Stanton City Council
November 12, 2024

Stanton City Council Agenda Prepared by the Office of the City Clerk November 12, 2024

AGENDA

CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY

JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
TUESDAY, NOVEMBER 12, 2024 - 6:30 P.M.

In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (714) 890-4245 or via e-mail at [email protected].

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

PUBLIC ACCESS IN-PERSON AND VIA TELECONFERENCE
(Electronically / Telephonically)
Attendance by the members of the public may view the meeting live in one of the following ways:
• Attend in person - City Council Chambers: 7800 Katella Avenue, California 90680. • Via Teleconference (electronically / telephonically) - Zoom:

In order to join the meeting via telephone please follow the steps below:

1. Dial the following phone number +1 (669) 444-9171 (US).

2. Dial in the following Meeting ID: (889 5148 8927) to be connected to the meeting.

In order to join the meeting via electronic device please utilize the Zoom URL link below:
• https://us02web.zoom.us/j/88951488927?pwd=IqWGg4wf1vljWQSaCIFzcG8OTvSbfx.1

ANY MEMBER OF THE PUBLIC WISHING TO PROVIDE PUBLIC COMMENT FOR ANY ITEM ON THE AGENDA MAY DO SO AS FOLLOWS:
• Attend in person and complete and submit a request to speak card to the City Clerk. • E-Mail your comments to [email protected] with the subject line “PUBLIC COMMENT ITEM #” (insert the item number relevant to your comment). Comments received no later than 5:00 p.m. before the scheduled meeting will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read e-mailed comments at the meeting. However, the official record will include all e-mailed comments received until the close of the meeting.

Should you have any questions related to participation in the City Council Meeting, please contact the City Clerk’s Office at (714) 890-4245 or via e-mail at [email protected].

Stanton City Council Agenda Prepared by the Office of the City Clerk November 12, 2024

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

1. CLOSED SESSION None.

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

3. PLEDGE OF ALLEGIANCE

4. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Torres
Council / Agency / Authority Member Van
Mayor Pro Tem / Vice Chairperson Warren
Mayor / Chairman Shawver

5. SPECIAL PRESENTATIONS AND AWARDS
5A. Presentation honoring Orange County Fire Authority Division Chief Steve Dohman, for his invaluable contributions and service to the Stanton Community and on the occasion of his retirement.
5B. Update on City’s homeless outreach activities.

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

CONSENT CALENDAR
6A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE

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

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

Stanton City Council Agenda Prepared by the Office of the City Clerk November 12, 2024

6B. APPROVAL OF WARRANTS
City Council approve demand warrants dated October 3, 2024 – October 17, 2024, in the amount of $1,989,768.74.
6C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Joint Regular Meeting – October 22, 2024.
6D. SEPTEMBER 2024 INVESTMENT REPORT
The Investment Report as of September 30, 2024, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

RECOMMENDED ACTION:

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

2. Receive and file the Investment Report for the month of September 2024. 6E. SEPTEMBER 2024 INVESTMENT REPORT (SUCCESSOR AGENCY) The Investment Report as of September 30, 2024, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

RECOMMENDED ACTION:

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

2. Receive and file the Investment Report for the month of September 2024.

Stanton City Council Agenda Prepared by the Office of the City Clerk November 12, 2024

6F. SEPTEMBER 2024 GENERAL FUND REVENUE AND EXPENDITURE REPORT; HOUSING AUTHORITY REVENUE AND EXPENDITURE REPORT; STATUS OF

CAPITAL IMPROVEMENT PROGRAM
The Revenue and Expenditure Report for the month ended September 30, 2024, has been provided to the City Manager in accordance with Stanton Municipal Code Section

2.20.080 (D) and is being provided to the City Council. This report includes information on both the City’s General Fund and the Housing Authority Fund.

RECOMMENDED ACTION:

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

2. Receive and file the General Fund and Housing Authority Fund September 2024 Revenue and Expenditure Reports and Status of Capital Improvement Projects for the month ended September 30, 2024.
6G. DECLARATION OF SURPLUS PROPERTY
Occasionally equipment purchased by the City has outlived its useful life and needs to be sold or otherwise disposed of. In compliance with the City’s Purchasing Policy and Procedures IV-4-12, staff is required to petition the City Council to declare the property surplus, obsolete, or unusable.

RECOMMENDED ACTION:

1. City Council declare that this action is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b)(2) – continuing administrative or maintenance activities, such as purchase for supplies, personnel-related actions, general policy and procedure making; and

2. Declare the equipment listed on Attachment A as surplus; and

3. Directs staff to sell or salvage equipment according to the Administrative Policy IV-4- 12: Purchasing Policy and Procedures.

Stanton City Council Agenda Prepared by the Office of the City Clerk November 12, 2024

6H. CITY SPONSORSHIP REQUEST – YOUTH ASSISTANCE FOUNDATION SANTA’S

SIREN EVENT
Per the City’s Sponsorship Program, the Youth Assistance Foundation is requesting cosponsorship of the Santa’s Siren event held throughout the City. The sponsorship request is for in-kind consideration valued at $499.

RECOMMENDED ACTION:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and

2. Determine the status of the Youth Assistance Foundation’s sponsorship request for a total in-kind value of $499.
6I. CONSIDER RESOLUTION FINDING AND DECLARING THAT AN EMERGENCY

CONDITION EXISTS ARISING FROM DAMAGE TO THE WESTERLY END STANTON

PARK PEDESTRIAN BRIDGE AND AUTHORIZING REPAIR TO THE PEDESTRIAN

BRIDGE WITHOUT PUBLIC BIDDING
The westerly end pedestrian bridge at Stanton Park has been damaged and unusable since June 2023. The pedestrian bridge is a major pedestrian walkway serving many of the residents of the City. City Council will consider declaring the repair an emergency and thereby exempt from public bidding requirements.

RECOMMENDED ACTION:

1. City Council adopt Resolution No. 2024-36 finding that an emergency condition exists arising from damage to the Westerly End Stanton Park Pedestrian Bridge and authorizing emergency repair to the Westerly End Stanton Park Pedestrian Bridge without public bidding, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, FINDING AND DECLARING THAT AN EMERGENCY

CONDITION EXISTS ARISING FROM DAMAGE TO THE WESTERLY

END STANTON PARK PEDESTRIAN BRIDGE AND AUTHORIZING
REPAIR TO THE PEDESTRIAN BRIDGE WITHOUT PUBLIC BIDDING”; and

2. Declare this project categorically exempt under the California Environmental Quality Act, Section 15301 Class 1 subsection (d).

END OF CONSENT CALENDAR
Stanton City Council Agenda Prepared by the Office of the City Clerk November 12, 2024

7. PUBLIC HEARINGS
7A. CONSIDERATION OF ORDINANCE NO. 1153 AMENDING CHAPTER 5.67 OF TITLE 5 OF THE STANTON MUNICIPAL CODE RELATING TO TOBACCO RETAILER

REGISTRATION TO PROHIBIT THE SALE OF FLAVORED TOBACCO PRODUCTS At its regular meeting of December 12, 2023, the City Council directed staff to review the City’s existing tobacco retail license ordinance with a focus on strengthening the ordinance, specifically prohibiting the sale of flavored tobacco products. Staff reviewed Chapter 5.67, “Tobacco Retailer Registration,” of the City’s Municipal Code and prepared the proposed Ordinance with updates. The City Council will consider approving the first reading of the proposed Ordinance.

RECOMMENDED ACTION:

1. City Council conduct a public hearing; and

2. Find that the ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15378(a) (the ordinance is not a “project” and has no potential for resulting in physical change to the environment, directly or indirectly) and 15061(b)(3) (there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment) (14 Cal. Code Regs.); and

3. Introduce Ordinance No. 1153 for its first reading, to be read by title only, and waive further reading, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING CHAPTER 5.67 OF TITLE 5 OF THE

STANTON MUNICIPAL CODE RELATING TO TOBACCO RETAILER

REGISTRATION TO PROHIBIT THE SALE OF FLAVORED TOBACCO

PRODUCTS AND FINDING THE ORDINANCE TO BE EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO
SECTIONS 15378 AND 15061(B)(3) OF THE STATE CEQA
GUIDELINES”; and

4. Set said ordinance for adoption at the regular City Council meeting of November 26, 2024.

Stanton City Council Agenda Prepared by the Office of the City Clerk November 12, 2024

8. UNFINISHED BUSINESS
8A. APPROVAL OF ORDINANCE NO. 1148 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING TITLE 20 (ZONING) OF THE

STANTON MUNICIPAL CODE TO EXPRESSLY PROHIBIT SHORT-TERM RENTALS

IN ALL ZONES WITHIN THE CITY AND TO PROHIBIT BED AND BREAKFAST

ESTABLISHMENTS IN RESIDENTIAL ZONES AND MIXED-USE OVERLAY ZONES

AND FINDING THE ACTION EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15060(c)(2) AND 15060(c)(3) AND ALTERNATIVELY CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301
This Ordinance was introduced at the regular City Council meeting of October 22, 2024.

RECOMMENDED ACTION:

1. City Clerk read the title of Ordinance No. 1148, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING TITLE 20 (ZONING) OF THE STANTON

MUNICIPAL CODE TO EXPRESSLY PROHIBIT SHORT-TERM RENTALS IN

ALL ZONES WITHIN THE CITY AND TO PROHIBIT BED AND BREAKFAST

ESTABLISHMENTS IN RESIDENTIAL ZONES AND MIXED-USE OVERLAY

ZONES AND FINDING THE ACTION EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15060(c)(2) AND 15060(c)(3) AND

ALTERNATIVELY CATEGORICALLY EXEMPT PURSUANT TO SECTION
15301”; and

2. City Council adopt Ordinance No. 1148.

Stanton City Council Agenda Prepared by the Office of the City Clerk November 12, 2024

9. NEW BUSINESS
9A. AN ORDINANCE AMENDING THE LOCAL VENDOR PREFERENCE SECTION OF

THE STANTON MUNICIPAL CODE
City Council recently held discussions relating to the local vendor preference listed in Stanton’s Municipal Code. As a result of those discussions, adjustments are being made to increase the local vendor preference from two percent (2%) to three percent (3%) through the adoption of Ordinance No. 1152.

RECOMMENDED ACTION:

1. City Council declare that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing 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; and

2. Introduce Ordinance No. 1152, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING SECTION 2.56.075 OF THE MUNICIPAL
CODE PERTAINING TO LOCAL VENDOR PREFERENCES”; and

3. Set said ordinance for second reading and adoption at the November 26, 2024, regularly scheduled City Council meeting.
9B. DISCUSSION REGARDING DEVELOPMENT AGREEMENTS FOR THE TOWN

CENTER SPECIFIC PLAN
At the City Council meeting of May 14, 2024, Council Member Torres received consensus to place an item on a future agenda regarding development agreements for the Town Center Specific Plan (TCSP) to support minimum standards for development. Tonight, the Council will receive a presentation and provide direction to staff.

RECOMMENDED ACTION:

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

2. Provide direction to staff.

Stanton City Council Agenda Prepared by the Office of the City Clerk November 12, 2024

9C. DISCUSSION REGARDING CAMPAIGN CONTRIBUTIONS AND LEVINE ACT (SENATE BILLS 1439 AND 1243)
At the City Council meeting of November 28, 2023, Council Member Taylor received consensus to review campaign contribution limits and the Levine Act (Senate Bill 1439) and consider updates to the City’s specific limit(s) and policies. An initial presentation on those two topics was provided to the City Council in February 2024. Tonight, the Council will consider the existing limit(s) and policies and provide direction to staff.

RECOMMENDED ACTION:

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

2. Provide direction to staff.

10. ORAL COMMUNICATIONS - PUBLIC
At this time members of the public may address the City Council/Successor Agency/Stanton Housing Authority regarding any items within the subject matter jurisdiction of the City Council/Successor Agency/Stanton Housing Authority, provided that NO action may be taken on non-agenda items.
• Members of the public wishing to address the Council/Agency/Authority during Oral Communications-Public or on a particular item are requested to fill out a REQUEST TO SPEAK form and submit it to the City Clerk. Request to speak forms must be turned in prior to Oral Communications-Public.
• When the Mayor/Chairman calls you to the microphone, please state your Name, slowly and clearly, for the record. A speaker’s comments shall be limited to a three (3) minute aggregate time period on Oral Communications and Agenda Items. Speakers are then to return to their seats and no further comments will be permitted. • Remarks from those seated or standing in the back of chambers will not be permitted.

All those wishing to speak including Council/Agency/Authority and Staff need to be recognized by the Mayor/Chairman before speaking.

Stanton City Council Agenda Prepared by the Office of the City Clerk November 12, 2024

11. WRITTEN COMMUNICATIONS None.

12. MAYOR/CHAIRMAN COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 12A. COMMITTEE REPORTS/ COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS At this time Council/Agency/Authority Members may report on items not specifically described on the agenda which are of interest to the community provided no discussion or action may be taken except to provide staff direction to report back or to place the item on a future agenda.
12B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE MEETING At this time Council/Agency/Authority Members may place an item on a future agenda. 12C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

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

Currently Scheduled: None.
12D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING RENT CONTROL

WITHIN MOBILE HOME PARKS WITHIN THE CITY
At the October 22, 2024, City Council meeting, Council Member Torres requested that this item be agendized for discussion. Council Member Torres is requesting to discuss rent control within mobile home parks within the City.

RECOMMENDED ACTION:

City Council provide direction to staff.

Stanton City Council Agenda Prepared by the Office of the City Clerk November 12, 2024

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

14. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
14A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.

15. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted at the Post Office, Stanton Community Services Center and City Hall, not less than 72 hours prior to the meeting. Dated this 7th day of November, 2024. s/ Patricia A. Vazquez, City Clerk/Secretary

October 3 - October 17, 2024
Payments to Vendors:

Electronic Transaction Nos. $ 131,491.77
Check Nos. 138528-138588 399,203.63
Other Electronic Transactions ACH (A) 1,303,368.50
Total Payments to Vendors $ 1,834,063.90
Direct Deposit Payments (B):

Payroll dated October 10, 2024 155,904.84
TOTAL PAYMENTS $ 1,989,968.74
Notes:

A = These are electronic payments processed via a file exported from the City's Finance system and uploaded to the City's bank account. The City's Finance system designates these payment transactions as "ACH". A specific transaction number is not assigned.

B = Represents the total net payroll paid through direct deposit on pay date.

Demands listed on the attached
registers are accurate and funds
are available for payment thereof.
/s/ Hannah Shin-Heydorn /s/ Michelle Bannigan

CITY OF STANTON

WARRANT REGISTER
3452-3458
conform to the City of Stanton Annual
Budget as approved by the City Council.

Demands listed on the attached registers
City Manager Finance Director
Item: 6B
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ATTACHMENT A

ATTACHMENT A

ATTACHMENT A

ATTACHMENT A

ATTACHMENT A

ATTACHMENT A

ATTACHMENT A

ATTACHMENT A

ATTACHMENT A

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MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY

OF THE CITY OF STANTON
JOINT REGULAR MEETING OCTOBER 22, 2024

1. CALL TO ORDER / CLOSED SESSION
The City Council / Successor Agency / Housing Authority meeting was called to order at 6:00 p.m. by Mayor Pro Tem / Vice Chairperson Warren.

2. ROLL CALL

Present: Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Torres, Council/Agency/Authority Member Van, and Mayor Pro Tem/Vice Chairperson Warren.

Absent: Mayor/Chairman Shawver.

Excused: None.

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS None.

4. CLOSED SESSION
The members of the City Council / Successor Agency / Housing Authority of the City of Stanton proceeded to closed session at 6:02 p.m. for discussion regarding:
4A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of cases: 1
Case Name: John Doe vs. Doe 2, City of Stanton, et al., Orange County Superior Court Case Number: 30-2022-01295559-CU-PO-NJC
4B. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Number of cases: 1
Case Name: Tina Pacific Residents Association, et al. v. City of Stanton Case Number: 30-2023-01316300-CU-WM-CXC

5. CALL TO ORDER / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY

MEETING
The City Council / Successor Agency / Housing Authority reconvened in open session at 6:34 p.m.

Item: 6C
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6. ROLL CALL

Present: Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Torres, Council/Agency/Authority Member Van, and Mayor Pro Tem/Vice Chairperson Warren.

Absent: Mayor/Chairman Shawver.

Excused: None.

7. PLEDGE OF ALLEGIANCE
Led by Mr. John D. Warren, Parks, Recreation and Community Services Commissioner.

8. SPECIAL PRESENTATIONS AND AWARDS None.

The City Attorney / Agency Counsel reported that the Stanton City Council / Successor Agency / Housing Authority met in closed session from 6:02 to 6:34 p.m.

The City Attorney / Agency Counsel reported that there was no reportable action.

9. CONSENT CALENDAR
Motion/Second: Taylor/Van
Motion carried by the following vote:

AYES: 4 (Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: 1 (Shawver)
Motion unanimously carried:

CONSENT CALENDAR
9A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON

THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER

READING WAIVED
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.

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9B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated September 19, 2024 – October 3, 2024, in the amount of $2,184,590.60.
9C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Special and Joint Regular Meeting – October 8, 2024.
9D. AWARD A PROFESSIONAL SERVICES AGREEMENT TO BLACK O’DOWD AND ASSOCIATES, INC. FOR PROFESSIONAL DESIGN SERVICES FOR THE

STANTON COMMUNITY / SENIOR CENTER IMPROVEMENT PROJECT (TASK CODE NO. 2025-601)
The City obtained a Community Development Block Grant from the County of Orange for improvements to the City’s Community / Senior Center. City staff released a “Request for Proposal” (RFP) soliciting proposals to provide building design services. City staff recommends that Black O’Dowd and Associates, Inc. (BOA Architecture) is the best qualified to provide professional building design services for improvements to the City’s Community / Senior Center and is recommending award of the Professional Services Agreement to that firm.

1. The City Council declared this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(a) as operation, repair, and minor interior or exterior alterations of existing public facilities; and

2. Awarded a professional services agreement to Black O’Dowd and Associates, Inc. for Professional Design Services for the Stanton Community / Senior Center Improvement Project in the amount of $40,000; and

3. Authorized the City Manager to bind the City of Stanton and Black O’Dowd and Associates, Inc. in an Agreement to provide the services; and

4. Authorized the City Manager to approve a contingency in the amount of $4,000 to Black O’Dowd and Associates, Inc.
9E. AWARD A PROFESSIONAL SERVICES AGREEMENT TO BUCKNAM

INFRASTRUCTURE GROUP TO PROVIDE A PAVEMENT MANAGEMENT PLAN (TASK CODE NO. 2025-106)
City staff released a “Request for Proposal” (RFP) soliciting proposals to provide a professional Pavement Management Plan. Staff believes that Bucknam Infrastructure Group is the best qualified to provide the professional services and is recommending award of the Professional Services Agreement to the firm.

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1. The City Council declared this action to be categorically exempt under the California Environmental Quality Act, since the action herein does not constitute a “project” as defined by Section 15378 of the CEQA guidelines; and

2. Awarded a professional services agreement to Bucknam Infrastructure Group to provide a professional Pavement Management Plan in the amount of $23,796; and

3. Authorized the City Manager to bind the City of Stanton and Bucknam Infrastructure Group in an Agreement to provide the services; and

4. Authorized the City Manager to approve a contingency in the amount of $2,400 to Bucknam Infrastructure Group.
9F. ADOPT RESOLUTION APPROVING THE ANNUAL MEASURE M2
EXPENDITURE REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024 Orange County Local Transportation Authority Ordinance No. 3 (“Ordinance”) requires that the City adopt a resolution approving an Annual Measure M2 Expenditure Report. This report accounts for the City’s share of Measure M2 revenues, developer/traffic impact fees, and the funds that were expended to satisfy the City’s Maintenance of Effort requirements (MOE). The Annual Measure M Expenditure Report for the fiscal year ended June 30, 2024, has been included as Exhibit A to the Resolution (Attachment A).

1. The City Council finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060 (c)(3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and

2. Adopted Resolution No. 2024-35 approving the Annual Measure M2 Expenditure Report for the Fiscal Year Ended June 30, 2024, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
STANTON CONCERNING THE MEASURE M2 EXPENDITURE

REPORT FOR THE CITY OF STANTON FOR THE FISCAL YEAR
ENDED JUNE 30, 2024”; and

3. Directed staff to submit the report with OCTA.

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9G. AMENDED RESPONSE TO THE 2023-2024 ORANGE COUNTY GRAND JURY REPORT DATED JUNE 11, 2024, ENTITLED, “E-BIKES FRIEND OR FOE” On June 20, 2024, the Orange County Grand Jury released a report entitled “Ebikes Friend or Foe” (Attachment A). The report focused on E-bike regulation, education, and safety and what, if any, pertinent regulations have been adopted by Orange County cities. California Penal Code Sections 933 and 933.05 require any public agency that the Grand Jury reviews respond to the findings and recommendations of the Grand Jury Report. The City submitted their response letter after receiving Council authorization at its meeting on August 27, 2024. The Grand Jury has requested an amended response, which has been prepared for Council review (Attachment B).

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

2. Authorized the Mayor to sign the amended response letter to the Orange County Grand Jury related to the findings and recommendations contained in the June 20, 2024, report entitled “E-bikes Friend or Foe”.

END OF CONSENT CALENDAR

10. PUBLIC HEARINGS
10A. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

STANTON, CALIFORNIA, IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 36937 AND 65858 EXTENDING A TEMPORARY MORATORIUM ON

THE ESTABLISHMENT OF ANY NEW PUBLIC LODGING, LODGING FACILITY

OR LODGING BUSINESSES OR USES, AND EXTENDING A TEMPORARY

MORATORIUM ON ANY EXPANSION, ENLARGEMENT, AND/OR ALTERATION

OF ANY EXISTING PUBLIC LODGING, LODGING FACILITY, OR LODGING

BUSINESSES AND USES FOR SIX MONTHS PENDING STUDY AND THE PREPARATION OF AN UPDATE TO THE CITY’S MUNICIPAL CODE AND

ZONING CODE AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
Due to the continuing need to protect the public safety, health, and welfare of the community from the substantial amount of crime that has occurred at various public lodging uses within the City, and the comprehensive nature of the necessary review of the applicable Municipal Code regulations including operational standards, security provisions, zoning regulations, business license requirements, and transient occupancy taxes, the City Council is asked to consider an extension of the interim DRAFT
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AMENDMENT AND APPROVAL AT NEXT MEETING
urgency ordinance to temporarily prohibit the establishment of public lodging and/or the expansion, enlargement, or alteration of existing public lodging businesses and uses within the City. The interim urgency ordinance would provide the City with sufficient time to complete its study of the continuing impacts of these establishments and to adopt new municipal and zoning code regulations. The length of the moratorium would be 6 months.

Staff report by Ms. Crystal Landavazo, Community Development Director.

The public hearing was opened.

No one appearing to speak, the public hearing was closed.

Motion/Second: Taylor/Torres
ROLL CALL VOTE: Council Member Taylor AYE
Council Member Torres AYE
Council Member Van AYE
Mayor Pro Tem Warren AYE
Mayor Shawver ABSENT
Motion unanimously carried:

1. The City Council finds that the proposed urgency ordinance is:
a) Not a “project” within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines (Title 14 of the California Code of Regulations) because it has no potential for resulting in physical change in the environment, directly or indirectly; and
b) Exempt from the requirements of CEQA under Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

2. The City Council received and filed the 10-day action report for the conclusion of the 10 months and 15 day moratorium; and

3. Adopted Urgency Ordinance No. 1151, entitled:
“AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF STANTON, CALIFORNIA ESTABLISHING A

TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF ANY

NEW PUBLIC LODGING, LODGING FACILITY OR LODGING

BUSINESSES OR USES, AND A TEMPORARY MORATORIUM ON

ANY EXPANSION, ENLARGEMENT, AND/OR ALTERATION OF

ANY EXISTING PUBLIC LODGING, LODGING FACILITY, OR

LODGING BUSINESSES AND USES FOR SIX MONTHS PENDING
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AMENDMENT AND APPROVAL AT NEXT MEETING
STUDY AND THE PREPARATION OF AN UPDATE TO THE CITY’S

MUNICIPAL CODE AND ZONING CODE PURSUANT TO
GOVERNMENT CODE SECTIONS 65858 AND 36937 AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA”.
10B. CONSIDERATION OF ORDINANCE NO. 1148 AMENDING TITLE 20 (ZONING)

TO PROHIBIT SHORT-TERM RENTALS THROUGHOUT THE CITY AND BED

AND BREAKFAST ESTABLISHMENTS IN RESIDENTIAL AND MIXED-USE

OVERLAY ZONES
The City of Stanton (“City”) has continuously sought to deter nuisance activities throughout the community. Since the emergence of short-term rentals, the City has received complaints about residents leasing their properties to travelers for shortterm or vacation rentals. Residents report that the rentals degrade the quality of their neighborhoods by generating excessive noise, parking problems, and trash.

Because short-term rentals are not expressly permitted in any zone under the Stanton Municipal Code (“SMC”), such uses are prohibited throughout the City. The proposed Ordinance seeks to expressly memorialize this prohibition making it clear to all members of the public. Similar to short-term rentals, bed and breakfast inns can cause noise, parking, and other nuisances in residential neighborhoods. For this reason, the proposed ordinance would also prohibit bed and breakfast inns within residential and mixed-use overlay zones. The proposed changes are intended to safeguard the quality of life in the City’s residential areas.

Staff report by Ms. Crystal Landavazo, Community Development Director.

The public hearing was opened.
• Ms. Elizabeth Tran, spoke in opposition to the proposed ordinance.

No one else appearing to speak, the public hearing was closed.

Motion/Second: Torres/Van
ROLL CALL VOTE: Council Member Taylor AYE
Council Member Torres AYE
Council Member Van AYE
Mayor Pro Tem Warren AYE
Mayor Shawver ABSENT
Motion unanimously carried:

1. The City Council conducted the public hearing and first reading of Ordinance No. 1148, entitled:

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AMENDMENT AND APPROVAL AT NEXT MEETING
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA AMENDING TITLE 20 (ZONING) OF THE
STANTON MUNICIPAL CODE TO EXPRESSLY PROHIBIT SHORTTERM RENTALS IN ALL ZONES WITHIN THE CITY AND TO

PROHIBIT BED AND BREAKFAST ESTABLISHMENTS IN
RESIDENTIAL ZONES AND MIXED-USE OVERLAY ZONES”; and

2. Declared that the project is exempt per the California Environmental Quality Act (CEQA) under section 15060(c)(2) and 15060(c)(3) and alternatively categorically exempt pursuant to Section 15301 which apply to projects that will not have a significant impact on the environment; and

3. Set November 12, 2024, as the date for second reading for adoption of Ordinance No. 1148.

11. UNFINISHED BUSINESS None.

12. NEW BUSINESS
12A. UPDATE TO CITY COUNCIL / AUTHORITY BOARD REGARDING TINA PACIFIC RESIDENTS ASSOCIATION, ET AL. V. CITY OF STANTON
This is an update on the case, Tina Pacific Residents Association, et al. v. City of Stanton, which was initiated last year against the City by the Public Law Center and The Public Interest Law Project on behalf of the Kennedy Commission, as well as named and unnamed residents in the neighborhood (collectively, the “Public Law Center and the Kennedy Commission”). The City has prevailed twice in litigation against the Public Law Center and the Kennedy Commission, with the most recent victory issued by a court last week.

Staff report by Ms. HongDao Nguyen, City Attorney.

1. The City Council / Authority Board in accordance with the requirements of the California Environmental Quality Act (CEQA), declared this item not subject to CEQA pursuant to Section 15378(b)(5)(Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. The City Council / Authority Board received and filed the report.

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AMENDMENT AND APPROVAL AT NEXT MEETING

13. ORAL COMMUNICATIONS – PUBLIC None.

14. WRITTEN COMMUNICATIONS None.

15. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 15A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS • Council Member Van reported on her attendance at the League of California Cities Annual Conference and Expo, which was held on October 16 – 18, 2024 in Long Beach, California.
• Council Member Van reported on the scheduled closure of the Stanton Library, which has been allocated state grant funds to enhance the building infrastructure, including roof repair, window replacement for energy efficiency, safety and security upgrades, HVAC and air handling systems, and ADA code upgrades for staff work areas and restrooms.
• Ms. Zenia Bobadilla, Community Services Director, reported on the City’s upcoming Halloween Festival event, which is scheduled to be held on October 26, 2024, at Stanton Central Park.
15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL

MEETING
Council Member Torres requested to agendize for discussion rent control within mobile home parks within the City.
15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
None.

16. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL None.

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17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
Ms. Hannah Shin-Heydorn, City Manager, reported on the City’s upcoming Veterans Day Ceremony and Breakfast event, which is scheduled to be held on November 11, 2024, at Stanton City Hall, Community Services Center from 9:00 – 11:00 AM. 17A. ORANGE COUNTY SHERIFF’S DEPARTMENT
At this time the Orange County Sheriff’s Department will provide the City Council with an update on their current operations.

Captain Ryan C. Pierce provided the City Council with an update on their current operations.

18. ADJOURNMENT Motion/Second: Warren/
Motion carried at 7:05 p.m.
________________________________
DAVID J. SHAWVER, MAYOR
ATTEST:
________________________________

CITY CLERK/SECRETARY
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 12, 2024
SUBJECT: SEPTEMBER 2024 INVESTMENT REPORT
REPORT IN BRIEF:

The Investment Report as of September 30, 2024, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

RECOMMENDED ACTION:

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

2. Receive and file the Investment Report for the month of September 2024.

BACKGROUND:

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

Between August 31, 2024, and September 30, 2024, the City’s total cash and investments decreased by approximately $771,951.

The City’s cash and investment balances by fund type are presented in Attachment A.

The detail of investments by type that are managed by Chandler Asset Management, LLC (“Chandler”), of which staff determined provide a net advantage to the City, are presented in Attachment B.

Item: 6D
Click here to return to the agenda.
2 ANALYSIS:

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

As of September 30, 2024, the market value of the City’s total investment portfolio was $64.9 million, of which $26.5 million (41%) was invested in the State Local Agency Investment Fund (LAIF) and $38.5 million (59%) was managed by Chandler. Detailed information regarding the securities contained in the City’s investment portfolio is provided in Attachment B. As of September 30, 2024, City investments consisted of the following:

The City’s investment portfolio is well-diversified with investments spread across nine different security types. Likewise, the average maturity of the City’s portfolio (except for LAIF) is approximately 3.0 years, which is within the 3.5 years target in the City’s investment policy.

FISCAL IMPACT:

All deposits and investments have been made in accordance with the City's Fiscal Year 2024/25 Investment Policy. The portfolio will allow the City to meet its expenditure requirements for the next six months. Staff remains confident that the investment portfolio is currently positioned to remain secure and sufficiently liquid. 3 ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Through the normal agenda posting process.

STRATEGIC PLAN OBJECTIVE:

Obj. No. 4: Ensure fiscal stability and efficiency in governance.

