specialist Auto Theft 1.00 15.31%
MOTORCYCLE (shared Supervision):
Sergeant Motorcycle Supervision 1.00 3.77%
TOTAL 12.90
"REGULAR SERVICES BY COUNTY"
(Subsection C-4)
CITY OF STANTON
ORANGE COUNTY SHERIFF-CORONER
FY 2023-24 LAW ENFORCEMENT CONTRACT
ATTACHMENT I
ATTACHMENT B
COST OF SERVICES PROVIDED BY SHERIFF (Subsection F-2):
Title Detail Quantity
Cost of Service
(each)
Cost of Service
Total
MANAGEMENT:
Captain 1.00 $ 424,190 $ 424,190
SUPERVISION:
Sergeant Investigative 1.00 $ 333,524 $ 333,524
Sergeant Patrol 4.00 $ 350,221 $ 1,400,884
INVESTIGATION SERVICES:
Investigator 2.00 $ 298,691 $ 597,382
Investigative Assistant 2.00 $ 144,972 $ 289,943
PATROL AND TRAFFIC SERVICES:
Deputy Sheriff II -Patrol Patrol 22.00 $ 290,040 $ 6,380,880 Deputy Sheriff II -Motor Motorcycle 1.00 $ 294,890 $ 294,890
COMMUNITY SUPPORT
Community Services Officer 1.00 $ 135,336 $ 135,336
CLERICAL SERVICES:
Office Specialist Office support 2.00 $ 107,119 $ 214,238 ADDITIONAL SERVICES:
Crime Prevention Specialist 1.00 $ 114,231 $ 114,231
Office Trainee/Cadets (2 x 1,040 hours each) $ 50,374
TOTAL POSITIONS 37.00 $ 10,235,872
REGIONAL / SHARED STAFF:
Title Regional Team Quantity % Allocation Cost $
TRAFFIC:
Sergeant Traffic 0.60 8.78% $ 24,493
Deputy Sheriff II Traffic 4.00 8.78% $ 128,676
Investigative Assistant Traffic 2.00 8.78% $ 27,627
Office Specialist Traffic 1.00 8.78% $ 10,757
AUTO THEFT:
Sergeant Auto Theft 0.30 15.31% $ 21,307
Investigator Auto Theft 2.00 15.31% $ 105,049
Investigative Assistant Auto Theft 1.00 15.31% $ 24,262 Office Specialist Auto Theft 1.00 15.31% $ 18,280
MOTORCYCLE (shared Supervision):
Sergeant Motorcycle Supervision 1.00 3.77% $ 15,248
TOTAL REGIONAL/SHARED 12.90 $ 375,699
OTHER CHARGES AND CREDITS (Subsection F-2):
OTHER CHARGES:
CREDITS:
TOTAL OTHER CHARGES AND CREDITS $ 2,403,314
TOTAL COST OF SERVICES (Subsection F-2) $ 13,014,885
ORANGE COUNTY SHERIFF-CORONER
FY 2023-24 LAW ENFORCEMENT CONTRACT
CITY OF STANTON
"PAYMENT"
(Subsection F-2)
Credits include: AB109 (2011 Public Safety Realignment), deployment savings; estimated vacancy credits; false alarm fees; reimbursement for training and miscellaneous programs; and restitution credits.
Other Charges include: Annual leave paydowns and apportionment of cost of leave balances paid at end of employment; Body Worn Camera (BWC) and In Car Video (ICV); contract administration; data line charges; services and supplies; enhanced helicopter response services; E-Citation recurring costs for one (1) unit; holiday pay; Integrated Law & Justice of Orange County fees; Mobile Data Computer (MDC) recurring cost for twenty-three (24) units; overtime; patrol training cost allocation; premium pay for bilingual staff, education incentive pay and on-call;and transportation charges.
ATTACHMENT I
ATTACHMENT C
COUNTY BILLING POLICY
APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992
I. POLICY
All County agencies/departments/districts (County) governed by the Board of Supervisors shall bill contracting entities for materials and/or services provided under contract in accordance with the following standardized billing and collection policy. Billing frequency is dependent on whether the contract is a fixed price or actual cost contract. Payment due date is designed to be both responsive to the County’s cash flow needs and reasonable enough as to not require special processing by the contracting entity. If payments are not received by the required due dates, a late payment fee shall be computed and billed to the contracting entity in accordance with the requirements of this procedure.
Nothing herein shall affect the liability, including pre-judgment interest, of the contracting party for services or materials in as much as this is a policy to enact standard billing practices.
II. DEFINITIONS
A. Contract for the purposes of this policy - A contract is a formal written agreement, a purchase order from the contracting entity, or any other acceptable mutual understanding between the contracting parties.
B. Received by the County - The phrase “received by the County”, as used in Section VI of this policy, refers to the date a payment is received by the County. It is defined as the date the payment is in the County’s possession. It is not the date the payment is posted or deposited by the County.
III. FIXED PRICE CONTRACTS
A. Fixed Price (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued no later than five (5) working days after delivery by the County of the materials and/or services.
