Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  21-000345

 

MEETING DATE:

06/22/21

legal entity taking action:

Board of Supervisors and Orange County Housing Authority

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

Auditor-Controller   (Approved)

Department contact person(s):

Frank Davies (714) 834-2457 

 

 

Salvador Lopez (714) 834-2470

 

 

Subject:  FY 2021-22 Temporary Transfer of Cash Between Various Funds

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Resolution to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: N/A

County Audit in last 3 years: No

 

 

    Prior Board Action: 06/23/2020 #31, 06/25/2019 #20, 06/26/2018 #31, 06/27/2017 #32

 

RECOMMENDED ACTION(S):

 

Adopt resolution concerning temporary transfer of cash between various Funds.

 

 

 

 

SUMMARY:

 

Establishment by resolution of the temporary transfer of cash between various Funds will address potential cash shortages.

 

 

 

BACKGROUND INFORMATION:

 

Government Code Section 25252 authorizes the transfer of money between Funds as the public interest requires. Government Code Section 53635.7 requires separate discussion of any items involving borrowing in the amount of $100,000 or more.  Certain County Funds, as well as certain Orange County Housing Authority (OCHA) Funds, may experience temporary cash shortages during the period of July 1, 2021, through June 30, 2022. This agenda item authorizes the temporary transfer of cash so that, if the need arises, the authorization to provide the necessary cash flow is already in place.

 

The following Funds (hereafter referred to as Available County Funds) have cash available to make temporary transfers to County Funds with shortages:

 

100

County General Fund

102

Santa Ana Regional Center Lease Conveyance

117

OCHA Operating Reserve (up to $5 Million)

13W

Health Care Agency Realignment

135

Real Estate Development Program

14T

Operations Facilities Development & Maintenance Fund

15B

County Executive Office Single Family Housing

15D

Countywide Capital Projects Non General Fund

15I

Countywide Information Technology Projects Non General Fund

15Y

Teeter Series A Debt Service Fund (up to $40 Million)

289

OC Information Technology Countywide Services

296

OC Fleet Services

405

OC Parks County Service Area No. 26 (up to $23 Million)

406

OC Parks Capital (up to $12 Million)

 

Because cash shortages could occur with short notice, the Auditor-Controller's Office is requesting advance authority by the County Board of Supervisors (Board) to cover potential shortages.  The Auditor-Controller's Office further requests that all loans be conditioned on and subject to the written approval of the County Executive Officer (CEO) or designee.  Upon each cash shortage, the CEO will designate the Fund to provide the cash loan from the above list of Funds.

 

Cash Flow Loan Authorization included in this agenda item is summarized as follows:

 

Borrowing authority requested by Fund not to exceed:

 

104  Criminal Justice Facility     

 $          5,000,000

109  Co Automated Fingerprint ID

$             250,000

137  Parking Facilities

   $          2,000,000

146  Workforce Investment Act  

 $          2,000,000

14Q Sheriff-Coroner Construction & Facility Development

   $        30,000,000

15F  OCHA    

 $        35,000,000

15G OC Housing

 $          6,000,000

168  Extra-Help Defined Contribution 3121 Plan  

 $               33,000

169  401(a) Defined Contribution Plan  

 $               42,000

17B  Health Savings Reimbursement Account

 $             450,000

17C  1.62 Retirement - Defined Contribution Plan

 $               70,000

249  Retirement Contributions    

 $        31,000,000

309  Attached Salary Trust Fund    

 $        16,000,000

590  In-Home Supportive Services (IHSS) Public Authority   

 $          1,000,000

 

TRANSFERS BETWEEN FUNDS

 

1.  Temporary Transfers of Cash to Criminal Justice Facility Fund 104

The Criminal Justice Facility Fund 104 may experience temporary cash shortages due to delayed receipt of court fines.  The Auditor-Controller's Office is requesting authorization to make temporary cash transfers of cash up to $5 million to Fund 104 from Available County Funds on an as-needed basis to cover any potential shortfalls during the period of July 1, 2021, through June 30, 2022.  As revenue is received, retransfers will be made with interest equal to the rate earned by the Treasurer-Tax Collector on commingled funds.