Prepared by: Michelle Bannigan, Finance Director
Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. Cash and Investment Balances by Fund
B. Investment Portfolio Detail
Fund/ Account
No. Fund/Account Name Beginning Balance Increases Decreases Ending Balance 101-various General Fund $ 38,057,185.22 $ 2,286,227.76 $ (4,340,372.86) $ 36,003,040.12 102-111101 General Fund (Transactions & Use Tax) (1,578,488.37) 1,851,976.74 (1,197,409.92) (923,921.55)103-111101 PCTA Administration (17,024.49) - (3,247.86) (20,272.35) 104-111101 Public Benefit Fees Fund 1,896,674.45 23,645.69 - 1,920,320.14105-111101 Beautification Fees Fund 240,000.00 - - 240,000.00 106-111101 Neighborhood Preservation Fees Fund 114,000.00 - - 114,000.00107-111101 Cannabis Community Benefit Fees Fund 18,750.00 - - 18,750.00210-111101 Certified Access Specialists (CASP) Program Fund 69,762.90 796.86 - 70,559.76211-111101 Gas Tax Fund 2,480,799.05 172,127.13 (37,390.83) 2,615,535.35 215-111101 Road Maintenance and Rehabilitation act (RMRA) Fund 931,171.96 115,861.06 (1,746.67) 1,045,286.35220-111101 Measure M Fund 882,542.19 142,400.65 (127.68) 1,024,815.16 221-111101 Community Development Block Grant-CV (CDBG-CV) Fund - 117,217.74 - 117,217.74 222-111101 Community Development Block Grant Fund 200,464.10 5,360.44 - 205,824.54 223-111101 Protective Services Fund - 1,435.00 (1,435.00) - 224-111101 Lighting Maintenance 1919 Act Fund 1,401,290.28 41,600.88 (11,502.89) 1,431,388.27 225-111101 Lighting/Median Maintenance 1972 Act Fund 776,186.10 26,286.71 (32,411.14) 770,061.67 226-111101 Air Quality Improvement Fund 141,277.40 17,043.67 (54.08) 158,266.99 227-111101 Other Grants Fund (239,166.27) 7,759.38 (6,857.19) (238,264.08)242-111101 Supplemental Law Enforcement Grant Fund 241,645.14 18,783.83 (13,333.33) 247,095.64245-111101 Justice Assistance Grant (JAG) Grant Fund (1,719.03) 196,714.11 (195,376.17) (381.09) 250-111101 Families and Communities Together (FaCT) Grant Fund 603.59 (45,098.04) (24,607.80) (69,102.25) 251-111101 Senior Transportation Fund 114,305.41 10,535.48 (879.04) 123,961.85 261-111101 Street Impact Fees Fund 247,803.80 6,622.63 - 254,426.43 262-111101 Traffic Signal Impact Fee 31,063.70 829.82 - 31,893.52263-111101 Community Center Impact Fees Fund 281,292.37 7,520.12 - 288,812.49264-111101 Police Services Impact Fees Fund 254,310.81 6,798.80 - 261,109.61271-111101 Public Safety Task Force Fund (City Funds) 41,285.71 - (3,185.24) 38,100.47280-111101 Stanton Central Park Maintenance Fund 11,926.85 21,064.58 (38,347.78) (5,356.35) 285-various Stanton Housing Authority Fund 8,947,016.77 109,155.44 (217,038.15) 8,839,134.06 305-111101 Capital Projects Fund 81,648.24 388,742.85 (394,812.85) 75,578.24 310-111101 Park and Recreation Facilities Fund 3,504,360.91 93,779.04 (291,969.93) 3,306,170.02 501-111101 Sewer Maintenance Fund 7,543,017.17 375,251.84 (26,898.26) 7,891,370.75 502-111101 Sewer Capital Improvement Fund 14,910.52 398.71 - 15,309.23

CITY OF STANTON

CASH AND INVESTMENTS REPORT
MONTH ENDED SEPTEMBER 30, 2024

ATTACHMENT A

Fund/ Account
No. Fund/Account Name Beginning Balance Increases Decreases Ending Balance

CITY OF STANTON

CASH AND INVESTMENTS REPORT
MONTH ENDED SEPTEMBER 30, 2024
602-111101 Workers' Compensation Fund 785,832.71 27,951.16 (5,357.65) 808,426.22 603-111101 Liability Risk Management Fund 18,825.03 4,463.25 (4,463.25) 18,825.03604-111101 Employee Benefits Fund (236,328.21) 158,763.64 (110,727.17) (188,291.74) 605-111101 Fleet Maintenance Fund 565,847.58 33,072.98 (4,193.62) 594,726.94 801-111101 Expendable Deposits Fund (20,562.73) - (800.00) (21,362.73) Total Pooled Cash and Investments(1) $ 6,153,573.84 67,874,026.97 $ (6,964,546.36) $ 67,063,054.45 $ Less: Investments(1) $ (523,577.66) (64,407,812.60) $ 3,252.79 $ (64,928,137.47) $ Cash - BMO Bank General Checking Account $ 5,629,996.18 3,466,214.37 $ (6,961,293.57) $ 2,134,916.98 $ CASH-NON-POOLED xxx-111103 Payroll Account $ 312,694.13 - $ $ (312,694.13) $ - 101-111109 Flexible Spending/AFLAC 3,352.23 - (573.80) 2,778.43 101-111505 Petty Cash 600.00 - - 600.00
285-111403 Cash with Property Management Company (QMG) 60,518.73 17,786.64 (45,518.73) 32,786.64 604-111404 Cash with Fiscal Agent (PARS) (2) 69,715.41 4,918,921.07 (2,388.27) 4,986,248.21 Total Cash-Non-Pooled $ 4,983,392.03 $ 400,196.18 $ (361,174.93) $ 5,022,413.28INVESTMENTS POOLED ALL FUNDS $ 64,407,812.60 $ 523,577.66 $ (3,252.79) $ 64,928,137.47 Total Investments (3) $ 523,577.66 64,407,812.60 $ (3,252.79) $ 64,928,137.47 $ TOTAL CASH AND INVESTMENTS $ 72,857,419.00 $ 6,553,770.02 $ (7,325,721.29) $ 72,085,467.73 Notes:
(3) - Additional information regarding the City's investments is included in Attachment B.(1) - Pooled cash includes: City's general checking and safekeeping accounts with BMO Harris Bank, the City's Local Agency Investment Fund (LAIF) account, the Housing Authority's LAIF account, and the City's investment portfolio account with Chandler Asset Management. (2) - The Public Agency Retirement Services (PARS) account is an irrevocable trust that can be used for pension and other post employment benefits only. This fund is excluded from the compliance requirements set forth in the City's investment policy.

ATTACHMENT A

2 ATTACHMENT B

Beg. Values as of 09/01/2024 End Values as of 09/30/2024 Total Market Value 65,057,413.52 65,498,703.32 *See Footnote

ATTACHMENT B

City of Stanton Cons | Account #11003 | As of September 30, 2024 STATEMENT OF COMPLIANCE Rules Name Limit Actual Compliance Status Notes 4 4 ATTACHMENT B

City of Stanton Cons | Account #11003 | As of September 30, 2024 STATEMENT OF COMPLIANCE Rules Name Limit Actual Compliance Status Notes 4

ATTACHMENT B

City of Stanton Cons | Account #11003 | As of September 30, 2024 STATEMENT OF COMPLIANCE Rules Name Limit Actual Compliance Status Notes 4 U.S. TREASURIES 4

ATTACHMENT B

City of Stanton Cons | Account #11003 | As of September 30, 2024 RECONCILIATION SUMMARY Accrual Activity Summary Fair Market Activity Summary (01/01/2024) (01/01/2024) Maturities / Calls 0.00 0.00 Principal Paydowns (46,728.42) (714,822.03) Purchases 1,185,223.86 43,626,695.68 Sales (973,897.66) (36,724,187.60) Interest Received 167,541.93 1,985,892.37 Purchased / Sold Interest 308.65 (25,441.37)

ATTACHMENT B

City of Stanton Cons | Account #11003 | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int. Gain/Loss Fitch Maturity ABS NA/AAA AAA Aaa/AAA NA NA/AAA AAA 10/12/2022 Aaa/NA AAA Aaa/NA AAA NA/AAA AAA Aaa/NA AAA AAA 03/11/2024 NA/AAA AAA Aaa/AAA NA Aaa/NA AAA NA/AAA AAA Aaa/AAA NA Total ABS 2,535,956.72 4.81% 2,527,647.69 2,527,647.69 101.09 4.37% 2,563,261.80 5,048.51 3.93% 35,614.11 Aaa/AAA AAA 3.07 1.32 AGENCY Aaa/AA+ AA+ Aaa/AA+ AA+

ATTACHMENT B

City of Stanton Cons | Account #11003 | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int. Gain/Loss Fitch Maturity Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 03/22/2023 Aaa/AA+ AA+ 04/24/2023 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Total Agency 6,150,000.00 4.32% 6,126,573.86 6,126,573.86 101.94 3.67% 6,266,093.47 54,541.67 9.61% 139,519.61 Aaa/AA+ AA+ 3.06 2.79 AGENCY CMBS Aaa/AA+ AAA Aaa/AA+ AAA Aaa/AA+ AAA Aaa/AA+ AA+ Aaa/AAA AA+

ATTACHMENT B

City of Stanton Cons | Account #11003 | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int. Gain/Loss Fitch Maturity Aaa/AA+ AAA Aaa/AA+ AA+ Aaa/AAA AA+ Aaa/AAA AA+ Aaa/AA+ AAA Aaa/AA+ AAA Total Agency CMBS 4,261,600.94 4.25% 4,107,913.33 4,107,913.33 98.36 3.94% 4,191,302.41 12,214.26 6.42% 83,389.08 Aaa/AA+ AAA 3.53 3.16 Aaa/AAA AAA Aaa/AAA AAA Total Cash 364,851.81 0.00% 364,851.81 364,851.81 1.00 0.00% 364,851.81 0.00 0.56% 0.00 Aaa/AAA AAA 0.00 0.00 COMMERCIAL NA Total Commercial 650,000.00 5.19% 627,705.00 627,705.00 97.78 4.51% 635,588.20 0.00 0.97% 7,883.20 NA 0.50 0.48 A

ATTACHMENT B

City of Stanton Cons | Account #11003 | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int. Gain/Loss Fitch Maturity A2/A A+A A2/A+ A A1/A+ A+ A1/A A+ 02/13/2023 A1/A+ NAA+ A1/A A3/A Aa3/A NA 03/13/2024 A1/A A2/A+ A

ATTACHMENT B

City of Stanton Cons | Account #11003 | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int. Gain/Loss Fitch Maturity A1/A NAA+NA A1/A A2/A A+ A1/AA A1/A A+ A1/A A1/A+ NA A1/A 01/24/2024 A1/A+ NA 02/21/2024 NA Aa2/A+ A2/A A A1/A+ NA A3/AA Total Corporate 9,520,000.00 4.54% 9,335,387.31 9,335,387.31 100.46 4.29% 9,558,740.29 85,607.27 14.65% 223,352.98 A1/A A+ 2.73 2.31

ATTACHMENT B

City of Stanton Cons | Account #11003 | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int. Gain/Loss Fitch Maturity LAIF NA/NA NA Total LAIF 26,407,771.58 4.57% 26,407,771.58 26,407,771.58 1.00 4.57% 26,407,771.58 0.00 40.48% 0.00 NA/NA NA 0.00 0.00 Aaa/ AAAm AAA Total Money Market Fund 208,879.72 4.54% 208,879.72 208,879.72 1.00 4.54% 208,879.72 0.00 0.32% 0.00 Aaa/ AAAm AAA 0.00 0.00 Aaa/AAA NA Aaa/AAA NA 03/14/2024 Aaa/AAA NA Total 855,000.00 4.47% 839,756.95 839,756.95 101.73 3.60% 869,664.28 6,078.96 1.33% 29,907.33 Aaa/AAA NA 4.06 3.69 US TREASURY Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+

ATTACHMENT B

City of Stanton Cons | Account #11003 | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int. Gain/Loss Fitch Maturity Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 01/24/2023 Aaa/AA+ AA+ 02/22/2023 Aaa/AA+ AA+ Aaa/AA+ AA+ 04/24/2023 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 01/22/2024 Aaa/AA+ AA+ 02/12/2024 Aaa/AA+ AA+

ATTACHMENT B

City of Stanton Cons | Account #11003 | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int. Gain/Loss Fitch Maturity Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Total US Treasury 14,100,000.00 4.07% 13,871,287.11 13,871,287.11 100.55 3.62% 14,171,402.74 97,656.35 21.72% 300,115.63 Aaa/AA+ AA+ 3.18 2.92 65,054,060.77 4.40% 64,417,774.37 64,417,774.37 59.37 4.15% 65,237,556.31 261,147.01 100.00% 819,781.94 AA 1.79 1.55 Total Market Value + Accrued 65,498,703.32

ATTACHMENT B

1 CITY OF STANTON

REPORT TO THE SUCCESSOR AGENCY TO THE

STANTON REDEVELOPMENT AGENCY
TO: Honorable Chairman and Members of the Successor Agency DATE: November 12, 2024
SUBJECT: SEPTEMBER 2024 INVESTMENT REPORT (SUCCESSOR AGENCY) REPORT IN BRIEF:

The Investment Report as of September 30, 2024, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

RECOMMENDED ACTION:

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

2. Receive and file the Investment Report for the month of September 2024.

BACKGROUND:

The attached report summarizes the Successor Agency’s investment and deposit balances as of September 2024. During the month of September, the Successor Agency’s total cash and investments decreased by approximately $7,684. During the month of September, the Successor Agency paid $7,700 to the City of Stanton for its administrative cost allowance. The Successor Agency’s cash and investment balances by fund are presented in Attachment A. The Successor Agency’s investments and deposits by financial institution are included as Attachment B.

ANALYSIS:

The Successor Agency’s share of the City’s investment in the State Treasurer’s Local Agency Investment Fund (LAIF) continues to be available on demand. The effective yield on LAIF for the month of September 2024 was 4.58%.

Item: 6E
Click here to return to the agenda.
1 The Successor Agency’s investments are shown on Attachment B and have a weighted investment yield of 4.58%, which is equal to the benchmark LAIF return of 4.58%, as the entire portfolio (excluding funds held with the bond fiscal agents) represents the Successor Agency’s portion of the City’s pooled cash and investments. With a completely liquid portfolio, the weighted average maturity of the Successor Agency’s investments on September 30, 2024, was 1 day. LAIF’s average maturity on September 30, 2024, was approximately 231 days.

FISCAL IMPACT:

All deposits and investments have been made in accordance with the City's Fiscal Year 2024/25 Investment Policy.

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

ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Through the agenda posting process.

Prepared by: Michelle Bannigan, Finance Director
Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

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

CASH-POOLED
712-111101 Redevelopment Obligation Retirement Fund $ 1,402,862.26 $ - $ (7,700.00) $ 1,395,162.26 Total Cash-Pooled (1) $ - 1,402,862.26 $ $ (7,700.00) $ 1,395,162.26 CASH-RESTRICTED (with Fiscal Agent)
712-111423 2016 Tax Allocation Bonds, Series A and B $ 1,165,337.24 $ 4.95 $ 1,165,342.19 - $ 712-111425 2016 Tax Allocation Bonds, Series C and D 1,875,982.58 7.97 - 1,875,990.55 712-111426 2020 Tax Allocation Refunding Bonds, Series A 695,407.26 2.95 - 695,410.21 Total Cash-Restricted (with Fiscal Agent) $ 3,736,727.08 $ 15.87 $ 3,736,742.95 - $ TOTAL CASH AND INVESTMENTS $ 5,139,589.34 $ 15.87 $ (7,700.00) $ 5,131,905.21 Note:
(1) - Includes the Successor Agency's share of the City's BMO Harris Bank checking account and Local Agency Investment Fund (LAIF).

SUCCESSOR AGENCY TO THE STANTON REDEVELOPMENT AGENCY

CASH AND INVESTMENTS REPORT
MONTH ENDED SEPTEMBER 30, 2024
ATTACHMENT A Click here to return to the agenda.

SUCCESSOR AGENCY TO THE STANTON REDEVELOPMENT AGENCY

INVESTMENTS AND DEPOSITS
Investment Issuer/ Date of Market MV
Type Institution Broker Maturity Cost Value Source
LAIF and BMO General Acct State of California/ BMO State of California On Demand 4.58% N/A $ 1,395,162 $ LAIF 1,395,162 Total Cash Investments and Deposits 1 4.58% $ 1,395,162 $ 1,395,162 Weighted Average Weighted Average
Bond Funds Held by Trustees: Maturity (days) Yield
Investment Issuer/ CUSIP Date of Interest Par Market MV Type Institution Broker Number Maturity Rate Value Cost Value Source 2016 Series A and BDebt Service:Cash Equivalents US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 1,165,341 $ $ 1,165,341 $ US Bank 1,165,341 Principal: Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 1 1 US Bank 1 Total 2016 Series A and B $ 1,165,342 $ 1,165,342 Investment Issuer/ CUSIP Date of Interest Par Market MV Type Institution Broker Number Maturity Rate
Value Cost
Value Source
2016 Series C and DDebt Service:Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 1,875,990 $ $ 1,875,990 $ US Bank 1,875,990 Principal: Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 1 1 US Bank 1 Total 2016 Series C and D $ 1,875,991 $ 1,875,991 Investment Issuer/ CUSIP Date of Interest Par Market MV Type Institution Broker Number Maturity Rate Value Cost Value Source 2020 Tax Allocation Refunding Bonds Special Fund:Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 695,410 $ $ 695,410 $ US Bank 695,410 Total 2020 Tax Allocation Bonds (Tax-Exempt) $ 695,410 $ 695,410 Total Bond Fund Investments and Deposits (3) $ 3,736,743 $ 3,736,743TOTAL - ALL CASH AND INVESTMENTS $5,131,905 $5,131,905 Notes:
(1) - There have been no exceptions to the Investment Policy. (2) - The Successor Agency is able to meet its expenditure requirements for the next six months. (3) - Restricted Bond Funds are held by the fiscal agent.

MONTH ENDED SEPTEMBER 30, 2024
Rate
Interest
ATTACHMENT B Click here to return to the agenda.
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 12, 2024
SUBJECT: SEPTEMBER 2024 GENERAL FUND REVENUE AND EXPENDITURE REPORT; HOUSING AUTHORITY REVENUE AND EXPENDITURE
REPORT; STATUS OF CAPITAL IMPROVEMENT PROGRAM
REPORT IN BRIEF:

The Revenue and Expenditure Report for the month ended September 30, 2024, has been provided to the City Manager in accordance with Stanton Municipal Code Section

2.20.080 (D) and is being provided to the City Council. This report includes information on both the City’s General Fund and the Housing Authority Fund.

RECOMMENDED ACTION:

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

2. Receive and file the General Fund and Housing Authority Fund September 2024 Revenue and Expenditure Reports and Status of Capital Improvement Projects for the month ended September 30, 2024.

ANALYSIS:

General Fund Revenue and Expenditure Reports
Attachments A and B summarize the General Fund’s revenue and expenditure activity through September 30, 2024. The reports include information for the month of September, on a year-to-date basis through September, the current fiscal year’s budgeted balance and the year-to-date as a percentage of the budget. In addition, for comparison purposes, the year-to-date amount, final amount, and a percentage of final for the previous fiscal year (through September) are included as well.

Item: 6F
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2 As of September 30, total General Fund revenues received to date were approximately $4.4 million, which is 13% of the Fiscal Year 2024/25 budgeted amount and is approximately $1.2 million (38%) higher than the revenues recognized for the same period last year (Attachment A, page 2), primarily due to the following:
• $551,122 is attributed to the positive increase of, to reflect the change in fair value of the City’s investment portfolio, a non-cash transaction, due to the volatility in the investment market;
• $189,601 is due to more interest income earned on the City’s portfolio compared to the same period during the previous fiscal year; and • $223,656 is due to a full quarter of cannabis tax revenue collected from all four retail businesses during the current fiscal year; and
• $280,413 is due to additional revenues collected in conjunction with the City’s new solid waste agreement with CR&R.

Total General Fund expenditure was approximately $7.8 million through September 30, which represents 21% of the Fiscal Year 2024/25 projected expenditure and is approximately $714,169 (10%) higher than the expenditures incurred for the same period last year (Attachment B, page 2), primarily due to the following:
• $281,303 for increased law enforcement costs contracted with the County of Orange:
• $56,253 for increased fire protection costs contracted with the Orange County Fire Authority;
• $41,590 for the Safe Streets Together Campaign;
• $86,898 for increased facilities and parks maintenance costs; and, • $91,457 in capital project funding for the Storm Drain Master Plan project. 3 Per Attachment C, the City’s General Fund reserves and available fund balance (“discretionary fund balance”) is estimated to be $34.7 million by June 30, 2025, as shown in the table below.

Estimated
Balance
at 6/30/25
Set aside per Reserve Policy $ 14,900,000
Assigned Fund Balance 133,196
Unassigned Fund Balance 19,644,284
Total Discretionary Fund Balance $ 34,677,480
Housing Authority Revenue and Expenditure Reports
Attachment D summarizes the Housing Authority Fund’s revenue and expenditure activity through September 30, 2024. The report includes information on the activity during the month of September, information on a year-to-date basis through September, the current fiscal year’s budgeted balance and the year-to-date as a percentage of the budget. In addition, for comparison purposes, the year-to-date amount, final amount, and a percentage of final for the previous fiscal year (through September) are included as well.

As of September 30, total Housing Authority Fund revenues received to date were approximately $299,788, which is 42% of the Fiscal Year 2024/25 budgeted amount and is $2,751 (1%) less than the revenue collected through the same period last year.

Investment income, which includes interest earned and the change in market fluctuation in the Housing Authority’s investment portfolio, was $25,178 (18%) higher compared to the same period last year. However, rent received from the Tina/Pacific housing project was $27,929 (18%) less than the same period a year ago as vacancies increased since last year.

Total Housing Authority Fund expenditures were approximately $783,176 through September 30, which is 16% of the Fiscal Year 2024/25 budget and $554,185 (242%) higher than the expenditures incurred for the same period last year, primarily due to emergency relocation payments made during the month of September 2024. The Housing Authority spent $491,070 on relocation costs for the Tina Pacific housing project through September 30, 2024.In addition, $99,395 was spent for the demolition of 8930 Pacific Avenue.

Per Attachment E, the City’s Housing Authority Fund’s available fund balance is expected to be $5.1 million by June 30, 2025.
4 Status of Capital Improvement Projects (CIP) (Attachment F) The Fiscal Year 2024/25 CIP budget includes $8.1 million from the Fiscal Year 2024/25 Adopted Budget and $14.1 million in carryover funding from Fiscal Year 2023/24 and $300,000 in additional appropriations approved by the City Council since July 1, 2024, for a total amended budget of $22.5 million as of September 30, 2024. As of September 30, capital project expenditures totaled $770,823 (3% of the amended budget) with an additional $2.2 million (10% of the amended budget) under contract (encumbered) for work currently underway, for a total amount spent or encumbered to date of $3.0 million (13% of the amended budget) as of September 30, 2024.

FISCAL IMPACT:

None.

ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Through the normal agenda posting process.

STRATEGIC PLAN OBJECTIVES:

Obj. No. 3: Provide a quality infrastructure.

Obj. No. 4: Ensure fiscal stability and efficiency in governance.

Prepared by: Michelle Bannigan, Finance Director
Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. September 2024 General Fund Revenues
B. September 2024 General Fund Expenditures
C. General Fund Reserve Balances
D. September 2024 Housing Authority Revenue and Expenditures E. Housing Authority Reserve Balance
F. Status of Capital Improvement Projects as of September 30, 2024 %
FY 2024/25 FY 2024/25 Activity Change
Adopted Amended During Year To Date Percent of FY 2023/24 From Budget Budget September Actual * Budget Actual* Prior Year TAXES
Property Tax $ 9,210,285 $ 9,210,285 $ 26,826 $ 35,075 0.38% $ 40,640 -13.69% Sales and Use Tax 5,560,880 5,560,880 512,272 512,272 9.21% 506,180 1.20% Transactions and Use Tax 6,282,000 6,282,000 576,343 576,343 9.17% 558,125 3.26% Transient Occupancy Tax 600,000 600,000 56,640 118,693 19.78% 125,628 -5.52% Franchise Fees 1,345,300 1,345,300 55,813 129,494 9.63% 60,573 113.78% Business Licenses 158,000 158,000 2,208 15,874 10.05% 6,589 140.92% Utility Users Tax 2,593,900 2,593,900 264,917 456,435 17.60% 396,362 15.16% Cannabis Tax 1,232,570 1,232,570 258,728 292,749 23.75% 69,093 323.70% Tax Increment Pass-thru Payment 752,850 752,850 - - 0.00% - 0.00% TAXES-TOTAL 27,735,785 27,735,785 1,753,747 2,136,935 7.70% 1,763,190 21.20%

INTERGOVERNMENTAL
County WDA Shared Revenue 100,000 100,000 - - 0.00% - 0.00% Mandated Cost Reimbursement 30,000 30,000 - - 0.00% - 0.00% Motor Vehicle In Lieu 40,000 40,000 - - 0.00% - 0.00%
Public Safety Augmentation Tax 206,300 206,300 15,156 25,240 12.23% 25,345 -0.41% Other Grants 4,200 4,200 350 700 16.67% 1,417 -50.60%
INTERGOVERNMENTAL-TOTAL 380,500 380,500 15,506 25,940 6.82% 26,762 -3.07%

CHARGES FOR SERVICES
Charges for Services 151,500 151,500 14,421 44,217 29.19% 31,017 42.56% Information Technology Charges 47,440 47,440 3,755 11,264 23.74% 9,122 23.48% CHARGES FOR SERVICES-TOTAL 198,940 198,940 18,176 55,481 27.89% 40,139 38.22%

FEES AND PERMITS
Solid Waste Impact Fees 1,307,000 1,307,000 105,570 375,743 28.75% 95,330 294.15% Building Permits and Fees 865,000 865,000 274,425 367,223 42.45% 195,123 88.20% Planning Permits and Fees 59,150 59,150 12,615 29,985 50.69% 23,970 25.09% Engineering Permits and Fees 123,500 123,500 7,159 20,886 16.91% 20,600 1.39% Developer Fees - - - - 0.00% 363,650 -100.00%
Recycling Fees 87,700 87,700 - - 0.00% 22,140 -100.00%
September 2024 General Fund Revenues (25% of year)

CITY OF STANTON
FY 2024/25

ATTACHMENT A

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%
FY 2024/25 FY 2024/25 Activity Change
Adopted Amended During Year To Date Percent of FY 2023/24 From Budget Budget September Actual * Budget Actual* Prior Year September 2024 General Fund Revenues (25% of year)

CITY OF STANTON
FY 2024/25
Other Permits and Fees 261,925 261,925 21,610 51,047 19.49% 37,979 34.41% Community Services Fees 90,000 90,000 5,321 22,497 25.00% 26,570 -15.33% FEES AND PERMITS -TOTAL 2,794,275 2,794,275 426,700 867,381 31.04% 785,362 10.44%

FINES AND FORFEITURES
General Fines 2,000 2,000 4 (305) -15.25% (62) 391.94%
Motor Vehicle Fines 50,000 50,000 3,682 8,306 16.61% 11,990 -30.73% Parking Citations 270,000 270,000 23,000 34,676 12.84% 39,533 -12.29% DMV Parking Collections 71,000 71,000 6,128 13,557 19.09% 10,627 27.57% Administrative Citation 10,000 10,000 8,840 10,340 103.40% 500 1968.00% FINES AND FORFEITURES-TOTAL 403,000 403,000 41,654 66,574 16.52% 62,588 6.37%

USE OF MONEY AND PROPERTY
Investment Earnings 250,000 250,000 438,997 443,633 177.45% 254,032 74.64% Unrealized Gains (Losses) - - 623,587 623,587 0.00% 72,465 760.54% Loan Interest - - 368 368 0.00% 2,378 -84.52%
Rental Income 153,930 153,930 9,869 52,785 34.29% 46,405 13.75% USE OF MONEY AND PROPERTY-TOTAL 403,930 403,930 1,072,821 1,120,373 277.37% 375,280 198.54%

MISCELLANEOUS REVENUE
Miscellaneous Revenue 46,535 75,175 7,222 10,316 13.72% 22,052 -53.22% MISCELLANEOUS REVENUE-TOTAL 46,535 75,175 7,222 10,316 13.72% 22,052 -53.22%

TRANSFERS IN
From Gas Tax Fund 90,000 90,000 7,500 22,500 25.00% 35,000 -35.71% From Protective Services Fund 382,000 382,000 (1,435) 5,839 1.53% 4,001 45.94% Transfer from Other Grants Fund 40,000 40,000 - - 0.00% - 0.00% From Supplemental Law Enforcement Grants Fund 160,000 160,000 13,333 40,000 25.00% 40,000 0.00% Transfer from Sewer Maintenance Fund 20,000 20,000 - - 0.00% - 0.00% Transfer from Fleet Maintenance Fund 20,000 20,000 - - 0.00% - 0.00% TRANSFERS IN-TOTAL 712,000 712,000 19,398 68,339 9.60% 79,001 -13.50% TOTAL REVENUES AND TRANSFERS IN $ 32,674,965 $ 32,703,605 $ 3,355,224 $ 4,351,339 13.31% $ 3,154,374 37.95% * = Actual data is reported through September.

ATTACHMENT A

FY 2024/25 FY 2024/25 Activity % Change
Adopted Amended During Year To Date Percent of FY 2023/24 From Acct. No. Description Budget Budget September Actual * Budget Actual* Prior Year 101 General Fund
430100 Current Year-Secured $ 1,169,700 $ 1,169,700 $ - $ - 0.00% $ - 0.00% 430105 Current Year-Unsecured 32,600 32,600 19,263 19,263 59.09% 14,402 33.75% 430115 Property Tax-Supplemental 25,000 25,000 526 1,116 4.46% 1,484 -24.80% 430120 Residual Redevelopment Property Tax 1,821,750 1,821,750 - - 0.00% - 0.00% 430121 In-Lieu Vehicle License Fee 6,036,435 6,036,435 - - 0.00% - 0.00% 430135 Homeowners Tax Relief 4,800 4,800 - - 0.00% - 0.00% 430140 Property Transfer Tax 120,000 120,000 7,037 14,696 12.25% 24,754 -40.63% 430200 Sales And Use Tax 5,560,880 5,560,880 512,272 512,272 9.21% 506,180 1.20% 430300 Transient Occupancy Tax 600,000 600,000 56,640 118,693 19.78% 125,628 -5.52% 430405 Franchise Tax/Cable TV 250,000 250,000 - - 0.00% - 0.00% 430410 Franchise Tax/Electric 280,000 280,000 - - 0.00% - 0.00% 430415 Franchise Tax/Gas 100,000 100,000 - - 0.00% - 0.00% 430420 Franchise Tax/Refuse 627,300 627,300 55,813 129,494 20.64% 60,573 113.78% 430425 Franchise Tax/Water 88,000 88,000 - - 0.00% - 0.00% 430500 Business License Tax 158,000 158,000 2,208 15,874 10.05% 6,589 140.92% 430600 Util User Tax/Electricity 1,449,210 1,449,210 169,883 294,488 20.32% 268,225 9.79% 430605 Util User Tax/Telephone 235,590 235,590 15,930 31,430 13.34% 31,770 -1.07% 430610 Util User Tax/Gas 484,100 484,100 22,312 22,702 4.69% 24,921 -8.90% 430615 Util User Tax/Water 425,000 425,000 56,792 107,815 25.37% 71,446 50.90% 430700 Cannabis Tax 1,232,570 1,232,570 258,728 292,749 23.75% 69,093 323.70% 440100 AB 1389 Pass Through from RDA 752,850 752,850 - - 0.00% - 0.00% 101 General Fund 21,453,785 21,453,785 1,177,404 1,560,592 7.27% 1,205,065 29.50% 102 General Fund (Transactions & Use Tax)
430250 Transactions & Use Tax 6,282,000 6,282,000 576,343 576,343 9.17% 558,125 3.26% 102 General Fund (Transactions & Use Tax) 6,282,000 6,282,000 576,343 576,343 9.17% 558,125 3.26% TAXES - TOTAL $ 27,735,785 $ 27,735,785 $ 1,753,747 $ 2,136,935 7.70% $ 1,763,190 21.20% TAXES
September 2024 General Fund Revenues (25% of year)
FY 2024/25
* = Actual data is reported through September.

ATTACHMENT A

FY 2024/25 FY 2024/25 Activity % Change
Adopted Amended During Year To Date Percent of FY 2023/24 From Acct. No. Description Budget Budget September Actual * Budget Actual* Prior Year 101 General Fund
432121 County WDA Shared Revenue $ 100,000 100,000$ -$ -$ 0.00% -$ 0.00% 432135 Mandated Cost Reimbursement 30,000 30,000 - - 0.00% - 0.00% 432150 Motor Vehicle In Lieu 40,000 40,000 - - 0.00% - 0.00% 432180 Public Safety Augmentation Tax 206,300 206,300 15,156 25,240 12.23% 25,345 -0.41% 432256 Other Grants 4,200 4,200 350 700 16.67% 1,417 -50.60% INTERGOVERNMENTAL - TOTAL $ 380,500 $ 380,500 $ 15,506 $ 25,940 6.82% $ 26,762 -3.07%

INTERGOVERNMENTAL
September 2024 General Fund Revenues (25% of year)
FY 2024/25
* = Actual data is reported through September.

ATTACHMENT A

FY 2024/25 FY 2024/25 Activity % Change
Adopted Amended During Year To Date Percent of FY 2023/24 From Acct. No. Description Budget Budget September Actual * Budget Actual* Prior Year 101 General Fund
433100 Charges For Services $ 151,500 $ 151,500 $ 14,421 $ 44,217 29.19% $ 31,017 42.56% 433136 Information Technology Charges 47,440 47,440 3,755 11,264 23.74% 9,122 23.48% CHARGES FOR SERVICES - TOTAL $ 198,940 $ 198,940 $ 18,176 $ 55,481 27.89% $ 40,139 38.22%

CHARGES FOR SERVICES
September 2024 General Fund Revenues (25% of year)
FY 2024/25
* = Actual data is reported through September.