Examples of such one-time, non-recurring provision of materials and/or services might be a city contracting with the Sheriff for security service at a parade or sporting event; or, a city purchasing a computer listing containing certain city-requested data. Payment due date shall be invoice date plus 30 days.
B. Fixed Price (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued according to the following frequency:
1. Annual Billings that total $10,000 or less per 12-month period shall be billed via one (1) annual invoice. Annual invoices will be issued for each 12-month period of the contract, or portions thereof. Invoices shall be issued no later than five working days after the beginning of each 12-month period. Payment due date shall be invoice date plus 30 days.
ATTACHMENT I
2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12- month period, shall be billed in quarterly installments. Quarterly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into four (4) installments. Invoices shall be issued no later than 30 days after the beginning of each quarter. Payment due date shall be 60 days after the beginning of each calendar quarter.
3. Monthly Billings that are greater than $200,000 per 12-month period shall be billed in monthly installments. Monthly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into 12 installments. Invoices shall be issued on or before the first day of each service month. Payment due date shall be 30 days after the beginning of each service month.
An example of a fixed price contract for ongoing, recurring provision of materials and/or services might be a city contracting with the Sheriff for law enforcement services.
IV. ACTUAL COST CONTRACTS
A. Actual Cost (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued after delivery by the County of the materials and/or services and no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days.
B. Actual Cost (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued on a monthly basis and shall represent the cost of materials and/or services provided to the contracting entity during the previous calendar month. Such invoices shall be issued no later than 15 days after the close of the monthly billing period. If the County agency/department/district does not utilize a monthly billing cycle, the invoice shall be issued no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days.
Examples of actual cost contracts for the ongoing, recurring provision of materials and/or services might be a city contracting with the County for communications equipment repair or waste disposal at a County landfill.
V. PAYMENT DUE DATES
Notwithstanding the provisions of Sections II and III above, payment due date shall be at least invoice date plus 30 days. If the County is late in issuing an invoice, the contracting entity would always have at least invoice date plus 30 days to pay. If the County is early in issuing an invoice, the contracting entity would still have a payment due date of either 60 days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of the service month (monthly invoices).
(EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have a payment due date of November 7. An invoice for August service, dated and issued July 20 (early) would have a payment due date of August 30.)
ATTACHMENT I
VI. LATE CHARGES
The late payment of any invoiced amount by a contracting entity will cause the County to incur costs not contemplated by the County/contracting entity agreement, the exact amount of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to, costs such as administrative follow-up and processing of delinquent notices, increased accounting costs, etc.
Late charges will be assessed in the following situations:
Over-the-counter payments will be assessed a late charge if any payment is not received by the County by the payment due date.
Payments transmitted to the County via the U.S. Mail that have the payer’s postage meter mark will be assessed a late charge if any payment is not received by the County by the payment due date plus one day.
Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office postmark dated after the payment due date will be assessed a late charge.
The late charge assessed in each of these situations shall be three-quarters of one percent (0.75%) of the payment due and unpaid plus $100.00 for late payments made within 30 days of the payment due date. An additional charge of three-quarters of one percent (0.75%) of said payment shall be added for each additional 30-day period that the payment remains unpaid. Late charges shall be added to the payment and invoiced to the contracting entity in accordance with this policy.
VII. COLLECTIONS
Any invoice remaining unpaid 90 days after the invoice date shall be referred to the AuditorController for subsequent collection action, such as deduction from contracting entity moneys on deposit with the County Treasurer in accordance with Government Code Section 907 and any other applicable provision of law. Non-payment of invoices and applicable late charges will constitute a breach of contract for which the County retains all legal remedies including termination of the contract.
VIII. DISCOUNT FOR EARLY PAYMENT
Any payment received by the County from a contracting entity 20 days or more before the payment due date shall be entitled to a discount of one-quarter of one percent (0.25%). If the contracting entity takes a discount, and the payment is received by the County less than 20 days before the payment due date, County staff shall immediately notify the contracting entity by telephone that the discount should not have been taken and that the balance is due by the original payment due date.
If the balance is not received by the County in accordance with the dates as specified in Section VII, applicable late charges shall be calculated on the balance due.
ATTACHMENT I
IX. DEFERRED REVENUE
At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal year being closed out that represents charges or prepayment for materials and/or services for the upcoming fiscal year shall be reclassified from a revenue account to a deferred revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which represents charges for the 12-month period June 1, 19X1 to May 31, 19X2. The amount to be reclassified to deferred revenue would be $44,000, representing 11/12ths of the total amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification entries shall be made by Auditor-Controller Agency Accounting units, or for those agencies/departments/districts without such a unit, the agency/department/district shall notify the Auditor-Controller of the amounts to be reclassified.
X. COST RECOVERY
All County agencies/department/districts shall include all costs of providing contracted services in contract rates. Including all direct costs, allocated indirect costs such as departmental and County (CWCAP) overhead, and cost of capital financing.
