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Home My WebLink About2020-02-24 City Council Regular Meeting Agenda Packet February 21, 2020 6:15 PM City Council Regular Meeting Agenda Page1 MAYOR Roland Velasco COUNCIL MEMBERS Marie Blankley Dion Bracco Peter Leroe-Muñoz Carol Marques Fred Tovar Cat Tucker CITY COUNCIL AGENDA CITY OF GILROY CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET GILROY, CA 95020 REGULAR MEETING 6:00 P.M. MONDAY, FEBRUARY 24, 2020 CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Persons wishing to address the Council are requested, but not required, to complete a Speaker’s Card located at the entrances. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. A minimum of 12 copies of materials should be provided to the City Clerk for distribution to the Council and Staff. Please limit your comments to 3 minutes. In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk a minimum of 72 hours prior to the meeting at (408) 846-0204. A sound enhancement system is also available for use in the City Council Chambers. If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at , or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances , there is a significant exposure to litigation against the City. Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials are also available with the agenda packet on the City website at www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting. The City Council meets regularly on the first and third Monday of each month, at 6:00 p.m. If a holiday, the meeting will be rescheduled to the following Monday, with the exception of the single meeting in July which lands on the first day of the month not a holiday, Friday, Saturday or Sunday. City Council Regular Meeting Agenda 02/24/2020 Page2 KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204 or shawna.freels@cityofgilroy.org I. OPENING A. Call to Order 1. Pledge of Allegiance 2. Invocation 3. City Clerk's Report on Posting the Agenda 4. Roll Call B. Orders of the Day C. Employee Introductions II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations 1. Certificates of Appreciation to Outgoing Board, Commission and Committee Members 2. Recognition of Retiring Employee Paul Butler 3. Recognition of Retiring Employee Annette Juco III. PRESENTATIONS TO THE COUNCIL PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL (This portion of the meeting is reserved for persons desiring to address the Council on matters not on this agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda. Written material provided by public members for Council agenda item “public comment by Members of the Public on items not on the agenda” will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically.) A. Public Health Update Regarding Coronavirus by Gilroy Fire City Council Regular Meeting Agenda 02/24/2020 Page3 IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco – Gilroy Downtown Business Association Board (alternate), Gilroy Sister Cities Association (alternate), Santa Clara Co. Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Joint Planning Advisory Committee (alternate), South County Regional Wastewater Authority Board, South County Youth Task Force Policy Team (alternate), Street Naming Committee Council Member Tucker –CalTrain Policy Group, Cities Association of Santa Clara Co. Board of Directors, General Plan Advisory Committee, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, Street Naming Committee, Visit Gilroy Board Council Member Blankley - ABAG (alternate), Cities Association of Santa Clara Co. Board of Directors (alternate), Economic Development Corporation Board, Gilroy Sister Cities Association, Gilroy Youth Task Force (alternate), SCVWD Joint Council-SCRWA- Board Water Resources Committee, South County Regional Wastewater Authority Board, VTA Board of Directors Alternate, VTA Policy Advisory Committee, VTA South County City Group Council Member Marques - Gilroy Downtown Business Association Board, Gilroy Gardens Board of Directors, Santa Clara Valley Habitat Agency Governing Board (alternate), Santa Clara Valley Habitat Agency Implementation Board (alternate), Silicon Valley Clean Energy JPA Board (alternate), URM Task Force Sub-Committee, VTA Committee for Transit Accessibility (alternate) Council Member Tovar –Santa Clara Co. Expressway Plan 2040 Policy Advisory Board, Recycling and Waste Reduction Commission, Santa Clara Co. Library JPA (alternate), SCVWD Water Commission (alternate), Silicon Valley Clean Energy JPA Board, South County Regional Wastewater Authority Board, South County Unite d for Health, Street Naming Committee, VTA Committee for Transit Accessibility, VTA Policy Advisory Committee (alternate) Council Member Leroe-Muñoz - ABAG, CalTrain Policy Group (alternate), Gilroy Youth Task Force, Historic Heritage Committee, SCVWD Water Commission, Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force Policy Team, VTA Mobility Partnership Mayor Velasco - Economic Development Corporation Board, General Plan Advisory Committee, Historic Heritage Committee (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, South County Joint Planning Advisory Committee, South County Regional Wastewater Authority Board (alternate), URM Task Force Sub-Committee, VTA Mobility Partnership, VTA South County City Group (alternate) V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR (ROLL CALL VOTE) All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears. City Council Regular Meeting Agenda 02/24/2020 Page4 A. Minutes of the January 27, 2020 Regular Meeting B. Minutes of the February 3, 2020 Regular Meeting C. Adoption of a New City of Gilroy Records Retention Schedule to Authorize the Maintenance and Destruction of City Records D. Claim of Allstate ASO Treadwell (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) E. Approval of a Amicus Curiae Letter in Support of the City of Huntington Beach Supreme Court Appeal F. Approval of the Write-Off of Delinquent Water and Sewer Accounts from the City's Water and Sewer Funds for the Period of July 1, 2017 through June 30, 2019 G. Approval of the Gilroy 150th Anniversary Celebration Event Scheduled for Saturday, March 14, 2020 as a City-sponsored Community Event H. Claim of Samuel Miceli (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) VII. BIDS AND PROPOSALS A. Approval of a Budget Amendment in the Amount $166,000 and Approval of the Fifth Amendment to the Agreement with Mintier Harnish in the Amount of $166,000 for the Preparation of Required Zoning Code Amendments 1. Staff Report: Karen Garner, Community Development Director 2. Public Comment 3. Possible Action: a) Adopt a Resolution of the City Council of the City of Gilroy amending the budget in the amount of $166,000 for the City of Gilroy for Fiscal Year 2019-2020 in the General Fund and appropriating proposed expenditure amendments. b) Approve the fifth amendment to the agreement with Mintier Harnish in the amount of $166,000 for preparation of zoning code amendments and guidelines, and authorize the City Administrator to execute the agreement and associated documents. VIII. PUBLIC HEARINGS A. Consideration of Proposed Budget Amendments to the Fiscal Year 2019- 2020 Community Development Block Grant (CDBG) Annual Action Plan Adopted May 6, 2019 to Reallocate Unspent CDBG Grant Funds to the FY 2020 Annual Sidewalk Gap Closure and Curb Ramp Program City Council Regular Meeting Agenda 02/24/2020 Page5 1. Staff Report: Karen Garner, Community Development Director 2. Disclosure of Ex-Parte Communications 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Approve amendments to the Fiscal Year 2019-2020 Community Development Block Grant (CDBG) Annual Action Plan to reallocate unspent CDBG grant funds to the FY 2020 annual sidewalk gap closure and curb ramp program. Adopt a Resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2019-2020 in the Community Development Block Grant fund, and appropriating proposed expenditure amendments of $644,229 until grant funds can be reimbursed by the US Housing and Urban Development Department (HUD). IX. UNFINISHED BUSINESS - NONE X. INTRODUCTION OF NEW BUSINESS - NONE XI. CITY ADMINISTRATOR'S REPORTS XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9, and Gilroy City Code Section 17A.11 (3) (b) One (1) Case as Defendant B. PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT; Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.11(2) Name/Title: Interim City Administrator 1. Public Comment on Closed Session Items 2. City Attorney’s Advice Re: Entering into Closed Session 3. Adjourn to Closed Session ADJOURN TO OPEN SESSION Report of any action taken in Closed Session and vote or abstention of each Councilmember if required by Government Code Section 54957.1 and Gilroy Code Section 17A.13 (a); Public Report of the vote to continue in closed session if required under Gilroy Code Section 17A.11 (5) ADJOURNMENT - Adjournment in Memory of Kobe Bryant MEETING DATES FEBRUARY, 2020 24* Regular Meeting - 6:00 p.m., City Council Chambers MARCH, 2020 2* Regular Meeting - 6:00 p.m., City Council Chambers City Council Regular Meeting Agenda 02/24/2020 Page6 16* Regular Meeting - 6:00 p.m., City Council Chambers APRIL, 2020 6* Regular Meeting - 6:00 p.m., City Council Chambers 20* Regular Meeting - 6:00 p.m., City Council Chambers 27 Special Joint Meeting with Valley Water and MH Council - 6:00 p.m., Morgan Hill Council Chambers MAY, 2020 4* Regular Meeting - 6:00 p.m., City Council Chambers 18* Regular Meeting - 6:00 p.m., City Council Chambers * meeting is webstreamed and televised Certificate of Recognition The City Council of the City of Gilroy Issues to Moe McHenry this Certificate in Recognition of Your Service to the City as Building Board of Appeals Member _________________ Roland Velasco, Mayor 2.A.1 Packet Pg. 7 Communication: Certificates of Appreciation to Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Marisela Castro this Certificate in Recognition of Your Service to the City as Community & Neighborhood Revitalization Committee Member _________________ Roland Velasco, Mayor 2.A.1 Packet Pg. 8 Communication: Certificates of Appreciation to Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Fabian Morales Medina this Certificate in Recognition of Your Service to the City as Historic Heritage Committee Member _________________ Roland Velasco, Mayor 2.A.1 Packet Pg. 9 Communication: Certificates of Appreciation to Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Steve Seebart this Certificate in Recognition of Your Service to the City as Historic Heritage Committee Member _________________ Roland Velasco, Mayor 2.A.1 Packet Pg. 10 Communication: Certificates of Appreciation to Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to David Fissel this Certificate in Recognition of Your Service to the City as Housing Advisory Committee Member _________________ Roland Velasco, Mayor 2.A.1 Packet Pg. 11 Communication: Certificates of Appreciation to Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Bruce Morasca this Certificate in Recognition of Your Service to the City as Housing Advisory Committee Member _________________ Roland Velasco, Mayor 2.A.1 Packet Pg. 12 Communication: Certificates of Appreciation to Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Terrie Berry this Certificate in Recognition of Your Service to the City as Parks & Recreation Commission Member _________________ Roland Velasco, Mayor 2.A.1 Packet Pg. 13 Communication: Certificates of Appreciation to Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Julie Garcia this Certificate in Recognition of Your Service to the City as Parks & Recreation Commission Member _________________ Roland Velasco, Mayor 2.A.1 Packet Pg. 14 Communication: Certificates of Appreciation to Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Linda Wieck this Certificate in Recognition of Your Service to the City as Personnel Commission Member _________________ Roland Velasco, Mayor 2.A.1 Packet Pg. 15 Communication: Certificates of Appreciation to Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Mercy Mollinedo-Goold this Certificate in Recognition of Your Service to the City as Physically Challenged Board of Appeals Member _________________ Roland Velasco, Mayor 2.A.1 Packet Pg. 16 Communication: Certificates of Appreciation to Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Rebecca Armendariz this Certificate in Recognition of Your Service to the City as Planning Commission Member _________________ Roland Velasco, Mayor 2.A.1 Packet Pg. 17 Communication: Certificates of Appreciation to Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Susan Rodriguez this Certificate in Recognition of Your Service to the City as Planning Commission Member _________________ Roland Velasco, Mayor 2.A.1 Packet Pg. 18 Communication: Certificates of Appreciation to Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Otmar Alvarado this Certificate in Recognition of Your Service to the City as Public Art Committee Member _________________ Roland Velasco, Mayor 2.A.1 Packet Pg. 19 Communication: Certificates of Appreciation to Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Armando Franco this Certificate in Recognition of Your Service to the City as Public Art Committee Member _________________ Roland Velasco, Mayor 2.A.1 Packet Pg. 20 Communication: Certificates of Appreciation to Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Bettye Chargin this Certificate in Recognition of Your Service to the City as Youth Commission Member _________________ Roland Velasco, Mayor 2.A.1 Packet Pg. 21 Communication: Certificates of Appreciation to Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Justin Fajardo this Certificate in Recognition of Your Service to the City as Youth Commission Member _________________ Roland Velasco, Mayor 2.A.1 Packet Pg. 22 Communication: Certificates of Appreciation to Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Akash Sabharwal this Certificate in Recognition of Your Service to the City as Youth Commission Member _________________ Roland Velasco, Mayor 2.A.1 Packet Pg. 23 Communication: Certificates of Appreciation to Outgoing Board, Commission and Committee Members 1 City Council Meeting Minutes 01/27/2020 City of Gilroy City Council Meeting Minutes January 27, 2020 I. OPENING A. Call to Order The meeting was called to order at 6:00 PM by 1. Pledge of Allegiance The pledge of allegiance was led by Council Member Marques. 2. Invocation There was none. 3. City Clerk's Report on Posting the Agenda City Clerk Shawna Freels announced that the agenda had been posted on January 23, 2020 at 10:30 a.m. Attendee Name Title Status Arrived Roland Velasco Mayor Present 6:00 PM Marie Blankley Council Member Present 5:45 PM Dion Bracco Council Member Present 5:47 PM Peter Leroe-Muñoz Council Member Present 5:54 PM Carol Marques Council Member Present 5:48 PM Fred Tovar Council Member Present 5:45 PM Cat Tucker Council Member Present 5:47 PM B. Orders of the Day Council Member Marques asked to move the state of the streets presentation up the agenda. The Council agreed to move item following Bids and Proposals. C. Employee Introductions Community Development Director Garner introduced newly hired Senior Planner Cindy McCormick and Planner I Kyle Jordan. Recreation Director De Leon introduced newly hired Recreation Facilities Attendant Mario Gutierrez and newly promoted Recreation Specialist Basillio Diego. Captain Espinosa introduced Police Records Technician Renee Hammer and Police Officer Miguel Martin Del Campo. IT Director Golden introduced newly promoted IT Applications Analyst Nathan Hand. II. CEREMONIAL ITEMS 6.A Packet Pg. 24 Communication: Minutes of the January 27, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 2 City Council Meeting Minutes 01/27/2020 A. Proclamations, Awards, and Presentations There were none. III. PRESENTATIONS TO THE COUNCIL Mathew Tinsley of the Santa Clara County Office of Education presented information on the Strong Start access to preschool program. Mark Turner spoke on the Chamber of Commerce and Economic Development Corporation partnership describing the six month plan to work on economic development activities, and he then detailed work in progress. Jan Bernstein Chargin spoke on the work of the South Valley Homeless Task Force and described the funding available for emergency shelters for the homeless through the HEAP funding. She then explained that when the winter shelters closed, there would be no place for the homeless requesting that the City consider other options. Janessa Villarreal spoke on the Compassion Center describing the need for financial aid for the unsheltered, and asked that a local state of emergency declaration be made to allow the City to apply for state funding. Dennis Klima spoke on the loss of his belongings that had been stored at the creekside and further described the community of homeless that lived in the area. Public comment was then closed. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco reported on the Library Joint Powers Authority meeting highlighting the information on the website including information on the Silicon Valley reads series. He then reported that the satisfaction survey of the County Library. Mayor Tempore Tucker spoke on the Santa Clara Valley Habitat Agency meetings describing the endowment fund to purchase land with habitat, and spoke on the monitoring of endangered species in the County. She concluded by reporting that the Visit Gilroy Board had approved the strategic marketing plan and goals for the year. Council Member Blankley reported on the work of the local representatives for VTA bus route improvements for south county, highlighted the train station dedication, and then spoke on the Historic Society annual luncheon. Council Member Marques detailed on the Downtown Business Association retreat and goals to create a brand for downtown. She reported on the Gilroy Gardens Board meeting announcing the February 18th joint meeting of Gilroy Gardens and the City Council, and spoke on the movie theater remodel. Council Member Tovar reported on the VTA Policy Advisory Committee meeting detailing funding for projects, and spoke on the adoption of the express bus partnership program. He then thanked the people involved in the local safe 6.A Packet Pg. 25 Communication: Minutes of the January 27, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 3 City Council Meeting Minutes 01/27/2020 routes to school program and concluded by sharing highlights of the train station plaque dedication. Council Member Leroe-Muñoz spoke on the Silicon Valley Regional Interoperability meeting and work on public safety communication improvements, and then reported on the Valley Water Commission meeting describing the calculations for water in Gilroy. He concluded by detailing the Garlic Festival Association annual dinner and described the sense of hope for a successful event in 2020. Mayor Velasco spoke on the Water District rates and the lower agriculture water costs that protected agriculture. He reported on the Santa Clara Valley Habitat Agency meeting and announced that the General Plan Advisory Committee held it's final meeting. He then reported on his meeting with Gilroy Unified School District announcing that they continued to have reduced enrollment in the schools. He thanked everyone who attended the train station plaque dedication and detailed the annual Historical Society meeting. Mayor Velasco concluded by announcing that he would not be running for Mayor in 2020. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Marques asked when the homeless report update would be presented. Council Member Tovar asked that a bike parking ordinance that the Bicycle Pedestrian Commission was working on could come to the Council. Council Member Blankley asked to agendize an item to form two Council ad-hoc committees; one to dive into the budget to propose funding to staff the 4th fire station, and one to participate in the Sharks negotiations. The Council agreed to agendize the items. VI. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker A. Minutes of the January 6, 2020 Regular Meeting B. Notice of Acceptance of Completion for the Citywide Pavement Maintenance Phase II Project No. 19-PW-252 C. Adoption of a Resolution 2020-03 of the City Council of the City of Gilroy to Declare Weeds and Refuse a Public Nuisance to Begin the Annual Weed and Refuse Abatement Process D. Certificates in Recognition of the 2020 Chamber of Commerce Spice of Life Awardees E. Approval of a Letter of Opposition to Senate Bill 50 (Wiener) That if Signed into Law Would Greatly Undermine Gilroy's Local General Planning Efforts by Allowing Developers to Make Local Planning and Zoning Decisions VII. BIDS AND PROPOSALS 6.A Packet Pg. 26 Communication: Minutes of the January 27, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 4 City Council Meeting Minutes 01/27/2020 There were none. VIII. PUBLIC HEARINGS A. Consideration of an Urban Service Area Request to Incorporate Approximately 55.66 Acres Located West of Wren Avenue, South of Vickery Avenue, and North and South of Tatum Avenue; and Just Outside the Northern City Limits Northeast of the Intersection of Vickery Lane and Kern Avenue, APNs 790-09-006, 008, 009, 010, 011; 790-17-001, 004, 005, 006, 007, 008, 009, 010; 790-06-017 and 790-06-018 into the Urban Service Area of the City of Gilroy; Applicants Wren Investors, LLC c/o Dick Oliver and Mark Hewell and David Sheedy (USA 12-01 and USA 14-02) Council Member Leroe-Muñoz announced that he lived within 500 feet of the subject site and would be recusing from deliberations on the item. He then left the Council chambers. The staff report was presented by Planner II Durkin. Council Members Bracco and Blankley each disclosed that they had individually met with applicant Dick Oliver. Mayor Velasco disclosed that he had spoken with the project engineer. The public hearing was opened. Dick Oliver, applicant, described the development and the history of the mapping of the project and described land use Mark Hewell spoke on the properties that were contiguous explaining the improvements that would be afforded with the annexation into the City. Victor Akylas stated that he was owner of a small portion of the project area and was in support of the proposal. The public hearing was then closed. Possible Action: Adopt a Resolution 2020-04 of the City Council of the City of Gilroy approving the Wren Investors and Hewell Urban Service Area Amendment mitigated negative declaration and mitigation monitoring and reporting program. RESULT: APPROVE [6 TO 0] MOVER: Marie Blankley, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Marques, Tovar, Tucker ABSTAIN: Peter Leroe-Muñoz x 6.A Packet Pg. 27 Communication: Minutes of the January 27, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 5 City Council Meeting Minutes 01/27/2020 Possible Action: Adopt a Resolution 2020-05 of the City Council of the City of Gilroy approving the Wren Investors and Hewell Urban Service Area Amendment urban service area applications USA 12-01 and USA 14-02, incorporating approximately 56 acres into Gilroy’s urban service area, Assessor Parcel 790-09-006, 008, 009, 010, 011; 790-17-001, 004, 005, 006, 007, 008, 009, 010; 790-06-017 and 790-06-018, filed by Wren Investors, LLC and Mark Hewell and David Sheedy, with the additional condition that the applicant indemnify the City. RESULT: APPROVE [6 TO 0] MOVER: Marie Blankley, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Marques, Tovar, Tucker ABSTAIN: Peter Leroe-Muñoz Council Member Leroe-Muñoz returned to the dais. IX. UNFINISHED BUSINESS A. Amendment to the Fiscal Year 2019-2020 General Fund Budget by Appropriating $5.825 Million of Unassigned Fund Balance to Projects Identified by the City Council The staff report was presented by Finance Manager Atkins. There were no public comments. Possible Action: Adopt Resolution 2020-06 of the City Council of the City of Gilroy amending the fiscal year 2019-2020 budget by $5,825,000 in the general fund and appropriating those funds to projects identified by the City Council. RESULT: APPROVE [UNANIMOUS] MOVER: Marie Blankley, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker X. INTRODUCTION OF NEW BUSINESS A. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Chapter 16 of the Gilroy City Code Entitled “Offenses - Miscellaneous” Adding New Sections 16.24 and 16.25 Pertaining to Imitation Weapons The staff report was introduced by Police Captain Espinosa. There were no public comments. 6.A Packet Pg. 28 Communication: Minutes of the January 27, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 6 City Council Meeting Minutes 01/27/2020 Possible Action: a) Motion to read the ordinance by title only and waive further reading. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker City Clerk Freels read the ordinance by title. Possible Action: b) Introduce an ordinance of the City Council of the City of Gilroy amending Chapter 16 of the Gilroy City Code entitled “Offenses - Miscellaneous” adding new sections 16.24 and 16.25 pertaining to imitation weapons. RESULT: APPROVE [6 TO 0] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker AWAY: Marie Blankley B. Request to Waive Permit and Service Fees by the Gilroy Memorial Day Events Committee and Determination that the Waiving of Fees for the 2020 Memorial Day Parade and Activities Constitutes a Public Purpose The staff report was presented by City Administrator Gonzalez. Public comment was opened. Christine West of the committee spoke in support of the honoring of the Veterans who were celebrated during the events. Geneve Flores also spoke in support of the request describing the benefit of the event to the community. Public comment was then closed. Possible Action: Declare that the Memorial Day parade and activities constitute a public purpose and approve an estimated $11,341 fee waiver request by the Gilroy Memorial Day Events Committee for the 2020 Memorial Day parade and activities RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker XI. CITY ADMINISTRATOR'S REPORTS A. Presentation on Pavement Management and the Pavement Condition of City of Gilroy Streets 6.A Packet Pg. 29 Communication: Minutes of the January 27, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 7 City Council Meeting Minutes 01/27/2020 The staff report was presented by Public Works Director Awoke and further presented by Engineer Than. Public comment was opened. Ron Kirkish spoke on the deteriorating streets explaining that the ballot measure that was proposed in 2016 would have helped to fund the repairs. Gary Walton spoke on the deterioration of the city’s streets. Public comment was then closed Possible Action: Receive report. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker City Administrator Gonzalez spoke on an off agenda report he would be sending on the streets had been paved over the last 3 years. XII. CITY ATTORNEY'S REPORTS There was none. XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9, and Gilroy City Code Section 17A.11 (3) (b) One (1) Case as Defendant B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec.17A.8 (a) (2); Properties:10th Street Bridge: APNs 808 - 19-007, 799-30-006, 799-30-007, 808-19-020, 808-50-999, Thomas Luchessa Bridge: APNs 808-21-025, 808-21-023, 808-21-021, 808-21-018, New Fire Station: APNs 808-18-003, 808-19-029; Negotiators: Gabriel Gonzalez, City Administrator; Other Party to Negotiations: Glen Loma Corporation, John M. Filice, Jr.; Negotiating Price and terms of payment regarding purchase, sale, exchange or lease City Attorney Faber explained that discussion of item XIII.A.in open session would unavoidably prejudice the city's position in the case. ADJOURNMENT The meeting adjourned at 9:19 p.m. /s/ Shawna Freels, MMC City Clerk 6.A Packet Pg. 30 Communication: Minutes of the January 27, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 1 City Council Meeting Minutes 02/3/2020 City of Gilroy City Council Meeting Minutes February 3, 2020 I. OPENING A. Call to Order The meeting was called to order at 6:01 PM by Mayor Roland Velasco 1. Pledge of Allegiance Council Member Blankley led the pledge of allegiance. 2. Invocation Pastor Malcolm MacPhail of New Hope Community Church led the invocation. 3. City Clerk's Report on Posting the Agenda Deputy City Clerk Guzzetta reported that the agenda was posted on Wednesday, January 29, 2020 at 6:00 p.m. Attendee Name Title Status Arrived Roland Velasco Mayor Present 5:45 PM Marie Blankley Council Member Present 5:54 PM Dion Bracco Council Member Present 6:01 PM Peter Leroe-Muñoz Council Member Present 6:01 PM Carol Marques Council Member Present 5:56 PM Fred Tovar Council Member Present 5:51 PM Cat Tucker Council Member Present 5:56 PM B. Orders of the Day C. Employee Introductions Police Chief Smithee introduced recently promoted Police Captain Jason Smith. Public Works Director Awoke introduced Maintenance Workers Matthew Hernandez and Christopher Macias. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations III. PRESENTATIONS TO THE COUNCIL Ray Ivicevich asked the Council for guidance regarding the Gilroy Master Plan for the Bike Park and where it can be found and questi oned if the City was involved with Kaiser in the bidding process to buy out the hospital in Gilroy. He felt that the presence of Kaiser would be a boon to the community. John Taft updated the Council on progress for Unreinforced Masonry buildings in Downtown, work on the design elements of Gourmet Alley, and started leasing activity in the Gourmet Alley area. He conveyed feedback on parking issues. 