ATTACHMENT A

FY 2024/25 FY 2024/25 Activity % Change
Adopted Amended During Year To Date Percent of FY 2023/24 From Acct. No. Description Budget Budget September Actual * Budget Actual* Prior Year 101 General Fund
431100 Building Plan Check Fees $ 135,000 $ 135,000 $ 35,056 $ 61,259 45.38% $ 49,804 23.00% 431105 Mechanical Permits 80,000 80,000 24,980 31,265 39.08% 18,445 69.50% 431110 Building Permits 500,000 500,000 182,135 225,418 45.08% 97,091 132.17% 431115 Plumbing Permits 50,000 50,000 15,795 19,665 39.33% 7,130 175.81% 431120 Electrical Permits 100,000 100,000 16,459 29,616 29.62% 22,653 30.74% 431130 Engineering Plan Check Fees 30,000 30,000 - 1,445 4.82% 2,045 -29.34% 431135 Public Works Permits 93,500 93,500 7,159 19,441 20.79% 18,555 4.77% 431140 S M I P - Commercial Fees 400 400 - - 0.00% 35 -100.00% 431145 S M I P-Residential Permits 250 250 - - 0.00% 23 -100.00% 431146 SB 1473 Fee 2,500 2,500 699 801 32.04% 243 229.63% 431160 Solid Waste Impact Fees 1,307,000 1,307,000 105,570 375,743 28.75% 95,330 294.15% 431180 P/W Inspections 10,000 10,000 - 1,600 16.00% 4,801 -66.67% 431185 Parking Permits 6,000 6,000 875 2,350 39.17% 1,240 89.52% 431190 Towing Franchise Fee 25,000 25,000 1,890 5,490 21.96% 3,060 79.41% 431192 Beautification/Enhancement Fee - - - - 0.00% 50,000 -100.00% 431193 Neighborhood Preservation Fees - - - - 0.00% 6,000 -100.00% 431194 Public Benefit Fee - - - - 0.00% 307,650 -100.00% 431195 Other Fees & Permits 60,000 60,000 16,007 24,706 41.18% 17,282 42.96% 431201 Cannabis Business Renewal Permit Fee 5,600 5,600 - - 0.00% - 0.00% 433200 Conditional Use Permit 7,000 7,000 - - 0.00% 2,485 -100.00% 433205 Precise Plan Of Design 10,000 10,000 - 3,070 30.70% 3,070 0.00% 433220 Preliminary Plan Review 3,750 3,750 1,875 3,750 100.00% - 100.00% 433225 Environmental Services 4,400 4,400 - 75 1.70% 150 -50.00% 433230 Zoning Entitlements 4,000 4,000 - - 0.00% - 0.00% 433235 Land Divisions 2,500 2,500 - - 0.00% - 0.00%
433240 Special Event Permits 1,000 1,000 - - 0.00% 360 -100.00% 433245 Sign/Ban'R/Gar Sa/Temp Use Per 4,000 4,000 1,115 2,025 50.63% 2,265 -10.60% 433250 Ministerial Services 12,000 12,000 3,535 8,455 70.46% 3,180 165.88%

FEES AND PERMITS
September 2024 General Fund Revenues (25% of year)
FY 2024/25

ATTACHMENT A

FY 2024/25 FY 2024/25 Activity % Change
Adopted Amended During Year To Date Percent of FY 2023/24 From Acct. No. Description Budget Budget September Actual * Budget Actual* Prior Year 101 General Fund

FEES AND PERMITS
September 2024 General Fund Revenues (25% of year)
FY 2024/25
433260 Landscape Plan Check 1,500 1,500 - 325 21.67% 325 0.00% 433270 General Plan Maint Surcharge 10,000 10,000 6,090 12,285 122.85% 12,495 -1.68% 433305 General Recreation Programs 60,000 60,000 2,171 13,707 22.85% 20,415 -32.86% 433315 Sports Fields 30,000 30,000 3,150 8,790 29.30% 6,155 42.81% 437115 Recycling Fees 87,700 87,700 - - 0.00% 22,140 -100.00% 430505 New/Moved Bus Lic Appl Rev 34,000 34,000 1,700 8,370 24.62% 7,830 6.90% 430510 Business Tax Renewal Process 115,000 115,000 1,080 7,595 6.60% 3,030 150.66% 430515 SB 1186 2,175 2,175 (641) 135 6.21% 75 80.00%
FEES AND PERMITS - TOTAL $ 2,794,275 $ 2,794,275 $ 426,700 $ 867,381 31.04% $ 785,362 10.44% * = Actual data is reported through September.

ATTACHMENT A

FY 2024/25 FY 2024/25 Activity % Change
Adopted Amended During Year To Date Percent of FY 2023/24 From Acct. No. Description Budget Budget September Actual * Budget Actual* Prior Year 101 General Fund
434100 General Fines $ 2,000 $ 2,000 $ 4 $ (305) -15.25% $ (62) 391.94% 434105 Motor Vehicle Fines 50,000 50,000 3,682 8,306 16.61% 11,990 -30.73% 434110 Parking Citations 270,000 270,000 23,000 34,676 12.84% 39,533 -12.29% 434115 DMV Parking Collections 71,000 71,000 6,128 13,557 19.09% 10,627 27.57% 434120 Administrative Citations 10,000 10,000 8,840 10,340 103.40% 500 1968.00% FINES AND FORFEITURES - TOTAL $ 403,000 $ 403,000 $ 41,654 $ 66,574 16.52% $ 62,588 6.37%

FINES AND FORFEITURES
September 2024 General Fund Revenues (25% of year)
* = Actual data is reported through September.

FY 2024/25

ATTACHMENT A

FY 2024/25 FY 2024/25 Activity % Change
Adopted Amended During Year To Date Percent of FY 2023/24 From Acct. No. Description Budget Budget September Actual * Budget Actual* Prior Year 101 General Fund
435100 Interest Earned $ 250,000 $ 250,000 $ 438,997 $ 443,633 177.45% $ 254,032 74.64% 435110 Unrealized Gains (Losses) - - 623,587 623,587 0.00% 72,465 -760.54% 435200 Loan Interest - - 368 368 0.00% 2,378 -84.52%
436115 Property Rental 15,025 15,025 1,234 3,701 24.63% 3,600 2.81% 436125 Indoor Facility Rental 90,000 90,000 6,940 34,390 38.21% 28,083 22.46% 436127 Picnic Shelters 25,000 25,000 1,695 8,850 35.40% 9,075 -2.48% 436135 Pac Bell Mobile Svcs-Rent 23,905 23,905 - 5,844 24.45% 5,647 3.49% USE OF MONEY AND PROPERTY - TOTAL $ 403,930 $ 403,930 $ 1,072,821 $ 1,120,373 277.37% $ 375,280 198.54%

USE OF MONEY AND PROPERTY
September 2024 General Fund Revenues (25% of year)
* = Actual data is reported through September.

FY 2024/25

ATTACHMENT A

FY 2024/25 FY 2024/25 Activity % Change
Adopted Amended During Year To Date Percent of FY 2023/24 From Acct. No. Description Budget Budget September Actual * Budget Actual* Prior Year 101 General Fund
437100 Sale Of Publications $ - $ - $ - $ 1 0.00% $ 102 -99.02% 437105 Firework Services 475 475 - - 0.00% - 0.00%
437110 Candidate Statements 1,500 1,500 - - 0.00% - 0.00% 437125 Donations - 500 - - 0.00% 9 100.00%
437130 Insurance Reimbursement - - - - 0.00% 326 -100.00% 437135 Expense Reimbursement 34,560 62,700 4,890 7,817 12.47% 19,642 -60.20% 437195 Other Revenue 10,000 10,000 2,332 2,498 24.98% 1,973 26.61% MISCELLANEOUS REVENUE - TOTAL $ 46,535 $ 75,175 $ 7,222 $ 10,316 13.72% $ 22,052 -53.22%

MISCELLANEOUS REVENUE
September 2024 General Fund Revenues (25% of year)
* = Actual data is reported through September.

FY 2024/25

ATTACHMENT A

FY 2024/25 FY 2024/25 Activity % Change
Adopted Amended During Year To Date Percent of FY 2023/24 From Acct. No. Description Budget Budget September Actual * Budget Actual* Prior Year 101 General Fund
439211 Transfer From Gas Tax Fund $ 90,000 $ 90,000 $ 7,500 $ 22,500 25.00% $ 35,000 -35.71% 439223 Transfer From Protective Services Fund 382,000 382,000 (1,435) 5,839 1.53% 4,001 45.94% 439227 Transfer from Other Grants Fund 40,000 40,000 - - 0.00% - 0.00% 439242 Transfer From Supp Law Enf Grant 160,000 160,000 13,333 40,000 25.00% 40,000 0.00% 439501 Transfer from Sewer Maintenance Fund 20,000 20,000 - - 0.00% - 0.00% 439605 Transfer from Fleet Maintenance Fund 20,000 20,000 - - 0.00% - 0.00% TRANSFERS IN - TOTAL $ 712,000 $ 712,000 $ 19,398 $ 68,339 9.60% $ 79,001 -13.50%

TRANSFERS IN
September 2024 General Fund Revenues (25% of year)
FY 2024/25
* = Actual data is reported through September.

ATTACHMENT A

Division
No. Description
FY 2024/25
Adopted
Budget
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
Percent of
Budget
FY 2023/24
Actual*
1100 City Council $ 215,025 $ 216,510 $ 39,661 $ 85,017 39.27% $ 49,241 72.65% 1200 City Attorney 400,000 550,000 41,009 41,009 7.46% 79,965 48.72% 1300 City Manager 593,420 627,550 38,007 135,156 21.54% 138,943 -2.73% 1400 City Clerk 307,135 307,135 16,733 57,626 18.76% 50,921 13.17% 1410 Personnel/Risk Management 326,670 326,670 20,740 71,908 22.01% 72,086 -0.25% 1510 Information Technology 1,458,295 1,654,330 49,741 236,076 14.27% 263,597 -10.44% Administration 3,300,545 3,682,195 205,891 626,792 17.02% 654,753 -4.27% 1500 Finance 1,163,585 1,177,562 77,082 250,473 21.27% 228,193 9.76% 1600 Non-Dept (excludes Transfers) 527,100 424,000 - - 0.00% - 0.00% Finance 1,690,685 1,601,562 77,082 250,473 15.64% 228,193 9.76% 1520 Emergency Preparedness 5,000 5,000 - - 0.00% - 0.00% 2100 Law Enforcement 14,236,595 14,386,595 1,180,977 3,552,883 24.70% 3,271,580 8.60% 2200 Fire Protection 5,796,580 5,777,485 - 1,430,029 24.75% 1,373,776 4.09% 2230 Contractual Ambulance Svcs 2,500 2,500 - - 0.00% - 0.00% 2300 Homeless Prevention 329,880 329,880 16,616 49,093 14.88% 50,670 -3.11% 2400 Animal Control Services 221,565 221,565 - 71,472 32.26% 68,068 5.00% 2500 Public Safety-Other 994,125 694,567 23,903 140,329 20.20% 88,384 58.77% 4300 Parking Control 265,100 265,100 23,704 66,171 24.96% 62,457 5.95% 6200 Code Enforcement 746,155 773,853 83,538 192,202 24.84% 141,666 35.67% Public Safety 22,597,500 22,456,545 1,328,738 5,502,179 24.50% 5,056,601 8.81% 3000 Public Works Administration 673,240 673,240 44,270 187,744 27.89% 159,627 17.61% 3100 Engineering 363,340 346,340 19,375 64,210 18.54% 74,272 -13.55% 3200 Public Facilities 659,665 673,219 66,890 155,908 23.16% 103,206 51.06% 3300 Crossing Guard 48,500 48,500 2,696 6,234 12.85% 4,456 39.90% 3400 Parks Maintenance 615,445 762,935 97,286 137,483 18.02% 103,287 33.11% 3500 Street Maintenance 459,340 440,500 15,325 67,060 15.22% 80,866 -17.07% 3600 Storm Drains 206,500 206,500 9,607 9,659 4.68% 5,267 83.39% 6300 Graffiti Abatement 117,555 117,555 7,497 20,746 17.65% 17,314 19.82% Public Works 3,143,585 3,268,789 262,946 649,044 19.86% 548,295 18.37% City of Stanton
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
% Change
from Prior
Year
* = Actual data is reported through September.

ATTACHMENT B

Click here to return to the agenda.