 

2.  Temporary Transfers of Cash to Co Automated Fingerprint ID Fund 109

The County Automated Fingerprint ID Fund 109 may experience temporary cash shortages due to the timing of reimbursement from participating cities. The Auditor-Controller's Office is requesting authorization to make temporary cash transfers of up to $250,000 from Available County Funds on an as-needed basis to cover any potential shortfalls during the period of July 1, 2021, through June 30, 2022.  As cash is available in Fund 109, retransfers will be made with interest equal to the rate earned by the Treasurer-Tax Collector on commingled funds. 

 

3. Temporary Transfers of Cash to Parking Facilities Fund 137

The Parking Facilities Fund 137 receives fees from the use of parking facilities for the purpose of operating and maintaining parking facilities and other special projects.  The Parking Facilities Fund 137 may experience cash shortages due to the timing of the receipt of these fees.  To ensure that the Parking Facilities Fund 137 has sufficient cash to pay the annual debt service for the Parking Facilities Certificate of Participation bonds, authorization is requested to make temporary cash transfers of up to $2 million from Available County Funds on an as-needed basis to cover any potential shortfalls during the period of July 1, 2021, through June 30, 2022.  As parking fees and other revenues are received in Fund 137, retransfers will be made with interest equal to the rate earned by the Treasurer-Tax Collector on commingled bonds.

 

4.  Temporary Transfers of Cash to Workforce Investment Act Fund 146

The Workforce Investment Act Fund 146 may experience temporary cash shortages due to the timing of reimbursement from federal funds.  The Auditor-Controller's Office is requesting authorization to make temporary cash transfers of up to $2 million from Available County Funds on an as-needed basis to cover any potential shortfalls during the period of July 1, 2021, through June 30, 2022.  As revenues are available in Fund 146, retransfers will be made without interest, because interest is not allowed per federal regulations.

 

5. Temporary Transfers of Cash to Sheriff-Coroner Construction & Facility Development Fund 14Q

The Sheriff-Coroner Construction & Facility Development Fund 14Q may experience temporary cash shortages due to timing of reimbursement of expenses in arrears from the state for the James A. Musick Facility Jail Construction Project.  The Auditor-Controller's Office is requesting authorization to make temporary cash transfers of up to $30 million from Available County Funds on an as-needed basis to cover any potential shortfalls during the period of July 1, 2021, through June 30, 2022.  As revenues are available in Fund 14Q, retransfers will be made with interest equal to the rate earned by the Treasurer-Tax Collector on commingled funds.

 

6.  Temporary Transfers of Cash to OCHA Fund 15F

The OCHA Fund 15F may experience temporary cash shortages due to the timing of reimbursement from federal funds.  The Auditor-Controller's Office is requesting authorization to make temporary cash transfers of up to $35 million from Available County Funds on an as-needed basis to cover any potential shortfalls during the period of July 1, 2021, through June 30, 2022.  As revenues are available in Fund 15F, retransfers will be made without interest, because interest is not allowed per federal regulations.

 

OCHA receives funding from the U.S. Department of Housing and Urban Development (HUD) for the monthly rental assistance payments made under the Section 8 Rental Assistance Program (Section 8 Program).  The monthly funding is received on the same day the checks are mailed to the landlords participating in the Section 8 Program.  If a monthly payment from HUD is delayed, it would prohibit the timely issuance of checks.  To ensure that OCHA can continue the Section 8 Program and maintain a good relationship with landlords, it is necessary for OCHA to temporarily transfer cash from the OCHA Operating Reserve Fund 117 into the OCHA Fund 15F for continued operation of the Section 8 Checking Account. As HUD and other revenues are received, retransfers will be made without interest, as interest is not allowed per federal regulations.

 

7.  Temporary Transfers of Cash to OC Housing Fund 15G

The OC Housing Fund 15G may experience temporary cash shortages due to the timing of reimbursement from federal funds.  The Auditor-Controller's Office is requesting authorization to make temporary cash transfers of up to $6 million from Available County Funds on an as-needed basis to cover any potential shortfalls during the period of July 1, 2021, through June 30, 2022.  As revenues are available in Fund 15G, retransfers will be made without interest, because interest is not allowed per federal regulations.