6.B Packet Pg. 31 Communication: Minutes of the February 3, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 2 City Council Meeting Minutes 02/3/2020 Gary Walton reported on the Gilroy Downtown Business Association retreat and annual report progress. A. Census Bureau Presentation on Census 2020 Census Bureau representative Ray Mueller, Community Ambassador, presented the report. IV. REPORTS OF COUNCIL MEMBERS Mayor Pro Tempore Tucker thanked the General Plan Advisory Committee for their time committed to updating the General Plan, and noted that the City postponed work on Master Plans until the General Plan update had been completed. Council Member Marques thanked Interim Fire Chief Bisbee for his work getting the Creamery cleaned up. She reported that she had the opportunity to tour the new Cinelux movie theatre. Council Member Tovar indicated he would attend the South County Regional Wastewater Authority (SCRWA) meeting on Wednesday as well as the Clean Energy Board, and he thanked the Chamber of Com merce for their work on the Spice of Life event. Council Member Leroe-Munoz noted that he would be attending Association of Bay Area Governments convening on Friday morning. Mayor Velasco reported on a conference call with the new representative of the Arts Center, and that they discussed using the parking lot for the community when Arts Center events were not occurring. V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker A. Minutes of the January 21, 2020 Special Meeting B. Claim of Colin Humber (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) VII. BIDS AND PROPOSALS A. Award of a Five Year Contract in the Amount of $2,116,257 to Tyler Technologies, Inc. for the Purchase and Implementation of Enterprise Resource Planning Software and Five Years of Annual Maintenance and License Fees Finance Director Forbis presented the report. 6.B Packet Pg. 32 Communication: Minutes of the February 3, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 3 City Council Meeting Minutes 02/3/2020 Possible Action: a) Award a five year contract to Tyler Technologies, Inc. in the total amount of $2,116,257 for the purchase of Enterprise Resource and Planning software and implementation at a cost of $1,010,117, and five years of annual maintenance and license fees at a cost of $221,228 annually, totaling $1,106,140 for the five-year term. b) Authorize the City Administrator to make minor edits and adjustments to contract language (not including term and cost), and execute the agreement and associated documents. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker x Award of a Five Year Contract in the Amount of $2,116,257 to Tyler Technologies, Inc. for the Purchase and Implementation of Enterprise Resource Planning Software and Five Years of Annual Maintenance and License Fees Possible Action: a) Award a five year contract to Tyler Technologies, Inc. in the total amount of $2,116,257 for the purchase of Enterprise Resource and Planning software and implementation at a cost of $1,010,117, and five years of annual maintenance and license fees at a cost of $221,228 annually, totaling $1,106,140 for the five-year term. b) Authorize the City Administrator to make minor edits and adjustments to contract language (not including term and cost), and execute the agreement and associated documents. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker B. Award of a Seven Year Contract in the Amount of $1,609,603 to Tyler Technologies Inc. for the Purchase and Implementation of a Land Management System Including Annual Maintenance and License Fees Assistant Director of Community Development O'Strander presented the report. Bill O'Connor questioned if a number listed on the agenda and in a table in th e report were transposed. Ron Kirkish opined on cybersecurity issues. 6.B Packet Pg. 33 Communication: Minutes of the February 3, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 4 City Council Meeting Minutes 02/3/2020 Possible Action: a) Award a seven year contract to Tyler Technologies Inc. in the amount of $1,609,603 for the purchase and implementation of a new land management system supporting development and inspection services, with a first year implementation cost of $584,479 and six years of annual maintenance and license fees in the amount of $170,854. b) Authorize the City Administrator to make minor edits and adjustments to the contract language (not including term and cost), and execute the agreement and associated documents. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker VIII. PUBLIC HEARINGS - NONE IX. UNFINISHED BUSINESS A. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Chapter 16 of the Gilroy City Code Entitled “Offenses - Miscellaneous” Adding New Sections 16.24 and 16.25 Pertaining to Imitation Weapons (introduced 1/27/2020 with a 6-0-1 vote, Council Member Blankley absent) Police Chief Smithee presented the report. Possible Action: Adopt an ordinance of the City Council of the City of Gilroy amending Chapter 16 of the Gilroy City Code entitled “Offenses - Miscellaneous” adding new sections 16.24 and 16.25 pertaining to imitation w eapons. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker X. INTRODUCTION OF NEW BUSINESS A. Acceptance of the Fiscal Year 2019 Audit and Comprehensive Annual Financial Report and Appropriations Limit for the Reporting Period of July 1, 2018 to June 30, 2019 Finance Manager Guerrero presented the report. Bill O'Connor complimented the City for the budget savings, but questioned why that happened. 6.B Packet Pg. 34 Communication: Minutes of the February 3, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 5 City Council Meeting Minutes 02/3/2020 Possible Action: Accept the report. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker B. Amendment to the Fiscal Year 2019 -2020 Budget in the Amount of $86,121 for Construction Management Services for the Bridge Deck Rehabilitation Project; No. 19-RFP-PW-421, Federal Project No. BPMP-5034(026) Public Works Director Awoke introduced the item. Senior Engineer Mahdavi presented the report. Ray Ivecivich questioned why there was only one bid response. Possible Action: Adopt a resolution of the City Council of the City of Gilro y amending the Fiscal Year 2019-2020 budget for the Transportation Grants Fund 224 increasing appropriations in the amount of $86,121. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker C. Establishment of Two Separate City Council Ad Hoc Committees 1) Economic Development Ad Hoc Committee Related to Discussions with Sharks Sports & Entertainment LLC and 2) Budget Ad Hoc Committee t o Identify Funding to Staff the Proposed Glen Loma Fire Station City Administrator Gonzalez presented the report. Economic Development Ad Hoc Committee - San Jose Sharks - Enable Council Members to participate in an official capacity in preliminary negotiations with the Sharks Sports & Entertainment LLC. - Purpose to work with the Sharks Sports & Entertainment, LLC in composing a draft memorandum of understanding (MOU) including possible details on an operating and management agreement in the event the City partners with the Sharks Sports & Entertainment LLC on the development and operations of an indoor recreational facility in Gilroy. - Term through June 2020 allowing for additional follow up by the committee such as community engagement after the term ends Budget Ad Hoc Committee - Glen Loma Fire Station - Term through June 2020, but may be extended - Purpose is to: o Identify funding for the Alternative Service Model beyond the pilot program expiration o Identify funding for staffing the station. 6.B Packet Pg. 35 Communication: Minutes of the February 3, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 6 City Council Meeting Minutes 02/3/2020 The Council approved the following Ad Hoc Committee membership: - Economic Development Ad Hoc Committee - San Jose Sharks o Bracco, Tovar, Marques - Budget Ad Hoc Committee - Glen Loma Fire Station o Tucker, Blankley, Velasco Possible Action: Establish the two separate ad hoc committees, and appoint Council Members to serve on the Economic Development Ad Hoc Committee - Sharks Sports & Entertainment, and on the Budget Ad Hoc Committee - Glen Loma Fire Station Proposed Staffing. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker XI. CITY ADMINISTRATOR'S REPORTS There was no report. XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION The City Attorney advised Council that they were entering into closed session on items 13 A, B, C and D as discussion in open session would unavoidably prejudice the City's position in the cases. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION; Paragraph (1) of Subdivision (d) of 54956.9 and Gilroy City Code Section 17A.11(3)(a); Case Name: Alma Ramirez, an individual; H.A. and L.A., both minors, as successors in interest to Hector Alvarez, deceased, by and through their guardian ad litem Alma Ramirez; vs. City of Gilroy, Adam Moon and Does 1 through 10, inclusive; Santa Clara Co. Superior Court, Case No. 17-CV-00625-HRL, Filed February 7, 2017 B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; Paragraph (1) of Subdivision (d) of 54956.9 and Gilroy City Code Section 17A.11(3)(a); Case Name: Jesus Martinez v. City of Gilroy, Robert Zuniga, Diana Barrett, Lamonte Toney, and Does 1 -10 (in their official and/or individual capacities), United States Northern District Court San Jose Branch, Case No. C19-02358 LHK, Filed May 1, 2019 C. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION; Paragraph (1) of Subdivision (d) of 54956.9 and GCC Section 17A.11(3)(a); Case: Martha Silos, an individual; Steven Juarez, Jr., an individual and as suc cessor in interest to Steven Juarez, deceased; Andrew Juarez, an individual and as successor in interest to Steven Juarez, deceased; Catrina Molina, an individual and as successor in interest to Steven Juarez, deceased; C.J., a minor, as successor in interest to Steven Juarez, by and through his guardian ad litem Catrina Molina; S.J., a minor, as successor in interest to Steven Juarez, deceased, by and through his guardian ad litem, Catrina Molina; N.J., a minor, as successor in interest to Steven Juarez, d eceased, by and through his 6.B Packet Pg. 36 Communication: Minutes of the February 3, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 7 City Council Meeting Minutes 02/3/2020 guardian ad litem, Augustina Armendariz v. City of Gilroy, MIchael McMahon individually and as an officer of the Gilroy Police Department, David Ludden, individually and as an officer of the Gilroy Police Department, Chris Silva individually and an officer of the Gilroy Police Department, Jason Greathead individually and an officer of the Gilroy Police Department,Martin Beltran individually and an officer of the Gilroy Police Department,Diana Barrett individually and an officer of the Gilroy Police Department, Kenneth Ellsworth individually and an officer of the Gilroy Police Department, and does1 -10, inclusive, United States Northern District Court-San Jose Branch, Case No. C19- 01283 EJD,filed March 9, 2019 D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9, and Gilroy City Code Section 17A.11 (3) (b) One (1) Case as Defendant E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec.17A.8 (a) (2) Property:140 Fifth Street, Gilroy (Willey House) Negotiators: Gabriel Gonzalez, City Administrator; Other Party to Negotiations; Dan Nelson and Frank Saseli of Green Age Development ; Under Negotiations: Price and Terms of Payment ADJOURNMENT The meeting adjourned at 7:49 p.m. /s/ Suzanne Guzzetta, CMC Deputy City Clerk 6.B Packet Pg. 37 Communication: Minutes of the February 3, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) City of Gilroy STAFF REPORT Agenda Item Title: Adoption of a New City of Gilroy Records Retention Schedule to Authorize the Maintenance and Destruction of City Records Meeting Date: February 24, 2020 From: Gabriel Gonzalez, City Administrator Department: City Clerk Submitted By: Shawna Freels Prepared By: Shawna Freels Suzanne Guzzetta Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Adopt a resolution of the City Council of the City of Gilroy repealing Resolution 2014 -11 in its entirety and adopting a new City of Gilroy records retention schedule to authorize the maintenance and destruction of City records. EXECUTIVE SUMMARY The City’s Records Retention Schedule establishes the retention periods for records and authorizes the disposition for the administrative, fiscal and legal records of the City. The retention schedule is intended to direct City Staff on the time frame in which to hold records, and when and how to dispose of them after they have exceeded their lifecycle. Retention periods are based upon federal, state, and local laws, business needs, and general knowledge as to how long records should be kept. Each five years the City 6.C Packet Pg. 38 reviews the schedule and updates it to ensure it is compliant with all legal requirements. The current schedule adopted in 2014 was thoroughly assessed in 2019, and an updated version is now being presented to the City Council for adoption. BACKGROUND After assessing industry best practices and the Secretary of State’s guidelines, the format of the records retention schedule was completely revised in 2014 to provide more simplified and well defined groupings of record categories. All categories include a full narrative of the content and also contain descriptions of the function or use of the record, with all statutory references as follows: Another significant enhancement to the records retention schedule is a section entitled “City wide records” which contains those records categories that the majority, if not all, departments maintain on a routine basis. Adding this section to the schedule eliminates the category redundancy found throughout the previous retention schedule and causes all departments to maintain these similar records using the same legal timeframe. The document is then broken into sections by division or department. Designated staff in each department began an extensive review of their particular area of the existing schedule in August of this year following a training conducted by the City Clerk’s Office. All new legal citations and statutory references were assembled and any department preferences outside of the minimum record retention period required by law were presented the City Clerk’s Office for evaluation during this update. The material was reviewed by the City Attorney’s Office and the City Administrator for concurrence. Record Series Name Also Called: When records go by more than one name, the alternative names are listed here. Function: In this section the purpose or function of the record is described. Content: A series of records may be comprised of several document types, documents that most likely will be found in this series are listed. Total Retention: This is the total amount of time that the City is required, either by federal, state, local statue or internal policy. Disposition: Disposition refers to what will be done at the end of a records lifecycle; either: destroyed, or destroyed securely Statutory Reference: This section will be used to note any applicable government code related to the record’s retention. Location Where the record is stored/can be found. Note: Any other notes, exceptions, or special instructions relating to the record or record series are listed here. Approval Date: This is the date that the specific record or record series was approved or updated. 6.C Packet Pg. 39 The Open Government Commission has also reviewed the revised city records retention schedule at their meeting on November 14, 2019. A redline version of the Records Retention Schedule featuring the changes made is included for your reference. The final version is attached to the resolution. CONCLUSION After reviewing the most current legal requirements for retention of records the five year update to the City’s schedule is being presented to the City Council for consideration and adoption. NEXT STEPS Following the adoption of the Records Retention Schedule staff will begin to implement the changes to the schedule within our records retention and disposition practices. Attachments: 1. Resolution RRS Adoption 2020 2. Records Retention Schedule Update - Redline Version 3. Records Retention Schedule Update 6.C Packet Pg. 40 RESOLUTION NO. 2020 -XX RESOLUTION NO. 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING RESOLUTION NO. 2014-11 IN ITS ENTIRETY AND ADOPTING A NEW CITY OF GILROY RECORDS RETENTION SCHEDULE TO AUTHORIZE THE MAINTENANCE AND DESTRUCTION OF CITY RECORDS WHEREAS, the City of Gilroy (“City”) accumulates records, and from time to time seeks to purge and destroy old records that are no longer needed or legally required to be maintained by the City; and WHEREAS, California Government Code Section 34090 et seq. authorizes the City and it’s departments and divisions to destroy, with specified exceptions, records not less than two (2) years old, pursuant to a resolution of the City Council and the written consent of the City Attorney; and WHEREAS, the City previously adopted Resolution No. 2014-11 entitled “the City of Gilroy Records Retention Schedule” which guidelines are presently outdated; and WHEREAS, the City has developed a new comprehensive city wide records retention schedule entitled “City of Gilroy Records Retention Schedule”, which includes current records retention and destruction time periods for the City, and is in statutory compliance with current laws. NOW THEREFORE BE IT RESOLVED THAT Resolution No. 2014-11 adopting the previous City of Gilroy Records Retention Schedule is hereby repealed in its entirety, and the City of Gilroy Records Retention Schedule dated December 2, 2019 and attached hereto as “Exhibit A” and incorporated herein by this reference is hereby adopted. BE IT FURTHER RESOLVED that pursuant to California Government Code Section 34090 et seq. all Department Heads are hereby authorized to destroy, with specified exceptions, those records identified within the schedule, with the written consent of the City Attorney which consent has been given. 6.C.a Packet Pg. 41 Attachment: Resolution RRS Adoption 2020 [Revision 1] (2552 : Records Retention Schedule Update) RESOLUTION NO. 2020-XX PASSED AND ADOPTED this 3rd day of February, 2020 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ____________________________ Roland Velasco, Mayor ATTEST: ____________________________ Shawna Freels, City Clerk 6.C.a Packet Pg. 42 Attachment: Resolution RRS Adoption 2020 [Revision 1] (2552 : Records Retention Schedule Update) RESOLUTION NO. 2020-XX 6.C.a Packet Pg. 43 Attachment: Resolution RRS Adoption 2020 [Revision 1] (2552 : Records Retention Schedule Update) CITYWIDE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Citywide Administrative Policy & Procedure Also Called: General Orders Function: Documents the policies, procedural directives and manuals developed by the City to govern its internal management functions. Content: May include, but not limited to internal policies, rules and regulations. Total Retention: Superseded + 2 years Disposition: Destroy Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Annual & Special Reports Also Called: Function: Reports documenting the accomplishments, activities or programs of the City. Content: May include, but not limited to statistical analysis, narratives, graphs, diagrams, annual reports, status and progress reports, and similar information. Total Retention: 2 years Disposition: Destroy Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Banking Records (Department Level) Also Called: Account Statements, Deposit Books, Deposit and Withdrawal Slips, Cancelled Checks, Check Registers, Bank Statements and Receipts Function: Records documenting the banking transactions with financial institutions, and the current status of public funds. Content: May include, but not limited to bank and account numbers, transaction dates, beginning balance, check or deposit amount, document numbers, refunds, adjustments, description of transactions, ending balance, and other related information. Total Retention: Audit + 5 years Disposition: Destroy Securely Statutory Reference: 26 CFR 16001-1; CA GC §34090 Note: Approval Date: February 3, 2014 Calendar and Scheduling Records Also Called: Appointment books, work schedules, planners, daily assignment sheets Function: Records kept that document and facilitate the routine planning and scheduling of meetings, appointments, daily tasks, work assignments, shift assignments, vacation and/or day off schedules. Content: May include, but not limited to weekly schedule sheets, work schedules, appointment logs, and work assignment memos. Total Retention: 2 years Disposition: Destroy Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 1 6.C.b Packet Pg. 44 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) CITYWIDE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Chemical and Hazardous Material Inventories Also Called: Function: Documents chemicals and hazardous materials owned and/or used by the City in the course of business. Content: May include, but not limited to, material safety data sheets, disposal, use and storage records. Total Retention: 30 years Disposition: Destroy Securely Statutory Reference: 8 CCR §3204 Note: Approval Date: February 3, 2104 Complaint Files - Personnel Also Called: Function: Documents complaints about customer service, employees, employee actions or employee conduct. Content: May include, but not limited to complaint, correspondence and documented counseling. Total Retention: Resolution of complaint + 5 years Disposition: Destroy Securely Statutory Reference: CA GC §12946; EVC §1045; PC §801.5, 803(c); 29 USC 1027; 29 USC 1113; 29 CFR 1602 Note: Does not include complaints or investigations of a peace officer involved shooting Approval Date: February 3, 2014 Contracts and Agreements (Department Level) Also Called: Memorandum of Understanding (MOU); Rental Agreements. Function: Official agreements enforceable by law to acquire or provide services, equipment, or maintenance. Documents the terms and conditions of agreements between the City, private companies, other public agencies, and individuals. Content: May include copy of contracts, exhibits, bid documents, change orders and amendments and significant related correspondence. Information in contracts usually includes contract numbers, certificate of required insurance, dates, terms, parties involved, period covered, and other supporting documents used in managing the contract. Total Retention: Capital Improvement contracts – permanent All others – end of contract + 5 years. If contract requires an audit – total retention + completion of audit, whichever is greater Disposition: Destroy Securely Statutory Reference: CA GC §337, 337.1(c); 337.15, 343; CA GC 53066; CA GC 4004; CA GC §34090; GCC §17A.24.3a, 17A.24.3b(c), CA CCP 338.1 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 2 6.C.b Packet Pg. 45 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) CITYWIDE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Correspondence Also Called: Function: Correspondence that pertains to routine matters. Content: May include, but not limited to incoming and outgoing letters, email, memorandums, notes, acknowledgements, reports, notices or requests. Total Retention: 2 years Disposition: Destroy Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Employee Records (Department Level) Also Called: Function: Records documenting an employee’s history at the department level. Content: May include, but not limited to copies of personnel action forms, leave of absence forms, safety and training records, correspondence, time off requests, commendations, citations, and other employee related information. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA GC §12946 Note: Approval Date: February 3, 2014 Equipment Ownership and Maintenance Records (except Fleet & Facilities) Also Called: Legal Titles, Warranties, Maintenance Logs Function: Records documenting the legal ownership and maintenance of all city-owned equipment. Content: May include, but not limited to date of purchase or lease, purchase price, warrantee information, ownership information, owner’s manual, maintenance logs, and maintenance/service agreements. Total Retention: Life of the equipment, but not less than 2 years Disposition: Destroy Statutory Reference: CA GC §34090 Note: Also see Fleet & Facilities Vehicle Maintenance Ownership and Maintenance Record Approval Date: February 3, 2014 Revised Date: February 24, 2020 Events – City Sponsored Also Called: Festivals, Galas, Anniversary Celebrations, Receptions Function: Records the history and planning of events sponsored by the City. Content: May include, but not limited to mailing lists, invitations, photographs, media releases, correspondence, and event diagrams, and agenda. Total Retention: 2 years Disposition: Destroy Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 3 6.C.b Packet Pg. 46 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) CITYWIDE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Gifts, Contributions, and Donations to the City Also Called: Memorials, Fundraising records Tributes Function: Records document gifts and contributions to the City that result from fundraising efforts, donations, memorials, or tributes by private individuals or corporations. Content: May include, but not limited to donor and acknowledgement letters, acquisition lists itemizing purchased made with contributed money (books, art, equipment, etc.) checks, receipts, conditions or restrictions, history of fundraising events and related administrative records. Total Retention: Gift with conditions and/or restrictions – Permanent or Deaccessioned Inventory List – Until Superseded All other records – 2 years Disposition: Statutory Reference: CA GC §34090 Note: See also: Recreation - Museum Approval Date: February 3, 2014 Revised Date: February 24, 2020 Grant Records (Development Level) Also Called: Function: Documents the application, evaluation, awarding, administration, monitoring, and status of grants in which a local government entity is the recipient, grantor, allocator, or administer. Grants may come from federal or state governments, foundations or other private funding sources. Content: Records may include buy not limited to: applications including project proposals, summaries, objectives, activities, budgets, exhibits, an aware notification, grant evaluation records and recommendations concerning grant applications, grant administration records including progress reports, budgets, project objectives, proposals, and summaries, records documents allocations of funds, contracts, records monitoring project plans and measuring achievement, equipment inventories, financial reports, accounting records, audit reports, expenditure reports, and related correspondence and documents. Total Retention: Successful grants – completion of grant program + 10 years If grant requires an audit – total retention + completion of the audit; whichever is longer HUD Grants – 3 years CDBG/HTF Grants – 4 years Unsuccessful grants – 2 years If grant requires an audit – total retention + completion of the audit; whichever is longer Disposition: Destroy Securely Statutory Reference: CA GC §34090; 2 CFR 200.333; 21 CFR 1403.36(i)(11) & 1403.42(b); 24 CFR 85.42, 91.105(h) & 570.502(b), 29 CFR 97.42; 24CFR 85.42, 24 CFR 570.502 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 4 6.C.b Packet Pg. 47 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) CITYWIDE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Insurance Policy and Certificate of Insurance Also Called: Function: Documents the terms and conditions of insurance policies between the City and insurers. Types of insurance include liability, property, group employee health and life, motor vehicle, workers’ compensation, and others. Proof of insurance includes certificates and endorsements documents insurance coverage required for city contracts, permits, leases and all other agreements. Content: Records including policies, insurance certificates, endorsements, premium rate change notices, agent of records, and related documents. Total Retention: Termination of contract, lease, permit and other agreements + 5 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA GC §12946; CCP §337, CCP 338.1 Note: Insurance certificates related to contracts and agreements are maintained in the City Clerk’s Office. All others are maintained in the Human Resource department. Approval Date: February 3, 2014; Revised February 24, 2020 Revised Date: February 24, 2020 Loan Records Also Called: Function: Records relating to loans issued or monitored by the City. Content: May include, but not limited to, loan applications, correspondence, program guidelines, loan ledgers, subordination requests, payment schedules, approvals, and documentation of monies loaned by the City. Total Retention: Final Payment + 4 years Disposition: Destroy Securely Statutory Reference: CCP 337 Note: Approval Date: February 24, 2020 Meeting Records (for Council, Boards, Commissions, Committees, and all other Brown Act Bodies) Also Called: Policy Advisory Body Meeting Records Function: Documents the proceedings of public bodies governed by the Brown Act and Gilroy Open Government Ordinance Content: May include agendas, exhibits, indexes, staff reports, affidavits, correspondence, speaker slips, closed session meeting materials, rules of procedure or Bylaws, proof of publication, audio and/or video recordings, minutes, resolutions and ordinance, and other related documentation, Total Retention: Minutes, resolutions and ordinances – permanent Speaker cards – 90 days Audio and video recordings – 20 years Rules of procedure/Bylaws – superseded + 2 years All other documents – 2 years Disposition: Destroy 5 6.C.b Packet Pg. 48 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) CITYWIDE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Statutory Reference: CA GC §34090; GCC 17.A.15 Article II Note: The City Clerk’s Office is the office of record for meeting records pertaining to the City Council and all standing committees of the Council. All other meeting records are maintained in the department that supports the particular Policy Body. Approval Date: February 3, 2014 Revised Date: February 24, 2020 Meeting Records for Non-Brown Act Bodies Also Called: Internal Meetings, Subcommittee Meetings Function: Documents the proceedings of meeting bodies that are not governed by the Brown Act. Content: May include minutes, agendas, correspondence, and audio or visual recordings. Total Retention: 2 years Disposition: Destroy Statutory Reference: CA GC §34090 Note: Records from meetings that are not open to the public and/or subject to the Brown Act or Gilroy Open Government Ordinance. Approval Date: February 3, 2014 Revised Date: February 24, 2020 News Releases Also Called: Function: Prepared statements and announcements issued to the news media by the City. Content: May include, new releases, media advisories, radio messages, message boards and presentations Total Retention: 2 years Disposition: Destroy Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Participant Registration and Attendance Records (Department Level) Also Called: Function: Documents the registration and attendance of participants in sponsored events, activities, and classes. Content: Records may include registration forms or cards, class or activity rosters, consent/waiver forms, and related documents. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Project & Administrative Files (Department Directors) Also Called: Function: Records created by executive city staff that document the research, creation, application of community projects, programs, or document the leadership role and decision making process of city executives. Content: May include, but not limited to project or program files, executive administration files. Total Retention: Project completion + 2 years Disposition: Destroy Statutory Reference: CA GC §34090 6 6.C.b Packet Pg. 49 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) CITYWIDE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Note: Approval Date: February 3, 2014 Public Records Request Also Called: Requests for Public Records, California Public Record Act Requests, PRA’s, Freedom of Information Act (FOIA) Requests Function: Requests for information pursuant to California Government Code §6250 and GCC Section 17.A. Content: May include, but not limited to a description of the records being requested, Records Request Form, correspondence, request tracking records. Total Retention: 2 years Disposition: Destroy Statutory Reference: CA GC §34090; GCC 17.A Article III Note: Original request logs are maintained in the City Clerk’s Office, Police Records Division and Fire Department Administration Approval Date: February 3, 2014 Revised Date: February 24, 2020 Publications Also Called: Newsletters Function: Publications produced by the City and made available to the public. Content: May include, newsletters, pamphlets, brochures, leaflets, reports, studies, proposals, and similar published records. Total Retention: Superseded Active + 2 years Disposition: Destroy Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Request for Qualifications, Proposals & Bids Also Called: RFP, RFQ, RFI and/or Bids Function: Records related to contract proposals for City projects and/or purchases. Content: May include, but not limited to request for proposals (RFP), request for qualifications (RFQ), request for information (RFI), bid exemption documents, bid and quote lists, notices of bid opening and award, comparison summaries, spreadsheets, tabulation worksheets, bid advertising records, tally sheets, bid specifications, bid award letter, and other related correspondence or records. Total Retention: Unsuccessful Bid, RFP, RFQ, or RFI – 2 years Successful Bid, RFP, RFQ , or RFI – end of contract + 5 years If audit required – end of contract + 5 years or total retention + completion of the audit; whichever is greaterlonger Disposition: Destroy Securely Statutory Reference: CCP §337; CA GC §34090; GCC §17A.24(c).3 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 7 6.C.b Packet Pg. 50 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) CITYWIDE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Special Events Also Called: Special Event Permits Function: Records supporting the process to request a Special Event permit for block parties, street closures, parades, circus or carnival, film permit. Content: May include, but not limited to, application form, correspondence, event diagram. Total Retention: Completion of event + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Speeches Also Called: Function: Documents the history of speeches delivered by City staff and Elected Officials. Content: Records may include notes or text of speeches, papers, or reports delivered in conjunction with City business. Total Retention: 2 years Disposition: Destroy Statutory Reference: CA GC §34090; GCC 17.A Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Surveys and Questionnaires Also Called: Function: Records related to data collection. Content: May include, notes or papers used to develop survey tools, data collection tools, results or analysis of collected data, and reports. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Technical Manuals, Specification, and Warrantees Also Called: Function: Owner’s manuals and warranties for City owned vehicles and equipment. Content: Specifications, operating instructions, safety information, warranties and terms of coverage. Total Retention: Manuals – life of the equipment, but not less than 2 years Warranties – warranty expiration, but not less than 2 years Disposition: Destroy Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 8 6.C.b Packet Pg. 51 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) CITYWIDE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Work Orders Also Called: Maintenance, Service, Technical Requests, Services Requests Function: Internal records documenting requests and authorizations for services, including equipment and other City owned property. Content: May include, but not limited to service and installation requests, repair authorizations, orders for scheduled and unscheduled maintenance. Total Retention: 2 years Disposition: Destroy Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 9 6.C.b Packet Pg. 52 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) ADMINISTRATION RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Economic Development Project Files Also Called: Function: Records documenting project research, project planning and project development. Content: May include, but not limited to, correspondence, individual project agreements, research data and funding records. Total Retention: Completed projects (Planning Related) – Permanent Other Completed Projects – Permanent (department preference) * Prospected projects – 2 years or project abandoned, whichever is longer Disposition: Destroy Statutory Reference: CCP §337; GC §34090; GCC §30.51.10(d) Note: Series transferred from Community Development on February 24, 2020; Approval Date: February 3, 2014 Revised Date: February 24, 2020 Photographs and Clippings Also Called: News clippings Function: Documents an event, time period, department, or the city generally in chronological order, or similar records of the City’s history. Content: May include, but not limited to news clippings, photographs, timeline graphs, and other memorabilia that commemorates an event. Total Retention: Items of Historic Value – Permanent All other records – 2 years Total Retention: Permanent Disposition: Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 * Retention required by law: Close of Project + 5 years 10 6.C.b Packet Pg. 53 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) CITY ATTORNEY RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 24, 2020 Page Advice Files Also Called: Advisory files Function: Legal advice to City departments Content: All documents relating to subject. Total Retention: 4 years (department preference) * Disposition: Destroy Securely Statutory Reference: CA CCP 34090 Note: Approval Date: February 3, 2014 Advice Files – Bonds Also Called: Bond and Assessment Districts files Function: Legal advice on bond and assessment district issues. Content: All documents relating to subject. Total Retention: Municipal Bonds and Assessment District life + 10 years Disposition: Destroy Securely Statutory Reference: CA CCP 337.5, 337.6; CA GC 34090; CA GC 53921 and 43900 et seq. Note: Approval Date: February 3, 2014 Closed Session Materials Also Called: Function: Brown Act Requirement and Tracking Council Actions. Content: Itemized actions requested Total Retention: Until no longer needed but no less than 2 years (department) * Disposition: Destroy Securely Statutory Reference: CA GC 34090 Note: Approval Date: February 3, 2014 Code Files (Civil) Also Called: Abatement; injunctions; nuisance; gun and drug evictions Function: Case files Content: Moving papers and other case related documents Total Retention: Case Resolution + 5 years (department preference) ** Disposition: Destroy Securely Statutory Reference: CA GC 34090 Note: Lead agency is the office of record Approval Date: February 3, 2014 * Retention required by law: 2 years ** Retention required by law: Case Resolution + 2 years 11 6.C.b Packet Pg. 54 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) CITY ATTORNEY RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 24, 2020 Page Criminal Prosecution Files Also Called: Misdemeanor Files; Infraction Files Function: Criminal case files Content: Citations, complaints, warrants, other case documents Total Retention: 1 year active; 4 years inactive – total 5 years (department preference) * Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Presiding court is office of record. Approval Date: February 3, 2014 Legal Opinions Also Called: Opinion memos Function: Advice memoranda to client departments Content: Memoranda in written or electronic format. Total Retention: Permanent or until superseded (department preference) ** Disposition: Store in paper or electronic format; do not destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Litigation Files Also Called: Lawsuits Function: Civil Case files Content: All documents relating to case including complaints, police reports, court orders, motions, notes, briefs, closing statements, including Pitchess Motions and Weapon Destruction Petitions. Total Retention: Until no longer needed (at least 5 years) Disposition: Storage; save dispositive orders and agreements to electronic format and destroy paper after retention Statutory Reference: CCP §335 et seq.; GC §911.2, 945, 34090, 34090.6; EC §1040, 1043 and 1045; PC §832.5, 832.7 Note: Presiding court is office of record Approval Date: February 3, 2014 Outside Counsel Agreements Also Called: Retainer letters; RFQ/Proposal for Legal Services Function: Advice memoranda to client departments Content: MRFQ and current retainer agreement. Total Retention: Lifetime of matter for which firm is retained (department preference) *** Disposition: Destroy paper file and/or store electronically after retention Statutory Reference: GC §34090; CCP §337 Note: Original contracts, agreements and MOU’s are held by the City Clerk’s Office Approval Date: February 3, 2014 * Retention required by law: inactive + 2 years ** Retention required by law: active + 2 years *** Retention required by law: active + 4 years 12 6.C.b Packet Pg. 55 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) CITY ATTORNEY RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 24, 2020 Page Tenders of Defense Also Called: Tender letters Function: Request and agreement for representation between City employee and the City Attorney Content: Original Consent to Representation/Waiver of Conflict and Notification of Lawsuit/ Request for Defense forms. Total Retention: Until no longer required (department preference) * Disposition: Destroy paper file and/or store electronically after retention Statutory Reference CCP §335 et seq.; GC §911.2, 945, 34090 Note: Approval Date: February 3, 2014 * Retention required by law: 5 years 13 6.C.b Packet Pg. 56 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) CITY CLERK RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 2014February 24, 2020 Page Annexations Also Called: Function: Documents the history of land annexations. Content: May include, but not limited to correspondence, agreements, recorded maps, public notices, and reports. Total Retention: Permanent Disposition: Statutory Reference: CA GC §34090 Location: City Clerk’s file roomrecord room Note: Approval Date: February 3, 2014 Assessment Proceedings Also Called: Improvement Districts, Community Facilities Districts, Business Improvement Districts Function: Document the tabulation of ballots relating to assessment districts such as community facilities districts, landscape and lighting districts, and property and business improvement districts. Content: May include ballots and certifications, correspondence and other related documents. Total Retention: PermanentLife of District + 2 years Disposition: Statutory Reference: CA EC §17302, EC 17306, CA Constitution Article XIII, CA GC §34090, 53753(e)(2) Location: City Clerk’s file roomrecord room Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Board, Commission and Committee Appointments Also Called: Function: Administrative files of persons appointed to a City of Gilroy board, commission or committee, including ad-hoc, task force and sub-committees. Content: May include, but not limited to the member’s application, oath of office, ethics training certificate, OGO training certificate, and correspondence. Total Retention: End of term appointed term + 5 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA GC §53235.2(b); GCC §17A.37.A Location: City Clerk’s file roomrecord room Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 14 6.C.b Packet Pg. 57 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) CITY CLERK RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 2014February 24, 2020 Page Boards, Commissions and Committees Recruitment (Unsuccessful) Also Called: Function: Documents the recruitment process of persons who have applied to serve on a City Board, Commission or Committee. Content: May include, but not limited to applications, recruitment administrative records, announcements and correspondence. Total Retention: Duration of the selection process (current year) + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Location: City Clerk’s file roomrecord room Note: See Board, Commission and Committee Appointments for records of successful applicants Approval Date: February 3, 2014 Charter and Articles of Incorporation Also Called: Function: A written instrument that creates and defines the right and privileges of the City. Content: May include, but not limited to original charter, petitions for incorporation, constitution, by- laws, and amendments. Total Retention: Articles of Incorporation – permanent City Charter – supersededpermanent Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA GC 34458-60; Gilroy City Charter Location: City of Gilroy Vault Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 City Code Also Called: Function: The City Code documents all ordinances and ordinance amendments passed by the Gilroy City Council. The City Code is updated as new ordinances are adopted by the City Council. Content: City of Gilroy Code contains all ordinances and ordinance amendmentsactive legislative action for the City of Gilroy. Total Retention: Permanent Disposition: Statutory Reference: CA GC §34090(e) Location: City Clerk’s file roomrecord room Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 City Council Resolutions and Ordinances Also Called: Function: Legislative and non-legislative actions that documents the City’s policy development. An ordinance defines a law set forth by the City Council; a resolution is a formal expression of opinion, will, or intent voted by the official body. Content: Final, numbered, signed resolutions and ordinances Total Retention: Permanent Disposition: 15 6.C.b Packet Pg. 58 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) CITY CLERK RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 2014February 24, 2020 Page Statutory Reference: CA GC §34090(e) Location: City of Gilroy Vault Note: Approval Date: February 3, 2014 City Seal and Flag Also Called: Function: Record the history of currently in use City Seal and FlagHistoric record of revisions to City Seal and Flag. Content: Total Retention: Permanent Disposition: Statutory Reference: CA GC §34090 Note: The City Seal is the official mark of the City, generally used in embossed form to guarantee the authenticity of a City document Approval Date: February 3, 2014 Revised Date: February 24, 2020 Contracts and Agreements Also Called: Memorandum of Understanding (MOU) Function: Official agreements enforceable by law to acquire or provide services, equipment, or maintenance. Documents the terms and conditions of agreements between the City, private companies, other public agencies, and individuals. Content: May include contracts, agreements, exhibits, change orders and amendments and significant related correspondence. Information in contracts may include certificate of insurance, dates, terms, parties involved, period covered, and other supporting documents used in managing the contract. Total Retention: Capital Improvement contracts – permanent Non-capital contracts end of contract + 5 years. If contract requires an audit, the records shall be held the total retention + completion of audit. Disposition: Destroy Securely Statutory Reference: CA GC §337; 337.1(a); 337.15, 343; GC §34090; GCC §17A.24(c) Location: City Clerk’s file roomrecord room Note: Approval Date: February 3, 2014 Elections Also Called: Function: Records the activities of the general and special elections. Content: May include, but not limited to candidate nomination papers, candidate statements, ballot designation worksheet, candidate information request form, voluntary expenditure ceiling statement, code of fair campaign practices form, canvass, oath of office, election calendar, City Attorney analysis, and arguments/rebuttals for City ballot measures, and referendum and initiative petitions. Total Retention: Certified election results (canvass) – permanent Successful candidates end of term +7 years Unsuccessful candidate election + 5 years Election calendar election + 2 years Ballot measures election + 6 8 months Petitions shall be retained until election results are certified or final examination if no election + 8 months 16 6.C.b Packet Pg. 59 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) CITY CLERK RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 2014February 24, 2020 Page Disposition: Destroy Securely Statutory Reference: CA GC §34090, CA GC §81009; CA EC 17302, CA EC 17200, CA EC 17400 Location: City Clerk’s file roomrecord room Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Eminent Domain Also Called: Function: Records relating to the process initiated by the City to acquire private property for public use. Content: May include, but not limited to, relocation assistance, title reports, settlement statements, and acquisition agreements. Total Retention: Deed, title report and court documents – permanent. All other close + 10 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; 14 Cal Code Regs §15095(c), proposed disposition meets “reasonable period of time” requirement Location: City Clerk’s file roomrecord room Note: Approval Date: February 3, 2014 Fair Political Practices Commission (FPPC) Filings Also Called: FPPC Filings, Form 400, 500, 700, and 800 series. Function: Documents the history of candidate financing and economic interest statements of elected officials, appointed members and employees specified in the City Conflict of Interest Code. Content: May include, but not limited to FPPC Forms 400 Series – Campaign Disclosure Forms, Statement of Organization; FPPC Form 500 Series – Candidate Intention Statement; FPPC Forms 700 Series – Statements of Economic Interests; FPPC Forms 800 Series – Gifts, Tickets, Behest Payments, Agency Report of Public Official Appointments. Total Retention: Form 400 Series – Campaign Disclosure Forms (successful candidate) - permanent Form 400 Series – Campaign Disclosure Forms (unsuccessful candidate) election +7 years Form 400 Series – Statement of Organization end of term + 7 year Form 500 Series – Candidate Intention Statement (successful candidate) – permanent Form 500 Series – Candidate Intention Statement (unsuccessful candidate) – election + 7 year Form 700 Series – Statement of Economic Interests end of term + 7 years Form 800 Series – Gifts, Tickets, and Behest Payments end of term + 7 years Form 800 Series – Agency Report of Public Official Appointments until superseded Disposition: Destroy Securely Statutory Reference: CA GC §34090; FPPC Reg. # 81009 Location: City Clerk’s file roomrecord room Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Initiative, Recall, or Referendum Petitions Also Called: Function: Documents the submission and processing of initiatives, recalls, or referendum petitions. 17 6.C.b Packet Pg. 60 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) CITY CLERK RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 2014February 24, 2020 Page Content: May include, but not limited to published certification, petition, correspondence, notice of intent, ballot title. Total Retention: Petitions shall be retained until election results are certified or final examination if no election + 9 months Disposition: Destroy Securely Statutory Reference: CA GC §34090, CA EC §17200, §17400 Location: City Clerk’s file room Note: Approval Date: February 3, 2014 Records Management Also Called: Function: Documents the authorize retention, scheduling, inventory and disposition of public records. Content: May include, but not limited to procedural guidelines, records retention schedules, inventory reports, disposal lists, and destruction reports. Total Retention: Disposal lists, and destruction reports – permanent Records retention schedules, policies and procedures shall be retained until superseded + 2 years All other administrative records management records shall be retained for 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Location: City Clerk’s file roomrecord room Note: Approval Date: February 3, 2014 18 6.C.b Packet Pg. 61 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) COMMUNITY DEVELOPMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Building Project Files Also Called: Construction Files, Construction Permits Function: Records serve as official authorization for construction and infrastructure work within the City. Content: May include, but not limited to, building, construction, applications, permits, grading, installation of plumbing, electrical, mechanical equipment and other related work, signs, grading, encroachment, street, sidewalk and curb alterations, utilities, transportation and temporary uses. Total Retention: Non-residential building plans – life of building + 5 years Building Permits – permanent (department preference – minimum 5 year retention required by law)life of building + 5 years All other records – completed + 2 years Disposition: Destroy Statutory Reference: CA GC 4004; CA GC §34090; H&S §19850; CA CBC 1.8.4.3.1 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Capital Improvement Construction Records Also Called: City Owned Facility Construction Records Function: Documents the construction of city owned facilities. Content: May include, but not limited to, blueprints, plans, specifications, permits, and other related material. Total Retention: Permanent (department preference)* – life of building + 5 years retention is required by law) Disposition: Statutory Reference: CA GC §34090; CA H&S §19850 Note: Original contracts and agreements are kept in the City Clerk’s Office; Retention required by law: life of building + 5 years Approval Date: February 3, 2014 Revised Date: February 24, 2020 Code Enforcement Complaint Files Also Called: Function: Documents complaints regarding building, housing, zoning, blighted property, illegal structures, weed abatement, vehicle abatement, and citationsDocuments complaints regarding building, housing and mobile home code violation, blighted property, illegal structures, weed abatement, vehicle abatement, and citations. Content: May include, but not limited to, complaint form, case files, correspondence, lien notices, and photos. Total Retention: Recorded liens – permanent Complaint Files related to Prior Liens, Illegal Conversions, and Hoarding – Permanent (department preference) ** All other records – close of enforcement + 5 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA FC 104.6; CCP 337 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 * Retention required by law: life of building + 5 years ** Retention required by law: close of enforcement + 5 years 19 6.C.b Packet Pg. 62 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) COMMUNITY DEVELOPMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Economic Development Project Files Also Called: Function: Records documenting project research, project planning and project development. Content: May include, but not limited to, correspondence, individual project agreements, research data and funding records. Total Retention: Completed projects – Permanent (department preference – close of project + 5 years retention is required by law) Prospected projects – until no longer needed, but not less than 2 years Disposition: Destroy Statutory Reference: CA GC §34090; CCP 337 Approval Date: February 3, 2014 Environmental Quality Also Called: CEQA Function: Records relating to California Environmental Quality Act (CEQA), asbestos, soil, environmental and congestion management Content: May include, but not limited to, correspondence, analysis, abatement projects, exemptions, environmental impact reports and drafts, mitigation monitoring, negative declaration, notices of completion and determination, statements of overriding considerations Total Retention: Asbestos, CEQA, Soil Reports – permanent CEQA – Permanent (Department Preference)* Asbestos, Soils Reports – Project Completion + 10 years (Department Preference)** Final EIR - Permanent All other – closed + 5 years Disposition: Destroy Statutory Reference: 8 CCR §10102; CEQA Guidelines 15095, 15095(c) (c), GCC 30.51.10(d) Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 General Plan, Housing Element and Other Specific or Master Plans Also Called: Neighborhood Plans, Community Plans, Specific Plans, Master Plans Function: Records documenting the preparation and adoption of the general plan and amendments, housing element, community plans, neighborhood plans, specific plans, master plans, land use and infrastructure studies, and other plan updates. Content: May include, but not limited to, plan documents and elements, notices, project correspondence, studies, staff reports, or other related materials Total Retention: Plan documents and elements – permanent (department preference)*** – superseded +2 years is required by law) General Plan Amendment Applications - permanent All other records – completion + 23 years (department preference – minimum 2 year retention required by law Disposition: Destroy Statutory Reference: CA GC §34090, GCC 30.51.10(d) Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 * Retention required by law: A reasonable period of time ** Retention required by law: 2 years *** Retention required by law: superseded + 2 years 20 6.C.b Packet Pg. 63 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) COMMUNITY DEVELOPMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Hazardous Materials and Hazardous Waste Also Called: Function: Records relating to hazardous materials storage, pest control, underground storage tanks and household hazardous waste programs and waste regulating programs. Content: May include, but not limited to, correspondence, training materials, permits, pesticide applications, inspections, sampling documents; location, installation, removal and remediation of underground tanks and maintenance and operations Total Retention: Underground storage tanks – permanent Household hazardous waste programs superseded + 23 years California Unified Program Agency Records – 5 years All other records – closed + 2 years Disposition: Destroy Securely Statutory Reference: HSC §12946; CA H&S §19850; 27 CCR §15185, 22 CCR §66265.15, 22 CCR §66262.40, 23 CCR §66265.73, and 23 CCR §2712 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Historic Preservation Files Also Called: Historic Buildings and Landmarks, Historic Resources Inventory, Historic Resource Evaluation (HRE) Function: Records relating to historic buildings and landmarks within the City of Gilroy. Content: May include, but not limited to, inventory or survey of historic resources, blueprints, drawings, maps, plans, evaluations, correspondence, staff reports, permits, variances, studies, and other related materials. Total Retention: Projects related to Planning Applications - Permanent (Department preference – minimum retention superseded + 2 years required by law) Historic Resource Inventory - superseded + 2 years Historic Resource Evaluations (HREs) – permanent (Department preference)* Disposition: Statutory Reference: CA GC §34090; GCC 30.51.10(d) Note: Retention required by law for Historic Resource Evaluations: superseded + 2 years Approval Date: February 3, 2014 Revised Date: February 24, 2020 Home Occupation Permit Application Also Called: Function: Applications for conducting a business out of a residence. Content: Home occupancy permit application and related material. Total Retention: Closed + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 * Retention required by law: superseded + 2 years 21 6.C.b Packet Pg. 64 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) COMMUNITY DEVELOPMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Industrial Permits/Inspections Also Called: Function: Documents inspections/permits completed by the department for purposes of permit requirements or compliance, internal department process or procedures. Content: May include, but not limited to waste disposal manifest and material testing data, storm water industrial inspections, inspection approvals and violations, AB939 implementation, disposal