Division
No. Description
FY 2024/25
Adopted
Budget
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
Percent of
Budget
FY 2023/24
Actual*
City of Stanton
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
% Change
from Prior
Year
4000 Community Development Administration 445,490 445,490 27,616 130,131 29.21% 104,251 24.82% 4100 Planning 486,105 486,105 30,684 88,031 18.11% 68,786 27.98% 4200 Building Regulation 435,375 435,375 6,413 19,013 4.37% 18,080 5.16% 4400 Economic Development 186,115 186,115 32 96 0.05% 319 -69.91% Community Development 1,553,085 1,553,085 64,745 237,271 15.28% 191,436 23.94% 5000 Public Information Office 186,165 208,915 9,822 33,262 15.92% 56,147 -40.76% 5100 Community Services Administration 764,335 764,835 46,554 208,943 27.32% 152,444 37.06% 5200 Community Center Operations 152,755 264,714 18,087 44,492 16.81% 21,336 108.53% 5300 Park Operations 360,685 360,685 23,365 69,692 19.32% 81,222 -14.20% 5400 Senior Citizen Programs 78,765 78,765 5,331 17,355 22.03% 13,088 32.60% 5500 Recreation Programs 114,200 114,200 15,930 29,440 25.78% 42,716 -31.08% Community Services 1,656,905 1,792,114 119,089 403,184 22.50% 366,953 9.87% Transfer to FACT Grant 113,570 113,570 604 3,076 2.71% 6,408 -52.00% Transfer to Senior Transportation Fund 3,030 3,030 - - 0.00% 69 -100.00% Transfer to SCP Maintenance 108,775 108,775 9,065 27,194 25.00% 16,194 67.93% Transfer to Capital Projects Fund 540,000 1,821,520 88,203 88,203 4.84% 4,345 1929.99% Transfers to Other Funds 765,375 2,046,895 97,872 118,473 5.79% 27,016 338.53% TOTAL EXPENDITURES $ 34,707,680 $ 36,401,185 $ 2,156,363 $ 7,787,416 21.39% $ 7,073,247 10.10% * = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description % of Budget
FY 2023/24
Actual*
101 General Fund
1100 City Council
501105 Salaries-Elected $ 52,200 $ 52,200 $ 4,023 $ 12,019 23.02% $ 12,019 0.00% 502115 Unemployment Insurance 630 630 - - 0.00% - 0.00% 502120 Medicare/Fica 760 760 58 174 22.89% 174 0.00%
502130 Other Benefit Charges 750 750 5 16 2.13% 11 45.45% 602100 Special Dept Expense 10,240 10,240 435 4,070 39.75% 3,575 13.85% 602110 Office Expense 2,000 2,000 98 98 4.90% 98 0.00%
607100 Membership/Dues 44,545 44,545 - 28,037 62.94% 27,873 0.59% 607110 Travel/Conference/Meetings 15,000 15,000 - 1,950 13.00% 2,765 -29.48% 612115 Liability Insurance Charge 3,900 3,900 45 3,656 93.74% 2,726 34.12% 701105 Equipment-General 85,000 86,485 34,997 34,997 40.47% - 100.00% 1100 City Council Total 215,025 216,510 39,661 85,017 39.27% 49,241 72.65% 1200 City Attorney
608105 Professional Services 400,000 550,000 41,009 41,009 7.46% 79,965 -48.72% 1200 City Attorney Total 400,000 550,000 41,009 41,009 7.46% 79,965 -48.72% 1300 City Manager
501110 Salaries-Regular 340,290 314,360 21,717 64,938 20.66% 75,380 -13.85% 501115 Salaries-Overtime 500 500 - - 0.00% - 0.00%
501120 Salaries-Part-Time - 43,375 1,258 3,241 7.47% - 100.00% 502100 Retirement 93,500 94,975 6,887 20,576 21.66% 16,425 25.27% 502105 Workers Comp Insurance 5,250 5,250 404 1,200 22.86% 1,259 -4.69% 502110 Health/Life Insurance 31,595 31,595 2,370 5,931 18.77% 5,320 11.48% 502111 Medical In-Lieu Pay 2,100 2,100 30 74 3.52% 888 -91.67% 502115 Unemployment Insurance 285 285 - - 0.00% - 0.00% 502120 Medicare/Fica 4,445 4,655 320 956 20.54% 1,083 -11.73% 502130 Other Benefit Charges 55 55 31 93 169.09% 68 36.76% Administration - Shin-Heydorn
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
FY 2024/25
Adopted
Budget
FY 2024/25
% Change
From Prior
Year
* = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description % of Budget
FY 2023/24
Actual*
Administration - Shin-Heydorn
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
FY 2024/25
Adopted
Budget
FY 2024/25
% Change
From Prior
Year
1300 City Manager, Continued
602110 Office Expense 10,600 10,600 241 800 7.55% 813 -1.60% 602115 Postage 200 200 176 176 88.00% 19 826.32%
602120 Books/Periodicals 100 100 - - 0.00% - 0.00%
607100 Membership/Dues 1,000 1,000 - 585 58.50% 475 23.16% 607110 Travel/Conference/Meetings 4,800 4,800 - 650 13.54% - 100.00% 608105 Professional Services 73,000 88,000 4,233 12,245 13.91% 12,000 2.04% 612105 Vehicle Replacement Charge 580 580 48 145 25.00% 516 -71.90% 612115 Liability Insurance Charge 25,120 25,120 292 23,546 93.73% 24,697 -4.66% 1300 City Manager Total 593,420 627,550 38,007 135,156 21.54% 138,943 -2.73% 1400 City Clerk
501110 Salaries-Regular 134,875 134,875 9,992 29,975 22.22% 28,551 4.99% 501115 Salaries-Overtime 500 500 107 107 21.40% 150 28.67% 502100 Retirement 49,915 49,915 3,945 11,836 23.71% 8,774 34.90% 502105 Workers Comp Insurance 2,170 2,170 176 528 24.33% 477 10.69% 502110 Health/Life Insurance 25,210 25,210 1,932 4,813 19.09% 4,186 14.98% 502111 Medical In-Lieu Pay - - 44 111 0.00% 13 753.85%
502115 Unemployment Insurance 140 140 - - 0.00% - 0.00% 502120 Medicare/Fica 1,880 1,880 143 427 22.71% 405 5.43% 502130 Other Benefit Charges 35 35 14 41 117.14% 26 57.69% 602110 Office Expense 2,750 2,750 - 240 8.73% 369 -34.96% 602115 Postage 500 500 57 286 57.20% 229 24.89%
602120 Books/Periodicals 100 100 - - 0.00% - 0.00%
607100 Membership/Dues 510 510 - 475 93.14% 250 90.00%
607110 Travel/Conference/Meetings 1,200 1,200 - - 0.00% - 0.00% 607115 Training 2,500 2,500 180 300 12.00% 1,275 -76.47% 608105 Professional Services 5,865 5,865 - 1,145 19.52% - 0.00% 608135 Microfilming 15,000 15,000 - - 0.00% - 0.00%
* = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description % of Budget
FY 2023/24
Actual*
Administration - Shin-Heydorn
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
FY 2024/25
Adopted
Budget
FY 2024/25
% Change
From Prior
Year
1400 City Clerk, Continued
608140 Elections 54,000 54,000 - (1,752) -3.24% - 0.00% 612105 Vehicle Replacement Charge 385 385 32 96 24.94% 144 -33.33% 612115 Liability Insurance Charge 9,600 9,600 111 8,998 93.73% 6,072 48.19% 1400 City Clerk Total 307,135 307,135 16,733 57,626 18.76% 50,921 13.17% 1410 Personnel/Risk Management
501110 Salaries-Regular 134,280 134,280 9,999 29,998 22.34% 24,741 21.25% 501120 Salaries-Part-Time 50,180 50,180 3,096 9,166 18.27% 20,518 -55.33% 502100 Retirement 48,000 48,000 3,027 9,073 18.90% 8,080 12.29% 502105 Workers Comp Insurance 2,960 2,960 230 689 23.28% 756 -8.86% 502110 Health/Life Insurance 26,655 26,655 2,039 5,099 19.13% 4,326 17.87% 502111 Medical In-Lieu Pay 500 500 46 138 27.60% - 100.00% 502115 Unemployment Insurance 250 250 - - 0.00% - 0.00% 502120 Medicare/FICA 2,660 2,660 184 553 20.79% 640 -13.59% 502130 Other Benefit Charges 180 180 18 53 29.44% 41 29.27% 602110 Office Expense 1,400 1,400 - - 0.00% 133 -100.00% 602115 Postage 200 200 11 31 15.50% 45 -31.11%
607100 Membership/Dues 1,725 1,725 1,000 1,300 75.36% 525 147.62% 607110 Travel/Conference/Meetings 2,000 2,000 - - 0.00% - 0.00% 607115 Training 7,500 7,500 - (40) -0.53% (185) -78.38% 607120 Education Reimbursement Program 10,000 10,000 - - 0.00% 1,250 -100.00% 608105 Professional Services 10,500 10,500 681 3,236 30.82% 3,505 -7.67% 608125 Advertising/ Business Dev't 2,200 2,200 - - 0.00% - 0.00% 609125 Employee/Volunteer Recognition 12,000 12,000 211 376 3.13% 1,429 73.69% 612105 Vehicle Replacement Charge 580 580 48 145 25.00% 134 8.21% 612115 Liability Insurance Charge 12,900 12,900 150 12,091 93.73% 6,148 96.67% 1410 Personnel/Risk Management 326,670 326,670 20,740 71,908 22.01% 72,086 -0.25% * = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description % of Budget
FY 2023/24
Actual*
Administration - Shin-Heydorn
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
FY 2024/25
Adopted
Budget
FY 2024/25
% Change
From Prior
Year
1510 Information Technology
501110 Salaries-Regular 107,035 107,035 11,892 27,748 25.92% 22,651 22.50% 501115 Salaries-Overtime 6,000 6,000 347 347 5.78% 2,501 -86.13% 502100 Retirement Charges 39,720 39,720 3,922 10,183 25.64% 6,961 46.29% 502105 Workers Comp Insurance 1,730 1,730 209 488 28.21% 378 29.10% 502110 Health/Life Insurance 21,440 21,440 1,672 4,180 19.50% 3,562 17.35% 502115 Unemployment Insurance 125 125 - - 0.00% - 0.00% 502120 Medicare/Fica 1,495 1,495 166 379 25.35% 337 12.46% 502130 Other Benefit Charges 30 30 16 38 126.67% 20 90.00% 602140 Materials & Supplies 15,000 15,000 4,242 4,242 28.28% 174 -2337.93% 603105 Equipment Maintenance 50,000 48,515 10,269 25,537 52.64% 8,806 -190.00% 604100 Communications 94,700 94,700 11,059 17,103 18.06% 19,649 -12.96% 607100 Membership/Dues 47,280 47,280 2,124 29,523 62.44% 1,409 1995.32% 608100 Contractual Services 326,125 368,125 3,735 109,170 29.66% 191,049 -42.86% 612105 Vehicle Replacement Charge - - - - 0.00% 1,505 -100.00% 612115 Liability Insurance Charge 7,615 7,615 88 7,138 93.74% 4,595 55.34% 701050 Computer Software 700,000 855,520 - - 0.00% - 0.00% 701105 Equipment-General 40,000 40,000 - - 0.00% - 0.00% 1510 Information Technology Total 1,458,295 1,654,330 49,741 236,076 14.27% 263,597 -10.44% TOTAL ADMINISTRATION $ 3,300,545 $ 3,682,195 $ 205,891 $ 626,792 17.02% $ 654,753 -4.27% * = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description % of Budget
FY 2023/24
Actual*
101 General Fund
1500 Finance
501110 Salaries-Regular $ 566,125 $ 552,655 $ 40,292 $ 116,394 21.06% $ 111,069 4.79% 501115 Salaries-Overtime 1,000 5,000 595 1,878 37.56% 345 444.35% 501120 Salaries-Part Time 68,655 68,655 3,534 12,249 17.84% 13,456 -8.97% 502100 Retirement 162,670 162,670 12,521 36,325 22.33% 24,613 47.58% 502105 Workers Comp Insurance 10,035 10,035 771 2,264 22.56% 2,080 8.85% 502110 Health/Life Insurance 106,755 106,755 6,377 15,854 14.85% 14,495 9.38% 502111 Medical In-Lieu Pay 1,490 1,490 495 945 63.42% 358 163.97% 502115 Unemployment Insurance 950 950 21 88 9.26% 194 -54.64% 502120 Medicare/FICA 8,835 8,835 525 1,542 17.45% 1,516 1.72% 502130 Other Benefit Charges 585 585 59 254 43.42% 112 126.79% 602102 Legal Notices - 5,000 - - 0.00% - 0.00%
602110 Office Expense 6,000 6,000 2,213 2,243 37.38% (3,385) 166.26% 602115 Postage 3,500 3,500 72 361 10.31% 335 7.76%
602120 Books/Periodicals 350 350 - - 0.00% - 0.00%
607100 Membership/Dues 1,260 1,260 35 130 10.32% 25 420.00% 607105 Mileage Reimbursement 100 100 8 8 8.00% - 100.00% 607110 Travel/Conference/Meetings 5,900 5,900 70 606 10.27% 180 236.67% 607115 Training 1,750 1,750 - - 0.00% 91 -100.00%
608100 Contractual Services - 3,600 - - 0.00% - 0.00%
608105 Professional Services 143,385 157,362 6,681 13,174 8.37% 21,627 -39.09% 608107 Financial Services 24,600 24,600 1,723 3,992 16.23% 5,990 -33.36% 611116 Payment to Other Agencies 1,000 1,000 - - 0.00% - 0.00% 612105 Vehicle Replacement Charge 1,545 1,545 129 386 24.98% 836 -53.83% 612115 Liability Insurance Charge 44,095 44,095 512 41,331 93.73% 33,896 21.93% Finance-Bannigan
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
% Change
From Prior
Year
FY 2024/25
Adopted
Budget
FY 2024/25
* = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description % of Budget
FY 2023/24
Actual*
Finance-Bannigan
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
% Change
From Prior
Year
FY 2024/25
Adopted
Budget
FY 2024/25
1500 Finance, Continued
701100 Equipment-Office - 870 - - 0.00% - 0.00%
1500 Finance Total 1,160,585 1,174,562 76,633 250,024 21.29% 227,833 9.74% 1600 Non-Departmental
602100 Special Dept Expense 132,100 29,000 - - 0.00% - 0.00% 610235 Economic Development Loan Repayment 350,000 350,000 - - 0.00% - 0.00% 611105 Revenue Sharing-City of Anaheim 45,000 45,000 - - 0.00% - 0.00% 1600 Non-Departmental Total 527,100 424,000 - - 0.00% - 0.00% 101 GENERAL FUND TOTAL $ 1,687,685 $ 1,598,562 $ 76,633 $ 250,024 15.64% $ 227,833 9.74% 102 General Fund (Transactions & Use Tax)
1500 Finance
608105 Professional Services 3,000 3,000 449 449 14.97% 360 24.72% 1500 Finance Total 3,000 3,000 449 449 14.97% 360 24.72% 102 TRANSACTIONS AND USE TAX TOTAL $ 3,000 $ 3,000 $ 449 $ 449 14.97% $ 360 24.72% TOTAL FINANCE $ 1,690,685 $ 1,601,562 $ 77,082 $ 250,473 15.64% $ 228,193 9.76% * = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description % of Budget
101 General Fund
1520 Emergency Services
602140 Materials & Supplies $ 5,000 $ 5,000 $ - $ - 0.00% $ - 0.00% 1520 Emergency Services 5,000 5,000 - - 0.00% - 0.00%
2100 Law Enforcement
602100 Special Dept Expense 1,500 151,500 237 237 0.16% 1,245 -80.96% 602110 Office Expense 4,000 4,000 - - 0.00% 278 -100.00% 602145 Gas/Oil/Lube 3,000 3,000 172 330 11.00% 345 -4.35% 604100 Communications 61,200 61,200 - 11,780 19.25% 10,321 14.14% 608100 Contractual Services 14,100 14,100 1,169 2,338 16.58% 4,275 -45.31% 608160 O.C.S.D. Contract 9,664,190 9,664,190 1,655,771 2,416,047 25.00% 2,141,736 12.81% 612105 Vehicle Replacement Charge 12,605 12,605 1,050 3,151 25.00% 1,505 109.37% 2100 Law Enforcement Total 9,760,595 9,910,595 1,658,399 2,433,883 24.56% 2,159,705 12.70% 2200 Fire Protection
602100 Special Department Expense 47,760 47,760 - - 0.00% - 0.00% 608185 O.C.F.A. Contract 4,153,820 4,134,725 - 1,031,279 24.94% 995,558 3.59% 2200 Fire Protection Total 4,201,580 4,182,485 - 1,031,279 24.66% 995,558 3.59% 2230 Ambulance Services
608190 Contractual Ambulance Svcs 2,500 2,500 - - 0.00% - 0.00% 2230 Ambulance Services Total 2,500 2,500 - - 0.00% - 0.00% 2300 Homeless Prevention
501110 Salaries-Regular 153,415 153,415 11,515 34,544 22.52% 38,328 -9.87% 502100 Retirement 39,975 39,975 3,205 9,616 24.06% 7,194 33.67% 502105 Workers Comp Insurance 2,470 2,470 203 608 24.62% 640 -5.00% 502110 Health/Life Insurance 25,750 25,750 1,187 2,972 11.54% 2,949 0.78% 502111 Medical In-Lieu Pay 3,820 3,820 319 796 20.84% 875 -9.03% 502115 Unemployment Insurance 240 240 - - 0.00% 85 -100.00% 502120 Medicare/Fica 2,200 2,200 171 510 23.18% 565 -9.73% % Change
From Prior
Year
FY 2023/24
Actual*
Public Safety-Wren
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
FY 2024/25
Adopted
Budget
FY 2024/25
* = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description % of Budget
% Change
From Prior
Year
FY 2023/24
Actual*
Public Safety-Wren
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
FY 2024/25
Adopted
Budget
FY 2024/25
2300 Homeless Prevention, Continued
502130 Other Benefits 60 60 16 47 78.33% 34 38.24%
610230 North SPA Navig Ctr Cost Share 101,950 101,950 - - 0.00% - 0.00% 2300 Homeless Prevention Total 329,880 329,880 16,616 49,093 14.88% 50,670 -3.11% 2400 Animal Control Services
608170 Animal Control Services 221,565 221,565 - 71,472 32.26% 68,068 5.00% 2400 Animal Control Services Total 221,565 221,565 - 71,472 32.26% 68,068 5.00% 2500 Public Safety-Other
501110 Salaries-Regular 113,710 113,710 8,196 24,518 21.56% 23,006 6.57% 501115 Salaries-Overtime - 50,000 6,734 28,070 56.14% - 100.00% 502100 Retirement Charges 33,920 33,920 2,715 8,138 23.99% 5,625 44.68% 502105 Workers Comp Insurance 1,745 1,745 144 432 24.76% 384 12.50% 502110 Health/Life Insurance 6,965 11,810 1,319 3,842 32.53% 1,147 234.96% 502111 Medical In-Lieu Pay 2,100 2,100 249 623 29.67% 460 35.43% 502115 Unemployment Insurance 105 105 - - 0.00% - 0.00% 502120 Medicare/FICA 1,540 2,265 218 765 33.77% 340 125.00% 502130 Other Benefit Charges 30 30 11 33 110.00% 21 57.14% 602100 Special Department Expense 720,000 404,430 3,112 10,862 2.69% - 100.00% 602102 Legal Notices - 442 442 442 100.00% - 100.00%
602110 Office Expense 1,500 1,500 48 102 6.80% 226 -54.87% 602115 Postage 150 150 - - 0.00% - 0.00%
602130 Clothing 4,500 4,500 - - 0.00% - 0.00%
607100 Membership/Dues 500 500 - - 0.00% - 0.00%
607115 Training 500 500 - - 0.00% - 0.00%
608100 Contractual Services 4,820 4,820 - 4,819 99.98% 4,678 3.01% 612115 Liability Insurance Charge 61,540 61,540 715 57,683 93.73% 52,141 10.63% 701105 Equipment-General 40,000 - - - 0.00% - 0.00%
* = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description % of Budget
% Change
From Prior
Year
FY 2023/24
Actual*
Public Safety-Wren
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
FY 2024/25
Adopted
Budget
FY 2024/25
2500 Public Safety-Other, Continued
702100 Office Furniture 500 500 - - 0.00% 356 -100.00%
2500 Public Safety-Other Total 994,125 694,567 23,903 140,329 20.20% 88,384 58.77% 4300 Parking Control
501110 Salaries-Regular 111,050 111,050 8,271 22.32% 24,784 -19.38% 30,741 501115 Salaries-Overtime 100 100 - - 0.00% - 0.00%
501120 Salaries-Part Time 44,815 44,815 3,194 9,922 22.14% 9,165 8.26% 502100 Retirement 35,835 35,835 2,912 8,729 24.36% 7,514 16.17% 502105 Workers Comp Insurance 2,470 2,470 202 611 24.74% 666 -8.26% 502110 Health/Life Insurance 13,960 13,960 1,042 2,579 18.47% 3,347 -22.95% 502111 Medical In-Lieu Pay 1,625 1,625 121 314 19.32% 257 22.18% 502115 Unemployment Insurance 300 300 - - 0.00% 39 -100.00% 502120 Medicare/FICA 2,185 2,185 165 499 22.84% 578 -13.67% 502125 Leave Disbursals - - - - 0.00% - 0.00%
502130 Other Benefit Charges 180 180 16 47 26.11% 36 30.56% 602110 Office Expense 3,500 3,500 - 1,767 50.49% 2,974 -40.59% 602115 Postage 300 300 22 66 22.00% 51 29.41%
604100 Communications - - - - 0.00% 54 -100.00%
608105 Professional Services 31,000 31,000 100 100 0.32% 4,026 -97.52% 611116 Payment to Other Agencies - - 6,177 12,308 0.00% - 100.00% 612105 Vehicle Replacement Charge 17,780 17,780 1,482 4,445 25.00% 3,009 47.72% 4300 Parking Control Total 265,100 265,100 23,704 66,171 24.96% 62,457 5.95% 6200 Code Enforcement
501110 Salaries-Regular 453,620 453,620 33,461 100,331 22.12% 92,450 8.52% 502115 Salaries-Overtime 100 100 - - 0.00% - 0.00%
501120 Salaries-Part Time 44,815 44,815 3,194 9,922 22.14% 9,165 8.26% 502100 Retirement 134,010 134,010 10,833 32,491 24.25% 21,868 48.58% 502105 Workers Comp Insurance 7,800 7,800 645 1,940 24.87% 1,697 14.32% * = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description % of Budget
% Change
From Prior
Year
FY 2023/24
Actual*
Public Safety-Wren
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
FY 2024/25
Adopted
Budget
FY 2024/25
6200 Code Enforcement, Continued
502110 Health/Life Insurance 55,275 55,275 3,927 9,822 17.77% 9,142 7.44% 502111 Medical In-Lieu Pay 3,725 3,725 375 950 25.50% 702 35.33% 502115 Unemployment Insurance 735 735 - - 0.00% 39 -100.00% 502120 Medicare/FICA 6,925 6,925 529 1,593 23.00% 1,477 7.85% 502130 Other Benefit Charges 290 290 50 150 51.72% 91 64.84% 602110 Office Expense 2,000 2,000 - - 0.00% 31 -100.00% 602115 Postage 1,500 1,500 227 1,579 105.27% 597 164.49% 602160 Code Enforcement Equipment 6,000 6,000 434 434 7.23% 105 -313.33% 603105 Equipment Maintenance 1,000 1,000 - - 0.00% - 0.00% 607100 Membership/Dues 600 600 - - 0.00% - 0.00%
607110 Travel/Conference/Meetings 1,000 1,000 - - 0.00% - 0.00% 607115 Training 1,000 1,000 - - 0.00% - 0.00%
608100 Contractual Services - 28,140 28,140 28,140 100.00% 315 8833.33% 608105 Professional Services 6,000 6,000 160 160 2.67% 332 -51.81% 612105 Vehicle Replacement Charge 18,760 18,760 1,563 4,690 25.00% 3,009 55.87% 702100 Office Furniture 1,000 558 - - 0.00% 646 -100.00% 6200 Code Enforcement Total 746,155 773,853 83,538 192,202 24.84% 141,666 35.67% 101 GENERAL FUND TOTAL $ 16,526,500 $ 16,385,545 $ 1,806,160 $ 3,984,429 24.32% $ 3,566,508 11.72% 102 General Fund (Transactions & Use Tax)
2100 Law Enforcement
608160 O.C.S.D. Contract 4,476,000 4,476,000 (477,422) 1,119,000 25.00% 1,111,875 0.64% 2100 Law Enforcement Total 4,476,000 4,476,000 (477,422) 1,119,000 25.00% 1,111,875 0.64% 2200 Fire Protection
608185 O.C.F.A. Contract 1,595,000 1,595,000 - 398,750 25.00% 378,218 5.43% 2200 Fire Protection Total 1,595,000 1,595,000 - 398,750 25.00% 378,218 5.43% 102 TRANSACTIONS AND USE TAX TOTAL $ 6,071,000 $ 6,071,000 $ (477,422) $ 1,517,750 25.00% $ 1,490,093 1.86% TOTAL PUBLIC SAFETY $ 22,597,500 $ 22,456,545 $ 1,328,738 $ 5,502,179 24.50% $ 5,056,601 8.81% * = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description % of Budget
FY 2023/24
Actual*
101 General Fund
3000 Public Works Administration
501110 Salaries-Regular $ 402,810 $ 402,810 $ 29,019 $ 86,709 21.53% $ 82,226 5.45% 501120 Salaries-Part Time 18,150 18,150 128 2,714 14.95% 4,804 -43.51% 502100 Retirement Charges 106,730 106,730 8,575 25,646 24.03% 17,102 49.96% 502105 Workers Comp Insurance 6,505 6,505 513 1,574 24.20% 1,453 8.33% 502110 Health/Life Insurance 63,825 63,825 4,877 12,190 19.10% 10,793 12.94% 502111 Medical In-Lieu Pay 400 400 - - 0.00% 138 -100.00% 502115 Unemployment Insurance 490 490 - - 0.00% - 0.00% 502120 Medicare/FICA 5,695 5,695 406 1,256 22.05% 1,237 1.54% 502125 Leave Disbursals - - - - 0.00% - 0.00%
502130 Other Benefit Charges 245 245 40 121 49.39% 78 55.13% 602110 Office Expense 2,000 2,000 - - 0.00% 73 -100.00% 602115 Postage 200 200 1 14 7.00% 14 0.00%
602120 Books/Periodicals 200 200 - - 0.00% - 0.00%
607100 Membership/Dues 1,750 1,750 - - 0.00% - 0.00%
607110 Travel/Conference/Meetings 2,000 2,000 - 118 5.90% - 100.00% 607115 Training 1,000 1,000 - - 0.00% - 0.00%
612105 Vehicle Replacement Charge - - - - 0.00% 1,505 -100.00% 612115 Liability Insurance Charge 61,240 61,240 711 57,402 93.73% 40,204 42.78% 3000 Public Works Administration Total 673,240 673,240 44,270 187,744 27.89% 159,627 17.61% 3100 Engineering
501110 Salaries-Regular 127,735 127,735 11,701 32,527 25.46% 23,109 40.75% 501115 Salaries-Overtime 1,500 1,500 - - 0.00% - 0.00%
501120 Salaries-Part Time - - - - 0.00% 20,362 -100.00% 502100 Retirement 35,035 35,035 3,342 9,255 26.42% 6,176 49.85% 502105 Workers Comp Insurance 2,080 2,080 206 572 27.50% 726 -21.21% 502110 Health/Life Insurance 17,340 17,340 1,201 2,719 15.68% 2,104 29.23% % Change
From Prior
Year
Public Works-Rangel
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
FY 2024/25
Adopted
Budget
FY 2024/25
* = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description % of Budget
FY 2023/24
Actual*
% Change
From Prior
Year
Public Works-Rangel
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
FY 2024/25
Adopted
Budget
FY 2024/25
3100 Engineering, Continued
502111 Medical In-Lieu Pay - - 116 290 0.00% 57 408.77% 502115 Unemployment Insurance 130 130 - - 0.00% 126 -100.00% 502120 Medicare/FICA 1,840 1,840 171 476 25.87% 629 -24.32% 502130 Other Benefit Charges 35 35 16 44 125.71% 39 12.82% 602130 Clothing 1,000 1,000 16 16 1.60% 911 -98.24%
602140 Materials & Supplies 2,000 2,000 126 126 6.30% - 100.00% 608110 Engineering Services 132,000 115,000 1,260 14,524 12.63% 15,840 -8.31% 608115 Inspection Services 10,000 10,000 - - 0.00% 1,320 -100.00% 608120 Plan Checking Services 18,000 18,000 - - 0.00% 1,068 -100.00% 612105 Vehicle Replacement Charge 14,645 14,645 1,220 3,661 25.00% 1,805 102.83% 3100 Engineering Total 363,340 346,340 19,375 64,210 18.54% 74,272 -13.55% 3200 Public Facilities
501110 Salaries-Regular 57,955 57,955 6,036 17,789 30.69% 14,682 21.16% 501115 Salaries-Overtime 2,000 2,000 652 1,397 69.85% 791 76.61% 502100 Retirement 15,005 15,005 1,676 4,937 32.90% 2,767 78.42% 502105 Workers Comp Insurance 930 930 106 313 33.66% 245 27.76% 502110 Health/Life Insurance 11,765 11,765 837 1,960 16.66% 1,643 19.29% 502111 Medical In-Lieu Pay 420 420 117 292 69.52% 403 -27.54% 502115 Unemployment Insurance 125 125 - - 0.00% 46 -100.00% 502120 Medicare/FICA 825 825 98 281 34.06% 230 22.17%
502130 Other Benefit Charges 30 30 8 24 80.00% 13 84.62% 602110 Office Expense 9,000 9,000 539 539 5.99% 1,562 -65.49% 602130 Clothing 7,900 7,900 - 3,463 43.84% 2,087 -65.93% 602135 Safety Equipment 500 500 249 249 49.80% 141 -76.60% 602140 Materials & Supplies 10,500 10,500 963 2,691 25.63% 713 277.42% 603105 Equipment Maintenance 12,000 12,000 - - 0.00% - 0.00% * = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description % of Budget
FY 2023/24
Actual*
% Change
From Prior
Year
Public Works-Rangel
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
FY 2024/25
Adopted
Budget
FY 2024/25
3200 Public Facilities, Continued
603110 Building Maintenance 140,240 150,249 11,012 34,741 23.12% 18,776 85.03% 604100 Communications 9,000 9,000 66 212 2.36% 877 -75.83% 604105 Utilities 195,000 195,000 27,153 47,540 24.38% 24,440 94.52% 608100 Contractual Services 162,970 166,515 16,645 37,280 22.39% 24,068 54.89% 611110 O.C. Sanitation District User Fee 14,700 14,700 - - 0.00% - 0.00% 612105 Vehicle Replacement Charge 8,800 8,800 733 2,200 25.00% 9,722 -77.37% 3200 Public Facilities Total 659,665 673,219 66,890 155,908 23.16% 103,206 51.06% 3300 Crossing Guard
608175 Crossing Guard Services 48,500 48,500 2,696 6,234 12.85% 4,456 -39.90% 3300 Crossing Guard Total 48,500 48,500 2,696 6,234 12.85% 4,456 -39.90% 3400 Parks Maintenance
501110 Salaries-Regular 99,890 99,890 8,115 22,614 22.64% 22,624 -0.04% 501115 Salaries-Overtime 3,000 3,000 526 743 24.77% 621 19.65% 502100 Retirement 25,760 25,760 2,253 6,265 24.32% 4,274 46.58% 502105 Workers Comp Insurance 1,595 1,595 143 398 24.95% 378 5.29% 502110 Health/Life Insurance 21,510 21,510 1,072 2,409 11.20% 2,627 -8.30% 502111 Medical In-Lieu Pay 210 210 187 467 222.38% 219 113.24% 502115 Unemployment Insurance 215 215 - - 0.00% 80 -100.00% 502120 Medicare/Fica 1,410 1,410 127 343 24.33% 340 0.88% 502130 Other Benefit Charges 55 55 11 31 56.36% 20 55.00% 602100 Special Dept Expense 13,000 13,000 1,695 1,973 15.18% 461 327.98% 603105 Equipment Maintenance 20,000 20,000 531 610 3.05% 985 -38.07% 604105 Utilities 195,000 195,000 17,977 31,043 15.92% 32,342 -4.02% 605100 Land Lease 4,500 4,500 - 3,805 84.56% 4,026 -5.49% 608100 Contractual Services 171,500 318,990 63,582 63,582 19.93% 31,882 -99.43% 612105 Vehicle Replacement Charge 12,800 12,800 1,067 3,200 25.00% 2,408 32.89% * = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description % of Budget
FY 2023/24
Actual*
% Change
From Prior
Year
Public Works-Rangel
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
FY 2024/25
Adopted
Budget
FY 2024/25
3400 Parks Maintenance, Continued
750103 Stanton Central Park Improvements 45,000 45,000 - - 0.00% - 0.00% 3400 Parks Maintenance Total 615,445 762,935 97,286 137,483 18.02% 103,287 33.11% 3500 Street Maintenance
501110 Salaries-Regular 93,760 93,760 5,920 19,734 21.05% 17,136 15.16% 501115 Salaries-Overtime 5,000 5,000 398 634 12.68% 1,075 -41.02% 502100 Retirement 24,265 24,265 1,641 5,473 22.56% 3,217 70.13% 502105 Workers Comp Insurance 1,500 1,500 104 347 23.13% 286 21.33% 502110 Health/Life Insurance 15,235 15,235 587 1,624 10.66% 1,988 -18.31% 502111 Medical In-Lieu Pay 1,260 1,260 187 467 37.06% 439 6.38% 502115 Unemployment Insurance 185 185 - - 0.00% 53 -100.00% 502120 Medicare/FICA 1,335 1,335 94 300 22.47% 270 11.11% 502130 Other Benefit Charges 50 50 8 27 54.00% 15 80.00% 602125 Small Tools 6,000 6,000 - - 0.00% - 0.00%
602140 Materials & Supplies 50,000 50,000 4,658 12,336 24.67% 9,037 36.51% 608100 Contractual Services 200,750 181,910 1,728 26,118 14.36% 44,416 -41.20% 612105 Vehicle Replacement Charge - - - - 0.00% 2,934 -100.00% 710190 Pavement Maintenance 60,000 60,000 - - 0.00% - 0.00% 3500 Street Maintenance Total 459,340 440,500 15,325 67,060 15.22% 80,866 -17.07% 3600 Storm Drain Maintenance
603100 Emergency Maintenance Services 10,000 10,000 - - 0.00% - 0.00% 608155 Storm Water Monitor Program 196,500 196,500 9,607 9,659 4.92% 5,267 83.39% 3600 Storm Drain Maintenance Total 206,500 206,500 9,607 9,659 4.68% 5,267 83.39% 6300 Graffiti Abatement
501110 Salaries-Regular 43,780 43,780 2,303 6,931 15.83% 7,197 -3.70% 501115 Salaries-Overtime 9,000 9,000 587 1,654 18.38% 1,494 10.71% 502100 Retirement Charges 11,315 11,315 635 1,922 16.99% 1,355 41.85% 502105 Workers Comp Insurance 695 695 41 122 17.55% 120 1.67% * = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description % of Budget
FY 2023/24
Actual*
% Change
From Prior
Year
Public Works-Rangel
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
FY 2024/25
Adopted
Budget
FY 2024/25
6300 Graffiti Abatement, Continued
502110 Health/Life Insurance 2,945 2,945 78 256 8.69% 497 -48.49% 502111 Medical In-Lieu Pay 1,890 1,890 175 438 23.17% 396 10.61% 502115 Unemployment Insurance 80 80 - - 0.00% 9 -100.00% 502120 Medicare/FICA 630 630 44 131 20.79% 132 -0.76%
502125 Leave Disbursals - - - - 0.00% - 0.00%
502130 Other Benefit Charges 20 20 3 9 45.00% 6 50.00%
602140 Materials & Supplies 25,000 25,000 2,198 3,771 15.08% 3,324 13.45% 603105 Equipment Maintenance 5,000 5,000 - 1,212 24.24% - 100.00% 612105 Vehicle Replacement Charge 17,200 17,200 1,433 4,300 25.00% 2,784 54.45% 6300 Graffiti Abatement Total 117,555 117,555 7,497 20,746 17.65% 17,314 19.82% TOTAL PUBLIC WORKS $ 3,143,585 $ 3,268,789 $ 262,946 $ 649,044 19.86% $ 548,295 18.37% * = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description
% of
Budget
FY 2023/24
Actual*
101 General Fund
4000 Community Development Administration
501110 Salaries-Regular $ 269,980 $ 269,980 $ 19,132 $ 57,216 21.19% $ 36,895 55.08% 502100 Retirement Charges 72,350 72,350 5,726 17,141 23.69% 7,791 120.01% 502105 Workers Comp Insurance 4,150 4,150 337 1,007 24.27% 616 63.47% 502110 Health/Life Insurance 38,410 38,410 995 2,492 6.49% 2,004 24.35% 502111 Medical In-Lieu Pay - - 407 1,019 0.00% 41 2385.37% 502115 Unemployment Insurance 240 240 - - 0.00% - 0.00% 502120 Medicare/FICA 3,615 3,615 277 829 22.93% 536 54.66% 502130 Other Benefit Charges 60 60 26 78 130.00% 33 136.36% 602110 Office Expense 2,500 2,500 106 3,440 137.60% - 100.00% 602120 Books/Periodicals 1,200 1,200 - - 0.00% - 0.00%
607100 Membership/Dues 1,600 1,600 - - 0.00% - 0.00%
607110 Travel/Conference/Meetings - - - 134 0.00% - 100.00% 607115 Training 1,200 1,200 - - 0.00% - 0.00%
612105 Vehicle Replacement Charge 385 385 32 96 24.94% 261 -63.22% 612115 Liability Insurance Charge 49,800 49,800 578 46,679 93.73% 56,074 -16.75% 4000 Community Development Administration Total 445,490 445,490 27,616 130,131 29.21% 104,251 24.82% 4100 Planning
501110 Salaries-Regular 266,955 266,955 19,402 58,205 21.80% 49,363 17.91% 501115 Salaries-Overtime 1,200 1,200 230 602 50.17% 150 301.33% 501125 Salaries-Appointed 9,000 9,000 554 1,731 19.23% 2,077 -16.66% 502100 Retirement 71,850 71,850 5,401 16,203 22.55% 9,350 73.29% 502105 Workers Comp Insurance 4,370 4,370 341 1,024 23.43% 824 24.27% 502110 Health/Life Insurance 52,795 52,795 2,889 7,187 13.61% 5,899 21.83% 502115 Unemployment Insurance 1,010 1,010 - 47 4.65% - 100.00% Community Development-Landavazo
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
% Change
From Prior
Year
FY 2024/25
Adopted
Budget
FY 2024/25
* = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description
% of
Budget
FY 2023/24
Actual*
Community Development-Landavazo
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
% Change
From Prior
Year
FY 2024/25
Adopted
Budget
FY 2024/25
4100 Planning, Continued
502120 Medicare/FICA 3,965 3,965 295 883 22.27% 746 18.36% 502111 Medical In-Lieu Pay - - 201 502 0.00% 39 1187.18% 502130 Other Benefit Charges 850 850 26 79 9.29% 44 79.55% 602102 Legal Notices 2,000 2,000 726 726 36.30% - 100.00% 602115 Postage 500 500 - 30 6.00% (317) 109.46%
607100 Membership/Dues 1,200 1,200 522 522 43.50% - 100.00% 607110 Travel/Conference/Meetings 8,200 8,200 - - 0.00% - 0.00% 607115 Training 1,050 1,050 - - 0.00% 105 -100.00%
608105 Professional Services 60,000 60,000 - - 0.00% - 0.00% 612105 Vehicle Replacement Charge 1,160 1,160 97 290 25.00% 506 -42.69% 4100 Planning Total 486,105 486,105 30,684 88,031 18.11% 68,786 27.98% 4200 Building Regulation
501110 Salaries-Regular 58,785 58,785 4,504 13,511 22.98% 12,254 10.26% 501115 Salaries-Overtime - - - - 0.00% 42 -100.00%
502100 Retirement 16,090 16,090 1,254 3,761 23.37% 2,321 62.04% 502105 Workers Comp Insurance 980 980 79 238 24.29% 205 16.10% 502110 Health/Life Insurance 1,295 1,295 112 273 21.08% 260 5.00% 502111 Medical In-Lieu Pay 4,200 4,200 350 875 20.83% 875 0.00% 502115 Unemployment Insurance 125 125 - - 0.00% - 0.00% 502120 Medicare/FICA 915 915 70 209 22.84% 191 9.42%
502130 Other Benefit Charges 30 30 6 18 60.00% 11 63.64% 602115 Postage 200 200 6 32 16.00% 62 -48.39%
602120 Books/Periodicals 1,000 1,500 - - 0.00% - 0.00%
607100 Membership/Dues 1,200 1,200 - - 0.00% - 0.00%
607110 Travel/Conference/Meetings 500 500 - - 0.00% - 0.00% * = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description
% of
Budget
FY 2023/24
Actual*
Community Development-Landavazo
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
% Change
From Prior
Year
FY 2024/25
Adopted
Budget
FY 2024/25
4200 Building Regulation, Continued
607115 Training 1,000 500 - - 0.00% 35 -100.00%
608115 Inspection Services 236,420 236,420 - - 0.00% - 0.00% 608120 Plan Checking Services 110,000 110,000 - - 0.00% - 0.00% 611116 Payment to Other Agencies 2,250 2,250 - - 0.00% 319 -100.00% 612105 Vehicle Replacement Charge 385 385 32 96 24.94% 1,505 -93.62% 4200 Building Regulation Total 435,375 435,375 6,413 19,013 4.37% 18,080 5.16% 4400 Economic Development
501110 Salaries-Regular 111,185 111,185 - - 0.00% - 0.00% 502100 Retirement Charges 31,915 31,915 - - 0.00% - 0.00% 502105 Workers Comp Insurance 1,820 1,820 - - 0.00% - 0.00% 502110 Health/Life Insurance 26,545 26,545 - - 0.00% - 0.00% 502115 Unemployment Insurance 125 125 - - 0.00% - 0.00% 502120 Medicare/FICA 1,610 1,610 - - 0.00% - 0.00%
502130 Other Benefit Charges 30 30 - - 0.00% - 0.00%
607100 Membership/Dues 2,000 2,000 - - 0.00% 319 -100.00% 607110 Travel/Conference/Meetings 1,500 1,500 - - 0.00% - 0.00% 607115 Training 1,000 1,000 - - 0.00% - 0.00%
608100 Contractual Services 3,000 3,000 - - 0.00% - 0.00% 609100 Special Events 5,000 5,000 - - 0.00% - 0.00%
612105 Vehicle Replacement Charge 385 385 32 96 24.94% - 100.00% 4400 Economic Development Total 186,115 186,115 32 96 0.05% 319 -69.91% TOTAL COMMUNITY DEVELOPMENT $ 1,553,085 $ 1,553,085 $ 64,745 $ 237,271 15.28% $ 191,436 23.94% * = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description % of Budget
101 General Fund
5000 Public Information Office
501110 Salaries-Regular $ 96,450 $ 96,450 $ 6,705 $ 19,044 19.74% $ 19,442 -2.05% 502100 Retirement Charges 25,490 25,490 1,867 5,301 20.80% 3,683 43.93% 502105 Workers Comp Insurance 1,560 1,560 118 335 21.47% 325 3.08% 502110 Health/Life Insurance 4,075 4,075 371 765 18.77% 698 9.60% 502111 Medical In-Lieu Pay 4,200 4,200 350 875 20.83% 875 0.00% 502115 Unemployment Insurance 160 160 - 126 78.75% - 100.00% 502120 Medicare/FICA 1,440 1,440 102 289 20.07% 295 -2.03% 502130 Other Benefit Charges 40 40 9 (54) -135.00% 18 -400.00% 602100 Special Dept Expense 50,000 65,000 - - 0.00% - 0.00% 602113 Social Media 2,475 2,475 300 581 23.47% 536 8.40% 607100 Membership/Dues 275 275 - - 0.00% 275 -100.00%
608105 Professional Services - 7,750 - 6,000 77.42% 30,000 -80.00% 5000 Public Information Office 186,165 208,915 9,822 33,262 15.92% 56,147 -40.76% 5100 Community Services Administration
501110 Salaries-Regular 386,895 386,895 27,563 82,489 21.32% 74,731 10.38% 501120 Salaries-Part Time 11,215 11,215 179 179 1.60% 3,387 -94.72% 502100 Retirement 108,590 108,590 8,643 25,819 23.78% 16,851 53.22% 502105 Workers Comp Insurance 6,090 6,090 488 1,455 23.89% 1,305 11.49% 502110 Health/Life Insurance 37,630 37,630 2,931 7,329 19.48% 6,278 16.74% 502111 Medical In-Lieu Pay 6,000 6,000 500 1,250 20.83% 1,388 -9.94% 502115 Unemployment Insurance 475 475 - - 0.00% - 0.00% 502120 Medicare/FICA 5,480 5,480 394 1,179 21.51% 1,121 5.17% 502130 Other Benefit Charges 240 240 38 112 46.67% 70 60.00% 602100 Special Dept Expense 12,100 12,100 929 2,442 20.18% 2,423 0.78% 602110 Office Expense 3,185 3,185 646 646 20.28% 367 76.02% 602115 Postage 600 600 2 309 51.50% 3 10200.00%
607100 Membership/Dues 550 550 115 115 20.91% 115 0.00% 607115 Training 6,135 6,135 88 88 1.43% 146 39.73%
603110 Building Maintenance 9,900 9,900 300 675 6.82% 900 -25.00% Community Service - Bobadilla
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
FY 2023/24
Actual*
FY 2024/25
Adopted
Budget
FY 2024/25
% Change
From Prior
Year
* = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description % of Budget
Community Service - Bobadilla
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
FY 2023/24
Actual*
FY 2024/25
Adopted
Budget
FY 2024/25
% Change
From Prior
Year
5100 Community Services Administration, Continued
609100 Special Events 71,600 72,100 1,530 3,622 5.02% 2,586 40.06% 612105 Vehicle Replacement Charge 14,980 14,980 1,248 3,745 25.00% 3,506 6.82% 612115 Liability Insurance Charge 82,670 82,670 960.000 77,489 93.73% 37,267 107.93% 5100 Community Services Administration Total 764,335 764,835 46,554 208,943 27.32% 152,444 37.06% 5200 Community Center Operations
501110 Salaries-Regular 69,305 69,305 5,451 15,896 22.94% 4,943 221.59% 501120 Salaries-Part Time 35,830 35,830 1,923 11,642 32.49% 7,021 65.82% 502100 Retirement 21,410 21,410 1,572 5,080 23.73% 1,212 319.14% 502105 Workers Comp Insurance 1,715 1,715 130 485 28.28% 200 142.50% 502110 Health/Life Insurance 13,390 13,390 1,025 2,551 19.05% 1,677 52.12% 502111 Medical In-Lieu Pay 720 720 138 415 57.64% 277 49.82% 502115 Unemployment Insurance 280 280 - - 0.00% 89 -100.00% 502120 Medicare/FICA 1,515 1,515 106 399 26.34% 177 125.42% 502130 Other Benefit Charges 190 190 10 37 19.47% 11 236.36% 602100 Special Dept Expense 4,500 4,500 477 704 15.64% 360 95.56% 602110 Office Expense 1,000 1,000 112 140 14.00% 66 112.12% 603110 Building Maintenance 2,900 2,900 300 300 10.34% - 100.00% 608105 Professional Services - 111,959 6,843 6,843 6.11% 5,303 29.04% 5200 Community Center Operations 152,755 264,714 18,087 44,492 16.81% 21,336 108.53% 5300 Park Operations
501110 Salaries-Regular 74,855 74,855 5,066 15,199 20.30% 18,137 -16.20% 501115 Salaries-Overtime - - - 254 0.00% 992 -74.40%
501120 Salaries-Part Time 213,430 213,430 14,418 44,006 20.62% 51,732 -14.93% 502100 Retirement 21,155 21,155 1,441 4,324 20.44% 3,436 25.84% 502105 Workers Comp Insurance 4,760 4,760 343 1,042 21.89% 1,167 -10.71% 502110 Health/Life Insurance 28,265 28,265 1,017 2,546 9.01% 2,196 15.94% 502111 Medical In-Lieu Pay 3,950 3,950 138 415 10.51% 1,204 -65.53% 502115 Unemployment Insurance 1,385 1,385 112 348 25.13% 106 228.30% 502120 Medicare/FICA 4,215 4,215 284 868 20.59% 1,045 -16.94% 502130 Other Benefit Charges 1,670 1,670 26 80 4.79% 63 26.98% * = Actual data is reported through September.

ATTACHMENT B

Acct. No. Description % of Budget
Community Service - Bobadilla
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
FY 2023/24
Actual*
FY 2024/25
Adopted
Budget
FY 2024/25
% Change
From Prior
Year
5300 Park Operations , Continued
602100 Special Dept Expense 4,000 4,000 114 204 5.10% 1,111 -81.64% 602110 Office Expense 3,000 3,000 406 406 13.53% 33 1130.30% 5300 Park Operations 360,685 360,685 23,365 69,692 19.32% 81,222 -14.20% 5400 Senior Citizens Programs
501120 Salaries-Part Time 72,505 72,505 5,103 16,248 22.41% 12,390 31.14% 502105 Workers Comp Insurance 1,150 1,150 90 286 24.87% 207 38.16% 502110 Health/Life Insurance 630 630 - - 0.00% - 0.00%
502111 Medical In-Lieu Pay 1,560 1,560 138 415 26.60% 277 49.82% 502115 Unemployment Insurance 330 330 - - 0.00% - 0.00% 502120 Medicare/FICA 1,000 1,000 76 242 24.20% 184 31.52% 502130 Other Benefit Charges 390 390 7 22 5.64% 11 100.00% 609200 Senior Citizen Program 1,200 1,200 (83) 142 11.83% 19 647.37% 5400 Senior Citizens Programs 78,765 78,765 5,331 17,355 22.03% 13,088 32.60% 5500 Recreation Programs
602110 Office Expense 1,200 1,200 430 695 57.92% 291 138.83% 602115 Postage 12,000 12,000 - 4,132 34.43% 3,881 6.47% 602150 Recreation Brochure Mailing 32,000 32,000 7,766 10,706 33.46% 10,028 6.76% 608150 Contractual Recreation Program 69,000 69,000 7,734 13,907 20.16% 28,516 -51.23% 5500 Recreation Programs 114,200 114,200 15,930 29,440 25.78% 42,716 -31.08% 101 TOTAL COMMUNITY SERVICES $ 1,656,905 $ 1,792,114 $ 119,089 $ 403,184 22.50% $ 366,953 9.87% * = Actual data is reported through September.

ATTACHMENT B

Acct. No.

Description
% of Budget
101 General Fund
1600 Non-Departmental
800250 Transfer to FACT Grant $ 113,570 $ 113,570 $ 604 $ 3,076 2.71% $ 6,408 -52.00% 800251 Transfer to Senior Transportation Fund 3,030 3,030 - - 0.00% 69 -100.00% 800280 Transfer to SCP Maintenance Fund 108,775 108,775 9,065 27,194 25.00% 16,194 67.93% 800305 Transfer to Capital Projects Fund 540,000 1,821,520 88,203 88,203 4.84% 4,345 1929.99% TOTAL TRANSFERS OUT $ 765,375 $ 2,046,895 $ 97,872 $ 118,473 5.79% $ 27,016 338.53% Transfers to Other Funds-Bannigan
September 2024 General Fund Expenditures (25% of year)
FY 2024/25
Amended
Budget
Activity
During
September
Year to Date
Actual *
% Change
From Prior
Year
FY 2023/24
Actual*
FY 2024/25
Adopted
Budget
FY 2024/25
* = Actual data is reported through September.

ATTACHMENT B

Fiscal Year Projected
2024/25 Ending
Increase Balance
(Decrease) Adjustments 6/30/2025

GENERAL FUNDS
General Fund (#101)
Unassigned $ 18,774,664 $ 850,785 $ - $ 19,625,449
Reserve - Continuing Appropriations (Carryovers) 40,976 (40,976) - - Reserve - Prepaid Items 43,590 (43,590) - -
Reserve - Economic Uncertainty (1) 6,400,000 - - 6,400,000 Reserve - Emergency Disaster Continuity (1) 3,200,000 - - 3,200,000 Reserve - Capital Improvement (1) 5,000,000 - - 5,000,000 Reserve -Equipment and Maintenance (1) 150,000 - - 150,000 Reserve -Technology Equipment (1) 150,000 - - 150,000
Assigned - General Plan Maintenance Surcharge (2) 60,000 (40,000) - 20,000 Assigned for Special Projects (3) 4,536,995 (4,423,799) - 113,196 Total General Fund 38,356,225 (3,697,580) - 34,658,645
Transaction & Use Tax Fund (#102)
Unassigned 18,835 - - 18,835
Total Transaction & Use Tax Fund 18,835 - - 18,835
TOTAL $ 38,375,060 $ (3,697,580) $ - $ 34,677,480
Notes:
(1) - Per City Council Reserve Policy adopted annually. (2) - This user fee was established to fund the update to the City's General Plan. (3) - Assigned by City Council on June 13, 2023.

City of Stanton

DISCRETIONARY FUND BALANCE

GENERAL FUND
Estimated
Beginning
Balance
7/1/2024 (A)
(A) - The beginning fund balance is subject to change pending the completion of the City's fiscal year end closing process and annual audit.