 

8. Temporary Transfers of Cash to Extra-Help Defined Contribution 3121 Plan Fund 168 and 401(a) Defined Contribution Plan Fund 169

The Extra-Help Defined Contribution 3121 Fund 168 and 401(a) Defined Contribution Plan Fund 169 may experience temporary cash shortages due to timing issues involving the processing of accounting transactions.  The Auditor-Controller's Office is requesting authorization to make temporary cash transfers of up to $33,000 to Fund 168 and up to $42,000 to Fund 169 from Available County Funds on an as-needed basis to cover any potential shortfalls during the period of July 1, 2021, through June 30, 2022.  As cash is available in Funds 168 and 169, retransfers will be made with interest equal to the rate earned by the Treasurer-Tax Collector on commingled funds.

 

9. Temporary Transfers of Cash to Health Savings Reimbursement Account Fund 17B and 1.62 Retirement - Defined Contribution Plan Fund 17C

The Health Savings Reimbursement Account Fund 17B and the 1.62 Retirement - Defined Contribution Plan Fund 17C may experience temporary cash shortages due to timing issues involving the processing of accounting transactions.  The Auditor-Controller's Office is requesting authorization to make temporary cash transfers of up to $450,000 to Fund 17B and up to $70,000 to Fund 17C from Available County Funds on an as-needed basis to cover any potential shortfalls during the period of July 1, 2021, through June 30, 2022.  As cash is available in Funds 17B and 17C, retransfers will be made with interest equal to the rate earned by the Treasurer-Tax Collector on commingled funds.

 

10.  Temporary Transfers of Cash to Retirement Contributions Trust Fund 249

The Retirement Contributions Trust Fund 249 may experience a temporary cash shortage due to timing issues involving the processing of accounting transactions.  The Auditor-Controller's Office is requesting authorization to make temporary cash transfers of up to $31 million from Available County Funds on an as-needed basis to cover any potential shortfalls during the period of July 1, 2021, through June 30, 2022.  As cash is available in Fund 249, retransfers will be made with interest equal to the rate earned by the Treasurer-Tax Collector on commingled funds. 

 

11.  Temporary Transfers of Cash to Attached Salary Trust Fund 309

The Attached Salary Trust Fund 309 may experience temporary cash shortages due to timing issues involving the processing of accounting transactions.  The Auditor-Controller's Office is requesting authorization to make temporary cash transfers of up to $16 million from Available County Funds on an as-needed basis to cover any potential shortfalls during the period of July 1, 2021, through June 30, 2022.  Interest will not be charged on temporary transfers from the General Fund, because interest earned on Fund 309 is directed to the General Fund.

 

12.  Temporary Transfers of Cash to IHSS Public Authority Fund 590

The IHSS Public Authority Fund 590 may experience temporary cash shortages due to reimbursement of expenses in arrears from the state.  The Auditor-Controller's Office is requesting authorization to make temporary cash transfers of up to $1 million in cash from Available County Funds on an as-needed basis to cover any potential shortfalls during the period of July 1, 2021, through June 30, 2022.  As revenues are available in Fund 590, retransfers will be made with interest equal to the rate earned by the Treasurer-Tax Collector on commingled funds.

 

All of the transfers from County Funds would be subject to the written approval of the CEO or designee.

 

All transfers from the OCHA Operating Reserve 117 to the OCHA Fund 15F for the Section 8 Checking Account would be subject to the written approval of the OC Community Resources Director or designee.

 

Notification of each transfer will be provided to each Board office.

 

All cash transfers are repaid to Available County Funds by June 30, 2022, or soon thereafter.

 

Prior Board Actions:

On June 23, 2020, the Board adopted Resolution No. 20-078 for FY 2020-21 authorizing the Auditor-Controller to make temporary transfers of cash between various Funds. On June 25, 2019, the Board adopted Resolution No. 19-048 for FY 2019-20 authorizing the Auditor-Controller to make temporary transfers of cash between various Funds. On June 26, 2018, the Board adopted Resolution No. 18-060 for FY 2018-19 authorizing the Auditor-Controller to make temporary transfers of cash between various Funds. On June 27, 2017, the Board adopted Resolution No. 17-071 for FY 2017-18 authorizing the Auditor-Controller to make temporary transfers of cash between various Funds.

 

 

 

 

FINANCIAL IMPACT:

 

This is a non-financial Agenda Staff Report as the loans are temporary.

 

 

 

STAFFING IMPACT:

 

N/A

 

 

 

ATTACHMENT(S):

 

Attachment A - Resolution
Attachment B - California Government Code Section 25252 Financial Powers
Attachment C - California Government Code Section 53635.7 Deposit of Funds
Attachment D - Revenue and Taxation Code Sections 4701-4717