XI. EXISTING CONTRACTS
Billing terms and provisions contained in existing contracting entity agreements (existing as of the date this policy is approved by the Board of Supervisors) shall remain in effect for the life of the contract. However, when these existing contracts are renegotiated, they shall contain the billing provisions as set forth in this policy.
XII. DEVIATIONS FROM POLICY
Deviations from this policy shall be approved by the Board of Supervisors. Proposed deviations by agencies/departments/districts shall be submitted to the CEO for concurrence in advance of filing an Agenda Item Transmittal (AIT) with the Clerk of the Board. The CEO, or his/her designee, shall advise the agency/department/district of approval or disapproval of the proposed deviations. If a County agency/department/district submits a contract to the Board of Supervisors for approval, and the billing provisions in the contract deviate from this policy, the agency/department/district shall specifically advise the Board of Supervisors in the AIT of the deviation, the reason for the deviation, and of the CEO’s recommendation relative thereto.
ATTACHMENT I
5/7/2020 Rev.
ATTACHMENT D
POLICY FOR DISTRIBUTION OF FORFEITED AND SEIZED ASSETS
BACKGROUND
The Orange County Sheriff’s Department provides contract law enforcement services to cities in Orange County. Because of the increased likelihood that contracted patrol or investigation personnel may become involved in significant narcotic seizures, which could affect law enforcement services provided by the Sheriff’s Department to contract cities, the following policy is in effect.
CONTRACTED PATROL AND INVESTIGATION OFFICERS
When assets (cash or property) are seized in CITY by contracted patrol or investigation personnel, and subsequently forfeited to COUNTY’s Sheriff Department, hereinafter referred to as “SHERIFF”, the forfeited assets shall be shared with CITY as set forth below, for the purpose of augmenting law enforcement services in CITY, subject to guidelines by the forfeiting agency of such sharing and use of forfeited assets. A portion of forfeited assets may be retained by SHERIFF, to pay for departmental expenses not recovered through law enforcement contracts.
In such cases, pursuant to the forfeiting agency’s guidelines, SHERIFF shall apply to the forfeiting agency for the return of a share of assets. In his application, SHERIFF shall specify the percentage of shared assets returned to SHERIFF that will be used to augment law enforcement services in CITY and the use of said assets by CITY.
In those cases in which assets are seized within CITY by personnel assigned to CITY pursuant to this Agreement, without the involvement of other law enforcement personnel, and in which the seizure is a result solely of activities self-initiated by SHERIFF personnel assigned to CITY or initiated by said personnel in response to calls for service within CITY, SHERIFF shall apply to have all of the assets used to augment CITY law enforcement services.
In those cases in which SHERIFF personnel assigned to CITY pursuant to this Agreement play an ancillary role in a seizure or in which other law enforcement personnel are involved in a seizure, SHERIFF shall determine the percentage of the total forfeited assets for which he will apply to augment CITY’s law enforcement services. This determination will be based on the circumstances of the seizure, including the pro-rata involvement of all personnel, including those assigned to CITY.
Each seizure will be evaluated on an individual and independent basis, and said evaluations will be available for review to CITY’s manager. Examples of those incidents which would be evaluated as set forth in this section include situations in which a contract patrol deputy provides uniformed backup at a SHERIFF’s Narcotic Bureau search warrant location or in which contract investigators participate in the service of a search warrant that was initiated by non-contract law enforcement personnel.
Assets (cash or property) that are returned to SHERIFF by the forfeiting agency with the understanding that they will be used to augment CITY law enforcement services shall be used by CITY and SHERIFF only for such purposes. If the forfeiting agency attaches additional or more specific conditions to the use of said assets, CITY and SHERIFF shall also abide by those conditions. SHERIFF and CITY’s manager shall determine the specific use of said assets within the conditions imposed by the forfeiting agency.
ATTACHMENT I
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31 OPERATIONS AGREEMENT
BETWEEN THE
SHERIFF-CORONER
AND THE
CITY OF STANTON
Effective July 1, 2023
The purpose of this OPERATIONS AGREEMENT is to define, in greater detail, the areas of responsibility between the CITY OF STANTON, hereinafter referred to as “CITY” and COUNTY OF ORANGE, SHERIFF-CORONER, hereinafter referred to as “SHERIFF”.
A. USAGE OF THE STANTON POLICE SERVICES BUILDING AND PROPERTY:
1. Public Access to Stanton Police Services Building
The Stanton Police Services Building will be open to the public depending on staffing availability. The hours of operation will be determined by the Captain in charge of Police Services in consultation with the CITY Manager.
2. Personnel Authorized to Use the Facility
SHERIFF will utilize the Stanton Police Services Building for SHERIFF employees whose services are contracted to CITY. SHERIFF and CITY agree that effective January 25, 2013, SHERIFF personnel who are regularly deployed to deliver services to various unincorporated areas, generally located in West Orange County, may operate in and out of the Police Building as a regular duty station.