ATTACHMENT C
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Account
No. Description
FY 2024/25
Adopted
Budget
FY 2024/25
Amended
Budget
Activity During
September
Year to Date
Actual * % of Budget
FY 2023/24
Actual *
% Change
From Prior
Year

REVENUES
435100 Interest $ 100,000 $ 100,000 $ 109,759 $ 109.76% 89,247 109,759 $ 22.98% 435110 Unrealized Gains/Losses - - 55,291 58,594 0.00% 8.65% 53,928 436140 Tina Way/Pacific Ave. Property Rent 620,000 620,000 38,265 131,435 21.20% 159,364 -17.53% TOTAL REVENUES $ 720,000 $ 720,000 $ 203,315 $ 299,788 41.64% 302,539 $ -0.91% EXPENDITURES AND OTHER USES Salaries and Benefits
501110 Salaries-Regular 118,430 121,505 8,481 20.43% 29,938 24,823 -17.09% 501120 Salaries-Part-Time 1,985 1,985 132 321 16.17% 501 -35.93% 502100 Retirement 31,360 31,620 2,500 23.19% 7,334 16.23% 6,310 502105 Workers' Compensation 1,860 1,860 152 443 23.82% 508 -12.80%502110 Health/Life Insurance 14,605 14,605 833 14.19% 2,072 -29.93% 2,957502111 Medical in Lieu 440 440 88 184 41.82% 25 636.00% 502115 Unemployment Insurance 100 100 2 10 10.00% 10 0.00% 502120 Medicare/FICA 1,600 1,640 121 355 21.65% 406 -12.56% 502130 Other Benefits 40 40 12 34 85.00% 27 25.93%
Total-Salaries and Benefits 170,420 173,795 12,321 20.47% 40,682 35,576 -12.55% Maintenance and Operations
602100 Special Dept Expense 500 500 - - 0.00% - 0.00%
602115 Postage 500 500 67 67 13.40% 28 139.29%
602130 Clothing 2,500 2,500 - - 0.00% 224 -100.00%
602140 Materials and Supplies 2,500 2,500 42 42 1.68% -96.82% 1,319604105 Utilities 50,000 50,000 3,978 16.22% 8,112 1.39% 8,001 607100 Membership Dues 4,800 4,800 - - 0.00% - 0.00%
607110 Travel/Conference/Meetings 1,500 1,500 - - 0.00% - 0.00% 607115 Training 2,000 2,000 - - 0.00% - 0.00%608100 Contractual Services 20,000 20,000 1,355 21.89% 4,377 7.68% 4,065 608105 Professional Services 328,950 337,500 31,713 18.46% 79,298 62,301 -21.43% 610130 Tina Pacific Operating Expense (QMG) 243,825 235,275 5,684 10.94% 61,256 25,733 -57.99% 610131 Bad Debt Expense (QMG) 40,000 40,000 5,652 72.19% 28,874 198.96% 9,658 HOUSING AUTHORITY FUND (#285)
September 2024 Revenues and Expenditures (25% of year)
FY 2024/25

ATTACHMENT D

Account
No. Description
FY 2024/25
Adopted
Budget
FY 2024/25
Amended
Budget
Activity During
September
Year to Date
Actual * % of Budget
FY 2023/24
Actual *
% Change
From Prior
Year
HOUSING AUTHORITY FUND (#285)
September 2024 Revenues and Expenditures (25% of year)
FY 2024/25
Maintenance and Operations , Continued
610135 Relocation Assistance 40,000 3,712,309 81,484 491,070 13.23% 11048.01% 4,405 610230 Navigation Center (North SPA) 168,050 168,050 - - 0.00% - 0.00% 611110 O.C. Sanitation User Fee 25,000 25,000 - - 0.00% - 0.00% Total-Maintenance and Operations 930,125 4,602,434 129,975 620,576 13.48% 168,254 268.83% Allocated Charges
612105 Vehicle Replacement Charge 7,025 7,025 585 25.00% 1,756 -42.91% 3,076 612115 Liability Insurance Charge 13,890 13,890 161 93.73% 13,019 77.52% 7,334612140 Information Technology Charge 21,515 21,515 1,793 25.00% 5,379 11.97% 4,804 614205 Admin Overhead 17,600 17,600 1,389 23.18% 4,080 -15.72% 4,841 Total-Allocated Charges 60,030 60,030 3,928 40.37% 20,055 24,234 20.84% Capital Outlay
760100 Demolition/Condemnation 100,000 196,000 99,395 102,790 52.44% - 100.00% Total-Capital Outlay 100,000 196,000 99,395 102,790 52.44% - 100.00% TOTAL EXPENDITURES $ 1,260,575 $ 5,032,259 $ 245,619 $ 783,176 15.56% 228,991 $ 242.01% REVENUES OVER (UNDER) EXPENDITURES $ (4,312,259) (540,575) $ (42,304) $ (483,388) $ 73,54 $ 8 * = Actual data is reported through September.

ATTACHMENT D

2 Housing Authority Fund (Fund 285) - Fund Balance Status Available Fund Balance as of June 30, 2024 (A) $ 9,376,492 Estimated increase (decrease) of fund balance
during Fiscal Year 2024-25 (4,312,259)
Projected Available Fund Balance as of June 30, 2025 $ 5,064,233 Notes:
(A) - The beginning fund balance is subject to change pending the completion of the City's fiscal year end closing process and annual audit.

ATTACHMENT E
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Task Code Description
Adopted
Budget
2024/25
FY 2023/24
Budget
Carryover
Other Budget
Adjustments
Amended Budget
2024/25
YTD
Actual
2024/25 Encumbrances
% Spent
(Includes
Encumbrances)
Remaining
Budget
Street Projects
2022-102 Citywide Street Sign Replacement $ 535,000 $ 133,650 $ - $ 668,650 -$ $ 24,300 3.6% $ 644,350 2023-101 Citywide Street Rehabilitation (FY 2022/23) - 300,000 - 300,000 41,573 203,063 81.5% 55,364 2024-101 Citywide Street Rehabilitation (FY 2023/24) - 1,539,590 - 1,539,590 3,985 - 0.3% 1,535,6052025-101 Citywide Street Rehabilitation (FY 2024/25) 1,690,000 - - 1,690,000 - - 0.0% 1,690,0002025-102 Vision Zero Action Plan 200,000 - - 200,000 - - 0.0% 200,000 2025-103 Fern Street Rehabilitation 145,000 - 50,000 195,000 214 120,478 61.9% 74,308 2025-104 Citywide Concrete Repair 240,000 - - 240,000 87 - 0.0% 239,913 2025-105 Orangewood Complete Streets 850,000 - - 850,000 - - 0.0% 850,000 2025-106 Pavement Management Plan 35,000 - - 35,000 - - 0.0% 35,000 Total Street Projects $ 3,695,000 $ 1,973,240 $ 50,000 $ 5,718,240 $ 45,859 $ 347,841 6.9% 5,324,540 $ Parks Projects 2022-204 Norm Ross Sports Park $ 9,355,020 - $ $ - $ 9,355,020 3,094 $ 375,200 4.0% 8,976,726 $ 2022-206 Premier Park Renovation - 1,108,905 - 1,108,905 599,284 311,563 82.1% 198,058 2022-833 Stanton Park Refresh - 403,930 - 403,930 - 284,770 70.5% 119,160 2023-201 Family Resource Center Improvements (Phase 2) - 281,715 - 281,715 259 267,174 94.9% 14,282 2025-201 Dotson Park Resurfacing Project 220,000 - - 220,000 - - 0.0% 220,000 2025-202 Stanton Central Park Tennis Court Renovation 565,000 - - 565,000 - - 0.0% 565,0002025-804 Capital Improvement Reserve 780,000 - - 780,000 - - 0.0% 780,0002025-805 Westerly End Stanton Park Pedestrian Bridge Repair - - 250,000 250,000 - - 0.0% 250,000 Total Parks Projects $ 1,565,000 $ 11,149,570 $ 250,000 $ 12,964,570 $ 602,637 $ 1,238,707 14.2% 11,123,226 $ Sewer
2022-301 Sewer Master Plan Update $ - $ 187,020 $ - $ 187,020 $ 33,867 $ 149,675 98.1% $ 3,478 2025-301 Annual Sewer Rehabilitation (FY 2024/25) 1,420,000 - - 1,420,000 - - 0.0% 1,420,000 Total Sewer $ 1,420,000 $ 187,020 $ - $ 1,607,020 $ 33,867 $ 149,675 11.4% 1,423,478 $ Facilities
2022-834 City Fire Alarm Upgrade Project $ - $ 27,620 $ - $ 27,620 -$ $ 27,494 99.5% $ 126 2022-839 ADA Transition Plan - 11,665 - 11,665 - 10,965 94.0% 700 2023-603 Stanton Community Center Improvements - 350,325 - 350,325 - 132,288 37.8% 218,037 2025-601 Stanton Community/Senior Center Improvements - 420,000 - 420,000 257 - 0.1% 419,743 2025-602 Public Safety Center Upgrades 1,000,000 - - 1,000,000 - - 0.0% 1,000,000 Total Facilities $ 1,420,000 $ 389,610 $ - $ 1,809,610 $ 257 $ 170,747 9.4% 1,638,606 $

CITY OF STANTON
FY 2024/25

STATUS OF CAPITAL IMPROVEMENT PROJECTS (CIP)
JULY 1, 2024 THROUGH SEPTEMBER 30, 2024

ATTACHMENT F

Task Code Description
Adopted
Budget
2024/25
FY 2023/24
Budget
Carryover
Other Budget
Adjustments
Amended Budget
2024/25
YTD
Actual
2024/25 Encumbrances
% Spent
(Includes
Encumbrances)
Remaining
Budget

CITY OF STANTON
FY 2024/25

STATUS OF CAPITAL IMPROVEMENT PROJECTS (CIP)
JULY 1, 2024 THROUGH SEPTEMBER 30, 2024
Storm Drain
2024-801 Storm Drain Master Plan - $ 388,305 $ - $ $ 388,305 $ 88,203 $ 293,957 98.4% $ 6,145 Total Storm Drain $ - $ 388,305 $ - $ 388,305 $ 88,203 $ 293,957 98.4% $ 6,145 GRAND TOTAL $ 8,100,000 $ 14,087,745 $ 300,000 $ 22,487,745 $ 770,823 $ 2,200,927 13.2% 19,515,995 $ Funding Source
101 General Fund Assigned Fund Balance $ 540,000 $ 1,031,520 $ 250,000 $ 1,821,520 $ 88,203 $ 619,128 38.8% 1,114,189 $ 104 Public Benefit Fees Fund 1,100,000 - - 1,100,000 - - 0.0% 1,100,000105 Beautification Fees Fund 240,000 - - 240,000 - - 0.0% 240,000 211 Gas Tax Fund 115,000 433,650 50,000 598,650 41,660 227,363 44.9% 329,627 215 RMRA Fund 1,045,270 806,285 - 1,851,555 3,985 - 0.2% 1,847,570220 Measure M Turnback Fund 789,730 733,305 - 1,523,035 214 120,478 7.9% 1,402,343 221 CDBG-CV Grant Fund - 350,325 - 350,325 - 132,288 37.8% 218,037 222 CDBG Grant Fund 350,000 - - 350,000 - - 0.0% 350,000227 Other Grants Fund 2,210,000 7,449,435 - 9,659,435 3,094 473,760 4.9% 9,182,581 305 Capital Projects Fund (Reserves) 70,000 - - 70,000 257 - 0.4% 69,743 310 Park In-Lieu Fund 220,000 3,096,205 - 3,316,205 599,543 478,235 32.5% 2,238,427 501 Sewer Maintenance Fund 1,420,000 187,020 - 1,607,020 33,867 149,675 11.4% 1,423,478 GRAND TOTAL $ 8,100,000 $ 14,087,745 $ 300,000 $ 22,487,745 $ 770,823 $ 2,200,927 13.2% 19,515,995 $

ATTACHMENT F

2 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 12, 2024
SUBJECT: DECLARATION OF SURPLUS PROPERTY
REPORT IN BRIEF:

Occasionally equipment purchased by the City has outlived its useful life and needs to be sold or otherwise disposed of. In compliance with the City’s Purchasing Policy and Procedures IV-4-12, staff is required to petition the City Council to declare the property surplus, obsolete, or unusable.

RECOMMENDED ACTION:

1. City Council declare that this action is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b)(2) – continuing administrative or maintenance activities, such as purchase for supplies, personnel-related actions, general policy and procedure making; and

2. Declare the equipment listed on Attachment A as surplus; and

3. Directs staff to sell or salvage equipment according to the Administrative Policy IV-4- 12: Purchasing Policy and Procedures.

BACKGROUND:

The City has various items that are currently obsolete and unusable. These items are no longer utilized by the City and are currently being stored at Stanton City Hall.

ANALYSIS/JUSTIFICATION:

The attached list of obsolete equipment is no longer in use and/or useful in the routine operations of the City due to the lack of critical technological components and functionality.

It is recommended that these items be declared as surplus and sent to an auction company to obtain a financial return for these obsolete items.

Item: 6G
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FISCAL IMPACT:

Funds received from the sale or salvage of obsolete City Council chambers audio / visual equipment listed within Attachment A would be deposited and then recorded as revenue into account number 101.0000.437145.

ENVIRONMENTAL IMPACT:

In accordance with the requirements of CEQA, finds that this project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b)(2) – continuing administrative or maintenance activities, such as purchase for supplies, personnel-related actions, general policy and procedure making.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Public notification provided through the regular agenda process.

STRATEGIC PLAN OBJECTIVES:

Obj. No. 4: Ensure fiscal stability and efficiency in governance.

Obj. No. 6: Maintain and promote a responsive, high quality and transparent government.

Prepared by: Patricia A. Vazquez, City Clerk
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. Surplus Property List
B. Purchasing Policy and Procedures IV-4-12
Attachment A
Surplus Property List

QUANTITY MAKE MODEL MODEL NUMBER
1 Symetrix Stero Compressor / Limiter SX208
1 Rane Graphic Equalizer FME 15
1 TOA 1000 Series Automatic Microphone Mixer AX-1000A
1 TOA 1000 Series Automatic Microphone Mixer AX-1000A
1 TOA 900 Series II Amplifier P-9 / 2MK2
1 Sony Transcriber (VSC) BM-147
1 Sony Confer-Corder BM-246
1 3M Overhead Projector 9100 AJBW
Attachment: A
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CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
Purpose:

This policy strives to define decision making with prudent review and internal control procedures and to maintain departmental responsibility and flexibility in evaluating, selecting, and purchasing supplies, equipment, and services in order to provide a process to procure goods and services efficiently and at the lowest cost commensurate with the quantity and quality needed. It also provides monetary limits and clearly defines authority for all facets of purchasing, including the use of credit cards, by City employees. The policy contained herein was developed under the authority of Chapter

2.56 of the Stanton Municipal Code.

The City Manager is designated as the Purchasing Officer for the City and may delegate the administration of the program. The Purchasing Officer/Designee is charged with the responsibility and authority for coordinating and managing the procurement of the City’s supplies, services, and equipment according to this policy.

The policy outlined herein is to be adhered to by the Purchasing Officer/Designee and all City Departments when procuring supplies, services, and equipment.

Duties Assigned:

A. PURCHASING OFFICER/DESIGNEE: Pursuant to Stanton Municipal Code

2.56.020, the City of Stanton City Manager shall be responsible to exercise or delegate the responsibilities of Purchasing Officer. The Purchasing Officer or designee shall issue purchase orders, keep record of all purchase orders, disburse or cause to be disbursed payments for such purchase orders, and oversee the operations of the purchasing function in such a manner as to effectively execute procurement and property acquisition. In addition the Purchasing Officer or designee shall comply with all disposition policies as may be established by the City Council or City Manager.

The Purchasing Officer/Designee is responsible for 1) the procurement of general supplies, services, and equipment; 2) the administration of the purchasing policy; and 3) the management of surplus City property.

Attachment: B
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CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
To perform these functions efficiently, and assist departments, the Purchasing Officer/Designee shall:

1. Be charged with the responsibility and authority for coordinating and managing the procurement of the City’s general supplies, services, and equipment from the lowest responsive and responsible bidder when required by law or by this policy.

2. Ensure full and open competition on all purchases as required by this policy.

3. Identify, evaluate, and utilize purchasing methods which best meet the needs of the City (i.e. cooperative purchases, blanket purchase orders, contractual agreements, etc.).

4. Assist all departments with research and recommendations in developing specifications; review specifications for completeness of information to ensure specifications are not unnecessarily restrictive.

5. Coordinate vendor relations, locate sources of supply, and evaluate vendor performance.

6. Certify that all vendors being utilized have a current City business license, and also current W-9 information if applicable, on file with the Administrative Services Department. Exemptions may be granted by the City Manager.

7. Recommend revisions to purchasing procedures when necessary and keep informed of current developments in the field of public purchasing.

8. Prescribe and maintain all forms and records necessary for the efficient operation of the purchasing function.

9. Be charged with the responsibility and authority for coordinating and managing the City's Property and Inventory Control Program.

10. Make purchase award recommendations to the appropriate authority.

11. Act as the City’s agent in the transfer and disposal of surplus equipment and materials with approval by the Administrative Services Director and City Manager.

12. Assist all departments in applying the City’s Local Business Preference Program.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
B. DUTIES DELEGATED: The City Manager may delegate purchasing responsibility, when determined appropriate to any Department Head of the City.

Authorization Required:

1. ALL PURCHASES, ALL SERVICES, AND ALL CONTRACTS, WITH THE EXCEPTION OF PUBLIC WORKS PROJECTS, shall require authorization as follows:
$20,000 or more: Shall be submitted to the City Council for approval. No purchase, service, or contract shall be split into parts by any concerned party so as to produce amounts artificially lower than the total purchase price.

2. PURCHASE ORDERS shall require authorization and signatures as follows:

AMOUNT AUTHORIZATION / SIGNATURES REQUIRED
All Purchase Orders Purchasing Officer/Designee, City Administrative Services Director, City Manager or their
representative
The Purchasing Officer /Designee signs as the initiator of the purchase order. The City Manager’s or his or her representative’s signature is required for approval of the purchase. The City Administrative Services Director’s, or his or her representative’s signature, shall signify that there are sufficient unencumbered funds in the department’s appropriated budget for the purchase.

PURCHASE ORDER ROUTING: A copy of all purchase orders issued shall be given to the vendor at the time the purchase is made. No purchase shall be made without providing the vendor a copy of the purchase order. The requesting Department Head shall also retain a copy of the purchase order.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services

3. PAYABLE VOUCHERS shall require authorization and signatures as follows:

AMOUNT AUTHORIZATION / SIGNATURES REQUIRED
All Payable Vouchers Initiating Department Head or his/her representative $500 or more City Manager
No purchase shall be split into parts by any concerned party so as to produce amounts artificially lower than the total purchase price.

4. CREDIT CARD PURCHASES shall require authorization and signatures as follows:

AMOUNT AUTHORIZATION / SIGNATURES

REQUIRED
All Credit Card Purchases Initiating Department Head or his/her representative, and the City
Administrative Services Director
$500 or more City Manager
The Initiating Department Head or his/her representative signs as the initiator of the credit card payable voucher. The City Manager’s or his or her representative’s signature is required for approval of the purchase. The City Administrative Services Director’s, or his or her representative’s signature, shall signify that there are sufficient unencumbered funds in the department’s appropriated budget for the purchase and also verifies that the credit card purchase adheres to the Credit Card Usage Policy. No purchase shall be split into parts by any concerned party so as to produce amounts artificially lower than the total purchase price.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services

5. CONTRACTS shall require authorization and/or signatures as follows:

AMOUNT AUTHORIZATION / SIGNATURES REQUIRED
All Contracts City Manager’s, City Attorney, and the City Clerk $20,000 or more Shall be submitted to the City Council for approval.

No contract shall be split into parts by any concerned party so as to produce amounts artificially lower than the total purchase price.

Purchase Orders Required:

A. A Purchase Order is Required:

1. A purchase order shall be used whenever goods and limited services are to be acquired by an outright purchase that is $3,000 or more. No purchase shall be split into parts by any concerned party so as to produce amounts artificially lower than the total purchase price.

2. A purchase order shall be used for any projects or purchases that are under $3,000 whenever the provider of goods requests that a purchase order be issued.

3. All services shall require a purchase order or professional services agreement due to insurance requirements.

4. A purchase order(s) shall be issued to encumber all purchases and services associated with a Capital Improvement Project that is approved by City Council.

B. The initiating department will be responsible for requesting the purchase order.

The purchase order shall specify the nature of the goods or services to be acquired, the purchase price or estimate thereof, freight charges, prompt payment discounts, the delivery date, the vendor from whom acquired, the department and division for whom the acquisition is being made, the budgetary department and general ledger number where the funding for the proposed purchase has been appropriated, and such other provisions or information as may be appropriate or required. The purchase order shall incorporate by reference all the terms, conditions, and specifications if any, contained in the related request for bids.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
It is the policy of the City that payment for goods or services shall not be made until the goods or services have been delivered. The only exceptions to this policy will be where the payment schedule in a duly authorized contract specifies otherwise, or if online purchases are required to be made by credit card according to guidelines included in this policy, or where specifically authorized by the City Council, City Manager or City Administrative Services Director.

C. Notwithstanding the above conditions, a purchase order shall not be required for purchases of less than $3,000. Such purchases shall be by way of demand for payment voucher as shall be established by the City Administrative Services Director in accordance with accepted accounting standards.

D. Notwithstanding the above conditions, a purchase order shall not be required for the purchase and payment of routine, consistent expenses, such as, but not limited to:
payroll taxes and related expenses, payments on previously approved leases, contract services, utility bills, or similar expenses. Such purchases shall be by way of demand for payment voucher as shall be established by the City Administrative Services Director in accordance with accepted accounting standards.

The demand for payment voucher form will be filled out and signed by the employee assigned the responsibility for these routine expenses and shall be countersigned by the responsible Department Head. The completed demand for payment voucher will then be given to the City Accounts Payable Division of the Administrative Services Department for processing and payment.

Competitive Bid:

All purchases and contracts, whether by sealed bid, quotation, or negotiation, shall be made on a competitive basis to the maximum practical extent except as permitted for Public Projects defined below under the California Uniform Public Construction Cost Accounting Act Provisions.

A. AMOUNTS IN EXCESS OR EQUAL TO $20,000:

1. Except as otherwise provided by ordinance or within this policy and the California Uniform Public Construction Cost Accounting Act Provisions, all purchase orders and other contracts of every kind, involving amounts in excess

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
of $20,000 for personal services, or for the purchase, lease, rental, or sale of personal property, materials, equipment, or supplies, shall be let by formal competitive bidding procedure, after public advertising, to the lowest and/or verifiable most qualified bidder. The Purchasing Officer/Designee shall send out all bids and notices of bids requested based on the information provided by the Department Heads and shall keep a list of the date the bids were mailed and a list of the vendors to whom the bids were mailed. The City Clerk shall receive all bids and keep a list of the time they were received. Whenever practical the bid opening shall be made in the presence of the Department Head and the City Clerk.

2. The request for bids under the Competitive Bid Procedure shall, at a minimum, be posted at City Hall and shall be posted as required by ordinance or published at least once in a newspaper of general circulation if one exists in the City and if applicable, in appropriate trade publications. The date of posting or publication shall be at least ten (10) days before the date of opening of the bids, or the final date for accepting bids. All formal bids shall be sealed and shall be publicly opened and read at the date, time, and place indicated in the published notice.

Specification packages should be made available to interested bidders. The using or requesting Department Head shall determine if a security deposit is necessary. This should be part of the request made to the City Council before initiating the bid process. The requesting Department Head shall also determine if a payment is necessary for a prospective bidder to acquire a specifications package. The use of a bidders’ list shall also be determined by the Requesting Department Head.

3. Bids received at the end of the process shall be reviewed for compliance with specifications by the using or requesting City Department. All deviations from the specifications shall be fully documented by the requesting City Department and the impact of the deviations on the performance or suitability of the bid item shall be detailed. Depending on the findings of the requesting City Department with regard to the deviations, the bid may be rejected (must be in writing), or a recommendation may be made to the City Council. Various recommendations may be made depending on the outcome of the bids, including selecting a vendor, rejecting all the bids, or deciding to modify the bids and re-advertise.

4. No purchase shall be split into parts by any concerned party so as to produce amounts artificially lower than the total purchase price.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
B. AMOUNTS LESS THAN $20,000 BUT IN EXCESS OR EQUAL TO $3,000:

1. All purchase orders and contracts in amount less than $20,000 but in excess or equal to $3,000 shall be let in the open market by obtaining at least three bids wherever possible. The requesting Department shall obtain three verbal or written competitive quotations whenever possible for purchases and keep a record of who was contacted and the price that was quoted. Getting more quotations is encouraged. In the event that three quotes cannot be obtained documentation of the process should indicate why less than three were obtained and should be placed on file with the quotes that were obtained. The Purchasing Officer/Designee may be requested to assist in this process.

2. Documentation requesting quotes under the Open Market Procedure may be posted at City Hall, placed in trade magazines or the newspaper, posted on the City’s official web site, mailed, faxed, or sent by electronic mail (e-mail) to prospective vendors. Adequate time should be allotted to permit a response; typically a minimum of ten calendar days before the due date but less may be acceptable if necessary. In any event the quote deadline should be noted.

Quotes may also be solicited over the phone through a verbal quote; provided that they are documented by the requesting department. Quotes under the Open Market Procedure may also be obtained from consulting current catalogues; internet sites, or advertising flyers.

3. The Requesting Department shall submit a memo, which includes the recommended vendor, with all supporting documentation to the City Manager or Designee. Supporting documentation shall include competitive price quotes obtained, names of vendors contacted, description of the items required, and certificates of insurance as applicable. The City Manager or Designee shall review the recommendation and supporting documentation and may contact additional sources for quotations. The City Manager or Designee may award the purchase to the lowest responsive and responsible vendor whose quote fulfills the intended purpose, quality, and delivery needs of the solicitation, provided that an unencumbered appropriation for that item exists. In lieu of awarding the purchase, the City Manager or Designee may reject quotes or may negotiate further to obtain terms more acceptable to the City. The City Manager or Designee may also determine that the interest of the City is best served to require the Formal Contract Procedures for purchases within this range.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services

4. No purchase shall be split into parts by any concerned party so as to produce artificial amounts lower than the total purchase price.

C. PURCHASES LESS THAN $ 3,000: These purchases may be obtained by using purchase orders issued by the City Administrative Services Director to obtain supplies and services which have been approved by the Department Head.

1. The employee making the purchase shall verify that he/she obtained the supplies or services in good condition.

2. Written competitive bids are not required, but the Department Head or her/his designee is encouraged to obtain competitive quotations. For purchases of less than $3,000, the authority to award a purchase contract is the Department Head's. Prudent judgment shall be used at all times.

3. Although purchases of less than three thousand dollars are exempt from many procedures required for higher cost items, every effort to utilize a local business shall be exercised.

D. LOCAL BUSINESS PREFERENCE: In evaluating competitive bids or quotes, any local vendor/bidder, having a valid City Business License and fixed business location within the incorporated City Limits, may receive a one percent (1%) preference off of their bid or quote. This preference shall be applied only when a non-local vendor/bidder has first been determined to be the lowest responsible vendor/bidder but a local vendor/bidder may equal or improve upon the bid if the preference is applied. If upon applying this preference should the local vendor/bidder equal the lowest responsible vendor/bidder, or become the lowest responsible vendor/bidder, the City may select this vendor/bidder even though the actual cost to the City would not be the lowest. In the event that a local and a non local bidder /vendor have the same bid or quote and it is the lowest responsible bid or quote the one percent (1%) preference need not be applied. In this case the local business shall be selected to receive the purchase award. The local business must still demonstrate that it is a responsible vendor/bidder before being selected for the purchase award. This shall apply to purchases under the Open Market and Formal Contract as well as professional services or consultant agreements.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
The Local Business Preference may not apply and may be dispensed with when prohibited by State or Federal Statutes, or regulations requiring that a bid or quote be awarded to the lowest responsible bidder or vendor, or as otherwise exempted from local preferences. The local business preference shall not apply to purchases that are less than $5,000. However, a Department making a purchase under the $5,000 limit shall make every attempt possible to purchase through local businesses. Under no circumstances shall the Local Business Preference, granted in a single bid or quote, exceed five thousand dollars ($5,000) cap. The Local Business Preference will not apply when bids or quotes are done with other public agencies through cooperative purchases.

E. VENDORS OF GASOLINE AND DIESEL FUEL:

1. The City Council recognizes and finds that wholesale vendors of gasoline and diesel fuel are generally unable to quote prices on fuel that are valid for more than one day.

2. As a result of this finding, and in order to obtain needed supplies at the most competitive daily price, price quotes may be obtained by telephone, and an order may be placed providing the purchase procedure set out in Section 3, paragraph C, above, have been followed.

F. RUNNING/BLANKET PURCHASE ORDERS: Purchase orders which allow spending for multiple purchases of the same type from one or more vendors without obtaining current bids or price quotations shall not be allowed except in the following cases:

1. There is only one qualified supplier;

2. The supplier has received the bid award amount approved for purchase by the City.

3. The purchases are for items that are “consumable” supplies or small repair parts for the Public Works Department, when: 1) the departmental budget has an original appropriation for such items; and, 2) the “running or blanket” purchase order has been approved for purchase by the City Manager who shall certify by that approval that such “running” purchasing procedure is in the best interest of

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
the City. Running purchase orders issued under the authority of this section will be issued in accordance with procedures established by the City Administrative Services Director with the approval of the City Manager.

G. CONFLICT OF INTEREST: Any officer of the City or any department thereof who shall aid or assist a bidder or vendor in securing a contract to furnish supplies, materials, equipment, or contractual services at a higher price than that proposed by any other bidder/vendor, or who shall favor one bidder/vendor over another by giving or withholding information, or who shall willfully mislead any bidder/vendor in regard to the character of the materials or supplies called for, or who shall knowingly accept commodities of a quality inferior to those called for by the contract, or who shall knowingly certify to a greater amount of labor performed than has actually been performed, or to the receipt of a greater amount or different kind of materials or supplies than have actually been received, shall be deemed guilty of malfeasance and the City Manager shall have the authority pursuant to the City of Stanton’s Personnel System Rules and Regulations to take appropriate disciplinary action. Such actions may also result in criminal prosecution.

If at any time it shall be found that the person to whom a contract has been awarded has in presenting any bid(s) or quote(s), colluded with any other party or parties for the purpose of preventing any other bid or quote being made, then the contract so awarded shall be null and void.

It is the intent that this purchasing policy, all procedures and processes discussed herein, and each transaction entered into pursuant to Chapter 2.56 of the Stanton Municipal Code shall be made in accordance with the City's Conflict of Interest Code and all other Federal, State, and local laws.

H. UNAUTHORIZED PURCHASES
Except for urgencies or other authorized exemptions stated in these guidelines, no purchase of supplies, services, or equipment shall be made without authorization as described within this policy or in Chapter 2.56 of the Stanton Municipal Code. Under no circumstances shall a purchase be considered approved or final until approved by the City Council or City Manager as required by the appropriate purchasing classification.

No representative of the City shall enter into a verbal agreement or make any arrangements until the final approval is granted.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
In the event that an unauthorized purchase is made the following may apply:

1. Such purchases are void and not considered an obligation of the City.

2. Invoices without an authorization may be returned to the vendor unpaid.

3. The person ordering the unauthorized purchase may be held personally liable for the costs of the purchase or contract.

Purchase Orders and Contracts Not Requiring Bids:

A. SOLE SOURCE: The restriction contained in this policy requiring bids, shall not apply in cases where purchases or contracts are for items which may only be purchased from a single or sole source manufacturer or distributor and no reasonable similar alternative exists.

B. CONTRACTS NOT SUITED TO COMPETITIVE BIDDING. Contracts which by their nature are not suited to award by competitive bidding shall not be subject to the competitive bidding requirements of this policy. These contracts include:

1. Contracts for items that may only be purchased from a single or sole source or provider.

2. Contracts for additions to and repairs and maintenance of equipment owned by the City which may be more efficiently added to, repaired or maintained by a particular person or firm.

3. Contracts for equipment which, by reason of the training of City personnel or the inventory of replacement parts maintained by the City, is more compatible with the existing equipment owned by the City.

C. UTILITIES PURCHASE: Utility services such as water, electric power, natural gas, telephone and telegraph, except when alternative supplies or services are available.

D. COURT FEES: Witness and jury fees and other payments as may be ordered by the court.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
E. MEDICINES OR MEDICAL SUPPLIES OR SERVICES: Medicines or medical supplies or services which are not generic in nature and which would not be available from other sources through competitive bid or negotiation.

F. EMERGENCY CONDITION: When a public emergency will not tolerate a delay for advertising or the solicitation of bids due to the urgency of the incident, and it is determined by the City Manager or the City Council that the situation meets the definition of an emergency situation which creates a threat to public health, welfare, or safety such as, may arise by reason of flood, epidemics, riots, equipment failures, infrastructure failures, earthquakes, or such other reason as may be declared an emergency by the City Manager or City Council formal bidding may be dispensed with.