3. Booking Prisoners at the Police Building
Prisoners will not be booked or housed at the Stanton Police Services Building, with the exception of SHERIFF Community Work Program participants.
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ATTACHMENT E
ATTACHMENT I
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31 A. USAGE OF THE STANTON POLICE SERVICES BUILDING AND PROPERTY: (Continued)
4. Fingerprinting Services
Citizen fingerprinting services will be performed at SHERIFF’s facility in Santa Ana.
B. PERSONNEL AND DEPLOYMENT:
1. All Deputy Sheriff, Investigator, Sergeant and Management Services positions, shall be full-time, paid positions.
2. During emergencies, such as mutual aid situations, SHERIFF will attempt to leave in CITY the Captain in charge of CITY Police Services. If SHERIFF determines that the Captain is needed elsewhere, SHERIFF will notify CITY’s Manager within four (4) hours. SHERIFF will return Captain to CITY as soon as possible once the emergency situation is under control. During the Captain’s absence, SHERIFF will designate an acting Police Services Chief.
3. Except as otherwise indicated in the Agreement, personnel assigned to Patrol, Management, Supervision, General Investigation, Clerical and Additional Services shall be assigned to full-time positions (80 hours per two-week pay period) in CITY. As used herein, the term “full-time position” contemplates that the employees assigned to CITY will not report to their CITY assignments, but that CITY will pay the full costs for said employees as set forth herein, during the following:
a. COUNTY-paid holidays.
b. Sick leave to the extent that it does not exceed the greater of (1) 12 days per year, per position, or (2) the amount of leave accrued by an employee assigned to CITY during the time he or she has been assigned to CITY.
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ATTACHMENT I
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31 B. PERSONNEL AND DEPLOYMENT: (Continued)
c. Vacation leave to the extent it does not exceed an amount permitted by COUNTY to be accumulated by an employee at any one time. d. Training as mandated by the California Commission on Peace Officers Standards and Training (P.O.S.T.) or as mandated by SHERIFF. e. Bereavement leave as authorized by COUNTY.
f. Jury duty leave as authorized by COUNTY.
g. Participation in specialized SHERIFF services that are available throughout the County, including in CITY, without charge, in accordance with COUNTY Resolution No. 89-1160.
h. Responses to mutual aid and natural or man-made disasters or emergencies.
4. A position unfilled for any period as a result of Workers’ Compensation leave shall be considered on leave. A position unfilled for any period as a result of reassignment to another function within SHERIFF’s Department shall be considered vacant. The COUNTY will provide a credit to the CITY for the hours a position is vacant. The credit may be offset with overtime and reconciled at fiscal year-end.
5. In the event an employee assigned to the CITY participates in specialized SHERIFF services as described in Subsection 3-g above, and the SHERIFF determines that overtime coverage of the employee’s absence at CITY is required, the additional cost of such overtime will not be charged to the CITY.
6. In the event the COUNTY receives reimbursement for services as described in Subsection 3-h above that are provided by COUNTY personnel assigned to CITY, the COUNTY will credit the reimbursement to the CITY, unless the work usually performed by COUNTY personnel for Stanton is otherwise performed by COUNTY during the period when COUNTY personnel
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31 B. PERSONNEL AND DEPLOYMENT: (Continued)
assigned to Stanton are providing services described in Subsection 3-h above.
C. TELEPHONE USED BY CITIZENS:
A telephone shall be maintained outside the Stanton Police Station building.
The telephone is to be used by citizens requesting services. When the receiver is lifted, the telephone will ring at SHERIFF’S Emergency Communications Bureau or other location designated by SHERIFF. SHERIFF is responsible for payment and maintenance of the telephone line and equipment located outside the Stanton Police Station building.
D. TRAFFIC AND PARKING IN THE AREA OF THE POLICE BUILDING:
1. CITY shall maintain a traffic signal at Cedar Street and Katella Avenue.
2. CITY shall install and maintain physical barriers that do not permit westbound wrong way traffic movement on Stanton Park Road at the south end of Cedar Street and on Stanton Park Road where it opens onto Beach Boulevard.
3. CITY shall establish a 30-minute parking zone on the east side of Cedar Street in front of the Police Building.
4. CITY shall enforce municipal parking ordinances on Cedar Street in front of the Police Building and in the Stanton Civic Center parking structure on Cedar Street.
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ATTACHMENT I
RESOLUTION NO. 2021-08
RESOLUTION NO. 2021-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AUTHORIZING THE ORANGE COUNTY SHERIFF’S DEPARTMENT TO COLLECT
ITS UPDATED FEE FOR THE TRAFFIC VIOLATOR APPREHENSION PROGRAM IN
THE CITY OF STANTON
WHEREAS, the Orange County Sheriff-Coroner Department (“the Sheriff”) has instituted a Traffic Violator Apprehension Program designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and parking; and WHEREAS, the Sheriff operates the Traffic Violator Apprehension Program in the unincorporated areas of Orange County and in cities (such as the City of Stanton) that contract for the Sheriff’s law enforcement services; and WHEREAS, operating the Traffic Violator Apprehension Program on an area-wide basis without regard to jurisdictional boundaries between the County and contract cities serves the public purpose of the City because drivers routinely cross jurisdictional boundaries, making an area-wide approach to reduction of traffic accidents and driver education most effective in preventing traffic accidents in all participating jurisdictions; and WHEREAS, on March 28, 2000, the Orange County Board of Supervisors adopted Resolution No. 00-96, which established fees for the Traffic Violator Apprehension Program that are applicable in unincorporated areas of the County. The fees established by County Resolution No. 00-96 address the Sheriff’s administrative costs relating to the removal, impound, storage, or release of properly impounded vehicles; and WHEREAS, on October 10, 2000, the Stanton City Council adopted Resolution No. 2000- 57, which authorized the Sheriff to collect fees in the City in connection with the Traffic Violator Apprehension Program in amounts identical to the County’s fees as set forth in County Resolution No. 00-96; and
WHEREAS, the Board of Supervisors has established an interest-earning, budgeted special revenue fund, called the “Traffic Violator Fund” and designated as Fund 13B, to be controlled by the Sheriff; and
WHEREAS, the Board of Supervisors has directed that proceeds from the Traffic Violator Apprehension Program fees be deposited into the Traffic Violator Fund; and WHEREAS, the Board of Supervisors has directed that funds from the Traffic Violator Fund must be used to reimburse the Sheriff for the administrative costs associated with the removal, storage, impound, and release of vehicles in accordance with the California Vehicle Code (“Vehicle Code”); and
ATTACHMENT F
ATTACHMENT I
RESOLUTION NO. 2021-08
WHEREAS, the Sheriff impounds vehicles removed from highways, public property, and private property in the unincorporated areas of the County and in contract cities pursuant to the following authority under the Vehicle Code:
Vehicle Code Section and Impound Ground
14602.6 Suspended, revoked or unlicensed driver/30-day hold 22651 (a) Unattended vehicle on bridge
22651 (d) Vehicle blocking driveway
22651 (e) Vehicle blocking fire hydrant
22651 (f) Vehicle blocking freeway
22651 (h) (1) Driver arrested
22651 (h) (2) Order of suspension or revocation pursuant to section 13388 22651 (i) (1) Multiple parking citations
22651 (j) Lack of vehicle registration
22651 (k) Parking over seventy-two hours
22651 (l) Parking in a construction zone
22651 (m) Violation of special events restriction
22651 (n) No parking zone
22651 (o) (1) Vehicle registration is incorrect, falsified or expired by more than six months
22651 (p) Driver unlicensed or license suspended
22651 (r) Vehicle blocking another vehicle
22651 (t) Notice to appear/illegal amber lights
22651 (u) Acting as a car dealer without a license or temporary permit 22651 (v) Illegally letting stand a mobile billboard advertisement 22651 (w) Second or subsequent violation of an ordinance 22655.3 Removal for investigation (fleeing in violation of section 2800.1 or 2800.2)
ATTACHMENT I
RESOLUTION NO. 2021-08
22655.5 (a) Vehicle was used as the means of committing a public offense 22655.5 (b) Vehicle is evidence of crime
22669 Abandoned vehicle
WHEREAS, Vehicle Code section 22850.5 authorizes the City Council, by resolution, to establish a fee equal to the administrative costs relating to the removal, impound, storage, or release of properly impounded vehicles; and
WHEREAS, approximately 20 years have passed since the Board of Supervisors first established the Traffic Violator Apprehension Program fees in County Resolution No. 00- 96; and
WHEREAS, a cost study prepared in 2020 by the Sheriff demonstrated a need to update the County’s Traffic Violator Apprehension Program fees. The Sheriff’s cost study determined that the Sheriff’s administrative costs relating to the removal, impound, storage, or release of vehicles properly impounded under the Vehicle Code is $144.00 per removal; and
WHEREAS, on November 17, 2020, the Board of Supervisors adopted an updated Traffic Violator Apprehension Program fee of $144.00 per removal; and WHEREAS, consistent with the City’s authority under Vehicle Code section 22850.5, the Sheriff has requested that the City update its Traffic Violator Apprehension fees to match the County’s new fee of $144.00 per removal; and
WHEREAS, the City Council desires to update the Traffic Violator Apprehension Program fee to match the County and further desires for the Sheriff to continue to collect the fee on behalf of the City. Continuing with such a practice will ensure that persons whose vehicles are impounded, rather than the public as a whole, will bear the administrative costs of such impounds; and
WHEREAS, Vehicle Code section 22850.5 imposed the following restrictions on the imposition of this administrative fee:
a) The fee may only be imposed on the registered owner or the agents of that owner and may not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068.1 to 3074, inclusive, of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lienholder’s total charges and proper administrative costs; and b) Any charges shall be collected by the local or state authority only from the registered owner or an agent of the registered owner; and c) The charges shall be in addition to any other charges authorized or imposed pursuant to this code; and
ATTACHMENT I
RESOLUTION NO. 2021-08
d) The fee does not include any administrative costs associated with conducting a hearing or appeal relating to the removal, impound, storage, or release of a vehicle; and
WHEREAS, in addition to the limitations set forth above, it is also unfair to impose the administrative fee authorized by Vehicle Code section 22850.5 in the following circumstances: 1) when the vehicle was left because it became inoperable while being drive, if the owner makes good faith attempts promptly to remove the vehicle from location where it is not permitted, 2) when the vehicle was stolen, 3) when the vehicle was left by an ill or injured driver, and 4) when it is demonstrated to the satisfaction of the Sheriff or his/her designee that neither the registered owner of the vehicle nor his/her agent, if any, was at fault in creating the circumstances leading to the impounding of the vehicle; and WHEREAS, a notice of public hearing with respect to the proposed new Traffic Violator Apprehension Program fee provided herein was given according to law; and WHEREAS, a public hearing pertaining to the new Traffic Violator Apprehension Program fee was held on March 23, 2021.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
SECTION 1. The recitals above are true and correct and are hereby incorporated and made an operative part of this Resolution.