The existence of such condition must create an immediate need for materials, services, or construction that cannot be met through normal procurement methods, and the lack of which would seriously threaten the function of City Government, the preservation or protection of public or private property, or the health or safety of any person, and the following will apply:

1. Purchases under this paragraph shall be based on a need that is compelling and of unusual urgency, such as when the City would be seriously injured financially or otherwise if the personal property or services were not furnished by a certain time, and when they could not be procured by that time by means of advertising, bidding and or solicitations of quotations as previously provided.

2. Emergency procurement shall be limited to those supplies, services, or construction necessary to meet the emergency whenever practical; approval by the City Council shall be obtained.

3. The department for whom the emergency purchases are made shall, as soon as practical, file a written report with the City Manager, which shall contain the following information:
a. The conditions which created the emergency and a description of the threat to the health, welfare or safety of the public pursuant to finding that an emergency exists;
b. The basis for the selection of the particular contractor or supplier and a description of what efforts were utilized to identify and contact alternative suppliers or contractors;

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
c. The contractor’s or supplier’s name and address, along with a list of the supplies, materials, services or construction procured under the contract.
d. Completed and signed purchase orders with attached invoices requesting payment for the emergency purchases.

4. The City Manager shall review the report submitted and, if appropriate, shall declare the condition an emergency and shall approve the report and requisitions and authorize the payment of the emergency purchases. a. The City Manager is empowered to declare a state of emergency when, in her/his opinion, such condition(s), as set out above exist(s), and, when the amount to be expended to meet such emergency does not exceed $25,000 unless it is in the case of a regional disaster. b. Where the City Manager finds and declares an emergency, under paragraph 4a, above, the City Manager, in conjunction with the department for whom the emergency purchases are made, shall, as soon as practical, file a written report with the Mayor and City Council which shall contain the following information:
(1) The conditions which created the emergency and a description of the threat to the health, welfare or safety of the public pursuant to finding that an emergency exists;
(2) The basis for the selection of the particular contractor or supplier and a description of what efforts were utilized to identify and contact alternative suppliers or contractors;
(3) The contractor’s or supplier’s name and address, along with a list of the supplies, materials, services or construction procured under the contract.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
(4) Completed signed purchase orders with attached invoices requesting payment for the emergency purchases.

The City Council shall review the report submitted, and if appropriate, shall ratify the City Manager’s declaration of the condition an emergency, and shall approve the report and requisitions and authorize the payment of the emergency purchases.

G. STATE PROCUREMENT CONTRACTS:

1. Purchases, which are made from vendors who are under State of California Procurement contract, and when the price is that price (or a lower price than that) established by the contract awarded by the State after competitive bidding pursuant to the California Procurement Code.

2. Purchases which are made from vendors who, within the past sixty (60) days, have been under State of California procurement contract, and when the price offered is the price established by the former contract awarded by the State after competitive bidding pursuant to the California Procurement Code or less.

H. GOVERNMENT GOODS AND SERVICES: For goods and services made available by any federal, state or local unit of government, or association of government, when those goods or services were acquired in compliance with the provisions of this resolution.

I. FRINGE BENENFITS: Purchases of services or benefits that are part of any personnel fringe benefit agreements that are authorized by the City Council may be negotiated between the City and the service or benefit vendor.

J. CITY OWNED CONCESSION OR RECREATION FACILITY: Notwithstanding the provisions of Section 9, below, purchases or contracts for supplies, materials or inventory to be used for resale at any City-owned and or operated concession or recreation facility.

K. PUBLIC AUCTION AND OTHER SIMILAR CIRCUMSTANCES: Supplies, materials or equipment which can be purchased at any public auction, closeout sale, bankruptcy sale or other similar sale, and it is found that a purchase at any such auction or sale may be made at a cost below the market cost in the community.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
L. EXCHANGE OF SUPPLIES, MATERIAL, OR EQUIPMENT: Exchanges of supplies, material or equipment between the City and any other entity, which are not by sale or auction.

M. CALIFORNIA CORRECTIONAL INDUSTRIES DIVISION: Supplies, material or equipment produced by the California Correctional Industries Division.

N. CERTAIN PURCHASES: Certain purchases are not readily adaptable to the open market and formal bidding process. These purchases are generally for items where the competitive bid process or obtaining quotes is not applicable or where a check is required to accompany the order. Following is a list of allowable exemptions:
• Advertisements and Notices
• Courier/Delivery/Messenger
• Dept. Purchases under $3,000
• Emergency Fuel Purchases
• Insurance Claims and Premiums
• Medical Payments (Physicians, lab)
• Membership Dues
• Payments to Other Governmental Units
• Petty Cash Replenishment
• Property Rentals
• Real Property/Easement Acquisition
• Subscriptions
• Trade Circulars or Books
• Travel Expense/Advances
California Public Projects Contracts Code Uniform Cost Accounting Provisions for Advertisement, Rejection and Extension of Bids:

A. PUBLIC PROJECTS—DEFINITIONS.

1. General. Contracts for public projects as defined in the California Public Contracts Code shall be in writing and awarded by the City Council to the lowest responsible and responsive bidder, except as otherwise provided herein.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services

2. “Public project” is generally defined as:
• Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.
• Painting or repainting of any publicly owned, leased, or operated facility. • In the case of a publicly owned utility system, “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.

3. “Public project” does not include maintenance work. For purposes of this section, “maintenance work” is generally defined as:
• Routine, recurring, and usual work for the preservation or protection of any City owned or publicly operated facility for its intended purposes. • Minor repainting.
• Resurfacing of streets and highways at less than one inch. • Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.
• Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.

4. “Facility” is generally defined as any plant, building, structure, ground facility, utility system, real property, streets and highways, or other public work improvement.

B. INFORMAL BID PROCEDURES – PUBLIC PROJECTS SUBJECT TO THE

CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT

1. A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services

2. A notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Public Contracts Code Section 22034, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified when soliciting bids; provided however:

3. If there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the California Uniform Construction Cost Accounting Commission.

4. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

C. FORMAL BID PROCEDURES FOR PUBLIC PROJECTS SUBJECT TO THE CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT;

NOTICE INVITING BIDS

1. The City Council shall authorize issuance of notices inviting formal bids which shall include a general description of the public project to be constructed, shall state where bid forms and specifications may be secured, and the time and place for opening bids.

2. Notices inviting bids published and posted at least fourteen calendar days before the date of opening the bids in a newspaper of general circulation in Orange County as provided for in California Public Contracts Code Section 22037. Also, it shall be posted in at least one location in the City at either City Hall or the Library.

3. The City Council may require a bid to include prices for items that may be added to, or deducted from, the scope of work in the contract for which the bid is being submitted. Whenever additive or deductive items are included in a bid, the bid solicitation shall specify which one of the following methods will be used to determine the lowest bid. In the absence of a specification, only the method provided by subdivision a. will be used.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
a. The lowest bid shall be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items. b. The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price.
c. The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that when taken in order from a specifically identified list of those items in the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the City before the first bid is opened.
d. The lowest bid shall be determined in a manner that prevents any information that would identify any of the bidders or proposed subcontractors or suppliers from being revealed to the public entity before the ranking of all bidders from lowest to highest has been determined.

4. A responsible bidder who submitted the lowest bid as determined by this section shall be awarded the contract, if it is awarded. This section does not preclude the City from adding to or deducting from the contract any of the additive or deductive items after the lowest responsible bidder has been determined.

5. Nothing in this section shall preclude the prequalification of general contractors or subcontractors.

6. The City Council shall also solicit sealed bids from all responsible prospective bidders whose names are on the bidders' list or who have made written request that their names be added thereto.

7. The City Council shall also advertise bids by a notice posted at a publicly accessible location at City offices. Such posting places can include, but shall not be limited to, electronically accessible locations such as the City’s web site or by other means that reasonably allow prospective bidders to be notified of pending purchases.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
D. BIDDER’S SECURITY – PUBLIC PROJECTS
When deemed necessary, bidder's security may be prescribed in the formal or informal notices inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within ten days after the notice of award of contract. The City Council may, at its option, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible and responsive bidder, and if the City Council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the contract price differential between the lowest bid and the second lowest bid, subtracting actual administrative costs, and any surplus, if any, shall be returned to the defaulted bidder.

E. BID OPENING PROCEDURE – PUBLIC PROJECTS
Sealed bids shall be submitted to the City and shall be identified as "bids" on the envelope. Bids shall be opened in public at the time and place stated in the bid notices by the City Clerk, Purchasing Authority, or their authorized representatives. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty calendar days after the bid opening.

F. TIE BIDS – PUBLIC PROJECTS
If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay for readvertising for bids, the City Council may, in its discretion, accept the bid it chooses or accept the lowest bid made by and after negotiations with the tie bidders.

G. WAIVER OF IRREGULARITY, REJECTION OF BIDS; FAILURE TO RECEIVE BIDS; OPTIONS ON PUBLIC PROJECTS

1. At its discretion, the City Council may waive any irregularity in any bid received and award the contract

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services

2. At its discretion, the City Council may reject all bids presented. If the City Council, prior to rejecting all bids, declares that the project can be more economically performed by City employees and furnishes a written notice to an apparent low bidder mailed at least two (2) business days prior to the public meeting at which the City intends to reject the bid, the City Council may:
a. Abandon the project or readvertise for bids.
b. By a four-fifths vote declare by resolution that the project can be performed more economically by City employees, and order the project done by force account.
c. If no bids are received, the project may be performed by the City employees by force account or by negotiated contract entered into without need for further bidding.

H. PERFORMANCE BONDS – PUBLIC PROJECTS
The City Council shall have authority to require a performance bond before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the City. If the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

I. LOWEST RESPONSIBLE BIDDER DETERMINATION – PUBLIC PROJECTS In determining the "lowest responsible bidder," the following factors may be considered in addition to price:

1. The ability, capacity and skill of the bidder to perform the contract or provide the service required;

2. The character, integrity, reputation, judgment, experience and efficiency demonstrated in previous contracts or services for the City or other contracting parties;

3. The quality of performance demonstrated in previous contracts or services for the City or other contracting parties;

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services

4. The previous and existing compliance by the bidder with the laws and ordinances relating to a contract or service;

5. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services;

6. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.

J. CHANGE ORDERS TO PUBLIC PROJECTS
The City Manager is delegated authority to approve, without seeking new bids, contract change orders to public projects up to the combined amounts funded for construction or purchase and for contingency as established in the project authorization.

Non Public Projects Contracts Provisions for Advertisement, Rejection and Extension of Bids:

A. ADVERTISEMENT OF BID:

1. The Department Head shall provide the City Clerk with an appropriate advertisement or description of the item to be advertised so that the City Clerk may formulate a bid advertisement. The City Clerk shall then, with the concurrence of the City Manager, place the advertisement in a newspaper of general circulation within Orange County. Also it will be posted in at least one location in the City at either City Hall or the Library.

2. Contracts shall be awarded by competitive sealed bidding, except as otherwise provided herein.

3. An invitation for bids shall be issued when a contract is to be awarded by competitive sealed bidding. The invitation shall include a purchase description and all contractual terms and conditions applicable to the procurement.

4. Public notice of the invitation for bids shall be given a reasonable time prior to the date set forth therein for the opening of bids. The notice may include publication in a newspaper of general circulation within the City or County a reasonable time prior to bid opening.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
“Reasonable Time” for purposes of this part, means that a notice of an invitation for bids shall, prior to the acceptance of a bid, be published at least six days before bid opening in one or more newspapers of general circulation within the City.

5. Bids shall be opened publicly at City Hall, or other place designated in the invitation for bids if use of the City Hall is not available or impracticable at the time of the bid opening, in the presence of one or more witnesses, including whenever practicable the City Clerk, City Administrative Services Director, and the appropriate Department Head at the time designated in the invitation.

6. The amount of each bid and any other relevant information specified in the bid notice, together with the name of each bidder, shall be recorded by the City Clerk at the time the bids are opened. The record and each bid shall be open to public inspection.

7. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this Policy.

8. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose.

Those criteria that will affect the bid price and will be considered in evaluation for award shall be objectively measurable. The criteria may include discounts, transportation costs, and total or life cycle cost. No criteria may be used in bid evaluation that is not set forth in the invitation for bids.

9. Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards or contracts based on such bid mistakes, shall be permitted in accordance with rules and regulations set out in the bid notice.

10. After bid opening no changes in bid prices or other provisions of bids prejudicial to the interest of the City or fair competition shall be permitted. Except as otherwise provided by this Policy or rules and regulations set out in the bid notice, all decisions to permit the correction or withdrawal of bids or to cancel awards or contracts based on bid mistakes shall be supported by a written determination made by the City Manager or City Council, depending on the value of the bid received, and in accordance with the provisions of Section 3, C, above.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services

11. The contract shall be awarded with reasonable promptness by written notice to the lowest responsive and responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids. In the event all bids for a project exceed available funds as certified by the City Administrative Services Director or City Manager and the low responsive and responsible bid does not exceed such funds by more than 10%, the City Manager is authorized, in situations where time or economic considerations preclude resolicitation of work of a reduced scope, to negotiate an adjustment of the bid price, including changes in the bid requirements, with the low responsive and responsible bidder, in order to bring the bid within the amount of available funds.

12. When it is considered impractical to prepare initially a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation.

B. REJECTION OF BIDS:

1. An invitation for bids, a request for proposals, or other solicitation may be canceled, or any or all bids or proposals may be rejected, in whole or in part, as may be specified in the solicitation, when it is in the best interests of the City in accordance with rules and regulations as set out in the bid notice or invitation.

The reasons for such rejections shall be made part of the contract or bid file.

2. Bids may be rejected when the City Council, with the advice of the City Manager and such technical department personnel as the City Manager may determine appropriate, determines that bid prices, after advertising once for all competitive bids, are not reasonable (either as to all or as to some part of the requirement), exceed the estimated project cost of a public improvement project by an amount that is unacceptable, or have not been independently arrived at in open competition, provided that no negotiated purchase or contract may be entered into under this paragraph after the rejection of all of the bids received unless the stipulations below are met:
a. NOTIFICATION TO NEGOTIATE: Notification of the intention to negotiate and reasonable opportunity to negotiate shall have been given to each responsible bidder whose bid conformed to the invitation for bids; and,

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
b. NEGOTIATED PRICE: The negotiated price is the lowest negotiated price offered by a reasonable supplier; and provided further, that the City Manager may, at her/his discretion, elect to re-advertise for bids with approval of the City Council.

C. EXTENSION OF BIDS: The City Manager may extend the time for opening of bids, if in her/his opinion it is in the public interest to do so. Notice of the extension shall be given to all prospective bidders by the City Clerk in such manner as is most practical under the circumstances. Such extension shall not exceed ten working days.

No extension may be granted for the purpose of qualifying a bid that was delivered after the time advertised for the original opening.

D. LATE BIDS: No bids shall be received or accepted at any time subsequent to the time indicated in the announcement. Any bids delivered by mail, or any other means, subsequent to the appointed time shall not be opened.

E. RESPONSIBLE BIDDER: The City shall award contracts which are required to be let by competitive bidding under this policy to the lowest responsible bidder. The City may reject any low bid and accept the next lowest bid if the City determines that the low bid was made by a bidder who is not responsible. • The City may consider any or all of the following when determining whether a bidder is responsible:
• Whether the bid fully complies with the invitation for bids; • The bidder’s financial responsibility;
• The bidder’s references;
• Whether the bidder has the skill and business judgment to complete the contract; • The bidder’s experience;
• Whether the bidder has the facilities and equipment to complete the contract; • The bidder’s conduct under other contracts, regardless of whether the contracts were with the City or with other parties;

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
• The quality of the bidder’s other work, regardless of whether the work was performed for the City or for other parties; and
• Any other matter that might have bearing on the likelihood that the bidder will promptly and efficiently perform the contract, if it is awarded to the bidder can be considered.

If the City determines that the low bidder does not meet the criteria of a responsible bidder as defined above, the City shall notify the bidder in writing that it is rejecting the bidder’s bid. The notice shall also contain a short description of the reasons for the rejection.

Bonds of Bidders May be Required:

Bidders may be required to supply deposits of good faith, or bonds with sufficient sureties, in such amounts as shall be deemed adequate and approved by the City Manager or City Council, as set out in the bid notice, not only to insure performance of the contract or purchase order in the time and manner prescribed, but also to save, indemnify, and hold the City harmless against losses, damages, claims, liabilities, judgments, costs, and expenses which may accrue in consequences of the granting of the contract or purchase orders.

Before any contract for the construction, alteration or repair of any public building, public work or public improvement of City of Stanton is awarded to any person, that person shall furnish to Stanton such bonds as are required by the California Public Contracts Code or other applicable law.

Professional Services - Consultant Selection:

A. Selection of Consultants or Vendors for Professional Services (General)

1. The appropriate Department Head, with the approval of the City Manager, shall prepare a scope of work or services consistent with budget and project authorization of the City Council. The Request for Proposal (RFP) shall outline the City requirements and project description, services to be performed, specific identification of what is to be accomplished or provided, as well as the due date for submittal. The list of solicited firms will be drawn from firms who, in the opinion of the Department Head, can perform the work. A Request for

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
Qualifications (RFQ) may first be necessary if the required services are particularly specialized or if the qualifications of the available consultants are unknown. The list of solicited firms may be limited to between 3 to 5 due to time constraints or specialties involved.

2. The initial review of proposals shall be conducted by the involved Department Head(s) who shall make a recommendation to the City Manager regarding which consultants should be invited to interviews. Interviews (contracts less than $20,000) will be conducted by the appropriate department staff members.

3. Qualifications should be the determining factor in the selection of a professional consultant. Staff shall then negotiate the final fee based upon the agreed scope of work.

4. Prior to approval of a contract, the Department Head of the requesting or using Department shall conduct appropriate background and reference checks and ensure that adequate bonding or security, if required, is posted.

5. Consultants shall comply with all regulations and laws dealing with conflict of interest disclosure and reporting. Consultants shall not be engaged if a conflict of interest exists.

B. Selection of Consultants for Professional Services for Continuing Services:

The following shall apply to the selection or professional services which are needed on a continuous or project by project basis:

1. Professional firms providing engineering, plan checking, land surveying, transit, planning, environmental, economic development, legal, auditing, landscape architecture, or other services may be retained on a continuing basis to provide professional services. The City Department Head, with the approval of the City Manager, may contract on a project-by-project or on a retainer basis for additional work/services without going through the RFP and selection process.

At least every three years these arrangements shall be reviewed and every effort shall be made to receive proposals from at least three consultants to perform the same services. This is to ensure the City is receiving the best value and there is no stoppage in the provision of these services.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services

2. Beginning each fiscal year, the Purchasing Officer/Designee shall make a written request to each City Department Head to submit to the City Manager a list of consultants currently under contract by their department, setting forth name of firms, type of services, cost of contracts, length of contracts and date entered into, and the number of years retained by the City.

3. Exclusions
a. The process of selecting environmental impact report consultants for non City projects shall be conducted by the Director of Community Development and Redevelopment due to time restraints and application processing requirements. The final consultant selection and fee shall be reviewed and approved by the City Manager.
b. City Council shall also review and approve each bond issue in concept with approval for the selection of certain professional consultants, as needed, to be selected by the Administrative Services Director, as approved by the City Manager.

Bilateral Contracts Required:

A. A bilateral contract signed by both parties is required:

1. Whenever personal property is acquired by means of lease, rental, or installment purchase.

2. Whenever personal or professional services are required by the City except where the services are to be performed at the vendor’s place of business or where the services are for non-repetitive repairs or maintenance and where a purchase order has been bid or negotiated to cover said services;

3. Whenever consultant services are to be acquired;

4. Whenever real estate or any interest therein is to be acquired except:
a. When acquired pursuant to the power of eminent domain and entry of a decree by a court;

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
b. When acquired as a result of the filings and recording of a map or plat as required by California Code;
c. When real estate is donated or dedicated to the City

5. Whenever the requesting office, department, agency or City Council shall so specify;

6. Whenever the vendor requires that a contract other than a purchase order be signed by City of Stanton; and,

7. Whenever intergovernmental, interagency and service provider agreements require participation by the City involving funding, performance, or assumption of liability or risk in any form.

Credit Card Usage:

A. Under certain circumstances, the use of a City issued credit card may be the most appropriate method for certain purchases. The use of a City bank credit card should be used as a last resort and not be used to circumvent the Accounts Payable cycle or the Business License Ordinance. The following policies and procedures are established to insure internal control and timely payment of charges.

Unless otherwise designated by the City Manager, the Administrative Services Department is the administrator of the Credit Card Program and responsible for evaluating the request for use of the City Credit Card and determining if the request is within the guidelines of this policy.

PROCEDURE:

1. Bank, office supply store, gasoline, and hardware store credit cards will be signed out on an as-needed basis to staff at the sole discretion of the City Manager or Administrative Services Director, in accordance with internal control procedures. Failure to comply with established procedures may result in discontinuance of use by the employee/department.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services

2. The Administrative Services Director will determine if the request falls within the guidelines and purpose of this policy. The Department will prepare a blue Credit Card Accounts Payable Voucher and the Department Head will sign prior to issuing of the credit card. This is to ensure that the bank card is used appropriately and that all purchases are within approved dollar limits and in compliance with this policy.

3. All employees using the City credit card will ensure the security of the credit card while in his/her possession. If lost or stolen, the employee shall immediately notify the Administrative Services Department.

ALLOWABLE USES: City credit cards may be available to the City Employees for the conduct of official City business and City purchases, included, but not limited to the following purposes:
• Gasoline purchases for City vehicles.
• Authorized travel expenses, hotel, training, airfare and conference expenses. • Items that require a credit card to purchase and that are less than $1,000.

No purchase shall be split into parts by any concerned party so as to produce artificial amounts lower than the total purchase price. • Monthly on-going expenses that do not change in price for which the City has a contract.
• Computer equipment from a current vendor in which government pricing has been established.
• Grant funded items for the Sheriff Department’s special requests. • Online purchases where it is deemed by the Administrative Services Director to be a sole source provider or is the lowest priced supplier. These types of purchases shall not exceed $5,000.
• Supplies/Equipment for special requests with the Administrative Services Director and the City Manager’s approval.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
• Vendors that require the service or purchase to be made by credit card.

These circumstances will be verified by the Administrative Services Director or his/her appointed designee.
• Other circumstances where the use of a credit card best meets the City’s purchasing needs as determined by the City Manager or Administrative Services Director or his/her appointed designees.

According to Internal Revenue Service (IRS) tax reporting requirements, except for Urgency Purchases, a City credit card may not be used to purchase services provided by vendors who are doing business as partnerships or sole proprietors. Examples of this include, but are not limited to:
• Labor charges for auto repair
• Plumbers
• Construction contractors
B. City bank, gasoline, and telephone credit cards may be signed out from the Administrative Services Director by an employee authorized to purchase items.

Once the purchase is complete, the credit card shall be returned. The following rules shall be adhered to when making a purchase using a City credit card:

1. All purchases and payments made by City credit cards must be properly budgeted or otherwise approved by Council action before the purchase or payment is made.

2. All purchase and payments made by City credit card must result in a receipt or other sales acknowledgement. These must be signed legibly by the purchaser and approved by the appropriate Department Head.

3. Signed receipts and sales acknowledgements must be forwarded to the Administrative Service Department as soon as possible.

No personal items shall be charged on any City credit card. Under no circumstances shall a single personal charge be made on a City credit card.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
Purchasing Recycled Materials or “Green” Products:

It is the policy of the City to conserve and protect natural resources. The maintenance of a quality environment for the citizens of the City is an ongoing endeavor. In light of these statements, it is the policy of the City to encourage the use of recycled goods and “green” materials whenever possible, where fitness and quality being equal and cost no more than equal, to that of non-recycled or “non-green” products.

Disposal of City Property:

A. Department Heads shall petition the City Manager and City Council to declare property surplus, obsolete or unusable.

Any property thus classified with resale value shall be advertised for sale by the City Clerk.

Property not deemed to have any resale value shall be disposed of by the Department Head in the manner deemed to be in the best interest of the public and approved by the City Manager.

Department Head shall provide the City Administrative Services Director with a list of all such property disposed of so that they may be removed from the list of City assets.

The City may refuse any or all bids on items offered for sale.

The City may make a finding that a use or disposition of certain City property provides for the safety, health, prosperity, moral well-being, peace, order, comfort, or convenience of the inhabitants of the City, in which case the City Council may authorize purchase, receipt, holding, selling, leasing, conveying, and other disposition of real and personal property for the benefit of the City, whether the property is within or without the City’s corporate boundaries, and under the terms of such a finding is not obligated to sell such property at bid but may improve, protect, and do any other thing in relation to this property that an individual could do.

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
IV-4-12
Date
6/14/11
SUBJECT:

PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
Record of Fixed Assets:

Whenever payment is made for acquisition of a fixed asset and whenever acquisition costs of said asset is $5,000 or more the City Administrative Services Director or their Designee shall forthwith enter a record of said acquisition upon the inventory records of the City and the Purchasing Officer/Designee shall cause a property sticker to be placed upon said asset.

Inspection of Merchandise Received:

A. It shall be the responsibility of the Department Head or his designees to immediately inspect all material, supplies, equipment, and personal property of any nature purchased pursuant to this ordinance immediately upon delivery from the vendor and prior to the acceptance of the delivery.

B. The signature of the individual(s) conducting the inspection shall be required on all invoices to designate that they have inspected and received the merchandise listed on said invoice.

Damaged property or items not specified on the purchase order shall not be accepted, and the non-conforming nature of the goods, together with the reason for rejection thereof, shall be noted in writing upon the delivery receipt.

Personal Liability of Officers
A. No officer or employee of the City shall make any expenditure or encumbrance in excess of the total appropriation remaining (excluding salaries and benefits) for any department.

All purchases or all encumbrances on behalf of the City shall be made or incurred only upon any order or approval of the persons duly authorized to act on behalf of the City in such capacity.

Over-the Counter
Open Market Bid
Includes supplies, equipment, operating
or maintenance services
Competitive Bid
Open Market Bid
Competitive Bid
Construction, renovation, improvement,
demolition, and repair work involving public
operated facility
Open Market Bid
Com
Competitive Bid
Professional Services (General)

GENERAL

PURCHASES
PUBLIC

PROJECTS

CONSULTANT

SERVICES
Type Category Features
< $3,000
>$3,000
<$20,000
 No specific requirements; open market bidding
to be used whenever practical.
 Purchase Order NOT required  Department Director Approval

 Department solicits at least 3 proposals;
(May be documented verbal or written quotes)
 Purchase Order Required  City Manager Approval
<$175,000
>$175,000
 Department solicits at least 3 proposals;
(May be documented verbal or written quotes)
 Purchase Order Required  City Council Approval  Department solicits at least 3 proposals;  Purchase Order Required  Department Head & City Manager Approval  Signatures Required: City Manager, City Attorney, City Clerk
<$20,000
>$20,000
 Competitive Bid (unless exempted by policy)  Purchase Order Required  City Council Approval > $20,000
 Competitive Bid (unless exempted by policy)  Purchase Order Required  City Council Approval  Competitive Bid (unless exempted by policy)  Purchase Order Required  City Council Approval  Signatures Required: City Manager, City Attorney, City Clerk
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 12, 2024
SUBJECT: CITY SPONSORSHIP REQUEST – YOUTH ASSISTANCE FOUNDATION SANTA’S SIREN EVENT
REPORT IN BRIEF:

Per the City’s Sponsorship Program, the Youth Assistance Foundation is requesting cosponsorship of the Santa’s Siren event held throughout the City. The sponsorship request is for in-kind consideration valued at $499.

RECOMMENDED ACTION:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and

2. Determine the status of the Youth Assistance Foundation’s sponsorship request for a total in-kind value of $499.

BACKGROUND:

At its meeting on August 23, 2022, the Council approved a City Administrative Policy for a City Sponsorship Program. The policy sets forth guidelines and criteria governing the granting of City funds or in-kind services for the purpose of supporting local festivals, special events, community projects or programs.

The goals and objectives of the approved City Sponsorship Program are as follows:
• Promote the City as a desirable place to live, visit and do business. • Promote the City as a visitor destination and/or bring tourism-associated revenue to the City.
• Enhance the quality of life and well-being of the citizenry. • Advance the City’s commitment to and pride in being a multicultural community. • Encourage the development of neighborhood identity and pride.

Item: 6H
Click here to return to the agenda.
2 The City Sponsorship Program includes general requirements, eligibility criteria, and conditions. As part of the approved policy, the City Council directed staff to bring all sponsorship requests for consideration until further notice to evaluate the impact on City resources. Council also outlined that if sponsorships are in-kind, the value of the in-kind items may not equal more than 25% of the program/event budget, up to a maximum of $1,000.

ANALYSIS/JUSTIFICATION:

The Youth Assistance Foundation submitted a request for sponsorship soliciting support for the annual Santa’s Siren toy giveaway event scheduled for December 15, 2024, from 9 am to 5 pm. Requested items include:

1. Equipment: Truck, City Van, 2 tables, 2 chairs, 2 canopies and 20 delineators.

2. Staff: 4 recreation leaders; 2 staff to assist in the morning from 8 am - 1 pm, and two staff to assist from 1 - 6 pm. Staff is requested to drive the truck to transport equipment to each location and drive the van to transport volunteers to each location.

3. Approval to use the City name and logo in marketing materials for this event.

4. No Parking Signs (2) for each of the 5 neighborhoods, displayed 48 hours in advance of the event.

5. Approval to ask the Sheriff’s department for two reserve officers to attend the event to promote community policing.

6. Approval to reach out to OCFA for the firetruck to transport Santa, with the understanding that a call for service may occur.

The total in-kind value of equipment and staff use is outlined below:

Part-time staff members (2) $40/hr,5 hours total $400
Traffic Cones $40 (flat rate) $40
Truck (Gas) .625/mile (15 total) $9.38
Van (Gas) .625/mile (15 total) $9.38
Tables, Chairs, Canopies, Parking Signs $40 (flat rate) $40 TOTAL $499
Upon review of the application, staff found that all required criteria have been met, including the provision of documentation for nonprofit status in the form of an IRS determination letter.

FISCAL IMPACT:

Fiscal impact includes an in-kind value of $499 to support the event with requested City resources. The Fiscal Year 2024-25 Adopted Operating Budget includes funds in the Community Services Department to cover the part-time staff member costs. This is the second sponsorship request reviewed by the Council this fiscal year. 3 ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

None.

STRATEGIC PLAN OBJECTIVES ADDRESSED:

Obj. No. 4: Ensure fiscal stability and efficiency in governance.

Obj. No. 5: Provide a high quality of life.

Obj. No. 6: Maintain and promote a responsive, high quality and transparent government.

Prepared by: Zenia Bobadilla, Community Services Director Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 12, 2024
SUBJECT: CONSIDER RESOLUTION FINDING AND DECLARING THAT AN

EMERGENCY CONDITION EXISTS ARISING FROM DAMAGE TO THE

WESTERLY END STANTON PARK PEDESTRIAN BRIDGE AND

AUTHORIZING REPAIR TO THE PEDESTRIAN BRIDGE WITHOUT

PUBLIC BIDDING
REPORT IN BRIEF:

The westerly end pedestrian bridge at Stanton Park has been damaged and unusable since June 2023. The pedestrian bridge is a major pedestrian walkway serving many of the residents of the City. City Council will consider declaring the repair an emergency and thereby exempt from public bidding requirements.

RECOMMENDED ACTION:

1. City Council adopt Resolution No. 2024-36 finding that an emergency condition exists arising from damage to the Westerly End Stanton Park Pedestrian Bridge and authorizing emergency repair to the Westerly End Stanton Park Pedestrian Bridge without public bidding, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, FINDING AND DECLARING THAT AN EMERGENCY

CONDITION EXISTS ARISING FROM DAMAGE TO THE WESTERLY END

STANTON PARK PEDESTRIAN BRIDGE AND AUTHORIZING REPAIR TO THE PEDESTRIAN BRIDGE WITHOUT PUBLIC BIDDING”; and

2. Declare this project categorically exempt under the California Environmental Quality Act, Section 15301 Class 1 subsection (d).

BACKGROUND:

In late June 2023, a vehicle collided with the Westerly End Pedestrian Bridge at Stanton Park (“the pedestrian bridge”), causing significant damage to the pedestrian bridge. Due to immediate safety concerns, the pedestrian bridge was promptly closed and secured.

However, these fixes are only temporary, and the City will need to procure additional Item: 6I
Click here to return to the agenda.
2 services immediately to make additional repairs to the pedestrian bridge. Prior to its closure, the pedestrian bridge had served as a major walkway serving many residents of the City. Additionally, the pedestrian bridge provided safe, walkable access from the residential developments to the south of Stanton Park to Stanton City Hall, Stanton Community Center, Stanton Library, and a closely located retail plaza, which is home to a grocery store and bank, all located to the north of Stanton Park.