SECTION 2. The City Council finds that in accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Resolution is exempt from CEQA pursuant to Public Resources Code section 21080 (b)(8) and Sections 15061(b)(3) and 15273(a)(1) of Title 14 of the California Code of Regulations because 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 in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, this Resolution does not undertake any project that has the potential for causing a significant effect on the environment as the Resolution simply authorizes the Orange County Sheriff’s Department to collect its updated operating costrecovery fee for the removal, impoundment, and storage of vehicles for specified Vehicle Code violations.
SECTION 3. That on March 23, 2021, the administrative fee indicated below shall become effective for the removal, impound, storage, or release of vehicles properly impounded after removal from locations in the City in accordance with or on account of provisions of the Vehicle Code listed below:
ATTACHMENT I
RESOLUTION NO. 2021-08
A fee of $144.00 for each removal of a vehicle in accordance with or on account of violation of Vehicle Code sections:
14602.6 Suspended, revoked or unlicensed driver/30-day hold 22651 (a) Unattended vehicle on bridge
22651 (d) Vehicle blocking driveway
22651 (e) Vehicle blocking fire hydrant
22651 (f) Vehicle blocking freeway
22651 (h) (1) Driver arrested
22651 (h) (2) Order of suspension or revocation pursuant to section 13388 22651 (i) (1) Multiple parking citations
22651 (j) Lack of vehicle registration
22651 (k) Parking over seventy-two hours
22651 (l) Parking in a construction zone
22651 (m) Violation of special events restriction
22651 (n) No parking zone
22651 (o) (1) Vehicle registration is incorrect, falsified or expired by more than six months
22651 (p) Driver unlicensed or license suspended
22651 (r) Vehicle blocking another vehicle
22651 (t) Notice to appear/illegal amber lights
22651 (u) Acting as a car dealer without a license or temporary permit 22651 (v) Illegally letting stand a mobile billboard advertisement 22651 (w) Second or subsequent violation of an ordinance 22655.3 Removal for investigation (fleeing in violation of section 2800.1 or 2800.2)
22655.5 (a) Vehicle was used as the means of committing a public offense
ATTACHMENT I
RESOLUTION NO. 2021-08
22655.5 (b) Vehicle is evidence of crime
22669 Abandoned vehicle
SECTION 4. The Sheriff is authorized to collect the fee established herein, on behalf of the City, at the time of release of vehicles that are subject to the fee.
SECTION 5. The fee established herein shall only be imposed on the registered owner or the agent of the owner of the impounded vehicle, shall not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068.1 to 3074, inclusive of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lienholder’s total charges and proper administrative costs.
SECTION 6. The fee established herein shall be collected only from the registered owner or an agent of the registered owner and that said fee is in addition to any other charges authorized or imposed pursuant to the Vehicle Code.
SECTION 7. The fee established herein complies with Vehicle Code section 22850.5 (b)(4) as the cost study conducted by the Sheriff that supports the $144.00 per removal fee did not include administrative costs for conducting a hearing or appeal related to the removal, impound, storage, or release of a vehicle.
SECTION 8. The Sheriff shall not impose the fee established herein in any of the following circumstances: (a) when the vehicle was left because it became inoperable while being driven, if the owner made good faith attempts promptly to remove the vehicle from a location where it was not permitted: (b) when the vehicle was stolen; (c) when the vehicle was left by an ill or injured drive; or (d) when it is demonstrated to the satisfaction of the Sheriff or his/her designee that neither the registered owner of the vehicle nor his/her agent, if any, was at fault in creating the circumstances leading to the impounding of the vehicle.
SECTION 9. A registered owner or an agent of a registered owner who believes he/she/they are exempt from the fee established herein under any of the criteria listed in Section 8 above may apply in writing for a waiver of the fee and shall present such supporting information or documentation, as the Sheriff may request, to the City’s Administrative Sergeant. Upon the presentation of a written application for waiver of said fee, together with such supporting documentation as may be requested by the Sheriff, the Administrative Sergeant or his/her designee shall determine promptly whether the applicant meets the criteria for a waiver of the fee and if so, shall waive the fee.