On September 24, 2024, City Council approved the filing of a claim through the California Joint Powers Insurance Authority (CJPIA) and an appropriation of $250,000 from the Fiscal Year 2024-25 General Fund Special Projects for the repair of the Stanton Park Pedestrian Bridge.

ANALYSIS/JUSTIFICATION:

Shortly after the pedestrian bridge was closed and secured, the City began receiving numerous calls from surrounding residents, which continue to this day. Many of these calls express concerns about safety, as residents now face a longer walking distance to access essential services such as the grocery store, Stanton Library, and Stanton Civic Center located north of Stanton Park. Additionally, the City Council has received public comment and interest at meetings from residents specifically seeking updates on the pedestrian bridge’s repair timeline. As a result, the City would like to proceed to repair the pedestrian bridge on an emergency basis to safeguard life, health, and City property.

California Public Contract Code section 1102 defines an emergency as “a sudden unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services”.

California Public Contract Code section 20168 authorizes the City Council, in case of an emergency, to pass a resolution by four-fifths vote declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, and expend any sum required in the emergency without complying with, among other things, the public bidding requirements of the Public Contract Code. Section 20168 requires that if notice for bids to let contracts will not be given, the City shall comply with California Public Contract Code section 22050.

At the same time, Public Contract Code section 22050 authorizes the City to proceed with awarding a public works contract to perform emergency work without giving a notice for bids to let contracts upon the adoption of a resolution by the City Council, approved by a four-fifths vote, finding that the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action is necessary to respond to the emergency.
3 Additionally, Section 2.58.080, “Emergencies – Procedure”, of the Stanton Municipal Code (“SMC”) authorizes the City Council, by four-fifths vote, to proceed to replace or repair a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services and supplies for those purposes, without giving notice for bids to let contracts. To utilize this section:
• An emergency must exist, such that repair or replacements are necessary to permit the continued conduct of the operation or services of the city or to avoid danger to life or property; and
• The City Council must find that the emergency will not permit a delay resulting from a competitive solicitation for bids, and
• The City Council must find that such action is necessary to respond to the emergency.

Staff now recommends that, pursuant to SMC Section 2.58.080 and Public Contracting Code Sections 20168 and 22050, the City Council declare that the damage to the Westerly End Station Park Pedestrian Bridge constitutes an emergency and find that the award of a contract for the emergency repair of the Westerly End Stanton Park Pedestrian Bridge is exempt from the competitive bidding requirements found in the Public Contract Code. With that, authorization should be given the City Manager, or her designee, to order any action required to remedy the emergency relating to the damaged condition of the bridge, procure the necessary equipment, services, and supplies for those purposes, and negotiate and execute a contract, with the assistance of the City Attorney, for emergency bridge repairs without giving notice for bids to let contracts.

The City Manager, or her designee, would be directed to report to the City Council at the next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the action is terminated to determine if there is a need to continue the action. At the next regularly scheduled meeting and at every regularly scheduled meeting thereafter, the City Council must determine, by four-fifths vote, whether there is a need to continue the action.

FISCAL IMPACT:

The City Council previously approved an appropriation of $250,000 from the Fiscal Year 2024-25 General Fund Special Projects for the repair of the Stanton Park Pedestrian Bridge to cover the insurance deductible.
4 ENVIRONMENTAL IMPACT:

This project is categorically exempt under the California Environmental Quality Act (“CEQA”) Guidelines, Section 15301 Class 1 subsection (d), which exempts the restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety from environmental review under CEQA. Additionally, staff has determined that no exceptions to the categorical exemptions under CEQA Guidelines, Section 15300.2 apply to this project.

LEGAL REVIEW:

This item has been reviewed by the City Attorney’s Office.

PUBLIC NOTIFICATION:

Notifications and advertisement were performed as prescribed by law.

STRATEGIC PLAN OBJECTIVE:

Obj. No. 3: Provide a quality infrastructure.

Prepared by: Cesar Rangel P.E., Director of Public Works/City Engineer Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Resolution No. 2024-36
RESOLUTION NO. 2024-36

RESOLUTION NO. 2024-36

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

FINDING AND DECLARING THAT AN EMERGENCY CONDITION EXISTS ARISING

FROM DAMAGE TO THE WESTERLY END STANTON PARK PEDESTRIAN BRIDGE

AND AUTHORIZING REPAIR TO THE PEDESTRIAN BRIDGE WITHOUT PUBLIC

BIDDING

THE CITY COUNCIL OF THE CITY OF STANTON DOES HEREBY RESOLVE AS FOLLOWS:

WHEREAS, in June 2023 in the City of Stanton (“City”), a vehicle collided with the Westerly End Pedestrian Bridge at Stanton Park (“the pedestrian bridge”), causing significant damage to the pedestrian bridge. Due to immediate safety concerns, the pedestrian bridge was promptly closed and secured. However, these fixes are only temporary, and the City will need to procure additional services immediately to make additional repairs to the pedestrian bridge; and
WHEREAS, prior to the pedestrian bridge’s closure, the pedestrian bridge served as a major walkway serving many residents of the City. In particular, the pedestrian bridge provided safe, walkable access from the residential developments to the south of Stanton Park to Stanton City Hall, Stanton Community Center, Stanton Library, and a closely located retail plaza, which is home to a grocery store and bank, all located to the north of Stanton Park; and
WHEREAS, California Public Contract Code section 1102 defines an emergency as “a sudden unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services”; and
WHEREAS, California Public Contract Code section 20168 authorizes the City Council, in case of an emergency, to pass a resolution by four-fifths vote declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, and expend any sum required in the emergency without complying with, among other things, the public bidding requirements of the Public Contract Code. If notice for bids to let contracts will not be given, section 20168 requires that the City comply with California Public Contract Code section 22050; and WHEREAS, California Public Contract Code section 22050(a) authorizes the City to proceed with awarding a public works contract to perform emergency work without giving notice for bids to let contracts upon adoption by the City Council, by a four-fifths vote, of a resolution finding that the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action is necessary to respond to the emergency; and Attachment: A
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RESOLUTION NO. 2024-36

WHEREAS, compliance with competitive bidding procedures typically takes a number of months, and would not allow prompt action to be taken, as required to safeguard the public; and
WHEREAS, Section 2.58.080, “Emergencies – Procedure”, of the Stanton Municipal Code authorizes the City Council, by four-fifths vote, in the event of an emergency, to proceed to replace or repair a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services and supplies for those purposes, without giving notice for bids to let contracts; and WHEREAS, the damage to the pedestrian bridge constituted an emergency and the City immediately, but temporarily, closed and secured the pedestrian bridge to prevent or mitigate the loss or impairment of life, health, property, or essential public services; and WHEREAS, these safety measures are only temporary and the City will need to procure additional services immediately to make the necessary repairs to the pedestrian bridge to safeguard life, health, or property; and
WHEREAS, the City Council hereby finds that the damage to the pedestrian bridge constitutes a sudden unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential services. In its current state, the pedestrian bridge poses a safety risk as it is unsafe to traverse. Additionally, City residents who formerly relied on the pedestrian bridge to provide a safe, walkable route to the essential amenities located north of Stanton Park have expressed safety concerns, as alternative routes are less secure and pedestrian-friendly; and
WHEREAS, the City Council now desires to determine, by a four-fifths vote, that an emergency exists pursuant to the California Public Contracting Code and Stanton Municipal Code, authorize immediate expenditure of public money, and find that time does not permit the preparation of specifications and the solicitation of competitive bids before commencement of the emergency repairs to the pedestrian bridge.

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

SECTION 1: That the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2: After considering the record of proceedings, including the foregoing Recitals, and reports, information, and recommendations from staff, as well as comment from the public, the City Council hereby takes the following actions based on substantial evidence set forth in the minutes of this meeting:

RESOLUTION NO. 2024-36

1. The City Council declares that the damage to the Westerly End Stanton Park Pedestrian Bridge constitutes an emergency, as defined under Public Contracting Code section 1102 and pursuant to Stanton Municipal Code section 2.58.080.

2. The City Council further declares, pursuant to Public Contracting Code section 20168, that in order to safeguard life, health, or property, the public interest and necessity demand the immediate expenditure of public money.

3. The City Council finds, pursuant to Public Contracting Code section 22050 and Stanton Municipal Code section 2.58.080, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that this action is necessary to respond to the emergency.

SECTION 3: Pursuant to the findings and declarations made in Section 2 of this Resolution, the City Council hereby finds that the award of a contract for the emergency repair of the Westerly End Stanton Park Pedestrian Bridge is exempt from the competitive bidding requirements found in the Public Contract Code and is instead governed by Public Contract Code sections 20168 and 22050.

SECTION 4: The City Manager, or her designee, is hereby authorized to order any action required to remedy the emergency relating to the damaged condition of the pedestrian bridge, procure the necessary equipment, services, and supplies for those purposes.

Additionally, the City Manager, or her designee, and the City Attorney are hereby authorized to negotiate and execute a contract for emergency pedestrian bridge repairs without giving notice for bids to let contracts. The City Manager, or her designee, is directed to report to the City Council at the next regularly scheduled meeting, and at every meeting thereafter until the action is terminated, in order to determine if there is a need to continue the action. At the next regularly scheduled meeting and at every meeting thereafter until the action is terminated, the City Council shall determine, by a four-fifths vote, if there is a need to continue the action.

SECTION 5: In accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the City Council has determined that repairs to the Westerly End Stanton Park Pedestrian Bridge constitute a project under CEQA. However, this project is categorically exempt from environmental review under CEQA pursuant to CEQA Guidelines, Section 15301 Class 1 subsection (d), which exempts the restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety. Additionally, the City Council has determined that no exceptions to the categorical exemptions under CEQA Guidelines, Section 15300.2 apply to this project. The documents and materials that constitute the record of proceedings on which these findings have been based are located at 7800 Katella Avenue, Stanton, CA 90680. The custodian for these records is the City Clerk of the City.

RESOLUTION NO. 2024-36

SECTION 6: If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 7: This Resolution shall take effect immediately upon its adoption.

SECTION 8: The City Clerk shall attest and certify to the passage and adoption thereof.

PASSED, APPROVED, AND ADOPTED this 12th day of November 2024.

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. 2024-36 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 November 12, 2024, and that the same was adopted, signed, and approved by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICIA A. VAZQUEZ, CITY CLERK

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 12, 2024
SUBJECT: CONSIDERATION OF ORDINANCE NO. 1153 AMENDING CHAPTER

5.67 OF TITLE 5 OF THE STANTON MUNICIPAL CODE RELATING TO

TOBACCO RETAILER REGISTRATION TO PROHIBIT THE SALE OF

FLAVORED TOBACCO PRODUCTS
REPORT IN BRIEF:

At its regular meeting of December 12, 2023, the City Council directed staff to review the City’s existing tobacco retail license ordinance with a focus on strengthening the ordinance, specifically prohibiting the sale of flavored tobacco products. Staff reviewed Chapter 5.67, “Tobacco Retailer Registration,” of the City’s Municipal Code and prepared the proposed Ordinance with updates. The City Council will consider approving the first reading of the proposed Ordinance.

RECOMMENDED ACTION:

1. City Council conduct a public hearing; and

2. Find that the ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15378(a) (the ordinance is not a “project” and has no potential for resulting in physical change to the environment, directly or indirectly) and 15061(b)(3) (there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment) (14 Cal. Code Regs.); and

3. Introduce Ordinance No. 1153 for its first reading, to be read by title only, and waive further reading, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING CHAPTER 5.67 OF TITLE 5 OF THE

STANTON MUNICIPAL CODE RELATING TO TOBACCO RETAILER

REGISTRATION TO PROHIBIT THE SALE OF FLAVORED TOBACCO

PRODUCTS AND FINDING THE ORDINANCE TO BE EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO
Item: 7A
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SECTIONS 15378 AND 15061(B)(3) OF THE STATE CEQA
GUIDELINES”; and

4. Set said ordinance for adoption at the regular City Council meeting of November 26, 2024.

BACKGROUND:

At the City Council meeting of November 28, 2023, America On Track presented to the City Council on their mission and current operations, focusing on their education efforts related to menthol and flavored tobacco. Later that evening, then Mayor Pro Tem Van requested to agendize discussion regarding strengthening the City’s tobacco retail license ordinance to address any potential loopholes, ensure that the definition of both “tobacco retailer” and “flavored tobacco” is adequately defined, ensure that the City has an adequate application fee to cover the cost of enforcement and monitoring, and methodize compliance monitoring frequencies. At its regular meeting of December 12, 2023, the City Council directed staff to review the City’s existing tobacco retail license ordinance with a focus on strengthening the ordinance.

To ensure staff had the necessary time to address and respond to the Council’s direction, at its meeting of January 23, 2024, the Council adopted Urgency Ordinance No. 1138 establishing a temporary moratorium of 45 days on the establishment of any new tobacco retailer business and a temporary moratorium on any expansion, enlargement, and/or alteration of any existing tobacco retailer business. Subsequently, at its meeting of February 27, 2024, the Council adopted Urgency Ordinance No. 1139 extending the temporary moratorium through January 22, 2025.

Tobacco Retailer Registration Ordinance
Added in November 2019, Chapter 5.67 “Tobacco Retailer Registration” of the City’s Municipal Code memorializes the requirements related to operating as a tobacco retailer within the City.

Tobacco Retailer
The City is proposing to strengthen the Municipal Code by including any retail establishment that sells any amount of tobacco in its definition of “tobacco retailer” in Chapter 5.67 as follows:
“Tobacco retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia, and that has at least fifty percent of tobacco, tobacco products, or tobacco paraphernalia as the retailer’s regular stock in trade, as displayed for sale or exchange, in the retail establishment. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia actually sold or exchanged.

Based on the proposed definition, certain retail establishments such as drug stores, mini markets, convenience stores, and markets will now fall under the designation of “tobacco retailer”.

Pharmacy
The City is proposing to clarify the Municipal Code by updating its definition of “pharmacy” in Chapter 5.67 as follows:
“Pharmacy” has the same meaning as Business and Professions Code Section 4037 and ismeans any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the state of California in accordance with the Business and Professions Code Section 4036 and is where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.

Flavored Tobacco
The City’s Municipal Code already includes a provision prohibiting the sale of flavored tobacco products.

Flavored Tobacco Products. Flavored Tobacco Products Prohibited. No tobacco retailer, nor any of the retailer’s agents or employees, shall sell or offer for sale, or possess with intent to sell or offer for sale, any flavored tobacco product. (Section

5.67.030.H)
The City is proposing to strengthen the Municipal Code by adding new definitions for “characterizing flavor” and “flavored tobacco product”. “Characterizing flavor” means any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during consumption of, a tobacco product, including but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes characterizing flavor.
“Flavored tobacco product” means any tobacco product that imparts a characterizing flavor. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has (i) made a public statement or claim that the tobacco product imparts a characterizing flavor; (ii) used text and/or images on the tobacco product’s labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor or (iii) taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.

Tobacco Products
There is a wide array of tobacco products that are constantly evolving. The City is proposing to strength the Municipal Code by expanding the definition of tobacco products. "Tobacco product" means any product or substance containing, made of, or derived from tobacco or nicotine that is intended for human consumptionleaf, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine or a synthetic nicotine product that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

Tobacco product includes any component, part, or accessory intended or reasonably expected to be used with a Tobacco product, whether or not sold separately.

Application Fee
The City conducts regular fee schedule reviews and will include an application fee for consideration during the next scheduled review.

Compliance Monitoring
To strengthen the City’s compliance monitoring efforts, in June 2024 the City submitted an application for the Tobacco Grant Program during the 2024/25 call for applications period with the support of Townsend Public Affairs. Funding was recently awarded in the amount of $62,400 per year for three years, and including funding for operating expenses and administrative costs equals a total grant award amount of $199,710. These grant funds combined with existing funds approved as part of the annual Public Safety Services Operating Budget will fund a newly created Code Enforcement Specialist/Tobacco Enforcement position within the Code Enforcement division. The position would be funded for three years and would be responsible for continuous monitoring of approximately 40 tobacco retailers throughout the City, in addition to other retail establishments that sell tobacco products. The position would focus on enforcing flavor ban restrictions, as well as conducting retailer education outreach activities. The position would also work closely with the City Attorney’s Office to coordinate citations, fines, and license revocations, as appropriate.

ANALYSIS/JUSTIFICATION:

Cigarette smoking has long been recognized as a major public health concern. The U.S.

Centers for Disease Control and Prevention states the following on their website at www.cdc.gov/tobacco/about/index.html:
• Cigarette smoking is a major public health concern, with over 16 million Americans living with a smoking-related disease.
• Smoking and secondhand smoke exposure cause over 480,000 deaths in the U.S. each year.
• Smoking harms nearly every organ of the body and causes many diseases. • Quitting smoking lowers the risk for early death and of developing smoking-related diseases.

From the 2012 Report of the Surgeon General “Preventing Tobacco Use Among Youth and Young Adults1”:

Since the first Surgeon General’s report on youth in 1994, the basis for concern about smoking during adolescence and young adulthood has expanded beyond the immediate health consequences for the young smoker to a deeper understanding of the implications for health across the life span from early use of tobacco.

From the 2016 Report of the Surgeon General “E-Cigarette Use Among Youth and Young Adults2”:

E-cigarette use among U.S. youth and young adults is now a major public health concern. … These products are now the most commonly used form of tobacco among youth in the United States, surpassing conventional tobacco products, including cigarettes, cigars, chewing tobacco, and hookahs.

On November 8, 2022, California voters upheld state law prohibiting tobacco retailers from selling most flavored tobacco products, including flavored e-cigarettes, menthol cigarettes and tobacco product flavor enhancers. Despite the retail sale prohibition in current law, flavored tobacco products continue to be sold in California.

On September 28, 2024, Governor Newsom signed Assembly Bill 3218 (AB 3218) (Attachment A) improving implementation of current law that bans flavored tobacco products in California. AB 3218 will allow the Attorney General to make publicly available a list of permissible products so that industry participants and law enforcement will be able to easily identify what products can lawfully be sold and will create penalties for the sale of unlawful products as well as provide the ability to seize the unlawful products. This 1 2012 Surgeon General's Report | CDC Archive
(https://archive.cdc.gov/#/details?url=https://www.cdc.gov/tobacco/sgr/2012/index.htm) 2 E-Cigarette Use Among Youth and Young Adults - NCBI Bookshelf (nih.gov) (https://www.ncbi.nlm.nih.gov/books/NBK538680/)
list is required to be provided no later than December 31, 2025 and must be maintained on the Attorney General’s website.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ENVIRONMENTAL IMPACT:

In accordance with the requirements of California Environmental Quality Act (“CEQA”), the project is exempt pursuant to Sections 15378(a) and 15061(b)(3) of the State CEQA Guidelines (Title 14 of the California Code of Regulations).

PUBLIC NOTIFICATION:

Public notice was made through the regular agenda process.

STRATEGIC PLAN OBJECTIVE:

Obj. No. 1: – Provide a safe community.

Prepared by: James J. Wren, Public Safety Services Director Reviewed by: HongDao Nguyen, City Attorney
Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. Assembly Bill No. 3218
B. Proposed Ordinance No. 1153
Date Published: 09/30/2024 09:00 PM
AB-3218 Unflavored Tobacco List. (2023-2024)
Assembly Bill No. 3218
CHAPTER 849
An act to amend Sections 22980 and 22990 of, and to add Sections 22974.2 and 22978.3 to, the Business and Professions Code, to amend Section 104559.5 of, and to add Article 4.5 (commencing with Section 104559.1) to Chapter 1 of Part 3 of Division 103 of, the Health and Safety Code, and to amend Section 30101.7 of the Revenue and Taxation Code, relating to tobacco, and making an appropriation therefor.
[ Approved by Governor September 28, 2024. Filed with Secretary of State September 28, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 3218, Wood. Unflavored Tobacco List.

Existing law prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, provides for enforcement of that prohibition by the Attorney General.

Existing law prohibits a tobacco retailer, as defined, from offering for sale any flavored tobacco product or tobacco product flavor enhancer, as specified.

This bill would require the Attorney General to, by no later than December 31, 2025, establish and maintain on the Attorney General’s internet website a list of tobacco product brand styles that lack a characterizing flavor, as defined.

This bill would require each manufacturer or importer of tobacco products to submit to the Attorney General a list of all brand styles, as defined, of tobacco products that they manufacture or import for sale or distribution in or into California. The bill would require a manufacturer or importer that submits a product pursuant to these provisions to, under penalty of perjury, describe each brand style, brand, and product category, as specified, describe, for each brand style, if a formal authorization, approval, or order from the United States Food and Drug Administration has been sought and its status, if applicable, and certify that each brand style lacks a characterizing flavor. By expanding the scope of the crime of perjury, this bill would create a state-mandated local program. The bill would require a fee for each submission and renewal of a brand style for the costs incurred by the Attorney General for processing the submissions, and operating the list, as specified. The bill would create the California Unflavored Tobacco List Fund for the collection of these fees, and would continuously appropriate these fees to the Attorney General for the purposes above, thereby making an appropriation. The bill would require the Attorney General to determine whether each brand style has a characterizing flavor, as specified. The bill would require any manufacturer or importer that submits a brand style in this way to, among Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Bill Text - AB-3218 Unflavored Tobacco List.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3218 1/16 Attachment: A
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other things, consent to the jurisdiction of the California courts for the purpose of enforcing these provisions and to appoint an agent for service of process, as specified. The bill would authorize the Attorney General to seek injunctive relief and a civil penalty up to $50,000 against any manufacturer or importer who falsely certifies that brand style determined to have a characteristic flavor, lacks a characteristic flavor.

This bill would refine the definitions of characteristic flavor and tobacco product for purposes of the prohibition and these provisions.

This bill would prohibit a distributor or wholesaler from selling any tobacco product not listed on the Unflavored Tobacco List or any tobacco product flavor enhancer to any person, as specified, for sale in the state and would prohibit a delivery seller from selling a tobacco product not listed on the Unflavored Tobacco List or a tobacco product flavor enhancer to a consumer in California. The bill would authorize the Attorney General to assess civil penalties, as specified, for violations of these prohibitions.

This bill would authorize the Attorney General to recover reasonable attorney’s fees, investigative costs, and other related costs, against a nonprevailing party in a civil action brought pursuant to these provisions. The bill would require moneys recovered by the Attorney General in an action pursuant to these provisions to be deposited in the Public Rights Law Enforcement Special Fund, as specified.

This bill would also ban the retail sale of any tobacco product not on the Unflavored Tobacco List, as specified.

The bill would authorize the California Tax and Fee Administration or a law enforcement agency that discovers that a retailer possesses, stores, owns, or has made a retail sale of flavored tobacco products or tobacco product flavor enhancers to seize those products, as specified. Under the bill, seized products would be delivered to the department within 30 days and deemed forfeited to the state. The bill would require the department to issue a civil penalty against the retailer equal to $50 per individual package of flavored tobacco product or tobacco product flavor enhancer seized or delivered to the department, with increasing penalties for subsequent seizures.

If a wholesaler possesses, stores, or owns, or has made a sale of, a tobacco product not on the Unflavored Tobacco List or a tobacco product flavor enhancer, the bill would authorize the department to seize the tobacco product or tobacco product flavor enhancer and would require the department to impose a civil penalty if the property is seized, as specified. If a distributor or other person has made a sale of a tobacco product not on the Unflavored Tobacco List or a tobacco product flavor enhancer, or a wholesaler has made a sale of a tobacco product not on the Unflavored Tobacco List or a tobacco product flavor enhancer and the department or a local law enforcement agency has not seized the product, the bill would require the department to issue a warning for a first offense, suspend their license for a second offense, and revoke their license for a third offense.

Existing law, the Cigarette and Tobacco Products Tax Law, generally prohibits the retail sale of cigarettes in California unless the sale is a vendor-assisted, face-to-face sale. Existing law authorizes the delivery sale of cigarettes or tobacco products if specified conditions are met.

This bill would refine the definition of cigarette for the purpose of these provisions, and would expand that prohibition to include the sale of tobacco products. The bill would require a delivery seller of cigarettes or tobacco products to comply with any applicable state law or local ordinance that imposes restrictions on the retail sale of cigarettes or tobacco products directly to the public from a retail location as if the delivery sale occurred entirely within the state and place.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

This bill would incorporate additional changes to Section 104559.5 of the Health and Safety Code proposed by SB 1230 to be operative only if this bill and SB 1230 are enacted and this bill is enacted last.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: yes Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all of the following:

Bill Text - AB-3218 Unflavored Tobacco List.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3218 2/16 (a) A large and increasing number of flavored tobacco products are available for sale in California, which appeal to minors and nonsmokers, initiate nonusers, and impede cessation. (b) There is evidence that those products are disproportionately used by youth and marketed to certain minorities and marginalized communities.
(c) A growing number of cities and counties have restricted or banned the retail sale of flavored tobacco products, and a statewide ban on the retail sale of certain flavored tobacco products has been approved by California voters.
(d) Because many tobacco manufacturers do not disclose whether their products are flavored, it is difficult for government agencies, distributors, wholesalers, retailers, and consumers to identify whether tobacco products are flavored without actually using the products.
(e) There is a need in California for a reliable and complete public list of unflavored tobacco products, meaning tobacco products that do not have a flavor other than that of tobacco.

SEC. 2. Section 22974.2 is added to the Business and Professions Code, to read:
22974.2. (a) (1) Notwithstanding any other provision of this division, upon discovery by the department or a law enforcement agency that a retailer possesses, stores, owns, or has made a retail sale of flavored tobacco products or tobacco product flavor enhancers in violation of Section 104559.5 of the Health and Safety Code, the department or the law enforcement agency may seize the flavored tobacco products or tobacco product flavor enhancers at the retail location or any other person’s location. (2) Any flavored tobacco products or tobacco product flavor enhancers seized by a law enforcement agency shall be delivered to the department, or its designee, within 30 days, unless the seized flavored tobacco products or tobacco product flavor enhancers shall be destroyed by that law enforcement agency, or unless the seized flavored tobacco products or tobacco product flavor enhancers are otherwise required to be used as evidence in an administrative, criminal, or civil proceeding, or as part of an ongoing law enforcement operation. Any flavored tobacco products or tobacco product flavor enhancers seized by the department or delivered to the department by a law enforcement agency shall be deemed forfeited to the state and the department shall comply with procedures set forth in Chapter 7.5 (commencing with Section 30435) of Part 13 of Division 2 of the Revenue and Taxation Code.
(b) (1) In addition to seizure and forfeiture of the flavored tobacco products or tobacco product flavor enhancers under subdivision (a), the department shall issue a civil penalty against the retailer equal to fifty dollars ($50) per individual package of flavored tobacco product or tobacco product flavor enhancer seized or delivered to the department by a law enforcement agency regardless of the authority used by the law enforcement agency to seize the flavored tobacco product or tobacco product flavor enhancer. The department shall issue the civil penalty in accordance with the procedures applicable to the civil penalty authorized under Section 22974.7. (2) In the case of a second seizure and forfeiture of flavored tobacco products or tobacco product flavor enhancers under subdivision (a), the department shall suspend the license of the retailer, in accordance with the procedures set forth in Section 22980.3.
(3) In the case of a third seizure and forfeiture of flavored tobacco products or tobacco product flavor enhancers under subdivision (a), the department shall revoke the license of the retailer, in accordance with the procedures set forth in Section 22980.3.
(4) Civil penalties collected pursuant to this section shall be deposited into the Cigarette and Tobacco Products Compliance Fund created pursuant to Section 22990.
(5) For the purposes of paragraph (1), “package” means the individual packet, box, or other container of flavored tobacco products or tobacco product flavor enhancers that are normally sold or intended to be sold at retail. “Package” does not include containers that contain smaller packaging units of flavored tobacco products or tobacco product flavor enhancers, including, but not limited to, cartons, cases, bales, or boxes.

SEC. 3. Section 22978.3 is added to the Business and Professions Code, to read:
22978.3. (a) (1) Notwithstanding any other provision of this division, upon discovery by the department or a law enforcement agency that a wholesaler possesses, stores, or owns flavored tobacco products or tobacco product flavor enhancers, or has made a sale of flavored tobacco products or tobacco product flavor enhancers in violation of Section 104559.1 of the Health and Safety Code, the department or the law enforcement agency Bill Text - AB-3218 Unflavored Tobacco List.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3218 3/16 may seize the flavored tobacco products or tobacco product flavor enhancers possessed, stored, owned, or sold by the wholesaler.
(2) Any flavored tobacco products or tobacco product flavor enhancers seized by a law enforcement agency shall be delivered to the department, or its designee, within 30 days, unless the seized flavored tobacco products or tobacco product flavor enhancers will be destroyed by that law enforcement agency, or unless the seized flavored tobacco products or tobacco product flavor enhancers are otherwise required to be used as evidence in an administrative, criminal, or civil proceeding, or as part of an ongoing law enforcement operation. Any flavored tobacco products or tobacco product flavor enhancers seized by the department or delivered to the department by a law enforcement agency shall be deemed forfeited to the state and the department shall comply with procedures set forth in Chapter 7.5 (commencing with Section 30435) of Part 13 of Division 2 of the Revenue and Taxation Code.
(b) (1) In addition to seizure and forfeiture of the flavored tobacco products or tobacco product flavor enhancers described in subdivision (a), the department shall impose a civil penalty upon the wholesaler equal to fifty dollars ($50) per individual package of flavored tobacco product or tobacco product flavor enhancer seized or delivered to the department by a law enforcement agency regardless of the authority used by the law enforcement agency to seize the flavored tobacco product or tobacco product flavor enhancer. The department shall impose the civil penalty in accordance with the procedures applicable to the civil penalty authorized in Section 22978.7. (2) In the case of a second seizure and forfeiture of flavored tobacco products or tobacco product flavor enhancers made pursuant to subdivision (a), the department shall suspend the license of the wholesaler in accordance with the procedures set forth in Section 22980.3. (3) In the case of a third seizure and forfeiture of flavored tobacco products or tobacco product flavor enhancers made pursuant to subdivision (a), the department shall revoke the license of the wholesaler in accordance with the procedures set forth in Section 22980.3. (4) Civil penalties collected pursuant to this section shall be deposited into the Cigarette and Tobacco Products Compliance Fund created pursuant to Section 22990.
(c) Upon discovery by the department that a distributor, wholesaler, or other person has made a sale in violation of Section 104559.1 of the Health and Safety Code, and, for wholesalers, if neither the department nor a law enforcement agency seized flavored tobacco products or tobacco product flavor enhancers from the wholesaler pursuant to subdivision (a), all of the following shall apply:
(1) Upon a first offense, the department shall issue a warning notice to the distributor, wholesaler, or other person.
(2) Upon a second offense, the department shall suspend the license of the distributor, wholesaler, or person in accordance with the procedures set forth in Section 22980.3. (3) Upon a third offense, the department shall revoke the license of the distributor, wholesaler, or other person in accordance with the procedures set forth in Section 22980.3. (d) The appeals procedures applicable to Section 22978.7 shall apply to the warning notice, suspension, and revocation actions taken by the department pursuant to this section.

SEC. 4. Section 22980 of the Business and Professions Code is amended to read:
22980. (a) A peace officer or department employee granted limited peace officer status pursuant to paragraph (6) of subdivision (a) of Section 830.11 of the Penal Code, upon presenting appropriate credentials, is authorized to enter any place as described in paragraph (2) or (3) and to conduct inspections in accordance with all of the following:
(1) Inspections shall be performed in a reasonable manner and at times that are reasonable under the circumstances, taking into consideration the normal business hours of the place to be entered. (2) Inspections may be at any place at which cigarettes or tobacco products are sold, produced, or stored or at any site where evidence of activities involving evasion of cigarette or tobacco products tax and violations of Section 30165.1 of the Revenue and Taxation Code may be discovered. (3) Inspections may be at any place where evidence of a violation of Section 104559.1 or 104559.5 of the Health and Safety Code may be discovered.

Bill Text - AB-3218 Unflavored Tobacco List.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3218 4/16 (4) Inspections shall be requested or conducted no more than once in a 24-hour period. (b) Any person that refuses to allow an inspection shall be subject to the penalties imposed pursuant to Section 22981.

SEC. 5. Section 22990 of the Business and Professions Code is amended to read:
22990. (a) All moneys collected pursuant to this division shall be deposited in the Cigarette and Tobacco Products Compliance Fund, which is hereby created in the State Treasury. No moneys in the Cigarette and Tobacco Products Compliance Fund shall be used to supplant state or local General Fund money for any purpose. (b) All moneys in the Cigarette and Tobacco Products Compliance Fund are available for expenditure, upon appropriation by the Legislature, solely for the purpose of implementing, enforcing, and administering the California Cigarette and Tobacco Products Licensing Act of 2003, including the seizure and destruction of cigarettes and tobacco products.

SEC. 6. Article 4.5 (commencing with Section 104559.1) is added to Chapter 1 of Part 3 of Division 103 of the Health and Safety Code, to read:

Article 4.5. Unflavored Tobacco
104559.1. (a) The Attorney General shall establish and maintain on the Attorney General’s internet website a list of tobacco product brand styles that lack a characterizing flavor. This list shall be known as the Unflavored Tobacco List (UTL).
(b) (1) Every manufacturer and every importer of tobacco products shall submit to the Attorney General a list of all brand styles of tobacco products that they manufacture or import for sale or distribution in or into California that lack a characterizing flavor. The Attorney General may deem each submission to be a request that the brand style be included on the UTL. Any submission under this section shall be accompanied by a certification by the manufacturer or importer, under penalty of perjury, that does all of the following:
(A) Describes each brand style, brand, and tobacco product category. Categories shall include, but not be limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, electronic cigarettes, electronic pipes, and electronic hookahs.
(B) Describes, for each brand style, if a formal authorization, approval, or order from the United States Food and Drug Administration under Section 387e(j) or 387j of the Federal Food, Drug, and Cosmetic Act (FFDCA) (21 U.S.C. Sec. 301 et seq.) has been sought and, if so, the status of any request for that authorization, approval, or order.
(C) Certifies that each brand style lacks a characterizing flavor. (2) (A) Upon the request of the Attorney General, a manufacturer or importer shall provide additional information and factual substantiation regarding a brand style’s lack of characterizing flavor. (B) Information submitted to the Attorney General by a manufacturer or importer pursuant to this paragraph shall be considered confidential and corporate proprietary information. This information shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(3) (A) Upon the request of the Attorney General, a manufacturer or importer shall provide additional information and documentation regarding tobacco product status, packaging, or marketing of a brand style. (B) Information submitted to the Attorney General by a manufacturer or importer pursuant to this paragraph and designated as nonpublic shall be considered confidential and corporate proprietary information. This information shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) In determining whether or not a brand style has a characterizing flavor the Attorney General shall consider, among other factors, information received from the manufacturer or importer to the Attorney General regarding the brand style.
(d) The Attorney General shall presume a brand style to have a characterizing flavor if the manufacturer or importer, or any employee or agent of the manufacturer or importer, in the course of their employment by the agency, has made a statement or claim directed to consumers or to the public that the tobacco product has or Bill Text - AB-3218 Unflavored Tobacco List.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3218 5/16 produces a characterizing flavor, including, but not limited to, any text, color, or images on the product’s labeling or packaging, that explicitly or implicitly communicates that the tobacco product has a characterizing flavor. This presumption may be rebutted by the manufacturer or importer. (e) The Attorney General shall decline to include on the UTL any brand style that the Attorney General reasonably determines has a characterizing flavor. The Attorney General may decline to include on the UTL any brand style that is adulterated as defined in Section 387b of or misbranded as defined in Section 387c of the FFDCA or that is otherwise required to obtain and has not received a formal authorization, approval, or order under Section 387e(j) or 387j of the FFDCA.
(f) (1) The Attorney General shall remove from the UTL any brand style that the Attorney General determines has a characterizing flavor. The Attorney General may remove from the UTL any brand style that the Attorney General determines is adulterated as defined in Section 387b of or misbranded as defined in Section 387c of the FFDCA or that is required to obtain and has not received a formal authorization, approval, or order under Section 387e(j) or 387j of the FFDCA.
(2) (A) The Attorney General shall promptly provide the manufacturer or importer that submitted a certification regarding a brand style with written notice when the Attorney General removes it from the UTL. This notice shall include the basis for the Attorney General’s determination. (B) Removal of a brand style from the UTL will be effective 30 days after the manufacturer or importer is given notice pursuant to subparagraph (A).
(C) A manufacturer or importer may provide additional materials that the manufacturer or importer deems relevant to the determination described in paragraph (1) within 30 days of the notice provided pursuant to subparagraph (A).
(D) Information submitted to the Attorney General by a manufacturer or importer pursuant to this paragraph shall be considered confidential and corporate proprietary information. This information shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(g) Any brand style not on the UTL shall be deemed a flavored tobacco product under subdivision (b) of Section 104559.5.
(h) Every manufacturer and every importer that has made a submission under this section shall submit updated information to the Attorney General whenever it no longer manufactures or imports for sale or distribution in or into the state a brand style listed on the UTL or when the brand style it manufactures or imports no longer lacks a characterizing flavor. This updated information shall be provided to the Attorney General by the manufacturer or importer prior to or on the date upon which the manufacture or importation of the brand style ceases, or prior to or on the date upon which the brand style no longer lacks a characterizing flavor. (i) Every manufacturer or importer that submits a brand style pursuant to this section shall also do all of the following:
(1) Consent to the jurisdiction of the California courts for the purpose of enforcement of this section and for enforcement of regulations adopted pursuant to this section. (2) Appoint a registered agent for service of process in this state. (3) Identify the registered agent to the Attorney General. (4) Waive any sovereign immunity defense that may apply in an action to enforce this section or to enforce regulations adopted pursuant to this section.
(j) The Attorney General may require a manufacturer or importer of tobacco products that are sold or distributed in or into California, whether directly or indirectly through a distributor, wholesaler, or retailer, to submit to the Attorney General a list of all brand styles of tobacco products that they manufacture or import. (k) (1) Every manufacturer and importer submission under paragraph (1) of subdivision (b) shall be accompanied by an initial application fee of up to one thousand dollars ($1,000) per brand style, not to exceed the reasonable costs of processing the submissions and operating the UTL, to offset the costs incurred by the Attorney General for processing the submissions and operating the UTL. The Attorney General shall collect an annual renewal fee of up to one thousand dollars ($1,000) per brand style, not to exceed the reasonable costs of Bill Text - AB-3218 Unflavored Tobacco List.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3218 6/16 maintaining the UTL, to offset the costs associated with operating the UTL. The fee shall be for the fiscal year ending June 30 and shall not be prorated.
(2) Application and renewal fees received under this subdivision shall be deposited into the California Unflavored Tobacco List Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all amounts deposited into the California Unflavored Tobacco List Fund are hereby continuously appropriated without regard to fiscal year to the office of the Attorney General for the purpose of processing the submissions and operating the UTL.
(l) (1) Upon receiving notice from the Attorney General that a brand style is either removed from the UTL or that the Attorney General declines to include it on the list, the manufacturer or importer that provided the certification to the Attorney General that the brand style lacks a characterizing flavor may challenge the Attorney General’s determination as erroneous, seek to rebut any presumption relied upon by the Attorney General, and seek relief from the determination, by filing a writ of mandate pursuant to Section 1085 of the Code of Civil Procedure in the Superior Court of the County of Sacramento, or as otherwise provided by law. The filing of the petition shall not operate to stay the Attorney General’s determination except upon a ruling of a court of competent jurisdiction.
(2) A manufacturer or importer may challenge a decision by the Attorney General pursuant to paragraph (1) in addition to providing additional materials to the Attorney General pursuant to subdivision (f). (m) The Attorney General shall publish the UTL beginning on or before December 31, 2025. (n) The Attorney General may seek injunctive relief and a civil penalty not to exceed fifty thousand dollars ($50,000) and recover reasonable attorney’s fees, investigation costs, and expert fees against an entity or individual that certifies to the Attorney General that a brand style lacks a characterizing flavor when the certifying entity or individual had no reasonable basis to believe the certification was true. (o) (1) Except as provided in paragraph (2), a distributor or wholesaler shall not sell any tobacco product not appearing on the UTL or any tobacco product flavor enhancer to any retailer, wholesaler, or other person for sale in California. A delivery seller shall not sell a tobacco product not appearing on the UTL or a tobacco product flavor enhancer to a consumer in California.
(2) This subdivision does not apply to the sale of tobacco products by a distributor or wholesaler to a retailer, wholesaler, distributor, or any other person that the state, pursuant to the United States Constitution, the laws of the United States, or the California Constitution, is prohibited from regulating. (3) For each tobacco product or tobacco product flavor enhancer sold in violation of this subdivision, the Attorney General may assess civil penalties against the distributor, wholesaler, or delivery seller according to the following schedule:
(A) A civil penalty of not more than two thousand dollars ($2,000) for the first violation. (B) A civil penalty of not more than three thousand five hundred dollars ($3,500) for the second violation within a five-year period.
(C) A civil penalty of not more than five thousand dollars ($5,000) for the third violation within a five-year period.
(D) A civil penalty of not more than six thousand five hundred dollars ($6,500) for the fourth violation within a five-year period.
(E) A civil penalty of not more than ten thousand dollars ($10,000) for a fifth or subsequent violation within a five-year period.
(p) Whenever the Attorney General prevails in a civil action to enforce this section, the court shall award to the Attorney General all costs of investigating and prosecuting the action, including expert fees, reasonable attorney’s fees, and costs. Awards under this section shall be paid to the Public Rights Law Enforcement Special Fund established pursuant to Section 12530 of the Government Code. (q) The Attorney General may adopt those rules and regulations the Attorney General deems necessary to implement the purposes of this section, including regulations further delineating tobacco product status and characterizing flavor determinations, requiring reporting of delivery sales of tobacco products and constitutionally exempted distributions of flavored tobacco products, and adopting an administrative process for the imposition of Bill Text - AB-3218 Unflavored Tobacco List.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3218 7/16 civil penalties. The regulations adopted to implement this section are emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public health, safety, and welfare.
(r) This section does not preempt or otherwise prohibit the adoption of a local ordinance that is more restrictive than this section, that references or incorporates the UTL, or that imposes standards or definitions for a characterizing flavor that are more restrictive than those in this section. (s) For the purposes of this section, the following definitions apply:
(1) “Brand style” means a style of tobacco product within a brand that is differentiated from other styles of that brand by weight, volume, size, Universal Product Code, Stock Keeping Unit, nicotine content, characterizing flavor, logo, symbol, motto, labeling, marketing, materials, packaging, or other indicia of product identification.
(2) “Characterizing flavor” has the same meaning as in Section 104559.5. (3) “Tobacco product” means a tobacco product as defined in Section 104559.5, but excludes looseleaf tobacco, premium cigars, and shisha tobacco products, as those terms are defined in that section. (4) “Tobacco product flavor enhancer” has the same meaning as defined in Section 104559.5. (5) “UTL” means the Unflavored Tobacco List described in subdivision (a). (t) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 7. Section 104559.5 of the Health and Safety Code is amended to read:
104559.5. (a) For purposes of this section, the following definitions apply:
(1) “Characterizing flavor” means a taste or odor, distinguishable by an ordinary consumer either prior to or during the consumption of a tobacco product, other than the taste or odor of tobacco, including, but not limited to, tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice, or a cooling sensation distinguishable by an ordinary consumer during the consumption of a tobacco product.
(2) “Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product.
(3) “Department” means the State Department of Public Health. (4) “Enforcing agency” means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel.
(5) “Flavored shisha tobacco product” means any shisha tobacco product that contains a constituent that imparts a characterizing flavor.
(6) “Flavored tobacco product” means any tobacco product that contains a constituent that imparts a characterizing flavor. “Flavored tobacco product” includes any tobacco product, other than looseleaf tobacco, a premium cigar, or a shisha tobacco product, that is not listed on the Unflavored Tobacco List established and maintained by the Attorney General pursuant to Section 104559.1. (7) “Hookah” means a type of waterpipe, used to smoke shisha or other tobacco products, with a long flexible tube for drawing aerosol through water. Components of a hookah may include heads, stems, bowls, and hoses. (8) “Hookah tobacco retailer” means a tobacco retailer that is engaged in the retail sale of shisha tobacco products, hookah, and hookah smoking accessories.
(9) “Labeling” means written, printed, pictorial, or graphic matter upon a tobacco product or any of its packaging.

Bill Text - AB-3218 Unflavored Tobacco List.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3218 8/16 (10) “Looseleaf tobacco” consists of cut or shredded pipe tobacco, usually sold in pouches, excluding any tobacco product which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes, including roll-your-own cigarettes. (11) “Nicotine” means any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived, and includes nicotinic alkaloids and nicotine analogs. (12) “Packaging” means a pack, box, carton, or container of any kind, or, if no other container, any wrapping, including cellophane, in which a tobacco product is sold or offered for sale to a consumer. (13) “Premium cigar” means any cigar that is handmade, is not mass produced by use of mechanization, has a wrapper that is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars ($12). A premium cigar does not have a filter, tip, or nontobacco mouthpiece and is capped by hand. (14) “Retail location” means both of the following:
(A) A building from which tobacco products are sold at retail. (B) Any vending machine, vehicle, mobile unit, booth, stand, or concession that conducts in-person sales of tobacco products directly to the public.
(15) “Sale” or “sold” means a sale as that term is defined in Section 30006 of the Revenue and Taxation Code. (16) “Shisha tobacco product” means a tobacco product smoked or intended to be smoked in a hookah. “Shisha tobacco product” includes, and may be referred to as, hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. “Shisha tobacco product” does not include any electronic devices, such as an electronic hookah, electronic cigarette, or electronic tobacco product. (17) (A) “Tobacco product” means any of the following:
(i) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
(ii) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including an electronic cigarette, cigar, pipe, or hookah. (iii) Any component, part, or accessory of a tobacco product, whether or not sold separately. (B) Notwithstanding subparagraph (A), “tobacco product” does not include: (i) a nicotine replacement product approved by the United States Food and Drug Administration, or (ii) cannabis or a cannabis product, as those terms are defined in Section 26001 of the Business and Professions Code. Cannabis or a cannabis product that includes an ingredient, substance, chemical, or compound that contains or is made or derived from tobacco or nicotine is a “tobacco product” under this section. (18) “Tobacco product flavor enhancer” means a product designed, manufactured, produced, marketed, or sold to produce a characterizing flavor when added to a tobacco product. (19) “Tobacco retailer” means a person who engages in this state in the sale of tobacco products directly to the public from a retail location. “Tobacco retailer” includes a person who operates vending machines from which tobacco products are sold in this state.
(b) (1) A tobacco retailer, or any of the tobacco retailer’s agents or employees, shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer. (2) There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, images, or all, on the product’s labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor.
(c) Subdivision (b) does not apply to the sale of flavored shisha tobacco products by a hookah tobacco retailer if all of the following conditions are met:

Bill Text - AB-3218 Unflavored Tobacco List.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3218 9/16 (1) The hookah tobacco retailer has a valid license to sell tobacco products issued pursuant to Chapter 2 (commencing with Section 22971.7) of Division 8.6 of the Business and Professions Code. (2) The hookah tobacco retailer does not permit any person under 21 years of age to be present or enter the premises at any time.
(3) The hookah tobacco retailer shall operate in accordance with all relevant state and local laws relating to the sale of tobacco products.
(4) If consumption of tobacco products is allowed on the premises of the hookah tobacco retailer, the hookah tobacco retailer shall operate in accordance with all state and local laws relating to the consumption of tobacco products on the premises of a tobacco retailer, including, but not limited to, Section 6404.5 of the Labor Code. (d) Subdivision (b) does not apply to sales of premium cigars sold in cigar lounges where products are purchased and consumed only on the premises.
(e) Subdivision (b) does not apply to looseleaf tobacco or premium cigars. (f) (1) An enforcing agency may assess civil penalties against any person or entity that violates subdivision (b) according to the schedule of civil penalties prescribed in paragraph (1) of subdivision (a) of Section 22958 of the Business and Professions Code. In the case of a corporation or business with more than one retail location, the number of accumulated violations for purposes of the penalty schedule shall be determined in accordance with subdivision (h) of that section.
(2) In addition to the civil penalties described in paragraph (1), upon the assessment of a civil penalty for the third, fourth, or fifth violation, the department, within 60 days of the date of service of the final administrative adjudication on the parties or payment of the civil penalty for an uncontested violation, shall notify the California Department of Tax and Fee Administration of the violation who shall then assess a civil penalty of two hundred fifty dollars ($250) and suspend or revoke a license issued pursuant to Chapter 2 (commencing with Section 22972) of Division 8.6 of the Business and Professions Code, in accordance with the schedule listed in paragraph (1) of subdivision (b) of Section 22958 of the Business and Professions Code. (3) Notwithstanding paragraph (7), the civil penalty assessed pursuant to paragraph (2) shall be deposited into the Cigarette and Tobacco Products Compliance Fund and shall be made available to the California Department of Tax and Fee Administration, upon appropriation by the Legislature, for the purposes of meeting its duties prescribed in paragraph (2).
(4) The provisions of Chapter 4 (commencing with Section 55121) of Part 30 of Division 2 of the Revenue and Taxation Code apply with respect to the collection of the penalty imposed by the California Department of Tax and Fee Administration pursuant to paragraph (2).
(5) The department shall, upon request, provide information concerning any person or entity that has been assessed a civil penalty for violation of this section to the California Department of Tax and Fee Administration when the department has notified the California Department of Tax and Fee Administration of the violation. (6) Proceedings under this section shall be conducted pursuant to Section 131071, except in cases where a civil penalty is assessed by an enforcing agency other than the department, in which case proceedings shall be conducted pursuant to the procedures of that agency that are consistent with Section 131071. (7) Except as otherwise provided in paragraph (3), all moneys collected as civil penalties by the department or by any other state agency or department pursuant to this section shall be deposited in the Sale of Tobacco to Minors Control Account.
(g) (1) Primary responsibility for enforcement of this section shall be with the department. In carrying out its enforcement responsibilities, the department may conduct onsite sting inspections at tobacco retailers randomly, in response to public complaints, or at retailers where violations have previously occurred. Agents of the department, while conducting enforcement activities pursuant to this section, are peace officers and are subject to all of the powers and immunities granted to Food and Drug Section inspectors pursuant to Section 106500 in the same manner as are any Food and Drug Section inspectors of the department. (2) In addition to the primary enforcement responsibility assumed by the department, another enforcing agency may conduct inspections and assess penalties for violations of this section if that enforcing agency complies with the applicable provisions of this section and with all other applicable provisions of law.

Bill Text - AB-3218 Unflavored Tobacco List.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3218 10/16 (3) State and local enforcing agencies are encouraged, in order to avoid duplication, to share the results of inspections and coordinate with the department when enforcing this section. (4) An enforcing agency may use audio or video recording equipment when conducting inspections, to record and document illegal sales or attempted sales.
(h) (1) The department may adopt any regulations that it determines are necessary for the enforcement of this section. The regulations shall be adopted by the department in the manner prescribed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (2) The department may adopt emergency regulations to implement this section. Any emergency regulation shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Emergency regulations adopted shall remain in effect until regulations have been adopted pursuant to paragraph (1). (i) This section does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access to tobacco products than the restrictions imposed by this section. To the extent that there is an inconsistency between this section and a local standard that imposes greater restrictions on the access to tobacco products, the greater restriction on the access to tobacco products in the local standard shall prevail.

SEC. 7.5. Section 104559.5 of the Health and Safety Code is amended to read:
104559.5. (a) For purposes of this section, the following definitions apply:
(1) “Characterizing flavor” means a taste or odor, distinguishable by an ordinary consumer either prior to or during the consumption of a tobacco product, other than the taste or odor of tobacco, including, but not limited to, tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice, or a cooling sensation distinguishable by an ordinary consumer during the consumption of a tobacco product.
(2) “Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product.
(3) “Department” means the State Department of Public Health. (4) “Enforcing agency” means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel.
(5) “Flavored shisha tobacco product” means any shisha tobacco product that contains a constituent that imparts a characterizing flavor.
(6) “Flavored tobacco product” means any tobacco product that contains a constituent that imparts a characterizing flavor. “Flavored tobacco product” includes any tobacco product, other than looseleaf tobacco, a premium cigar, or a shisha tobacco product, that is not listed on the Unflavored Tobacco List established and maintained by the Attorney General pursuant to Section 104559.1. (7) “Hookah” means a type of waterpipe, used to smoke shisha or other tobacco products, with a long flexible tube for drawing aerosol through water. Components of a hookah may include heads, stems, bowls, and hoses. (8) “Hookah tobacco retailer” means a tobacco retailer that is engaged in the retail sale of shisha tobacco products, hookah, and hookah smoking accessories.
(9) “Labeling” means written, printed, pictorial, or graphic matter upon a tobacco product or any of its packaging.
(10) “Looseleaf tobacco” consists of cut or shredded pipe tobacco, usually sold in pouches, excluding any tobacco product which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes, including roll-your-own cigarettes. (11) “Nicotine” means any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived, and includes nicotinic alkaloids and nicotine analogs.

Bill Text - AB-3218 Unflavored Tobacco List.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3218 11/16 (12) “Packaging” means a pack, box, carton, or container of any kind, or, if no other container, any wrapping, including cellophane, in which a tobacco product is sold or offered for sale to a consumer. (13) “Premium cigar” means any cigar that is handmade, is not mass produced by use of mechanization, has a wrapper that is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars ($12). A premium cigar does not have a filter, tip, or nontobacco mouthpiece and is capped by hand. (14) “Retail location” means both of the following:
(A) A building from which tobacco products are sold at retail. (B) Any vending machine, vehicle, mobile unit, booth, stand, or concession that conducts in-person sales of tobacco products directly to the public.
(15) “Sale” or “sold” means a sale as that term is defined in Section 30006 of the Revenue and Taxation Code. (16) “Shisha tobacco product” means a tobacco product smoked or intended to be smoked in a hookah. “Shisha tobacco product” includes, and may be referred to as, hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. “Shisha tobacco product” does not include any electronic devices, such as an electronic hookah, electronic cigarette, or electronic tobacco product. (17) (A) “Tobacco product” means any of the following:
(i) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
(ii) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including an electronic cigarette, cigar, pipe, or hookah. (iii) Any component, part, or accessory of a tobacco product, whether or not sold separately. (B) Notwithstanding subparagraph (A), “tobacco product” does not include: (i) a nicotine replacement product approved by the United States Food and Drug Administration, or (ii) cannabis or a cannabis product, as those terms are defined in Section 26001 of the Business and Professions Code. Cannabis or a cannabis product that includes an ingredient, substance, chemical, or compound that contains or is made or derived from tobacco or nicotine is a “tobacco product” under this section. (18) “Tobacco product flavor enhancer” means a product designed, manufactured, produced, marketed, or sold to produce a characterizing flavor when added to a tobacco product. (19) “Tobacco retailer” means a person who engages in this state in the sale of tobacco products directly to the public from a retail location. “Tobacco retailer” includes a person who operates vending machines from which tobacco products are sold in this state.
(b) (1) A tobacco retailer, or any of the tobacco retailer’s agents or employees, shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer. (2) There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, images, or all, on the product’s labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor.
(c) Subdivision (b) does not apply to the sale of flavored shisha tobacco products by a hookah tobacco retailer if all of the following conditions are met:
(1) The hookah tobacco retailer has a valid license to sell tobacco products issued pursuant to Chapter 2 (commencing with Section 22971.7) of Division 8.6 of the Business and Professions Code. (2) The hookah tobacco retailer does not permit any person under 21 years of age to be present or enter the premises at any time.

Bill Text - AB-3218 Unflavored Tobacco List.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3218 12/16 (3) The hookah tobacco retailer shall operate in accordance with all relevant state and local laws relating to the sale of tobacco products.
(4) If consumption of tobacco products is allowed on the premises of the hookah tobacco retailer, the hookah tobacco retailer shall operate in accordance with all state and local laws relating to the consumption of tobacco products on the premises of a tobacco retailer, including, but not limited to, Section 6404.5 of the Labor Code. (d) Subdivision (b) does not apply to sales of premium cigars sold in cigar lounges where products are purchased and consumed only on the premises.
(e) Subdivision (b) does not apply to looseleaf tobacco or premium cigars. (f) (1) An enforcing agency may assess civil penalties against any person or entity that violates subdivision (b) according to the schedule of civil penalties prescribed in subdivision (a) of Section 22958 of the Business and Professions Code. In the case of a corporation or business with more than one retail location, the number of accumulated violations for purposes of the penalty schedule shall be determined in accordance with subdivision (h) of that section.
(2) In addition to the civil penalties described in paragraph (1), upon the assessment of a civil penalty for the third, fourth, or fifth violation, the department, within 60 days of the date of service of the final administrative adjudication on the parties or payment of the civil penalty for an uncontested violation, shall notify the California Department of Tax and Fee Administration of the violation who shall then assess a civil penalty of two hundred fifty dollars ($250) and suspend or revoke a license issued pursuant to Chapter 2 (commencing with Section 22972) of Division 8.6 of the Business and Professions Code, in accordance with the schedule listed in paragraph (1) of subdivision (b) of Section 22958 of the Business and Professions Code. (3) Notwithstanding paragraph (7), the civil penalty assessed pursuant to paragraph (2) shall be deposited into the Cigarette and Tobacco Products Compliance Fund and shall be made available to the California Department of Tax and Fee Administration, upon appropriation by the Legislature, for the purposes of meeting its duties prescribed in paragraph (2).
(4) The provisions of Chapter 4 (commencing with Section 55121) of Part 30 of Division 2 of the Revenue and Taxation Code apply with respect to the collection of the penalty imposed by the California Department of Tax and Fee Administration pursuant to paragraph (2).
(5) The department shall, upon request, provide information concerning any person or entity that has been assessed a civil penalty for violation of this section to the California Department of Tax and Fee Administration when the department has notified the California Department of Tax and Fee Administration of the violation. (6) Proceedings under this section shall be conducted pursuant to Section 131071, except in cases where a civil penalty is assessed by an enforcing agency other than the department, in which case proceedings shall be conducted pursuant to the procedures of that agency that are consistent with Section 131071. (7) Except as otherwise provided in paragraph (3), all moneys collected as civil penalties by the department or by any other state agency or department pursuant to this section shall be deposited in the Sale of Tobacco to Minors Control Account.
(g) (1) Primary responsibility for enforcement of this section shall be with the department. In carrying out its enforcement responsibilities, the department may conduct onsite sting inspections at tobacco retailers randomly, in response to public complaints, or at retailers where violations have previously occurred. Agents of the department, while conducting enforcement activities pursuant to this section, are peace officers and are subject to all of the powers and immunities granted to Food and Drug Section inspectors pursuant to Section 106500 in the same manner as are any Food and Drug Section inspectors of the department. (2) In addition to the primary enforcement responsibility assumed by the department, another enforcing agency may conduct inspections and assess penalties for violations of this section if that enforcing agency complies with the applicable provisions of this section and with all other applicable provisions of law. (3) State and local enforcing agencies are encouraged, in order to avoid duplication, to share the results of inspections and coordinate with the department when enforcing this section. (4) An enforcing agency may use audio or video recording equipment when conducting inspections, to record and document illegal sales or attempted sales.

Bill Text - AB-3218 Unflavored Tobacco List.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3218 13/16 (h) (1) The department may adopt any regulations that it determines are necessary for the enforcement of this section. The regulations shall be adopted by the department in the manner prescribed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (2) The department may adopt emergency regulations to implement this section. Any emergency regulation shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Emergency regulations adopted shall remain in effect until regulations have been adopted pursuant to paragraph (1). (i) This section does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access to tobacco products than the restrictions imposed by this section. To the extent that there is an inconsistency between this section and a local standard that imposes greater restrictions on the access to tobacco products, the greater restriction on the access to tobacco products in the local standard shall prevail.

SEC. 8. Section 30101.7 of the Revenue and Taxation Code is amended to read:
30101.7. (a) It is the intent of the Legislature in enacting this section to facilitate the collection of all applicable state surtaxes, sales or use taxes, and escrow and other payment obligations on cigarettes sold to residents of the state and to ensure compliance with the Prevent All Cigarette Trafficking Act of 2009 (PACT Act; Public Law 111-154).
(b) Except as provided in subdivision (d), no person may engage in a retail sale of cigarettes or tobacco products in California unless the sale is a vendor-assisted, face-to-face sale. (c) For the purposes of this section, the following definitions shall apply:
(1) “Cigarette” has the same meaning as provided in Section 375 of Title 15 of the United States Code, as amended from time to time.
(2) “Consumer” means a person who purchases cigarettes or tobacco products. “Consumer” does not include any person licensed under this part or under Division 8.6 (commencing with Section 22970) of the Business and Professions Code and lawfully operating as a manufacturer, distributor, wholesaler, or retailer of cigarettes or tobacco products.
(3) “Delivery sale” means sale of cigarettes or tobacco products into and in this state in either of the following cases:
(A) The consumer submits the order for the sale by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service, or the seller is otherwise not in the physical presence of the consumer when the request for purchase or order is made. (B) The cigarettes or tobacco products are delivered to the consumer by common carrier, private delivery service, or other method of remote delivery, or the seller is not in the physical presence of the consumer when the consumer obtains possession of the cigarettes or tobacco products. (4) “Delivery seller” means a person who makes a delivery sale. (5) “Face-to-face sale” means a sale in which the purchaser is in the physical presence of the seller or the seller’s employee or agent at the time of the sale. A face-to-face sale does not include a delivery sale. (6) “Indian country” shall have the same meaning as provided in Section 1151 of Title 18 of the United States Code, and includes any other land held by the United States in trust or restricted status for one or more Indian tribes.
(7) “Interstate commerce” means commerce between a state and any place outside the state, commerce between a state and Indian country in the state, or commerce between points in the same state but through a place outside of the state or through any Indian country. (8) “Tobacco products” shall have the same meaning as otherwise defined under this part with the exception of cigars.
(d) A person may engage in delivery sale of cigarettes or tobacco products to a person in California provided that all of the following conditions are met:

Bill Text - AB-3218 Unflavored Tobacco List.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3218 14/16 (1) The delivery seller has fully complied with all of the requirements of Chapter 10A (commencing with Section 375) of Title 15 of the United States Code, otherwise known as the Jenkins Act. (2) The delivery seller obtains and maintains any applicable license under this part and under Division 8.6 (commencing with Section 22970) of the Business and Professions Code, as if the delivery sales occurred entirely within this state.
(3) The delivery seller complies with any applicable state law that imposes escrow or other payment obligations on tobacco product manufacturers, including, but not limited to, Sections 104555 to 104557, inclusive, of the Health and Safety Code.
(4) The delivery seller complies with any applicable state law or local ordinance that imposes restrictions on the retail sale of cigarettes or tobacco products directly to the public from a retail location, including Section 104559.5 of the Health and Safety Code, as if the delivery sales occurred entirely within the state and place. (5) The Attorney General may require the delivery seller to report to the Attorney General its delivery sales of cigarettes and tobacco products to California consumers in the form and manner specified by the Attorney General.
(e) Any violation of this section by any person is a misdemeanor. Each offense shall be punishable by a fine not to exceed five thousand dollars ($5,000), or imprisonment not to exceed one year in a county jail, or both the fine and imprisonment. The amount of any fines assessed shall be deposited in the Cigarette and Tobacco Products Compliance Fund.
(f) The State Board of Equalization may provide information relative to a seller’s failure or attempt to comply with the PACT Act and the Jenkins Act to the Attorney General. (g) The Attorney General or a city attorney, county counsel, or district attorney may bring a civil action to enforce this section against a person that violates this section and, in addition to any other remedy provided by law, the court shall assess a civil penalty in accordance with the following schedule:
(1) A civil penalty of not less than one thousand dollars ($1,000) and not more than two thousand dollars ($2,000) for the first violation.
(2) A civil penalty of not less than two thousand five hundred dollars ($2,500) and not more than three thousand five hundred dollars ($3,500) for the second violation within a five-year period. (3) A civil penalty of not less than four thousand dollars ($4,000) and not more than five thousand dollars ($5,000) for the third violation within a five-year period. (4) A civil penalty of not less than five thousand five hundred dollars ($5,500) and not more than six thousand five hundred dollars ($6,500) for a fourth violation within a five-year period. (5) A civil penalty of up to ten thousand dollars ($10,000) for a fifth or subsequent violation within a five-year period.
(h) This section does not prohibit the lawful sale of a tobacco product that occurs by means of a vending machine.
(i) Nothing in this section shall relieve the seller of cigarettes from any other applicable requirement of state law relating to the sale or distribution of cigarettes or tobacco products in this state. (j) The board shall enforce the licensing and tax provisions of this section. Other provisions of this section shall be enforced by the Attorney General.
(k) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 9. The Legislature finds and declares that Section 6 of this act, which adds Section 104559.1 to the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution.

Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

Bill Text - AB-3218 Unflavored Tobacco List.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3218 15/16 In order to facilitate manufacturer submissions of information related to brand styles of tobacco products for consideration by the Attorney General, it is necessary to protect the confidential and proprietary nature of that information.

SEC. 10. Section 7.5 of this bill incorporates amendments to Section 104559.5 of the Health and Safety Code proposed by both this bill and Senate Bill 1230. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 104559.5 of the Health and Safety Code, and (3) this bill is enacted after Senate Bill 1230, in which case Section 7 of this bill shall not become operative.

SEC. 11. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Bill Text - AB-3218 Unflavored Tobacco List.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3218 16/16 ORDINANCE NO. 1153