SECTION 10. Until further order of the City Council, the Sheriff is directed to deposit the proceeds of the fee established herein into Traffic Violator Fund in the County Treasury.
Proceeds from the Traffic Violator Fund shall be used in conformance with the County’s restrictions for the same as well as in conformance with any applicable provisions set forth in the City’s agreement with the County for the Sheriff’s law enforcement services.
ATTACHMENT I
RESOLUTION NO. 2021-08
SECTION 11. Until further order of the City Council, the Board of Supervisors is authorized to carry forward in the Traffic Violator Fund and accumulate any balance of proceeds of fees imposed by this Resolution that remains at the end of a fiscal year, as long as such fee proceeds will be used for the purposes provided herein.
SECTION 12. This Resolution supersedes Resolution No. 2000-57.
PASSED, APPROVED, AND ADOPTED this 23rd day of March, 2021. __________________________
DAVID J. SHAWVER, MAYOR
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. 2021-08 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 March 23, 2021, and that the same was adopted, signed and approved by the following vote to wit:
AYES: Ramirez, Shawver, Taylor, Van, Warren
NOES: None
ABSENT: None
ABSTAIN: None
_________________________________________
PATRICIA A. VAZQUEZ, CITY CLERK
ATTACHMENT I
OCSD
BUDGET
USE ONLYR E Q U E S T C ER TI FI CA T IO N A P P R O V A L S
ORANGE COUNTY SHERIFF-CORONER
TRAFFIC VIOLATOR APPREHENSION PROGRAM
CONTRACT CITY
Participating City Request to Purchase From the TVA in FY Date
APPLICABILTY
QUANTITY ITEM DESCRIPTION TO TVA PROGRAM ESTIMATED COST
THE CITY CERTIFIES THAT THE EQUIPMENT PURCHASED BY CITY AND TO BE REIMBURSED BY PROGRAM FUNDS
WILL BE USED FOR ITS ENTIRE USEFUL LIFE EXCLUSIVELY FOR THE PURPOSES OF THE TRAFFIC VIOLATOR
APPREHENSION PROGRAM
CITY MANAGER REQUEST:
Printed Name
Signature: DATE
Recommended For Approval
CITY POLICE SERVICES CHIEF MANAGER – TVA PROGRAM
ORANGE COUNTY SHERIFF-CORONER DEPARTMENT
ATTACHMENT G
ATTACHMENT I
DIRECT PURCHASE REGULAR SERVICES & COUNTY SAVINGS/
NO POSITIONS SALARY OVERTIME BENEFITS POST PAY SUPPLIES TRANSP. DEPT. OH DIV. OH TRAINING OH OTHER REVENUE TOTAL 1 Captain 201,059 0 182,992 0 3,703 0 9,240 19,776 4,525 2,895 0 0 424,190 1 Sergeant/ Investigative 151,382 0 141,490 13,984 3,703 0 9,240 6,819 4,525 2,381 0 0 333,524 4 Sergeant/ Patrol 605,528 0 565,960 55,936 14,812 0 36,960 94,064 18,100 9,524 0 0 1,400,884 2 Investigator 267,156 0 253,930 23,536 7,406 0 18,480 13,638 9,050 4,186 0 0 597,382 22 DS II Patrol 2,684,748 0 2,548,392 164,824 81,466 0 203,280 557,590 99,550 41,030 0 0 6,380,880 1 DS II Motorcycle 125,034 0 117,643 7,492 3,703 0 9,240 25,345 4,525 1,908 0 0 294,890 31 Subtotal Safety $4,034,907 $0 $3,810,407 $265,772 $114,793 $0 $286,440 $717,232 $140,275 $61,924 $0 $0 $9,431,750 1 Community Service Officer 57,408 0 40,642 0 3,703 0 9,240 23,516 0 827 0 0 135,336 2 Investigative Assistant 135,408 0 113,454 0 7,406 0 18,480 13,245 0 1,950 0 0 289,943 1 Crime Prevention Specialist 59,176 0 38,377 0 3,703 0 9,240 2,883 0 852 0 0 114,231 2 Office Specialist 109,948 0 71,054 0 7,406 0 18,480 5,766 0 1,584 0 0 214,238 Office Trainee/Cadets (2 x 1,039 hours each) 33,372 0 711 0 3,700 0 9,230 2,880 0 481 0 0 50,374 6 Subtotal Professional $395,312 $0 $264,238 $0 $25,918 $0 $64,670 $48,290 $0 $5,694 $0 $0 $804,122 37 TOTAL STAFF $4,430,219 $0 $4,074,645 $265,772 $140,711 $0 $351,110 $765,522 $140,275 $67,618 $0 $0 10,235,872
REGIONAL / SHARED STAFF
0.6 Traffic - Sergeant 8.78% 10,958 1,171 9,153 737 416 264 487 828 238 241 0 0 24,493 4 Traffic - Deputy Sheriff II 8.78% 50,207 8,294 45,008 2,631 2,771 8,269 3,245 5,519 1,589 1,143 0 0 128,676 2 Traffic - Investigative Assistant 8.78% 12,278 0 10,065 0 1,363 0 1,623 2,068 0 230 0 0 27,627 1 Traffic - Office Specialist 8.78% 4,954 35 3,148 0 682 0 811 1,034 0 93 0 0 10,757
0.3 Auto Theft - Sergeant 15.31% 9,555 1,021 7,980 642 316 230 424 721 208 210 0 0 21,307 2 Auto Theft - Investigator 15.31% 43,273 4,605 39,939 3,604 2,106 1,538 2,830 4,805 1,386 963 0 0 105,049 1 Auto Theft - Investigative Assistant 15.31% 10,562 431 8,814 0 1,034 0 1,415 1,800 0 206 0 0 24,262 1 Auto Theft - Office Specialist 15.31% 8,429 0 5,444 0 1,034 0 1,415 1,800 0 158 0 0 18,280 1 Motorcycle Sergeant 3.77% 6,001 410 5,590 528 368 650 349 593 171 138 450 0 15,248
12.90 Subtotal $156,217 $15,967 $135,141 $8,142 $10,090 $10,951 $12,599 $19,168 $3,592 $3,382 $450 $0 $375,699 FINAL
April 3, 2023
SALARIES & EMPLOYEE BENEFITS INDIRECT COSTS
CITY OF STANTON
FISCAL YEAR 2023-24
YEAR 1 OF 5 YEAR TERM
Stanton FY 2023-24 Spreadsheets.xlsx/FINAL FY 23-24 Page 1 of 2
ATTACHMENT J
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FINAL
April 3, 2023
SALARIES & EMPLOYEE BENEFITS INDIRECT COSTS
CITY OF STANTON
FISCAL YEAR 2023-24
YEAR 1 OF 5 YEAR TERM
ADDITIONAL REGULAR SERVICES & COUNTY SAVINGS/
NO COSTS/REVENUE SALARY OVERTIME BENEFITS POST PAY SUPPLIES TRANSP. DEPT. OH DIV. OH TRAINING OH OTHER REVENUE TOTAL Overtime 980,199 72,049 14,115 1,066,363
Estimate: Vacancy Credit (125,231) (125,231)
Annual Leave (Pay Downs & Termination Pay) 192,857 192,857 AB109 (2011 Public Safety Realignment) (36,827) (36,827) Body Worn Cameras (BWC) and In Car Video (ICV) Costs 235,435 235,435 Contract Administration 39,520 39,520
Data Line 5,450 5,450
1 E-Citation - Recurring Costs 2,221 2,221
Enhanced Helicopter Response Services 28,017 28,017
Holiday Pay: Comp & Straight Time 173,195 173,195
Integrated Law & Justice Agency of Orange County 3,948 3,948 Mobile Data Computers (MDC) - Acquisition 0
24 Mobile Data Computers (MDC) - Recurring Costs 83,296 83,296 Patrol Training Cost Allocation (FTB) 140,077 140,077
Premium Pay 143,544 143,544
Retirement Rate Discount (Expenses for Interest and Issuance) 0 Retirement Rate Discount (Gross) 0
Revenue/False Alarms (15,149) (15,149)
Revenue/Training Reimbursement 0
Savings Related to Unincorp. Deployment from Stanton (63,688) (63,688) Services & Supplies 134,473 134,473
Transportation - Vehicle Fuel, Mileage Interest and Maint., etc. 396,034 396,034 Restitution Payments Credits (220) (220)
Subtotal $0 $980,199 $72,049 $0 $139,923 $424,051 $0 $0 $140,077 $14,115 $748,785 ($115,884) $2,403,314 $4,586,436 $996,166 $4,281,835 $273,914 $290,724 $435,002 $363,709 $784,690 $283,944 $85,115 $749,235 ($115,884) $13,014,885 $4,693,695 $1,016,603 $4,425,052 $309,265 $237,624 $349,546 $331,897 $792,059 $288,715 $100,104 $822,299 ($109,087) $13,257,770 -2.29% -2.01% -3.24% -11.43% 22.35% 24.45% 9.58% -0.93% -1.65% -14.97% -8.89% 6.23% -1.83% ($107,259) ($20,437) ($143,217) ($35,351) $53,100 $85,456 $31,812 ($7,369) ($4,771) ($14,989) ($73,064) ($6,797) ($242,885) FY 2023-24 - FINAL CONTRACT TOTAL
FY 2022-23 - SIXTH AMENDMENT CONTRACT TOTAL
Stanton FY 2023-24 Spreadsheets.xlsx/FINAL FY 23-24 Page 2 of 2
ATTACHMENT J
City Council Initiated
Item 15D
“DISCUSSION REGARDING
JAYWALKING WITHIN THE CITY”
(This item does not contain a staff report)
Item: 15D
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