receipts and manifests, both hazardous and non-hazardous, hazardous waste permits, storage, disposal programs, reports studies, complaints, ponds, underground storage tanks compliance, pretreatment inspection records, documents, sampling analysis. Total Retention: Hazardous waste related records and manifest, underground storage tanks – permanent3 years California Unified Program Agency records – 5 years Underground storage tanks – permanent Pretreatment – 3 years Storm water inspections and video inspection reports, AB939 records – 5 years All other records – 23 years (Department preference – 2 years minimum retention by law) Disposition: Destroy Securely Statutory Reference: CA GC §34090; H&S §19850; 40 CFR 141.33; 40 CFR 141.91; 40 CFR 122.41; 27 CCR §15185, 22 CCR §66265.15, 22 CCR §66262.40, 23 CCR §66265.73, 23 CCR §2712, and GCC 19.106.d.8 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Planning Project Files Also Called: Zoning Project Files Function: Records documenting the regulation and use of land, buildings, or other structures for residences, commerce, industry and other uses including the regulation of the location, height, and size of structures and approvals for real property development. Content: May include, but not limited to, tentative maps, architectural and site, variances temporary use permits, conditional use permits, sign permits, blueprints, drawings, maps, plans, evaluations, staff reports, studies, appeals, and other related material. Total Retention: Completed projects – permanent (Department preference – completion + 2 years minimum retention by law) Not completed or denied – closed + 10 years (Department preference – closed + 2 years minimum retention by law) Temporary use permits – expiration + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; GCC 30.50.10(d) Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 22 6.C.b Packet Pg. 65 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) COMMUNITY DEVELOPMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Unreinforced Masonry Building Preservation Project Files Also Called: URM Buildings Function: Records relating to unreinforced masonry building structures or modifying existing unreinforced masonry buildings. Content: May include, but not limited to, blueprints, drawings, maps, plans, evaluations, correspondence, staff reports, studies, appeals, and other related material Total Retention: Permanent (Department preference – lLife of building + 5 years minimum retention by law) Disposition: Statutory Reference: CA GC §34090; CCP 337 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Solid Waste Operations Also Called: Function: Documents pertaining to sanitation and solid waste services including landfill operations and waste disposal. Content: May include, but not limited to work orders, receipt books, AB939 implementation, disposal receipts and manifests (both hazardous and non-hazardous), recycling programs, landfill management reports, and related administrative files. Total Retention: Hazardous waste related records, landfill management reports, work order database – permanent AB939 records, receipt books, administrative files – 5 years All other records – 2 years Disposition: Destroy Securely Statutory Reference: 40 CFR 141.33; 40 CFR 141.91; 40 CFR 122.41; CA GC §34090 Note: Approval Date: February 3, 2014 23 6.C.b Packet Pg. 66 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) FINANCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Accounting Journals Also Called: Journal entries, journal vouchers Function: Documents financial transactions. Content: May include, but not limited to, accounting journals. Total Retention: Audit + 4 years Disposition: Destroy Securely Statutory Reference: CA CCP 337; CA GC §34090 Note: Approval Date: February 3, 2014 Accounting Records Also Called: Accounting Year-end files Function: Documents financial information necessary to prepare financial statements and demonstrate adequate internal controls over accounting and financial reporting. Content: May include, but not limited to, financial statement compilations, lead and detail schedules, trail balance reports, bank statements, general ledger reconciliations, capital asset schedules, debt amortization schedules, unclaimed property records, State Controller’s Office annual reports, sales and use tax returns, and Employment Development Department (EDD) DE542 Forms. Total Retention: General Ledger and State Controller report – audit + 2 years Capital assets schedules – audit + 4 years Annual financial reports – closed/completion + 4 years All other records – audit + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA CCP §337 Note: Approval Date: February 3, 2014 Accounts Payable Records Also Called: Vouchers, vendor payments Function: Documents vendor information and support for payments to vendors for goods, services, or other obligations. Content: May include, but not limited to, vendor invoices, payment vouchers, cleared checks, check registers, IRS 1099 Forms, IRS W9 Forms, CA Forms 587 and 590. Total Retention: Audit + 4 years Disposition: Destroy Securely Statutory Reference: CA CCP §337 Note: Approval Date: February 3, 2014 24 6.C.b Packet Pg. 67 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) FINANCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Assessment and Mello-Roos District Administration Also Called: Maintenance Districts, Bond Districts, Acquisition Districts, PBIDS, Community Facilities Districts Function: Records of the levying of taxes and assessments for maintenance and construction, and distribution of funds. Content: May include, but not limited to, annual reports, tax rolls, maps; engineer’s reports, acquisition and shortfall agreements, cost verification letters and binders, budget journals, cost accounting records. Total Retention: Termination of district + 10 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA CCP §337.5; CA CCP §337.6; CA GC 53921 and 43900 et seq. Note: Approval Date: February 3, 2014 Audit Also Called: Independent Auditor Analysis Function: Supports the implementation of Auditor’s recommendations and recommendation follow up. Content: May include, but not limited to, final audit reports, studies, correspondence, and other materials to support the audit function. Total Retention: Final audit reports – permanent (department preference – minimum close of audit + 2 year retention is required by law) All other records – close of audit + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA PC §799 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Bond Development Files Also Called: Project Development Files Function: Documents the bond process from preliminary planning stages up to issuance of the bonds, and records of bond feasibility for special projects including security associated with bond financing Content: May include, but not limited to, financing schedules, final interested parties list, asset management/lease program documents, preliminary title reports, press releases, JCFA agreements, rating agency presentation, rating agency reports, pricing book, records of cost of issuance expenditures, letters of credit and extension letters, meeting notes, appraisals, absorption studies, feasibility reports and studies, tax returns, business plans, correspondence, media articles and other documents with significance to the bond financing. Total Retention: Successful Bonds – close of bond + 10 years Unsuccessful Projects – closed + 2 years Disposition: Destroy Securely Statutory Reference: IRS Code §103, 6001, 1.148-5(d)(6)(iii)(E); CA CCP §337.5; CA CCP §337.6; CA GC §34090 Note: Approval Date: February 3, 2014 25 6.C.b Packet Pg. 68 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) FINANCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Bond Maintenance Files Also Called: Bond Transcripts and Legal Documents Function: Documents all activity that occurs after the issuance of the bonds and coupons, and documentation of bond sales. Content: May include, but not limited to, trustee actions, disclosures, arbitrage calculations, reports, tax levy/tax reports, audits, certificates of insurance, investment transactions, and requisitions, bonds and coupons, records documenting the allocation of expenditures for construction, renovation, or purchase of facilities, draw schedules, asset lists, schedule of bond-financed facilities or equipment, depreciation schedules, records of the purchase and sale of bond financed assets, agreements related to the private use of bond financed assets, preliminary and official statements, tax certificates, Internal Revenue Service forms, disclosures certificates, bond insurance or surety, bond payment requisitions, and deposits, and special district information. Total Retention: Close of bond + 10 years Disposition: Destroy Securely Statutory Reference: IRS Code §§103, 6001, 1.148-5(d)(6)(iii)(E); CA CCP §337.5; CA CCP §337.6 Note: Approval Date: February 3, 2014 Business Licenses Also Called: Function: Licensing documents of individuals and corporations doing business within the City of Gilroy. Content: May include, but not limited to license applications, reports, licenses and correspondence. Total Retention: Termination of license + 4 years Disposition: Destroy Securely Statutory Reference: CCP §337; CA GC §34090 Note: Approval Date: February 3, 2014 City Budget Also Called: Operating Budget, Capital Improvement Budget, Financial Plan, Budget Journals Function: Records documenting the annual financial plan approved by the City Council. Content: May include, but not limited to final adopted budget, capital improvement budget; mid- year budget review reports; budget operating adjustments, labor projection reports, budget forecasts and other records used to establish, move or amend budgets Total Retention: Final budget reports – audit + 2 years All other records – audit + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 26 6.C.b Packet Pg. 69 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) FINANCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Daily Investment Activity Also Called: Function: Records representing a summary of all maturities, purchases, dividend and interest settlements, inventory and earnings, and cash transfers for each business day. Content: May include, but not limited to, wire requests and transfers, directives approved and affirmed, fixed and equity trade tickets, Depository Trust & Clearing Corporation (DTCC) Trade confirmations. Total Retention: Audit + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Department Databases Also Called: SunGard, Pentamation Function: Databases used by the Department. Content: May include, but not limited to software database systems containing accounting and budgeting data Total Retention: Superseded + 4 years Disposition: Destroy Statutory Reference: CA GC §34090; CCP §337 Note: Approval Date: February 3, 2014 Investment Records Also Called: Investment Transactions, Investment Agreements Function: These records document all investment activity that occurs each month and all banking and investment agreements Content: May include, but not limited to, monthly Local Agency Investment Fund (LAIF) statements, monthly CalTrust statements, non-negotiable CDs, securities litigation claim forms and settlements, securities leading reports, and performance history reports, investment agreements with outside agencies including JPA’s such as South County Regional Wastewater Authority. (no applicable investment agreements with the Library) Total Retention: Audit + 4 years Disposition: Destroy Statutory Reference: CA; CCP §337 Note: Approval Date: February 3, 2014 Investment Committee Records Also Called: Function: These records document all activity that occurs for the City’s portfolio. Content: May include, but not limited to, quarterly investment reports to City Council. Total Retention: Audit + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 27 6.C.b Packet Pg. 70 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) FINANCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Lease Agreements Also Called: Function: Official lease agreements enforceable by law. Documents the terms and conditions of leases between the City and private companies, other public agencies and individuals. Content: May include but not limited to, original lease, exhibits, and correspondence. Total Retention: End of lease + 5 years Disposition: Destroy Securely Statutory Reference: CA CCP §337, 337.1(c); 337.15, 343; CA GC 53066; CA GC 4004 Note: Approval Date: February 3, 2014 Payroll Records Also Called: Payroll Reports Function: Documents the earnings, deductions and withholdings of employees. Content: May include, but not limited to quarterly payroll tax returns (DE-6 & 941 Forms), salary record, employee timesheet; direct deposit forms, garnishments records, labor distribution reports, cleared payroll checks, IRS W -2 Forms, and employee payroll forms IRS W -4 Forms, address changes, and election forms. Total Retention: Federal and State Tax reports – audit + 4 years Salary reports and employee time sheets – termination + 3 years All other records – audit + 2 years Disposition: Destroy Securely Statutory Reference: IRS Reg §31.6001-1(e)(2), 26 CFR §1.6001-1; R&T §19530; CA GC §34090; 29 CFR 516.2; 29 CFR 516.5; CA LC 1174(d) Note: Approval Date: February 3, 2014 Payroll Deduction Records Also Called: Deferred Compensation Statements, Retirement Reports, Payroll Registers Function: Documents pension and deferred compensation contributions. Content: May include, but not limited to payroll registers, retirement reports, California Public Employees’ Retirement System (PERS) employee deduction reports and deferred compensation statements. Total Retention: Payroll register – permanent Deferred compensation reports – termination + 5 years All other records – termination + 4 years Disposition: Destroy Securely Statutory Reference: 26 IRS 1.6001-1(c); 29 CFR 516.5; 29 CFR 516.6; CA LC 1174(d); CCP §337 Note: Approval Date: February 3, 2014 28 6.C.b Packet Pg. 71 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) FINANCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Project Documents Also Called: Capital Projects, Capital Improvement Projects Function: These records include documentation that establish, change, amend, or close projects, including capital projects, assessment district capital improvement projects, private development fund projects, operating grants, external funded programs, special program donations, and non-capital multi-year projects. Content: May include, but not limited to records of capital project, assessment district CIP, private development fund, operating grants, external funded programs, specials program donations, and non-capital multi-year project materials. Total Retention: Project + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Purchasing Records Also Called: Purchase Orders, Purchasing Requests, Purchasing Cards Function: Records orders, authorizations, and evidence of receipt of the purchase of goods and services by the City. Content: May include, but not limited to description of goods and services, shipping instructions, bills of lading, receipts, requisitions, invoices, purchase orders and purchasing card documents. Total Retention: Requisitions/purchase orders – audit + 4 years All other records – audit + 2 years Disposition: Destroy Statutory Reference: CA CCP §337; CA GC §34090 Note: Approval Date: February 3, 2014 Revenue Records Also Called: Accounts Receivable, Utilities Users Tax (UUT), Transient Occupancy Tax (TOT), Tourism Business Improvement District (TBID) Function: Records documenting revenues owed to the City by citizens, organizations, vendors and others to be credited to accounts. Also, documents billing and collection of monies. Content: May include, but not limited to records of the collection for , liens, return check processing, cash receipts; credit, debit, utility users tax, transient occupancy tax; Gilroy tourism business improvement district and deposit slips. Total Retention: Lien records – permanent Deposit records – audit + 4 years Taxes receivable – audit + 3 years All other revenue records – 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA CCP §337; CA CCP §338 Note: Approval Date: February 3, 2014 29 6.C.b Packet Pg. 72 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) FINANCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Special Permits Also Called: Function: Documents the application and review process for special permits such as billiards, mobile vendors, taxi drivers, and tow truck drivers Content: May include, but not limited to application forms, DMV forms, pictures, and permit documentation. Total Retention: Permit expiration + 4 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CCP §337 Note: Approval Date: February 3, 2014 Utilities Customer Information Also Called: Utility Billing Records Function: Documents all information pertaining to customer accounts, both residential and commercial, for water and sewer services. Content: May include, but not limited to payment and billing information, owner information, meter readings, financial adjustments, customer contracts, application and termination of service forms, leak adjustment letters, back-bill notices, field activities data contained in the electronic customer information system database and correspondence. Total Retention: Billing records, Deposit Records, Adjustment Records, & Applications – audit + 4 years All other records – 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CCP §337 Note: Approval Date: February 3, 2014 Vendor Register Also Called: Function: Record of vendors providing goods and services to the City Content: May include, but not limited to vendor listing for purchase orders, and records of invoices, account numbers and check dates. Total Retention: Superseded +2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 30 6.C.b Packet Pg. 73 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) FIRE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Citations Also Called: Violations; Code Violations Function: Documents the Fire Department investigations of infractions, solved and unsolved that occurred within the City of Gilroy. Content: May include, but not limited to misdemeanors, traffic, parking, or criminal citations or administrative penalties. Total Retention: case resolution + 5 years or life of building, whichever is longer Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA Fire Code2019 CFC 104.6.2 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Crime Reports Also Called: Arson Reports Function: Documents the Fire Department investigations of crimes, solved and unsolved that occurred within the City of Gilroy. Content: May include, but not limited to evidence, recordings of interviews, case files, fingerprint cards or live scan records, photographs, forensic scene records, arrest logs, arrest files, booking sheets, and audio of radio or telephone calls. Total Retention: Arson and capital crimes – permanent All other criminal investigations – 10 years Disposition: Destroy Securely Statutory Reference: CA PC §187, 800 et seq.; CA Fire Code2019 CFC 104.6.3; GC 34090.6 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Department Database Records Also Called: Function: Content: May include, but not limited to fire incident reports, RMS database, Telestaff, FDM database, Health EMS, HelpStar, FIPS, equipment database, Knox Box inventory, Violation database, vehicle maintenance database, Hose Lots, I.T. Supplies/Equipment database Total Retention: Violation database – 5 years or life of building, whichever is longer All other records - Superseded + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; 2019 CFC 104.6 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 31 6.C.b Packet Pg. 74 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) FIRE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Emergency Management Also Called: Emergency Operations Center Documentation Function: General & Administrative - All documentation for dealing with preparation for and responses to emergencies, disasters and/or system failures for City facilities. Includes the Emergency Operations Center Content: Business Continuity Plans; Disaster Recovery Plan; Drill Records; Emergency Contact Lists, Employee Lists, Roster of Workers; Emergency Evacuation Procedures; Emergency Operations Center; Emergency Preparedness Team; Emergency Response Programs; Evacuation Plans; Fire Prevention Plan; Hazard Mitigation Plan; Telephone Trees Total Retention: Superseded + 2 years Disposition: Destroy Securely Statutory Reference: CA GC 945.6(a)(2); 34090 Note: Approval Date: February 24, 2020 Fire Code Emergency Operations Manual and Books Also Called: Function: Documents the procedures for emergencies and other situations related to the Department. Content: Includes but not limited to operations manuals, emergency operations manual and other books. Total Retention: Superseded + 3 years Disposition: Destroy Securely Statutory Reference: CA CCP 340.5; CA GC §34090 Note: Approval Date: February 3, 2014 Fire Captain Log Books Also Called: Function: Documents all activity occurring at each Fire Station for each Company including summary of incidents, visitors to the station, equipment inspections, etc. Content: Includes log books. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Log books were discontinued on January 1, 2013 Approval Date: February 3, 2014 Fire Apparatus and Equipment Maintenance Logs Also Called: Function: Records relating to the history or maintenance and service of fire apparatus and equipment. Content: May include, but not limited to maintenance and service logs, inventory of gear, equipment and supplies. Total Retention: Life of equipment + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 32 6.C.b Packet Pg. 75 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) FIRE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Inspections Also Called: Function: Documents the Fire Departments inspections of structures, alarm systems, and sprinkler systems. Content: May include, but not limited to inspection logs, and correspondence. Total Retention: Life of building + 5 years5 years or life of building, whichever is longer Disposition: Destroy Securely Statutory Reference: CA 2019 CFC 104.6 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 ISO Insurance Ratings Also Called: Insurance Service Office (ISO) Function: Documents statistical information on risk and provides a rating that insurance companies use to calculate rates. Information is gathered on a community fire-suppression system including fire alarms, engine companies and water supply. Content: May include, but not limited to insurance rating reports, backup documentation and certification documents. Total Retention: Superseded + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Patient Care Records Also Called: PCRs Function: HIPAA protected documents pertaining to medical care and treatment provided by the Fire Department. Content: May include, but not limited to patient information, records, EKG form, signature form, face-sheets, etc. Total Retention: Permanent (Department preference)* Disposition: Statutory Reference: CA GC §34090; HIPPA citation45 CFR 164.530(c) Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Permits Also Called: Function: Operational permits occurring within the Department’s jurisdiction. Content: May include, but not limited to permits, and records supporting permit applications, approvals, renewals, extensions, and denials. Total Retention: Permanent5 years or life of building, whichever is longer Disposition: Statutory Reference: CA GC §34090; 2019 CFC 104.6, 105 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 * Records retained in third party system 33 6.C.b Packet Pg. 76 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) FIRE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Plan Check – School Site Plans Deleted February 24, 2020 – Not a City Record Also Called: Function: Documents the records submitted to the Department as part of site plans and water supply tests for publically funded schools. Content: May include, but not limited to plan check documents, flame retardant certificates, blue prints, and other building related records. Total Retention: Life of building + 5 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA Fire Code 105.4.6; CA BC 1.8.4.3.1 Note: Approval Date: February 3, 2014 Plan Check – Fire Prevention Also Called: Function: Documents requests and authorizations for property owners to erect new structures, or make structural modifications to existing one that occurred within the Department jurisdiction. Serves as official authorization for construction including installation of plumbing, electrical, and mechanical equipment and other related work. Content: May include, but not limited to plan check documents, flame retardant certificates, blue prints, and other building related records. Total Retention: Life of building + 5 years5 years or life of building, whichever is longer Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA Fire Code 105.4.62019 CFC 105; CA BC 1.8.4.3.1 Note: Approval Date: February 3, 2014; Revised February 24, 2020 Revised Date: February 24, 2020 Strike Team Reimbursements Also Called: Function: Documents the reimbursements received by the Fire Department for a strike team deployment. Content: May include, but not limited to payment from Office of Emergency Services (OES); Federal Emergency Management Agency (FEMA); and other mutual aid reimbursements. Total Retention: Payment + 5 years Disposition: Destroy Securely Statutory Reference: CA 2019 CFC 104.6; CA GC §34090 Note: Approval Date: February 3, 2014 Weed / Refuse Abatement Also Called: Function: Documents weed/refuse abatement conducted by the Fire Department/Fire Prevention.. Content: May include, but not limited to complaints, letters of protest, response to protests, returned correspondence. Total Retention: Closed + 5 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA Fire Code2019 CFC 104.6.2 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 34 6.C.b Packet Pg. 77 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) FLEET & FACILITIES RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 24, 2020 Page City Facility Maintenance & Operation Records Also Called: Function: Documents the maintenance and operation of city owned facilities. Content: May include, but not limited to service requests, work orders, graffiti removal, invoices, and supporting documents for buildings, parking lots and equipment. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 City Fleet Maintenance & Operation Records Also Called: Function: Documents the maintenance and operation of city owned vehicles and equipment. Content: May include, but not limited to purchase invoices, contracts, warranties, service requests, work orders, inspections, fuel, parts and supplies, logs, manuals, DMV titles and registration, and vehicle assignments. Total Retention: Vehicle assignments, request forms and logs – 2 years All other records – life of equipment + 4 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA CCP 337 Note: Approval Date: February 3, 2014 Fueling Records Also Called: Gasoline Function: Records pertaining to gasoline used for City vehicles. Content: May include, but not limited to meter readings, fuel consumption reports, invoices, receipts and records pertaining to refueling operations. Total Retention: Audit + 4 years Disposition: Destroy Securely Statutory Reference: CA CCP 337 Note: Approval Date: February 3, 2014 Scheduled Maintenance & Safety Certificates Also Called: Function: Documents schedule maintenance of assets and safety certifications for equipment such as elevators, fire systems, and boilers. Content: May include, but not limited to maintenance schedules, and safety certificates. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 35 6.C.b Packet Pg. 78 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) FLEET & FACILITIES RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 24, 2020 Page Technical Manuals, Specification, and Warrantees Also Called: Function: Owner’s manuals and warranties for City owned vehicles and equipment. Content: Manual’s often include specifications, operating instructions, and safety information. Warranties include terms of coverage for repair or replacement of equipment. Total Retention: Manuals – life of the equipment, but not less than 2 years. Warranties shall be kept until expiration, but not less than 4 years Disposition: Destroy Statutory Reference: CA GC §34090; § 337 Note: Approval Date: February 3, 2014 Vehicle Ownership and Maintenance Records Also Called: Function: Documents the purchase, ownership, licensing and maintenance of all city-owned vehicles. Content: May include, but not limited to legal titles, registration documents, purchase invoices, contracts, warranties, inspections, maintenance logs. Total Retention: Life of vehicle + 2 years Disposition: Destroy Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 36 6.C.b Packet Pg. 79 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) HUMAN RESOURCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Accident, Incident & Injury Reports and Review Board Also Called: Function: Review accidents, incidents and injuries to and/or by city employees and vehicles. Content: May include, but not limited to vehicle accident, incidents and injury reports, investigation records, investigators’ notes and evidence involving city employees. Total Retention: Active + 6 years Disposition: Destroy Securely Statutory Reference: 29 USC 1027; 29 USC 1113; 29 CFR 1602 et seq.; CA GC §34090; CA GC §12946 Note: Approval Date: February 3, 2014 CalPERS Retirement and other Retirement Plans Also Called: Function: Records regarding related to the City’s contracts and obligations with CalPERS, and PARS and other retirement companies. Content: May include, but not limited to, contracts, contract amendments, contract related correspondence – official records that obligate the city to benefits under CalPERS or PARS retirement plans. contracts and amendments, information and other correspondence. Total Retention: Contracts and Amendments – Permanent Correspondence, Reports, and other information – Active + 2 years Disposition: Destroy Statutory Reference: CA GC §34090; CA GC §12946 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 DMV Pull Program Also Called: DOT and DMV program Function: Information, records and reports relating to the Department of Motor Vehicles and Department of Transportation. Content: May include, but not limited to drivers’ license pull notice printouts and summaries, medical cards, commercial driver training documents, and drug and alcohol test results. Total Retention: DMV Pull Program Report – active (showing three year history) DMV Medical Card and Information – active + 2 years DOT Test Results – active + 5 years DMV and DOT training records – active + 6 5 years (department preference)* - minimum 2 year retention is required by law) Disposition: Destroy Securely Statutory Reference: 29 CFR 1627.3 (b) (V); 49 CFR 655.71 et seq.; CA GC §34090; CA GC §12946 Note: Retention required by law for DMV and DOT training records: 2 years. Approval Date: February 3, 2014 Revised Date: February 24, 2020 * Retention required by law: 2 years 37 6.C.b Packet Pg. 80 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) HUMAN RESOURCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Employee Benefit Records Also Called: Function: This is the master personnel benefits record maintained for each employee and documents an individual employee’s benefit information such as selection of insurance plans, retirement, pension and disability plans, deferred compensation plans, and other benefit information. Content: May include, but not limited to plan selection and application forms, enrollment records, contribution and deduction summaries, personal data records, authorizations, beneficiary information, year-end leave balance reports, and related documentation. Total Retention: Active + 6 years Disposition: Destroy Securely Statutory Reference: 29 USC 1113; 29 CFR 1627.3; 29 CFR 1602; CA GC §34090; CA GC §12946 Note: Approval Date: February 3, 2014 Employee/Union Discipline & Grievance Records Also Called: Function: Employee or union grievance records are the records documenting an alleged violation of the applicable Memorandum of Understanding or the Hum Resources Rules or Regulations. disciplines are the documented process of corrective action taken when an employee has fallen below the required performance standards or behavior expectations. Content: May include, but not limited to responses at each step of the grevance process, personnel commission review, final disposition. administrative hearings and arbitration records. Total Retention: Disciplinary records – active + 6 years (department preference -minimum 2 year retention is required by law) All other disciplinary or grievance records – 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA GC §12946 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Employee Handbook(s) and Human Resources Rules and Regulations and Employee Onboarding Information Also Called: H/R Rules & Regs; Employee Orientation Information Function: Employee orientation manual and City rules and regulations Content: May include, but not limited to onboarding presentationshandbook(s) and any handouts and memos describing the handbooks and rules and regulations contents or provisions. Total Retention: Superseded + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA GC §12946 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 38 6.C.b Packet Pg. 81 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) HUMAN RESOURCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Employee Medical Records Also Called: Non-Industrial or FMLA medical records Function: This is the master employee medical record maintained for employees. Content: May include, but not limited to pre-employment physical or psychological evaluations, and other medical records, exposure to chemicals and hazardous materials records, fitness for duty reports, drug test results, and physical skills test results. Total Retention: Hazardous materials and chemical exposure records – duration of employment + 30 years All other records – active + 6 years Disposition: Destroy Securely Statutory Reference: 29 USC 1027; CA GC §34090; CA GC §12946; 8 CCR 3204(d); 29 USC 1113; 29 CFR 1602; 29 CFR 1910 Note: Approval Date: February 3, 2014 Employee Personnel Records Also Called: HR Files Function: This is the master personnel record maintained for each employee at the direction of the Human Resources Director. Content: May include, but not limited to job application, notices of appointment, personnel action request, payroll withholding information, employee eligibility verifications forms (I-9), leave summary records, performance documentation, oaths of office, leaves of absence (paid and unpaid), FMLA records, training and academic certificates, disciplinary actions,separation agreements, and other records related to an individual’s employment. Total Retention: HR File – Active + 6 years I-9 Forms – 3 years from date of hire or 1 year from employment separation, whichever is longer Disposition: Destroy Securely Statutory Reference: 29 USC 1027; 29 USC 1113; 29 CFR 1602 et seq.; CA GC §34090; CA GC §12946 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Labor Agreements and Memorandum of Understandings Also Called: MOU’s Function: Documents regarding labor contract negotiations including meet and confer records for employee unions and associations. Content: May include, but not limited to agreements, side letters, interpretations, amendments, letters of understanding, administration records, labor negotiation records. Total Retention: MOU’s – permanent (department preference)* – minimum 4 year retention is required by law) Negotiation records – active MOU + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA GC §12946; CCP §337 Note: Approval Date: February 3, 2014 * Retention required by law: 4 years 39 6.C.b Packet Pg. 82 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) HUMAN RESOURCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Recruitment Files and Eligibility Lists Also Called: Function: Documents relating to recruitments for open positions and eligibility lists. Content: May include, but not limited to flyers, applications, examination and testing process, oral board process, department interview information, DOJ reports evaluation outcome, and other records related to the recruitment process. Total Retention: 32 years from date eligibility list is certified. If no eligibility list, then 23 years from date of last activity in recruitment file Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA GC §12940; CA GC §12946 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Position Description, Classification, Compensation Records and Salary Schedules Also Called: Function: Records that document the description, classification, compensation and salary schedules of jobs and positions. Content: May include, but not limited to the details of duties, responsibilities, skills, abilities and salary schedules needed for each position, and related records documents. Records often include reports, position descriptions, position evaluations, compensation studies, wage determination surveys, job analyses, interview data, selection criteria authorizations, agreements, and related documents. Total Retention: Superseded + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA GC §12946 Note: Approval Date: February 3, 2014 Training Records Also Called: Function: Records associated with or documenting the job-related instruction of employee/officials for job proficiency, enhancement or for the promotion of skill attainment or improvement. Content: Records may include, but not limited to course descriptions, manuals, textbooks, worksheets, handouts, training announcements, films, videos, and course outlines, instructor rosters, certifications, course planning and development documentation, course evaluations, class enrollment and attendance records. Total Retention: Safety Training certificatesRecords – active + 6 years (department preference)* – active + 2 years retention is required by law) All other training records – active + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; GC §12946; 29 USC 1027 Note: Retention required by law for Safety Training Records: Active + 2 Years. Approval Date: February 3, 2014 Revised Date: February 24, 2020 * Retention required by law: Active + 2 years 40 6.C.b Packet Pg. 83 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) HUMAN RESOURCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Unsuccessful Applicants (Public Safety) Also Called: Function: Records used during the public safety hiring process Content: May include, but not limited to applications, DOJ report, background and references information, correspondence Total Retention: Background and reference – 5 years (Department Preference)* All other records – 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA GC §12946 Note: Retention required by law for Bbackground and reference: – 5 years is department preference (active + 2 years retention is required by law) Approval Date: February 3, 2014 Revised Date: February 24, 2020 Workers’ Compensation Records Also Called: Workers Comp Function: Documents worker’s compensation claims filed against the City. Content: May include, but not limited to indemnity claims, medical only claims, incident/ information only reports, employee exposures, correspondence with third party administrator and medical providers, DEU rating reports, first aid claims, pre-designated doctors reports, third party administrator agreement and related records/system reports, self-insured reports, OSHA log reports, LAWCX excess insurance records and reports. Total Retention: Active + 6 years Exposure Notifications – Duration of employment + 30 years OSHA Injury Log (300A) – 5 years Third Party Administrator Records/Reports – 5 years Self-Insured Agency Annual Report (OSIP) – 5 years Disposition: Destroy Securely Statutory Reference: 29 USC 1027; 29 USC 1113; 29 CFR 1602 et seq.; 8 CCR 3204(d); 8 CCR 10102; CA GC §34090; CA GC §12946; LC 4610 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 * Retention required by law: Active + 2 years 41 6.C.b Packet Pg. 84 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) INFORMATION TECHNOLOGY RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Disaster Recovery Disks Also Called: File Recovery Function: File / System Restores Content: Copies all contents of targeted servers onto tape. Total Retention: 2 years Disposition: Destroy Statutory Reference: CA GC §34090 Location: Stored and retained by an off-site vendor Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Hardware, Software and Information Systems Inventory Also Called: Function: Documents the City’s hardware, software and information systems inventories. Content: May include, but not limited to monitors, hard drives, laptops, phones, startup disk, systems manuals Total Retention: Life of hardware, software and/or information system + 2 years Disposition: Surplus and/or destroy Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Help Desk Service/Work Order Tracking Also Called: Function: Technology service request tracking system tracked electronically Content: Software system Total Retention: Completion + 5 years (department preference – minimum 2 year retention is required by law)Life of System + 2 years Disposition: Destroy Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Internet (World Wide Web) Also Called: Network Function: Documents the City’s network information system (LAN/WAN) Content: May include, but not limited to configuration maps and plans. Total Retention: Superseded + 2 years Disposition: Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 42 6.C.b Packet Pg. 85 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) POLICE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Alarm Registration Also Called: Alarm Permits Function: Records relating to the receipt of alarm registration for businesses and homes in the City. Content: May include, but not limited to alarm registrations, false alarm notifications, correspondence, related to registration administration and fines for excessive false alarms. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Animal Control Also Called: Function: Documents action of housing and releasing animals. Content: May include, but not limited to warning notices, barking dog letters, animal bite reports, and impound notices. Total Retention: 3 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; PC §597.1(d), 597.1(m); CA FAC §32003 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Asset Seizures Also Called: Function: Records relating to property seized and retained by the police department Content: May include, but not limited to logs, inventories and receipts. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Auction Records Also Called: Function: Records relating to property seized by the police department and sold at public auction. Content: May include, but not limited to logs, inventories and receipts. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 43 6.C.b Packet Pg. 86 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) POLICE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Automated License Plate Reader Also Called: ALPR, LPR, Plate Reader Function: Routine image capture of vehicle license plates, photo of vehicle and Location (GPS) of vehicle. Content: May include, but not limited to, image of license plate, image of vehicle, location data of image capture. Total Retention: 1 year (unless retained as evidence associated with a crime report) Disposition: Destroy Securely Statutory Reference: CA GC §34090.6; CA VC 2413 Note: Approval Date: February 24, 2020 Business Permits Also Called: Bingo Parlor, Mobile Vendor, Taxi Driver, Tow Truck Driver, Card Room Dealer, Massage Therapist, Adult Business Function: Records relating to applications of persons seeking certain business permits. Content: May include, but not limited to background investigation reports. Total Retention: Approved – Expiration of permit + 2 years Denied – 3 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CLETS Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Citations Also Called: Tickets Function: Records relating to police investigations that result in a citation and no police report. Content: May include, but not limited to administrative, parking, traffic infraction, traffic misdemeanor and misdemeanor citations. Total Retention: Disposition of case or 2 years (whichever is greater) Disposition: Destroy Securely Statutory Reference: CA PC §802; CA GC §34090 Note: Approval Date: February 3, 2014 Communications Center Records Also Called: 911 Records, CAD, Computer Aided Dispatching Function: Records, phone and radio recordings related to the request and response activity of the Gilroy Police and Fire departments Content: May include, but not limited to dispatch activity requests, police and fire radio and telephone recordings. Total Retention: Radio and telephone recordings – 180 days (department preference)* – minimum 100 day retention is required by law) Dispatch event records – 3 years Disposition: Destroy Securely Statutory Reference: CA GC §34090.6; CA GC §34090; California Law Enforcement Telecommunications System policies and procedures (CLETS) Note: Retention required by law: 100 days Approval Date: February 3, 2014 Revised Date: February 24, 2020 * Retention required by law: 100 days 44 6.C.b Packet Pg. 87 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) POLICE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Concealed Weapon Permit Also Called: California Concealed Weapons Permit, CCW Function: Applications from individuals for a permit to carry a firearm concealed on their person Content: Records include, but not limited to personal background information Total Retention: Approved – Expiration of permit + 2 years Denied – 3 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CLETS Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Crime Reports Also Called: Function: Records relating to police investigations of crimes, solved and unsolved, that occurred in the City. Content: May include, but not limited to investigation reports, diagrams, photographs, citations, arrest information and booking information. Total Retention: Capital Crimes – permanent Crimes that are punishable by the death penalty, life imprisonment or embezzlement of public funds Felony Crimes – 7 years Crimes that are punishable by 8 years or more in prison Fraud or Elder Abuse Crimes – 6 years Crimes of fraud or elder abuse Marijuana Crimes – 2 years from date of conviction or 2 year from date of arrest if no conviction Crime relating to the arrest on narcotics charges Sex Crimes – 10 years Crimes for sexual assault, rape and sexual abuse Misdemeanor and all other Felony Crimes – 5 years Crimes for felonies that are punishable by less than 8 years in prison and all misdemeanor crimes not otherwise categorized Sealed – Court Order Factual Innocence and Adult – 3 years from court order Juvenile – 5 years from court order Non-Criminal Reports – 3 years Records relating to police investigation for non-criminal incidents (reports of lost and found property, towed vehicles, animal reports and mental evaluations) Disposition: Destroy Securely Statutory Reference: CA PC §799-805; CA PC §290(c); CA PC §851.7 and 8; CA PC §1203.45; CA W&I §781(a)-(d); CA W&I §826(a)-(b); CA W&I §793(c); CA W&I §389; CA H&S §11361.5; CA GC §34090 Note: Approval Date: February 3, 2014 45 6.C.b Packet Pg. 88 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) POLICE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Crime Statistics Also Called: Uniform Crime Reports (UCR), quarterly report Function: Statistical records of crime and/or police department activity Content: Records include, but not limited to criminal statistics reported to the state of criminal activity and arrests Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Employment Background Investigation (Unsuccessful Candidates) Also Called: Function: Records relating to the background investigation of potential police department employees that were ultimately unsuccessful in the employment process. Content: Records include, but not limited to background investigation reports. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA GC 12946 Note: Approval Date: February 3, 2014 Field Interview Information Also Called: FI Cards, Field interrogation information Function: Records identifying information of individuals contracted by the police department under non-criminal activity. Content: Records include, but not limited to person and vehicle information of an individual contacted by the police department Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Financial Disbursement (Undercover Activity) Also Called: Function: Records of undercover financial activity Content: Records include, but not limited to records of undercover officer purchases. Total Retention: 5 years (department preference)* – minimum 2 year retention is required by law) Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Retention required by law: 2 years. Approval Date: February 3, 2014 Revised Date: February 24, 2020 * Retention required by law: 2 years 46 6.C.b Packet Pg. 89 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) POLICE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Incident Action Plans and After Action Reports Also Called: General Orders Function: Records relating to police tactical action plans and reports documenting the events of executive actions, operations, and game plans. Content: May include, but not limited to incident action plans and after action reports. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Internal Affairs Investigations Also Called: Function: Records relating to complaints investigated by the Internal Affairs Division of the police department. Content: May include, but not limited to complaints, reports, statements, findings and other documents associated with investigations of complaints sustained and not sustained. Total Retention: Officer involved shooting – final disposition + 25 years All others – final disposition of investigation + 5 years Disposition: Destroy Securely Statutory Reference: CA PC §832.5(b), CA EVC §1045(b)(1), CA GC §12946, CA VC §2547; CA PC §832.7 801.5; CA PC §803(c) Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Jail Logs and Inspections Also Called: Function: Records of inspections and activity that occur in the jail. Content: Records include, but not limited to records of inspections and activity of booking in the jail. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Law Enforcement Animals Also Called: Dogs and horses Function: Records relating to animals used in an official capacity by the Gilroy Police Department. Content: May include, but not limited to purchase and sale records, training, veterinary and boarding records. Total Retention: Separation + 5 years City Attorney’s office suggested there are waiver documents filed when selling law enforcement animals. PD believes these documents are kept in HR? Disposition: Statutory Reference: CA PC §832.5(b); CA EVC §1045(b)(1); CA GC §12946; CA VC §2547; CA PC §832.7 801.5;CA PC §803(c) Note: Approval Date: February 3, 2014; Revised February 24, 2020 Revised Date: February 24, 2020 47 6.C.b Packet Pg. 90 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) POLICE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Neighborhood Watch Also Called: Function: Records relating to the neighborhood watch programs. Content: May include, but not limited to program literature, applications, correspondence, and other program administration records. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Offender Registration Also Called: Function: Records relating to the registration and contact with registered offenders. Content: May include, but not limited to registration forms from juvenile and adult offenders. Total Retention: Arson Offenders (Adult) – 100 years Arson Offenders (Juveniles) – retain until the offender turns 25 Sex Offenders (Adult) – 100 years Sex Offenders (Juveniles) – retain until the offender turns 25 Drug Registrants – 10 years Gang Registrants – 10 years Disposition: Destroy Securely Statutory Reference: CA PC §457.1(d); CA PC §457.1(b)(3); CA PC 290 et seq.; CA HS §11594; CA GC §34090; CA PC §186.32(c) Note: Approval Date: February 3, 2014 Pawn Slips Also Called: Function: Records relating to pawn and second hand dealer transactions Content: May include, but not limited to pawn slips and reports. Total Retention: 3 years Disposition: Destroy Securely Statutory Reference: CA GC §34090, CA B&P §21628; CA B&P §21633 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Police Equipment Maintenance Logs Also Called: Function: Records relating to the history or maintenance and service of police equipment. Content: May include, but not limited to maintenance logs. Total Retention: Life of equipment + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 48 6.C.b Packet Pg. 91 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) POLICE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Property Records Also Called: Function: Records relating to property and evidence received and/or stored by the Gilroy Police Department. Content: May include, but not limited to audio, video and photographic items, biological evidence, money, narcotics, weapons, computers and bicycles. Total Retention: Safekeeping property – 60 days Found property – 90 days Evidence: unsolved cases – until the statute of limitations has ended solved cases – until the offender has exhausted all appeals DNA Evidence: Unsolved cases – until the statute of limitations has ended Solved cases – until the offender has completed their jail sentence the City Attorney’s office suggested that DNA evidence was stored indefinitely for future related crime investigations – should this be permanent retention? If a case is solved and the individual who was convicted of the crime has completed their jail sentence, there are no appeals or judicial process remaining in the criminal court. Disposition: Destroy Securely Statutory Reference: CA PC 799-803; CA CC §2080.10; CA CC §2080.6; CA PC §1417.9; CA GC §34090 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Ride Along Applications Also Called: Function: Records relating to civilians who accompany Gilroy Police department employees during the course of their regular duties. Content: May include, but not limited to applications and quick check background inquiries. Total Retention: 3 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; California Law Enforcement Telecommunications System policies and procedures (CLETS) Note: Approval Date: February 3, 2014 Subpoenas and Pitchess Motions Also Called: Function: Records relating to subpoenas and Pitchess motions served on the Gilroy Police Department for documents and witnesses. Content: May include, but not limited to subpoenas and Pitchess motions received by the department. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 49 6.C.b Packet Pg. 92 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) POLICE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Tow Records Also Called: Function: Records relating to private property tows and repossessions. Content: May include, but not limited to CLETS information on the vehicle, driver and vehicles registered owner, and towing information. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Traffic Collision Reports Also Called: Traffic Accidents Function: Records relating to police investigation of traffic collisions. Content: Records include, but not limited to investigation reports, diagrams, photographs, citations, arrest information, and booking information Total Retention: Major Accident Investigation Team (MAIT) investigations and fatal collisions – 10 years All other – 3 years Disposition: Destroy Securely Statutory Reference: CA VC §2547; CA CCP §335.1; CA VC §1808(b)(3) Note: Approval Date: February 3, 2014 Video Recordings Also Called: Close Circuit Television (CCTV), In Car Camera (ICC), Body Worn Camera, Building Security Video Function: Routine video capturing police contracts, police building security Content: May include, but not limited to video of public activities in and around the police department, from vehicle and on body of police officers Total Retention: Body Worn Camera (BWC) – 60 days (unless retained as evidence associated with a crime report) All other video – 1 year (unless retained as evidence associated with a crime report) Disposition: Destroy Securely Statutory Reference: CA GC §34090.6; CA PC 832.18(b)(5)(A) Note: Recordings that become evidence are retained in accordance with the property records associated with the crime type (reference crime reports) Approval Date: February 3, 2014 Revised Date: February 24, 2020 50 6.C.b Packet Pg. 93 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) PUBLIC WORKS RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Capital Improvement Projects Also Called: Function: Documents the administration and development of Capital Improvement projects in the City. Includes building and structures; utilities; infrastructure; transportation; and parking lots. Content: May include, but not limited to administration files, plans, specifications, bid information, permits, schedules, inspection records, certified payroll, invoices, certificate of occupancy, correspondence, and construction tracking. Total Retention: Completion (after NOC is filed) + 10 years Construction Design Plans & Specifications – Permanent Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA CCP 337.15 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Development Engineering Also Called: Development Standards Function: Documents engineering services related to the design and construction of City infrastructure projects and private development. Content: May include, but not limited to surety, letters of credit, certificates of deposit, certificate of compliance, lot line adjustments, engineering reports for entitlements. Total Retention: Completion + 10 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA CCP 337.15 Note: Approval Date: February 3, 2014 Golf Course Records Also Called: Function: Documents the daily transactions and activities of the Gilroy Golf Course. Content: May include, but not limited to, facilities use and reservation database, financial reporting, starter sheets and tee times. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Series transferred from Recreation on February 24, 2020 Approval Date: February 3, 2014 Revised Date: February 24, 2020 Golf Course Drawings and Plans Also Called: Function: Records documenting construction including installation of plumbing, electrical, and mechanical equipment and other related work at the gold course. Content: May include, but not limited to, architectural drawings and plans of City golf course. Total Retention: Permanent Disposition: Statutory Reference: GC §34090 Note: Series transferred from Recreation on February 24, 2020 Approval Date: February 3, 2014 Revised Date: February 24, 2020 51 6.C.b Packet Pg. 94 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) PUBLIC WORKS RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Hazardous Waste Also Called: Hazardous waste disposal Function: Documents the disposal of hazardous waste generated on city facilities/infrastructures Content: May include, but not limited to, waste disposal manifest and material testing data. Total Retention: Hazardous waste manifests – permanent Documentation regarding handling and disposal – Closed/Completion + 10 years All other – current year + 2 years Disposition: Destroy Securely Statutory Reference: 8 CCR §10102; GC §12946; CALOSHA 40 CFR 122.21(p); CCP 340.2, 340.5, 340.8; 22 CCR 66262.40 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Improvement Agreements Also Called: Development, Property Improvement, Fee Deferral Function: Documents Content: May include, but not limited to Total Retention: Recorded documents – permanent Disposition: Destroy Securely Statutory Reference: CA CCP 337; CA CCP 337.1(a); CA CCP 337.15; GC §34090 Note: Original recorded documents maintained in the City Clerk’s Office. Approval Date: February 3, 2014 Revised Date: February 24, 2020 Inspections Also Called: Function: Documents inspections completed by the department for purposes of permit requirements or compliance, internal department process or procedures. Content: May include, but not limited to storm water industrial inspections, inspection approvals and violations, backflow inspections, pump station, and video inspection reports. Total Retention: Storm water inspections and video inspection reports – 5 years All others – 23 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; 40 CFR 122.41(j)(2) Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Nexus Studies, and Development Impact Fees; Development Fee Districts Also Called: Function: Records used to develop and administer development impact fees for various programs to mitigate the impact of development. Content: May include, but not limited to certification of noticing; maps; consultants contracts; finance plan and nexus study documents. Total Retention: End of plan or fee + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 52 6.C.b Packet Pg. 95 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) PUBLIC WORKS RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Nexus Studies and Development Impact Fees Administration Also Called: Function: Records used to manage cash and developer credits, adjust fees, developer cost verification letters and binders. Content: May include, but not limited to credit reimbursement agreements; cost verification letters; binders and credit release letters. Total Retention: End of fee or fee credit balances + 5 10 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CCP 337.15 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Park Plans and Drawings Also Called: Function: Records documenting construction including installation of plumbing, electrical, and mechanical equipment and other related work at City Parks. Content: May include, but not limited to, architectural drawings and plans at City Parks. Total Retention: Permanent Disposition: Statutory Reference: GC §34090 Note: Series transferred from Recreation on February 24, 2020 Approval Date: February 3, 2014 Revised Date: February 24, 2020 Permits (Transportation) Also Called: Function: Documents requests for permits and permit issuance by the Department of Transportation. Content: May include, but not limited to temporary permits for oversized loads, storage containers, material storage, banners, and streets; permanent permits for sidewalks, driveways, approaches, curbs and gutters, revocable, excavation, oversize transportation and trenches. Total Retention: Perpetual permits (encroachment, street opening & driveway permits) – permanent Temporary permits – completion of work + 4 years Trench encroachment permits – 10 years Permit administration and unapproved permits – 2 years Disposition: Destroy Statutory Reference: CA GC §34090; 34090(a); HSC 19850 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 53 6.C.b Packet Pg. 96 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) PUBLIC WORKS RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Permits (Water) Also Called: Function: Documents requests for water permits. Content: May include, but not limited to water rights and permits, National Pollutant Discharge Elimination System (NPDES) permits and all supporting documents, construction water permits, limited hydrant use permits, solid waste permits, administrative documents for all permits, such as applications, approvals, etc. Total Retention: Water Rights and permits, NPDES permits and supporting documents – permanent Solid waste permits – expiration of permit + 30 years Applications and administration records – 2 years All other permits – expiration of permits + 2 years Disposition: Destroy Statutory Reference: CA GC §34090; 40 CFR 122.28 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Property Acquisition Also Called: Function: Documents the City’s investigation and purchasing, sale, or exchange. Content: May include, but not limited to, litigation guarantees, appraisal reports, and correspondence. Total Retention: Acquisition + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Recorded documents are maintained in the City Clerk’s Office Approval Date: February 3, 2014 Regulatory Requirements Also Called: SCRWA Function: Documents relating to regulatory compliance. Content: May include, but not limited to routine (such as annual reports) records and significant (such as SSO Sanitary Sewer Overflow violations) records, DMR reports, correspondence, variances, waivers or exception from regulatory agencies Total Retention: Correspondence with regulatory agencies, variances, waiver and exception, and water level data sheets and plans – permanent All other records – 5 years Disposition: Destroy Statutory Reference: CA GC §34090; 40 CFR 122.41(j)(2) Note: Approval Date: February 3, 2014; Revised February 24, 2020 Revised Date: February 24, 2020 Special Projects and Studies Also Called: Function: Records relating to Joint Powers Authority, and transportation. Content: May include, but not limited to, maps, plans, evaluations, correspondence, reports, and technical studies. Total Retention: Completion + 2 years Disposition: Destroy Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 54 6.C.b Packet Pg. 97 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) PUBLIC WORKS RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Speed Surveys Also Called: Function: Legally required surveys used to set speed limits. Content: May include, but not limited to speed surveys. Total Retention: Until superseded, but not less than 2 years Disposition: Destroy Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Streets, Alleys, Bridges, Parking Lots and Sidewalks Also Called: Function: Documents the administration, maintenance and operation of streets, alleys, bridges, parking lots and sidewalks in the City. Content: May include, but not limited to administration files, maps, master plans, correspondence, reports and studies (traffic volume, accident history, statistics), closures, easements, dedications, right-of-way, abandonments and vacations, intersection reports, field books, work orders, inspections, repairs, permits, encroachments, ADA compliance, paving and striping, policies and procedures (rules, regulations and standards), street naming and numbering, traffic signals and stop signs inventory, and speed limits Total Retention: Abandonments, vacations, closures, easements, right-of-way, dedications, maps, field books, encroachments, street naming and numbering – permanent Traffic signals and stop signs inventory, policies and procedures, speed limits supersedes + 2 years All other records current + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Survey Field Books Also Called: Function: Records relating to existing features within City right-of-way. Content: Books may include information, but not limited to features such as parks, bikeways, streets, sidewalks, pavement, utilities and electrical. Total Retention: Permanent Disposition: Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Traffic Calming Also Called: Function: Documents traffic calming measures implemented and investigations by the City. Content: May include, but not limited to individual resident ballots and voting summary spreadsheets. Total Retention: 2 years Disposition: Destroy Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 55 6.C.b Packet Pg. 98 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) PUBLIC WORKS RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Traffic Engineering Also Called: Function: Records relating to traffic management, signage, and investigations. Content: May include, but not limited to traffic investigations, ordering of signs, traffic counts, traffic summaries, traffic signal timing reports or other traffic reports. Total Retention: Routine reports and studies – superseded + 2 years All other records - Until superseded, but not less than 10 years Disposition: Destroy Statutory Reference: CA GC §34090; 26202 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Transportation Maintenance Also Called: Function: Internal records documenting requests and authorizations for needed services, including repair of City owned property and maintenance of all right-of-way property. Content: May include, but not limited to pavement, street, trees, landscaping, traffic signals and light maintenance, and sidewalk repairs; and authorization to work. Total Retention: Traffic signal and light maintenance completion of work + 10 years All other records held for 5 years Disposition: Destroy Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Wastewater Treatment and Water Reclamation Facilities and Operation Also Called: SCRWA (South County Regional Wastewater Authority) Function: Documents the activities of the wastewater treatment plant and operation. Content: May include, but not limited to plant operational records, operations daily logs, standard operating procedures and policies, State inspections, air district permit certificates, systems evaluation and monitoring reports, laboratory analysis and test results, underground storage tank compliance, facility maps, maintenance work orders, equipment repair logs, hazardous waste disposal records, facility management reports for State and Federal permits, monthly plant reports, monthly recap of expenses reports, monthly septage reports, engineering reports, engineering drawings and project specifications, technical memorandums, pond water percolation data, monthly recycled water meter readings and water delivery date, sludge handling logs, biosolids removal and transportation data, chemical usage, rainfall records, quarterly and annual flow reports for primary influent and water reclamation, and flow projection studies. Total Retention: Maps, engineering drawings, equipment specifications, inspections, underground storage tank compliance, flow reports, laboratory data, standard plant reports, recap of expenses, septage reports. Also includes, work orders/repairs, plant operation and chemical usage are stored in computerized data management system – permanent Hazardous waste disposal and biosolids reports – current + 10 years All other records – current + 2 years Disposition: Destroy Securely Statutory Reference: 40 CFR 141.33; 40 CFR 141.91; 40 CFR 122.41; CA GC §34090 Note: Approval Date: February 3, 2014 56 6.C.b Packet Pg. 99 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) PUBLIC WORKS RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Wastewater Collection Operations Also Called: Function: Documents pertaining to wastewater collection and drainage operations, infrastructure and maintenance. Content: May include, but not limited to reports and studies, monitoring, samples, sludge handling logs, weight hauling, chemical usage, SSO’sSanitary Sewer Overflow, daily logs, studies and testing. Total Retention: SSO’s Sanitary Sewer Overflow – permanent Chemical usage – 3 years All others – 5 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; 40 CFR 141.33; 40 CFR 141.91; 40 CFR 122.41 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Water Meters Also Called: Function: Content: May include, but not limited to meter service cards, notifications, readings, operations checklists, replacements, shop log sheets, sets and install records, and all other paper records pertaining to meters and readings. Total Retention: Permanent Disposition: Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Water Quality Also Called: Function: Documents relating to water quality testing and equipment for plant services. Content: May include, but not limited to water quality reports, policies and procedures, correspondence, inspections, reclamation, water test (bacteriological, chemicals, quality), evaluations, analysis, underground storage tanks compliance, work orders, repairs, cleaning, reports and studies, recycling programs and ponds. Total Retention: Maps, underground storage tanks compliance permanent; hazardous waste disposal, water test (bacteriological, chemicals, quality) current year + 10 years All other records current + 2 years Disposition: Destroy Securely Statutory Reference: 40 CFR 141.33 Note: Approval Date: February 3, 2014 Well Operations Also Called: Function: Documents relating to specific monitoring of wells for water services. Content: May include, but not limited to well logs, graphs, maps, measurements, record books, maintenance reports, and easements. Total Retention: Life of the well + 2 years Disposition: Destroy Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 57 6.C.b Packet Pg. 100 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) RECREATION RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Activities, Classes and Events Also Called: Function: Documents activities, classes and events provided to the citizens of Gilroy. Content: May include, but not limited to, activity guides, fliers, registration, class rosters, liability releases, evaluations, attendance for activities, classes and events, field schedules, and participant disciplinary actions. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Center for the Arts Also Called: Cultural Center Function: Documents history of events hosted at the Center for the Arts. Content: May include, but not limited to, summary of events, event planning records, copies of contracts, receipts, invoices manifests, and correspondence for booked and potential events. Total Retention: Completion of event + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Community Pools Also Called: Christopher High Pool, Gilroy High Pool, South Valley Jr. High Pool Function: Records that support routine maintenance and operation in conjunction with the Gilroy Unified School District. Content: May include, but not limited to, contracts and amendments, operation schedules, and sign in sheets. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Original contracts and amendments are held in the City Clerk’s office Approval Date: February 3, 2014 Revised Date: February 24, 2020 Department Database Also Called: Function: Content: May include, but not limited to class reservation system software, recreation registration/reservation system software, pool attendance, park safety. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014; Revised February 24, 2020 Revised Date: February 24, 2020 58 6.C.b Packet Pg. 101 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) RECREATION RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Golf Course Records Also Called: Function: Documents the daily transactions and activities of the Gilroy Golf Course. Content: May include, but not limited to, facilities use and reservation database, financial reporting, starter sheets and tee times. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Golf Course Drawings and Plans Also Called: Function: Records documenting construction including installation of plumbing, electrical, and mechanical equipment and other related work at the gold course. Content: May include, but not limited to, architectural drawings and plans of City golf course. Total Retention: Permanent Disposition: Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Museum Also Called: Function: The paper, artifacts, and related itesmitems of historical value documenting Documents the history of Gilroy. Content: May include, but not limited to, artifacts, inventory lists, correspondence, floor plans Total Retention: Permanent or until deaccessioned Disposition: Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014; Revised February 24, 2020 Revised Date: February 24, 2020 Park/Facilities Reservations Also Called: Function: Documenting the request for reservations for use of a city park or facility. Content: May include, but not limited to, application, correspondence, and facility use form. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 59 6.C.b Packet Pg. 102 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) RECREATION RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page Park Plans and Drawings Also Called: Function: Records documenting construction including installation of plumbing, electrical, and mechanical equipment and other related work at City Parks. Content: May include, but not limited to, architectural drawings and plans at City Parks. Total Retention: Permanent Disposition: Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Sports Organizations Also Called: Little League Function: Content: May include, but not limited to, contracts, use agreements, field schedules. Total Retention: Contracts and Use Agreements – life of contract + 4 years All other records – 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CCP 337 Note: Approval Date: February 3, 2014 Volunteer Programs Also Called: Function: Documents the application, activities and administration of volunteer programs, and documents work performed by citizens without compensation for their services. Content: May include, but not limited to successful and unsuccessful applicants, and evaluations, including disciplinary actions. Total Retention: Successful – separation + 6 years Unsuccessful – 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090; CA GC §12946 Note: Coaches are included in the volunteer program Approval Date: February 3, 2014 Revised Date: February 24, 2020 Youth Center Also Called: Function: Documents the operation of the Youth Center at San Ysidro Park. Content: May include, but not limited to, activity schedules, and sign in sheets. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 60 6.C.b Packet Pg. 103 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) RISK MANAGEMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule February 3, 201424, 2020 Page ABAG Plan Liability Insurance Records Also Called: Function: Information, records and reports relating to the City’s insurance agency. Content: May include, but not limited to bylaws, risk coverage agreement, memorandum of coverage, Joint Powers Authority Agreement, annual premium invoices, reports certificates of insurance, and annual declarations. Total Retention: Bylaws – superseded + 42 years All other records – active + 2 years JPA Agreement – permanent or until terminated Disposition: Destroy Securely Statutory Reference: CA GC §12946; CA GC §34090, 65000 Note: Approval Date: February 3, 2014 Revised Date: February 24, 2020 Liability Claims Also Called: Function: Documents various types of claims filed against the City. Content: May include, but not limited to claims, evidence, and investigation reports. Total Retention: Closed/Completion + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 Property Loss Recovery Claims Also Called: Function: Documents relating to damaged to City property. Content: May include, but not limited to reports, investigation records and notes, and evidence relating to cost recovery against persons or entities responsible for damage to City property. Total Retention: Closed/Completion + 2 years Disposition: Destroy Securely Statutory Reference: CA GC §34090 Note: Approval Date: February 3, 2014 61 6.C.b Packet Pg. 104 Attachment: Records Retention Schedule Update - Redline Version (2552 : Records Retention Schedule Update) CITY OF GILROY RECORDS RETENTION SCHEDULE REVISED JANUARY 6, 2020 6.C.c Packet Pg. 105 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) CITY OF GILROY – RECORDS RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 1 Table of Contents Abbreviations................................................................................. 2 Citywide ......................................................................................... 5 Administration.............................................................................. 13 City Attorney ................................................................................ 14 City Clerk ..................................................................................... 17 Community Development ............................................................ 22 Finance ........................................................................................ 26 Fire .............................................................................................. 33 Fleet & Facilities .......................................................................... 37 Human Resources....................................................................... 39 Information Technology ............................................................... 44 Police ........................................................................................... 45 Public Works ............................................................................... 53 Recreation ................................................................................... 60 Risk Management ....................................................................... 62 6.C.c Packet Pg. 106 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) ABBREVIATIONS City of Gilroy – Record Retention Schedule January 6, 2020 Page 2 Abbreviations Statutory Abbreviations *Unless otherwise noted, abbreviations are for California State Statutory References Acronym Name B&P Business and Professions Code CA California CALOSHA California Division of Occupational Safety and Health CBC Building Code CCP Code of Civil Procedure CCR Code of Regulations CEQA California Environmental Quality Act CFC Fire Code CFR Code of Federal Regulations CIV Civil Code CLETS California Law Enforcement Telecommunications System policies and procedures EC Elections Code EVC Evidence Code FAC Food and Agricultural Code FPPC Fair Political Practices Commission GC Government Code GCC Gilroy City Code H&S California Health and Safety Code HIPAA Health Insurance Portability and Accountability Act IRS Internal Revenue Service LC Labor Code PC Penal Code R&T Revenue and Taxation Code USC United States Code VC Vehicle Code WIC Welfare and Institutions Code 6.C.c Packet Pg. 107 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) ABBREVIATIONS City of Gilroy – Record Retention Schedule January 6, 2020 Page 3 Other Abbreviations Acronym Name ADA Americans with Disabilities Act ALPR Automated License Plate Reader BWC Body Worn Camera CAD Computer Aided Dispatch CalPERS California Public Employee Retirement System CCTV Closed Circuit Television CCW California Concealed Weapons CDBG Community Development Block Grant CIP Capital Improvement Project DEU Disability Evaluation Unit DMR Discharge Monitoring Report DMV Department of Motor Vehicles DOJ Department of Justice DOT Department of Transportation DTCC Depository Trust & Clearing Corporation EDD Employment Development Department EMS Emergency Medical Services FI Field Interview FIPS Federal Information Processing System FMLA Family Medical Leave Act FOIA Freedom of Information Act FPPC Fair Political Practices Commission H/R Human Resources HRE Historic Resource Evaluation HTF Housing Trust Fund HUD U.S. Department of Housing and Urban Development ICC In Car Camera JPA Joint Powers Agency LAIF Local Agency Investment Fund LAN Local Area Network LAWCX Local Agency Workers’ Compensation Excess Joint Powers Authority MAIT Major Accident Investigation Team MOU Memorandum of Understanding NOC Notice of Acceptance of Completion NPDES National Pollution Discharge Elimination System OGO Open Government Ordinance OSIP Office of Self-Insurance Plans PARS Public Agency Retirement Services PBID Property and Business Improvement District 6.C.c Packet Pg. 108 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) ABBREVIATIONS City of Gilroy – Record Retention Schedule January 6, 2020 Page 4 PRA Public Records Act RFI Request for Information RFP Request for Proposals RFQ Request for Quotes RMS Records Management System SCRWA South County Regional Wastewater Authority SSO Sanitary Sewer Overflow TBID Tourism Business Improvement District TOT Transient Occupancy Tax UCR Uniform Crime Reports UUT Utility User Tax WAN Wide Area Network 6.C.c Packet Pg. 109 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) CITYWIDE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 5 Citywide Administrative Policy & Procedure Also Called: General Orders Function: Documents the policies, procedural directives and manuals developed by the City to govern its internal management functions. Content: May include, but not limited to internal policies, rules and regulations. Total Retention: Superseded + 2 years Disposition: Destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Annual & Special Reports Also Called: Function: Reports documenting the accomplishments, activities or programs of the City. Content: May include, but not limited to statistical analysis, narratives, graphs, diagrams, annual reports, status and progress reports, and similar information. Total Retention: 2 years Disposition: Destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Banking Records (Department Level) Also Called: Account Statements, Deposit Books, Deposit and Withdrawal Slips, Cancelled Checks, Check Registers, Bank Statements and Receipts Function: Records documenting the banking transactions with financial institutions, and the current status of public funds. Content: May include, but not limited to bank and account numbers, transaction dates, beginning balance, check or deposit amount, document numbers, refunds, adjustments, description of transactions, ending balance, and other related information. Total Retention: Audit + 5 years Disposition: Destroy Securely Statutory Reference: 26 CFR 16001-1; GC §34090 Note: Approval Date: February 3, 2014 Calendar and Scheduling Records Also Called: Appointment books, work schedules, planners, daily assignment sheets Function: Records kept that document and facilitate the routine planning and scheduling of meetings, appointments, daily tasks, work assignments, shift assignments, vacation and/or day off schedules. Content: May include, but not limited to weekly schedule sheets, work schedules, appointment logs, and work assignment memos. Total Retention: 2 years Disposition: Destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 110 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) CITYWIDE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 6 Chemical and Hazardous Material Inventories Also Called: Function: Documents chemicals and hazardous materials owned and/or used by the City in the course of business. Content: May include, but not limited to, material safety data sheets, disposal, use and storage records. Total Retention: 30 years Disposition: Destroy Securely Statutory Reference: 8 CCR §3204 Note: Approval Date: February 3, 2104 Complaint Files - Personnel Also Called: Function: Documents complaints about customer service, employees, employee actions or employee conduct. Content: May include, but not limited to complaint, correspondence and documented counseling. Total Retention: Resolution of complaint + 5 years Disposition: Destroy Securely Statutory Reference: GC §12946; EVC §1045; PC §801.5, 803(c); 29 USC 1027; 29 USC 1113; Note: Does not include complaints or investigations of a peace officer involved shooting Approval Date: February 3, 2014 Contracts and Agreements (Department Level) Also Called: Memorandum of Understanding (MOU); Rental Agreements. Function: Official agreements enforceable by law to acquire or provide services, equipment, or maintenance. Documents the terms and conditions of agreements between the City, private companies, other public agencies, and individuals. Content: May include copy of contracts, exhibits, bid documents, change orders and amendments and significant related correspondence. Total Retention: Capital Improvement contracts – permanent All others – end of contract + 5 years. If contract requires an audit – total retention + completion of audit, whichever is greater Disposition: Destroy Securely Statutory Reference: CCP §337, 337.1(c); 337.15, 338.1, 343; GC 53066; 4004, 34090; GCC §17A.24.3a, 17A.24.3b Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Correspondence Also Called: Function: Correspondence that pertains to routine matters. Content: May include, but not limited to incoming and outgoing letters, email, memorandums, notes, acknowledgements, reports, notices or requests. Total Retention: 2 years Disposition: Destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 111 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) CITYWIDE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 7 Employee Records (Department Level) Also Called: Function: Records documenting an employee’s history at the department level. Content: May include, but not limited to copies of personnel action forms, leave of absence forms, safety and training records, correspondence, time off requests, commendations, citations, and other employee related information. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090, 12946 Note: Approval Date: February 3, 2014 Equipment Ownership and Maintenance Records (except Fleet & Facilities) Also Called: Legal Titles, Warranties, Maintenance Logs Function: Records documenting the legal ownership and maintenance of all city-owned equipment. Content: May include, but not limited to date of purchase or lease, purchase price, warrantee information, ownership information, owner’s manual, maintenance logs, and maintenance/service agreements. Total Retention: Life of the equipment, but not less than 2 years Disposition: Destroy Statutory Reference: GC §34090 Note: Also see Fleet & Facilities Vehicle Maintenance Ownership and Maintenance Record Approval Date: February 3, 2014 Revised Date: January 6, 2020 Events – City Sponsored Also Called: Festivals, Galas, Anniversary Celebrations, Receptions Function: Records the history and planning of events sponsored by the City. Content: May include, but not limited to mailing lists, invitations, photographs, media releases, correspondence, event diagrams, and agenda Total Retention: 2 years Disposition: Destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 6.C.c Packet Pg. 112 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) CITYWIDE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 8 Gifts and Donations to the City Also Called: Memorials Tributes Function: Records document gifts and contributions to the City that result from donations, memorials, or tributes by private individuals or corporations. Content: May include, but not limited to donor and acknowledgement letters, acquisition lists itemizing purchased made with contributed money (books, art, equipment, etc.) checks, receipts, conditions or restrictions, and related administrative records. Total Retention: Gift with conditions and/or restrictions – Permanent or Deaccessioned Inventory List – Until Superseded All other records – 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: See also: Recreation - Museum Approval Date: February 3, 2014 Revised Date: January 6, 2020 Grant Records (Development Level) Also Called: Function: Documents the application, evaluation, awarding, administration, monitoring, and status of grants in which a local government entity is the recipient, grantor, allocator, or administer. Grants may come from federal or state governments, foundations or other private funding sources. Content: Records may include buy not limited to: applications including project proposals, summaries, objectives, activities, budgets, exhibits, an aware notification, grant evaluation records and recommendations concerning grant applications, grant administration records including progress reports, budgets, project objectives, proposals, and summaries, records documents allocations of funds, contracts, records monitoring project plans and measuring achievement, equipment inventories, financial reports, accounting records, audit reports, expenditure reports, and related correspondence and documents. Total Retention: Successful grants – completion of grant program + 10 years HUD Grants – 3 years CDBG/HTF Grants – 4 years Unsuccessful grants – 2 years If grant requires an audit – total retention + completion of the audit; whichever is longer Disposition: Destroy Securely Statutory Reference: GC §34090; 2 CFR 200.333; 21 CFR 1403.36(i)(11) & 1403.42(b); 24 CFR 85.42, 91.105(h) & 570.502(b), 29 CFR 97.42; 24 CFR 85.42, 24 CFR 570.502 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 6.C.c Packet Pg. 113 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) CITYWIDE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 9 Insurance Policy and Certificate of Insurance Also Called: Function: Documents the terms and conditions of insurance policies between the City and insurers. Types of insurance include liability, property, group employee health and life, motor vehicle, workers’ compensation, and others. Proof of insurance includes certificates and endorsements documents insurance coverage required for city contracts, permits, leases and all other agreements. Content: Records including policies, insurance certificates, endorsements, premium rate change notices, agent of records, and related documents. Total Retention: Termination of contract, lease, permit and other agreements + 5 years Disposition: Destroy Securely Statutory Reference: GC §34090, 12946; CCP §337, 338.1 Note: Insurance certificates related to contracts and agreements are maintained in the City Clerk’s Office. Approval Date: February 3, 2014 Revised Date: January 6, 2020 Loan Records Also Called: Function: Records relating to loans issued or monitored by the City. Content: May include, but not limited to, loan applications, correspondence, program guidelines, loan ledgers, subordination requests, payment schedules, approvals, and documentation of monies loaned by the City. Total Retention: Final Payment + 4 years Disposition: Destroy Securely Statutory Reference: CCP 337 Note: Approval Date: January 6, 2020 Meeting Records (for Council, Boards, Commissions, Committees, and all other Brown Act Bodies) Also Called: Advisory Body Meeting Records Function: Documents the proceedings of public bodies governed by the Brown Act and Gilroy Open Government Ordinance Content: May include agendas, exhibits, indexes, staff reports, affidavits, correspondence, speaker slips, closed session meeting materials, rules of procedure or Bylaws, proof of publication, audio and/or video recordings, minutes, resolutions and ordinance, and other related documentation, Total Retention: Minutes, resolutions and ordinances – permanent Speaker cards – 90 days Audio and video recordings – 20 years Rules of procedure/Bylaws – superseded + 2 years All other documents – 2 years Disposition: Destroy Statutory Reference: GC §34090; GCC §17.A.15 Note: The City Clerk’s Office is the office of record for meeting records pertaining to the City Council and all standing committees of the Council. All other meeting records are maintained in the department that supports the particular Policy Body. Approval Date: February 3, 2014 Revised Date: January 6, 2020 6.C.c Packet Pg. 114 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) CITYWIDE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 10 Meeting Records for Non-Brown Act Bodies Also Called: Internal Meetings, Subcommittee Meetings Function: Documents the proceedings of meeting bodies that are not governed by the Brown Act. Content: May include minutes, agendas, correspondence, and audio or visual recordings. Total Retention: 2 years Disposition: Destroy Statutory Reference: GC §34090 Note: Records from meetings that are not open to the public and/or subject to the Brown Act or Gilroy Open Government Ordinance. Approval Date: February 3, 2014 Revised Date: January 6, 2020 News Releases Also Called: Function: Prepared statements and announcements issued to the news media by the City. Content: May include, new releases, media advisories, radio messages, message boards and presentations Total Retention: 2 years Disposition: Destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Participant Registration and Attendance Records (Department Level) Also Called: Function: Documents the registration and attendance of participants in sponsored events, activities, and classes. Content: Records may include registration forms or cards, class or activity rosters, consent/waiver forms, and related documents. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Project & Administrative Files (Department Directors) Also Called: Function: Records created by executive city staff that documents the research, creation, application of community projects, programs, or document the leadership role and decision making process of city executives. Content: May include, but not limited to project or program files, executive administration files. Total Retention: Project completion + 2 years Disposition: Destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 115 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) CITYWIDE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 11 Public Records Request Also Called: Requests for Public Records, California Public Record Act Requests, PRA’s, Freedom of Information Act (FOIA) Requests Function: Requests for information pursuant to California Government Code §6250 and GCC Section 17.A. Content: May include, but not limited to a description of the records being requested, Records Request Form, correspondence, request tracking records. Total Retention: 2 years Disposition: Destroy Statutory Reference: GC §34090; GCC §17.A Article III Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Publications Also Called: Newsletters Function: Publications produced by the City and made available to the public. Content: May include, newsletters, pamphlets, brochures, leaflets, reports, studies, proposals, and similar published records. Total Retention: Active + 2 years Disposition: Destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Request for Qualifications, Proposals & Bids Also Called: RFP, RFQ, RFI and/or Bids Function: Records related to contract proposals for City projects and/or purchases. Content: May include, but not limited to request for proposals (RFP), request for qualifications (RFQ), request for information (RFI), bid exemption documents, bid and quote lists, notices of bid opening and award, comparison summaries, spreadsheets, tabulation worksheets, bid advertising records, tally sheets, bid specifications, bid award letter, and other related correspondence or records. Total Retention: Unsuccessful Bid, RFP, RFQ, or RFI – 2 years Successful Bid, RFP, RFQ, or RFI – end of contract + 5 years If audit required – end of contract + 5 years or total retention + completion of the audit; whichever is longer Disposition: Destroy Securely Statutory Reference: CCP §337; GC §34090; GCC §17A.24.3 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Special Events Also Called: Special Event Permits Function: Records supporting the process to request a Special Event permit for block parties, street closures, parades, circus or carnival, film permit. Content: May include, but not limited to, application form, correspondence, event diagram. Total Retention: Completion of event + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 6.C.c Packet Pg. 116 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) CITYWIDE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 12 Speeches Also Called: Function: Documents the history of speeches delivered by City staff and Elected Officials. Content: Records may include notes or text of speeches, papers, or reports delivered in conjunction with City business. Total Retention: 2 years Disposition: Destroy Statutory Reference: GC §34090; GCC 17.A Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Surveys and Questionnaires Also Called: Function: Records related to data collection. Content: May include, notes or papers used to develop survey tools, data collection tools, results or analysis of collected data, and reports. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Technical Manuals, Specification, and Warrantees Also Called: Function: Owner’s manuals and warranties for City owned vehicles and equipment. Content: Specifications, operating instructions, safety information, warranties and terms of coverage. Total Retention: Manuals – life of the equipment, but not less than 2 years Warranties – warranty expiration, but not less than 2 years Disposition: Destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Work Orders Also Called: Maintenance, Service, Technical Requests Function: Internal records documenting requests and authorizations for services, including equipment and other City owned property. Content: May include, but not limited to service and installation requests, repair authorizations, orders for scheduled and unscheduled maintenance. Total Retention: 2 years Disposition: Destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 6.C.c Packet Pg. 117 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) ADMINISTRATION RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 13 Administration Economic Development Project Files Also Called: Function: Records documenting project research, project planning and project development. Content: May include, but not limited to, correspondence, individual project agreements, research data and funding records. Total Retention: Completed projects (Planning Related) – Permanent Other Completed Projects – Permanent (department preference) * Prospected projects – 2 years or project abandoned, whichever is longer Disposition: Destroy Statutory Reference: GC §34090; CCP 337; GCC 30.51.10(d) Note: Series transferred from Community Development on January 6, 2020; Approval Date: February 3, 2014 Revised Date: January 6, 2020 Photographs and Clippings Also Called: News clippings Function: Documents an event, time period, department, or the city generally in chronological order, or similar records of the City’s history. Content: May include, but not limited to news clippings, photographs, timeline graphs, and other memorabilia that commemorates an event. Total Retention: Items of Historical Values – Permanent All other records – 2 years Disposition: Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 * Retention required by law: Close of Project + 5 years 6.C.c Packet Pg. 118 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) CITY ATTORNEY RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 14 City Attorney Advice Files Also Called: Advisory files Function: Legal advice to City departments Content: All documents relating to subject. Total Retention: 4 years (department preference) * Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Advice Files – Bonds Also Called: Bond and Assessment Districts files Function: Legal advice on bond and assessment district issues. Content: All documents relating to subject. Total Retention: Municipal Bonds and Assessment District life + 10 years Disposition: Destroy Securely Statutory Reference: CCP 337.5, 337.6; GC §34090, 53921, and 43900 et seq. Note: Approval Date: February 3, 2014 Closed Session Materials Also Called: Function: Brown Act Requirement and Tracking Council Actions. Content: Itemized actions requested Total Retention: Until no longer needed but no less than 2 years (department preference) * Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Code Files (Civil) Also Called: Abatement; injunctions; nuisance; gun and drug evictions Function: Case files Content: Moving papers and other case related documents Total Retention: Case Resolution + 5 years (department preference) ** Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Lead agency is the office of record Approval Date: February 3, 2014 * Retention required by law: 2 years ** Retention required by law: Case Resolution + 2 years 6.C.c Packet Pg. 119 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) CITY ATTORNEY RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 15 Criminal Prosecution Files Also Called: Misdemeanor Files; Infraction Files Function: Criminal case files Content: Citations, complaints, warrants, other case documents Total Retention: 1 year active; 4 years inactive – total 5 years (department preference) * Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Presiding court is office of record. Approval Date: February 3, 2014 Legal Opinions Also Called: Opinion memos Function: Advice memoranda to client departments Content: Memoranda in written or electronic format. Total Retention: Permanent or until superseded (department preference) ** Disposition: Store in paper or electronic format; do not destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Litigation Files Also Called: Lawsuits Function: Civil Case files Content: All documents relating to case including complaints, police reports, court orders, motions, notes, briefs, closing statements, including Pitchess Motions and Weapon Destruction Petitions. Total Retention: Until no longer needed (at least 5 years) Disposition: Storage; save dispositive orders and agreements to electronic format and destroy paper after retention Statutory Reference: CCP §335 et seq.; GC §911.2, 945, 34090, 34090.6; EC §1040, 1043 and 1045; PC §832.5, 832.7 Note: Presiding court is office of record Approval Date: February 3, 2014 Outside Counsel Agreements Also Called: Retainer letters; RFQ/Proposal for Legal Services Function: Advice memoranda to client departments Content: MRFQ and current retainer agreement. Total Retention: Lifetime of matter for which firm is retained (department preference) *** Disposition: Destroy paper file and/or store electronically after retention Statutory Reference: GC §34090; CCP §337 Note: Original contracts, agreements and MOU’s are held by the City Clerk’s Office Approval Date: February 3, 2014 * Retention required by law: inactive + 2 years ** Retention required by law: active + 2 years *** Retention required by law: active + 4 years 6.C.c Packet Pg. 120 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) CITY ATTORNEY RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 16 Tenders of Defense Also Called: Tender letters Function: Request and agreement for representation between City employee and the City Attorney Content: Original Consent to Representation/Waiver of Conflict and Notification of Lawsuit/ Request for Defense forms. Total Retention: Until no longer required (department preference) * Disposition: Destroy paper file and/or store electronically after retention Statutory Reference CCP §335 et seq.; GC §911.2, 945, 34090 Note: Approval Date: February 3, 2014 * Retention required by law: 5 years 6.C.c Packet Pg. 121 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) CITY CLERK RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 17 City Clerk Annexations Also Called: Function: Documents the history of land annexations. Content: May include, but not limited to correspondence, agreements, recorded maps, public notices, and reports. Total Retention: Permanent Disposition: Statutory Reference: GC §34090 Location: City Clerk’s record room Note: Approval Date: February 3, 2014 Assessment Proceedings Also Called: Improvement Districts, Community Facilities Districts, Business Improvement Districts Function: Document the tabulation of ballots relating to assessment districts such as community facilities districts, landscape and lighting districts, and property and business improvement districts. Content: May include ballots and certifications, correspondence and other related documents. Total Retention: Life of District + 2 years Disposition: Destroy Securely Statutory Reference: EC §17302, 17306, CA Constitution Article XIII, GC §34090, 53753(e)(2) Location: City Clerk’s record room Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Board, Commission and Committee Appointments Also Called: Function: Administrative files of persons appointed to a City of Gilroy board, commission or committee, including ad-hoc, task force and sub-committees. Content: May include, but not limited to the member’s application, oath of office, ethics training certificate, OGO training certificate, and correspondence. Total Retention: End of appointed term + 5 years Disposition: Destroy Securely Statutory Reference: GC §34090, 53235.2(b); GCC §17A.37 Location: City Clerk’s record room Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 6.C.c Packet Pg. 122 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) CITY CLERK RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 18 Boards, Commissions and Committees Recruitment (Unsuccessful) Also Called: Function: Documents the recruitment process of persons who have applied to serve on a City Board, Commission or Committee. Content: May include, but not limited to applications, recruitment administrative records, announcements and correspondence. Total Retention: Duration of the selection process (current year) + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Location: City Clerk’s record room Note: See Board, Commission and Committee Appointments for records of successful applicants Approval Date: February 3, 2014 Charter and Articles of Incorporation Also Called: Function: A written instrument that creates and defines the right and privileges of the City. Content: May include, but not limited to original charter, petitions for incorporation, constitution, by-laws, and amendments. Total Retention: Articles of Incorporation – permanent City Charter – permanent Disposition: Destroy Securely Statutory Reference: GC §34090, 34458-60; Gilroy City Charter Location: City of Gilroy Vault Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 City Code Also Called: Function: The City Code documents all ordinances and ordinance amendments passed by the Gilroy City Council. The City Code is updated as new ordinances are adopted by the City Council. Content: City of Gilroy Code contains all active legislative action for the City of Gilroy. Total Retention: Permanent Disposition: Statutory Reference: GC §34090(e) Location: City Clerk’s record room Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 City Council Resolutions and Ordinances Also Called: Function: Legislative and non-legislative actions that documents the City’s policy development. An ordinance defines a law set forth by the City Council; a resolution is a formal expression of opinion, will, or intent voted by the official body. Content: Final, numbered, signed resolutions and ordinances Total Retention: Permanent Disposition: Statutory Reference: GC §34090(e) Location: City of Gilroy Vault Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 123 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) CITY CLERK RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 19 City Seal and Flag Also Called: Function: Historic record of revisions to City Seal and Flag. Content: Total Retention: Permanent Disposition: Statutory Reference: GC §34090 Note: The City Seal is the official mark of the City, generally used in embossed form to guarantee the authenticity of a City document Approval Date: February 3, 2014 Revised Date: January 6, 2020 Contracts and Agreements Also Called: Memorandum of Understanding (MOU) Function: Official agreements enforceable by law to acquire or provide services, equipment, or maintenance. Documents the terms and conditions of agreements between the City, private companies, other public agencies, and individuals. Content: May include contracts, agreements, exhibits, change orders and amendments and significant related correspondence. Information in contracts may include certificate of insurance, dates, terms, parties involved, period covered, and other supporting documents used in managing the contract. Total Retention: Capital Improvement contracts – permanent Non-capital contracts end of contract + 5 years. If contract requires an audit, the records shall be held the total retention + completion of audit. Disposition: Destroy Securely Statutory Reference: CCP §337; 337.1(a); 337.15, 343; GC §34090; GCC §17A.24(c) Location: City Clerk’s record room Note: Approval Date: February 3, 2014 Elections Also Called: Function: Records the activities of the general and special elections. Content: May include, but not limited to candidate nomination papers, candidate statements, ballot designation worksheet, candidate information request form, voluntary expenditure ceiling statement, code of fair campaign practices form, canvass, oath of office, election calendar, City Attorney analysis, arguments/rebuttals for City ballot measures, and referendum and initiative petitions. Total Retention: Certified election results (canvass) – permanent Successful candidates end of term +7 years Unsuccessful candidate election + 5 years Election calendar election + 2 years Ballot measures election + 8 months Petitions shall be retained until election results are certified or final examination if no election + 8 months Disposition: Destroy Securely Statutory Reference: GC §34090, 81009; EC §17302, 17200, 17400 Location: City Clerk’s record room Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 6.C.c Packet Pg. 124 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) CITY CLERK RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 20 Eminent Domain Also Called: Function: Records relating to the process initiated by the City to acquire private property for public use. Content: May include, but not limited to, relocation assistance, title reports, settlement statements, and acquisition agreements. Total Retention: Deed, title report and court documents – permanent. All other close + 10 years Disposition: Destroy Securely Statutory Reference: GC §34090; 14 CCR §15095(c) Location: City Clerk’s record room Note: Retention required by law is a “reasonable period of time” Approval Date: February 3, 2014 Fair Political Practices Commission (FPPC) Filings Also Called: FPPC Filings, Form 400, 500, 700, and 800 series. Function: Documents the history of candidate financing and economic interest statements of elected officials, appointed members and employees specified in the City Conflict of Interest Code. Content: May include, but not limited to FPPC Forms 400 Series – Campaign Disclosure Forms, Statement of Organization; FPPC Form 500 Series – Candidate Intention Statement; FPPC Forms 700 Series – Statements of Economic Interests; FPPC Forms 800 Series – Gifts, Tickets, Behest Payments, Agency Report of Public Official Appointments. Total Retention: Form 400 Series – Campaign Disclosure Forms (successful candidate) - permanent Form 400 Series – Campaign Disclosure Forms (unsuccessful candidate) election +7 years Form 400 Series – Statement of Organization end of term + 7 year Form 500 Series – Candidate Intention Statement (successful candidate) – permanent Form 500 Series – Candidate Intention Statement (unsuccessful candidate) – election + 7 year Form 700 Series – Statement of Economic Interests end of term + 7 years Form 800 Series – Gifts, Tickets, and Behest Payments end of term + 7 years Form 800 Series – Agency Report of Public Official Appointments until superseded Disposition: Destroy Securely Statutory Reference: GC §34090, 81009 Location: City Clerk’s record room Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 6.C.c Packet Pg. 125 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) CITY CLERK RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 21 Records Management Also Called: Function: Documents the authorize retention, scheduling, inventory and disposition of public records. Content: May include, but not limited to procedural guidelines, records retention schedules, inventory reports, disposal lists, and destruction reports. Total Retention: Disposal lists, and destruction reports – permanent Records retention schedules, policies and procedures shall be retained until superseded + 2 years All other administrative records management records shall be retained for 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Location: City Clerk’s record room Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 126 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) COMMUNITY DEVELOPMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 22 Community Development Building Project Files Also Called: Construction Files, Construction Permits Function: Records serve as official authorization for construction and infrastructure work within the City. Content: May include, but not limited to, building, construction, applications, permits, grading, installation of plumbing, electrical, mechanical equipment and other related work, signs, grading, utilities, and temporary uses. Total Retention: Non-residential building plans – life of building + 5 years Building Permits – life of building + 5 years All other records – completed + 2 years Disposition: Destroy Statutory Reference: GC §4004, 34090; H&S §19850; CBC §1.8.4.3.1 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Capital Improvement Construction Records Also Called: City Owned Facility Construction Records Function: Documents the construction of city owned facilities. Content: May include, but not limited to, blueprints, plans, specifications, permits, and other related material. Total Retention: Permanent (department preference) * Disposition: Statutory Reference: GC §34090; H&S §19850 Note: Original contracts and agreements are kept in the City Clerk’s Office Approval Date: February 3, 2014 Code Enforcement Complaint Files Also Called: Function: Documents complaints regarding building, housing, zoning, blighted property, illegal structures, weed abatement, vehicle abatement, and citations. Content: May include, but not limited to, complaint form, case files, correspondence, lien notices, and photos. Total Retention: Recorded liens – permanent All other records – close of enforcement + 5 years Disposition: Destroy Securely Statutory Reference: GC §34090; CFC §104.6; CCP §337 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 * Retention required by law: life of building + 5 years 6.C.c Packet Pg. 127 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) COMMUNITY DEVELOPMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 23 Environmental Quality Also Called: CEQA Function: Records relating to California Environmental Quality Act (CEQA), asbestos, soil, environmental and congestion management Content: May include, but not limited to, correspondence, analysis, abatement projects, exemptions, environmental impact reports and drafts, mitigation monitoring, negative declaration, notices of completion and determination, statements of overriding considerations Total Retention: CEQA – Permanent (Department Preference) * Asbestos, Soils Reports – Project Completion + 10 years (Department Preference) ** Final EIR - Permanent All other – closed + 5 years Disposition: Destroy Statutory Reference: 8 CCR §10102; CEQA Guidelines 15095, 15095(c), GCC §30.51.10(d) Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 General Plan, Housing Element and Other Specific or Master Plans Also Called: Neighborhood Plans, Community Plans, Specific Plans, Master Plans Function: Records documenting the preparation and adoption of the general plan and amendments, housing element, community plans, neighborhood plans, specific plans, master plans, land use and infrastructure studies, and other plan updates. Content: May include, but not limited to, plan documents and elements, notices, project correspondence, studies, staff reports, or other related materials Total Retention: Plan documents and elements – permanent (department preference) *** General Plan Amendment Applications - permanent All other records – completion + 2 years Disposition: Destroy Statutory Reference: GC §34090, GCC §30.51.10(d) Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Hazardous Materials and Hazardous Waste Also Called: Function: Records relating to hazardous materials storage, pest control, underground storage tanks and household hazardous waste programs and waste regulating programs. Content: May include, but not limited to, correspondence, training materials, permits, pesticide applications, inspections, sampling documents; location, installation, removal and remediation of underground tanks and maintenance and operations Total Retention: Underground storage tanks – permanent Household hazardous waste programs – 3 years California Unified Program Agency Records – 5 years All other records – closed + 2 years Disposition: Destroy Securely Statutory Reference: H&S §12946,19850; 22 CCR §66265.15, 22 CCR §66262.40, 23 CCR §66265.73, 23 CCR §2712, 27 CCR §15185 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 * Retention required by law: A reasonable period of time ** Retention required by law: 2 years *** Retention required by law: superseded + 2 years 6.C.c Packet Pg. 128 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) COMMUNITY DEVELOPMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 24 Historic Preservation Files Also Called: Historic Buildings and Landmarks, Historic Resources Inventory, Historic Resource Evaluation (HRE) Function: Records relating to historic buildings and landmarks within the City of Gilroy. Content: May include, but not limited to, inventory or survey of historic resources, blueprints, drawings, maps, plans, evaluations, correspondence, staff reports, permits, variances, studies, and other related materials. Total Retention: Projects related to Planning Applications – Permanent Historic Resource Inventory - superseded + 2 years Historic Resource Evaluations (HREs) – permanent (Department preference) * Disposition: Destroy Securely Statutory Reference: GC §34090; GCC §30.51.10(d) Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Home Occupation Permit Application Also Called: Function: Applications for conducting a business out of a residence. Content: Home occupancy permit application and related material. Total Retention: Closed + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Industrial Permits/Inspections Also Called: Function: Documents inspections/permits completed by the department for purposes of permit requirements or compliance, internal department process or procedures. Content: May include, but not limited to waste disposal manifest and material testing data, storm water industrial inspections, inspection approvals and violations, AB939 implementation, disposal receipts and manifests, both hazardous and non-hazardous, hazardous waste permits, storage, disposal programs, reports studies, complaints, ponds, underground storage tanks compliance, pretreatment inspection records, documents, sampling analysis. Total Retention: Hazardous waste related records and manifest – 3 years California Unified Program Agency records – 5 years Underground storage tanks – permanent Pretreatment – 3 years Storm water inspections and video inspection reports, AB939 records – 5 years All other records – 2 years Disposition: Destroy Securely Statutory Reference: GC §34090; H&S §19850; 40 CFR 141.33; 40 CFR 141.91; 40 CFR 122.41; 27 CCR §15185, 22 CCR §66265.15, 22 CCR §66262.40, 23 CCR §66265.73, 23 CCR §2712, and GCC 19.106.d.8 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 * Retention required by law: superseded + 2 years 6.C.c Packet Pg. 129 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) COMMUNITY DEVELOPMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 25 Planning Project Files Also Called: Zoning Project Files Function: Records documenting the regulation and use of land, buildings, or other structures for residences, commerce, industry and other uses including the regulation of the location, height, and size of structures and approvals for real property development. Content: May include, but not limited to, tentative maps, architectural and site, variances temporary use permits, conditional use permits, sign permits, blueprints, drawings, maps, plans, evaluations, staff reports, studies, appeals, and other related material. Total Retention: Completed projects – permanent Not completed or denied –closed + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090; GCC §30.50.10(d) Note: Approval Date: February 3, 2014 Unreinforced Masonry Building Preservation Project Files Also Called: URM Buildings Function: Records relating to unreinforced masonry building structures or modifying existing unreinforced masonry buildings. Content: May include, but not limited to, blueprints, drawings, maps, plans, evaluations, correspondence, staff reports, studies, appeals, and other related material Total Retention: Life of building + 5 years Disposition: Statutory Reference: GC §34090; CCP §337 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Solid Waste Operations Also Called: Function: Documents pertaining to sanitation and solid waste services including landfill operations and waste disposal. Content: May include, but not limited to work orders, receipt books, AB939 implementation, disposal receipts and manifests (both hazardous and non-hazardous), recycling programs, landfill management reports, and related administrative files. Total Retention: Hazardous waste related records, landfill management reports, work order database – permanent AB939 records, receipt books, administrative files – 5 years All other records – 2 years Disposition: Destroy Securely Statutory Reference: 40 CFR §141.33; 40 CFR §141.91; 40 CFR §122.41; GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 130 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) FINANCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 26 Finance Accounting Journals Also Called: Journal entries, journal vouchers Function: Documents financial transactions. Content: May include, but not limited to, accounting journals. Total Retention: Audit + 4 years Disposition: Destroy Securely Statutory Reference: CCP 337; GC §34090 Note: Approval Date: February 3, 2014 Accounting Records Also Called: Accounting Year-end files Function: Documents financial information necessary to prepare financial statements and demonstrate adequate internal controls over accounting and financial reporting. Content: May include, but not limited to, financial statement compilations, lead and detail schedules, trail balance reports, bank statements, general ledger reconciliations, capital asset schedules, debt amortization schedules, unclaimed property records, State Controller’s Office annual reports, sales and use tax returns, and EDD DE542 Forms. Total Retention: General Ledger and State Controller report – audit + 2 years Capital assets schedules – audit + 4 years Annual financial reports – closed/completion + 4 years All other records – audit + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090; CCP §337 Note: Approval Date: February 3, 2014 Accounts Payable Records Also Called: Vouchers, vendor payments Function: Documents vendor information and support for payments to vendors for goods, services, or other obligations. Content: May include, but not limited to, vendor invoices, payment vouchers, cleared checks, check registers, IRS 1099 Forms, IRS W9 Forms, CA Forms 587 and 590. Total Retention: Audit + 4 years Disposition: Destroy Securely Statutory Reference: CCP §337 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 131 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) FINANCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 27 Assessment and Mello-Roos District Administration Also Called: Maintenance Districts, Bond Districts, Acquisition Districts, PBIDs, Community Facilities Districts Function: Records of the levying of taxes and assessments for maintenance and construction, and distribution of funds. Content: May include, but not limited to, annual reports, tax rolls, maps; engineer’s reports, acquisition and shortfall agreements, cost verification letters and binders, budget journals, cost accounting records. Total Retention: Termination of district + 10 years Disposition: Destroy Securely Statutory Reference: GC §34090, 53921, and 43900 et seq; CCP §337.5, 337.6 Note: Approval Date: February 3, 2014 Audit Also Called: Independent Auditor Analysis Function: Supports the implementation of Auditor’s recommendations and recommendation follow up. Content: May include, but not limited to, final audit reports, studies, correspondence, and other materials to support the audit function. Total Retention: Final audit reports – permanent All other records – close of audit + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090; PC §799 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Bond Development Files Also Called: Project Development Files Function: Documents the bond process from preliminary planning stages up to issuance of the bonds, and records of bond feasibility for special projects including security associated with bond financing Content: May include, but not limited to, financing schedules, final interested parties list, asset management/lease program documents, preliminary title reports, press releases, JCFA agreements, rating agency presentation, rating agency reports, pricing book, records of cost of issuance expenditures, letters of credit and extension letters, meeting notes, appraisals, absorption studies, feasibility reports and studies, tax returns, business plans, correspondence, media articles and other documents with significance to the bond financing. Total Retention: Successful Bonds – close of bond + 10 years Unsuccessful Projects – closed + 2 years Disposition: Destroy Securely Statutory Reference: IRS Code §103, 6001, 1.148-5(d)(6)(iii)(E); CCP §337.5; 337.6; GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 132 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) FINANCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 28 Bond Maintenance Files Also Called: Bond Transcripts and Legal Documents Function: Documents all activity that occurs after the issuance of the bonds and coupons, and documentation of bond sales. Content: May include, but not limited to, trustee actions, disclosures, arbitrage calculations, reports, tax levy/tax reports, audits, certificates of insurance, investment transactions, and requisitions, bonds and coupons, records documenting the allocation of expenditures for construction, renovation, or purchase of facilities, draw schedules, asset lists, schedule of bond-financed facilities or equipment, depreciation schedules, records of the purchase and sale of bond financed assets, agreements related to the private use of bond financed assets, preliminary and official statements, tax certificates, Internal Revenue Service forms, disclosures certificates, bond insurance or surety, bond payment requisitions, and deposits, and special district information. Total Retention: Close of bond + 10 years Disposition: Destroy Securely Statutory Reference: IRS Code §103, 6001, 1.148-5(d)(6)(iii)(E); CCP §337.5; 337.6 Note: Approval Date: February 3, 2014 Business Licenses Also Called: Function: Licensing documents of individuals and corporations doing business within the City of Gilroy. Content: May include, but not limited to license applications, reports, licenses and correspondence. Total Retention: Termination of license + 4 years Disposition: Destroy Securely Statutory Reference: CCP §337; GC §34090 Note: Approval Date: February 3, 2014 City Budget Also Called: Operating Budget, Capital Improvement Budget, Financial Plan, Budget Journals Function: Records documenting the annual financial plan approved by the City Council. Content: May include, but not limited to final adopted budget, capital improvement budget; mid- year budget review reports; budget operating adjustments, labor projection reports, budget forecasts and other records used to establish, move or amend budgets Total Retention: Final budget reports – audit + 2 years All other records – audit + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 133 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) FINANCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 29 Daily Investment Activity Also Called: Function: Records representing a summary of all maturities, purchases, dividend and interest settlements, inventory and earnings, and cash transfers for each business day. Content: May include, but not limited to, wire requests and transfers, directives approved and affirmed, fixed and equity trade tickets, DTCC Trade confirmations. Total Retention: Audit + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Department Databases Also Called: SunGard, Pentamation Function: Databases used by the Department. Content: May include, but not limited to software database systems containing accounting and budgeting data Total Retention: Superseded + 4 years Disposition: Destroy Statutory Reference: GC §34090; CCP §337 Note: Approval Date: February 3, 2014 Investment Records Also Called: Investment Transactions, Investment Agreements Function: These records document all investment activity that occurs each month and all banking and investment agreements Content: May include, but not limited to, monthly LAIF statements, monthly CalTrust statements, non-negotiable CDs, securities litigation claim forms and settlements, securities leading reports, and performance history reports, investment agreements with outside agencies including JPA’s such as South County Regional Wastewater Authority. (no applicable investment agreements with the Library) Total Retention: Audit + 4 years Disposition: Destroy Statutory Reference: CCP §337 Note: Approval Date: February 3, 2014 Investment Committee Records Also Called: Function: These records document all activity that occurs for the City’s portfolio. Content: May include, but not limited to, quarterly investment reports to City Council. Total Retention: Audit + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 134 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) FINANCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 30 Lease Agreements Also Called: Function: Official lease agreements enforceable by law. Documents the terms and conditions of leases between the City and private companies, other public agencies and individuals. Content: May include but not limited to, original lease, exhibits, and correspondence. Total Retention: End of lease + 5 years Disposition: Destroy Securely Statutory Reference: CCP §337, 337.1(c); 337.15, 343; GC §53066, 4004 Note: Approval Date: February 3, 2014 Payroll Records Also Called: Payroll Reports Function: Documents the earnings, deductions and withholdings of employees. Content: May include, but not limited to quarterly payroll tax returns (DE-6 & 941 Forms), salary record, employee timesheet; direct deposit forms, garnishments records, labor distribution reports, cleared payroll checks, IRS W -2 Forms, and employee payroll forms IRS W -4 Forms, address changes, and election forms. Total Retention: Federal and State Tax reports – audit + 4 years Salary reports and employee time sheets – termination + 3 years All other records – audit + 2 years Disposition: Destroy Securely Statutory Reference: IRS Reg §31.6001-1(e)(2), 26 CFR §1.6001-1; R&T §19530; GC §34090; 29 CFR 516.2; 29 CFR 516.5; LC §1174(d) Note: Approval Date: February 3, 2014 Payroll Deduction Records Also Called: Deferred Compensation Statements, Retirement Reports, Payroll Registers Function: Documents pension and deferred compensation contributions. Content: May include, but not limited to payroll registers, retirement reports, California Public Employees’ Retirement System (PERS) employee deduction reports and deferred compensation statements. Total Retention: Payroll register – permanent Deferred compensation reports – termination + 5 years All other records – termination + 4 years Disposition: Destroy Securely Statutory Reference: 26 IRS 1.6001-1(c); 29 CFR 516.5; 29 CFR 516.6; LC §1174(d); CCP §337 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 135 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) FINANCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 31 Project Documents Also Called: Capital Projects, Capital Improvement Projects Function: These records include documentation that establish, change, amend, or close projects, including capital projects, assessment district capital improvement projects, private development fund projects, operating grants, external funded programs, special program donations, and non-capital multi-year projects. Content: May include, but not limited to records of capital project, assessment district CIP, private development fund, operating grants, external funded programs, specials program donations, and non-capital multi-year project materials. Total Retention: Project + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Purchasing Records Also Called: Purchase Orders, Purchasing Requests, Purchasing Cards Function: Records orders, authorizations, and evidence of receipt of the purchase of goods and services by the City. Content: May include, but not limited to description of goods and services, shipping instructions, bills of lading, receipts, requisitions, invoices, purchase orders and purchasing card documents. Total Retention: Requisitions/purchase orders – audit + 4 years All other records – audit + 2 years Disposition: Destroy Statutory Reference: CCP §337; GC §34090 Note: Approval Date: February 3, 2014 Revenue Records Also Called: Accounts Receivable, Utilities Users Tax (UUT), Transient Occupancy Tax (TOT), Tourism Business Improvement District (TBID) Function: Records documenting revenues owed to the City by citizens, organizations, vendors and others to be credited to accounts. Also, documents billing and collection of monies. Content: May include, but not limited to records of the collection for , liens, return check processing, cash receipts; credit, debit, utility users tax, transient occupancy tax; Gilroy tourism business improvement district and deposit slips. Total Retention: Lien records – permanent Deposit records – audit + 4 years Taxes receivable – audit + 3 years All other revenue records – 2 years Disposition: Destroy Securely Statutory Reference: GC §34090; CCP §337, 338 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 136 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) FINANCE RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 32 Special Permits Also Called: Function: Documents the application and review process for special permits such as billiards, mobile vendors, taxi drivers, and tow truck drivers Content: May include, but not limited to application forms, DMV forms, pictures, and permit documentation. Total Retention: Permit expiration + 4 years Disposition: Destroy Securely Statutory Reference: GC §34090; CCP §337 Note: Approval Date: February 3, 2014 Utilities Customer Information Also Called: Utility Billing Records Function: Documents all information pertaining to customer accounts, both residential and commercial, for water and sewer services. Content: May include, but not limited to payment and billing information, owner information, meter readings, financial adjustments, customer contracts, application and termination of service forms, leak adjustment letters, back-bill notices, field activities data contained in the electronic customer information system database and correspondence. Total Retention: Billing records, Deposit Records, Adjustment Records, & Applications – audit + 4 years All other records – 2 years Disposition: Destroy Securely Statutory Reference: GC §34090; CCP §337 Note: Approval Date: February 3, 2014 Vendor Register Also Called: Function: Record of vendors providing goods and services to the City Content: May include, but not limited to vendor listing for purchase orders, and records of invoices, account numbers and check dates. Total Retention: Superseded +2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 137 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) FIRE DEPARTMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 33 Fire Citations Also Called: Violations; Code Violations Function: Documents the Fire Department investigations of infractions, solved and unsolved that occurred within the City of Gilroy. Content: May include, but not limited to misdemeanors, traffic, parking, or criminal citations or administrative penalties. Total Retention: case resolution + 5 years or life of building, whichever is longer Disposition: Destroy Securely Statutory Reference: GC §34090; 2019 CFC §104.6.2 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Crime Reports Also Called: Arson Reports Function: Documents the Fire Department investigations of crimes, solved and unsolved that occurred within the City of Gilroy. Content: May include, but not limited to evidence, recordings of interviews, case files, fingerprint cards or live scan records, photographs, forensic scene records, arrest logs, arrest files, booking sheets, and audio of radio or telephone calls. Total Retention: Arson and capital crimes – permanent All other criminal investigations – 10 years Disposition: Destroy Securely Statutory Reference: PC §187, 800 et seq.; 2019 CFC §104.6.3; GC §34090.6 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Department Database Records Also Called: Function: Content: May include, but not limited to fire incident reports, RMS database, Telestaff, FDM database, Health EMS, HelpStar, FIPS, equipment database, Knox Box inventory, Violation database, vehicle maintenance database, Hose Lots, I.T. Supplies/Equipment database Total Retention: Violation database – 5 years or life of building, whichever is longer All other records - Superseded + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090; 2019 CFC §104.6 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 6.C.c Packet Pg. 138 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) FIRE DEPARTMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 34 Emergency Management Also Called: Emergency Operations Center Documentation Function: General & Administrative - All documentation for dealing with preparation for and responses to emergencies, disasters and/or system failures for City facilities. Includes the Emergency Operations Center Content: Business Continuity Plans; Disaster Recovery Plan; Drill Records; Emergency Contact Lists, Employee Lists, Roster of Workers; Emergency Evacuation Procedures; Emergency Operations Center; Emergency Preparedness Team; Emergency Response Programs; Evacuation Plans; Fire Prevention Plan; Hazard Mitigation Plan; Telephone Trees Total Retention: Superseded + 2 years Disposition: Destroy Securely Statutory Reference: GC §945.6(a)(2); 34090 Note: Approval Date: January 6, 2020 Fire Code Emergency Operations Manual and Books Also Called: Function: Documents the procedures for emergencies and other situations related to the Department. Content: Includes but not limited to operations manuals, emergency operations manual and other books. Total Retention: Superseded + 3 years Disposition: Destroy Securely Statutory Reference: CCP §340.5; GC §34090 Note: Approval Date: February 3, 2014 Fire Captain Log Books Also Called: Function: Documents all activity occurring at each Fire Station for each Company including summary of incidents, visitors to the station, equipment inspections, etc. Content: Includes log books. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Log books were discontinued on January 1, 2013 Approval Date: February 3, 2014 Fire Apparatus and Equipment Maintenance Logs Also Called: Function: Records relating to the history or maintenance and service of fire apparatus and equipment. Content: May include, but not limited to maintenance and service logs, inventory of gear, equipment and supplies. Total Retention: Life of equipment + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 139 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) FIRE DEPARTMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 35 Inspections Also Called: Function: Documents the Fire Departments inspections of structures, alarm systems, and sprinkler systems. Content: May include, but not limited to inspection logs, and correspondence. Total Retention: 5 years or life of building, whichever is longer Disposition: Destroy Securely Statutory Reference: 2019 CFC §104.6 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 ISO Insurance Ratings Also Called: Insurance Service Office (ISO) Function: Documents statistical information on risk and provides a rating that insurance companies use to calculate rates. Information is gathered on a community fire-suppression system including fire alarms, engine companies and water supply. Content: May include, but not limited to insurance rating reports, backup documentation and certification documents. Total Retention: Superseded + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Patient Care Records Also Called: PCRs Function: HIPAA protected documents pertaining to medical care and treatment provided by the Fire Department. Content: May include, but not limited to patient information, records, EKG form, signature form, face-sheets, etc. Total Retention: Permanent (Department preference) * Disposition: Statutory Reference: GC §34090; 45 CFR §164.530(c) Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Permits Also Called: Function: Operational permits occurring within the Department’s jurisdiction. Content: May include, but not limited to permits, and records supporting permit applications, approvals, renewals, extensions, and denials. Total Retention: 5 years or life of building, whichever is longer Disposition: Statutory Reference: GC §34090; 2019 CFC §104.6, 105 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Plan Check – School Site Plans Deleted January 6, 2020 – Not a City Record * Records retained in third party system. 6.C.c Packet Pg. 140 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) FIRE DEPARTMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 36 Plan Check – Fire Prevention Also Called: Function: Documents requests and authorizations for property owners to erect new structures, or make structural modifications to existing one that occurred within the Department jurisdiction. Serves as official authorization for construction including installation of plumbing, electrical, and mechanical equipment and other related work. Content: May include, but not limited to plan check documents, flame retardant certificates, blue prints, and other building related records. Total Retention: 5 years or life of building, whichever is longer Disposition: Destroy Securely Statutory Reference: GC §34090; 2019 CFC §105; CBC §1.8.4.3.1 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Strike Team Reimbursements Also Called: Function: Documents the reimbursements received by the Fire Department for a strike team deployment. Content: May include, but not limited to payment from Office of Emergency Services (OES); Federal Emergency Management Agency (FEMA); and other mutual aid reimbursements. Total Retention: Payment + 5 years Disposition: Destroy Securely Statutory Reference: 2019 CFC §104.6; GC §34090 Note: Approval Date: February 3, 2014 Weed / Refuse Abatement Also Called: Function: Documents weed/refuse abatement conducted by the Fire Department/Fire Prevention. Content: May include, but not limited to complaints, letters of protest, response to protests, returned correspondence. Total Retention: Closed + 5 years Disposition: Destroy Securely Statutory Reference: GC §34090; 2019 CFC §104.6.2 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 141 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) FLEET & FACILITIES RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 37 Fleet & Facilities City Facility Maintenance & Operation Records Also Called: Function: Documents the maintenance and operation of city owned facilities. Content: May include, but not limited to service requests, work orders, graffiti removal, invoices, and supporting documents for buildings, parking lots and equipment. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 City Fleet Maintenance & Operation Records Also Called: Function: Documents the maintenance and operation of city owned vehicles and equipment. Content: May include, but not limited to purchase invoices, contracts, warranties, service requests, work orders, inspections, fuel, parts and supplies, logs, manuals, DMV titles and registration, and vehicle assignments. Total Retention: Vehicle assignments, request forms and logs – 2 years All other records – life of equipment + 4 years Disposition: Destroy Securely Statutory Reference: GC §34090; CCP §337 Note: Approval Date: February 3, 2014 Fueling Records Also Called: Gasoline Function: Records pertaining to gasoline used for City vehicles. Content: May include, but not limited to meter readings, fuel consumption reports, invoices, receipts and records pertaining to refueling operations. Total Retention: Audit + 4 years Disposition: Destroy Securely Statutory Reference: CCP §337 Note: Approval Date: February 3, 2014 Scheduled Maintenance & Safety Certificates Also Called: Function: Documents schedule maintenance of assets and safety certifications for equipment such as elevators, fire systems, and boilers. Content: May include, but not limited to maintenance schedules, and safety certificates. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 142 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) FLEET & FACILITIES RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 38 Technical Manuals, Specification, and Warrantees Also Called: Function: Owner’s manuals and warranties for City owned vehicles and equipment. Content: Manual’s often include specifications, operating instructions, and safety information. Warranties include terms of coverage for repair or replacement of equipment. Total Retention: Manuals – life of the equipment, but not less than 2 years. Warranties shall be kept until expiration, but not less than 4 years Disposition: Destroy Statutory Reference: GC §34090; CCP §337 Note: Approval Date: February 3, 2014 Vehicle Ownership and Maintenance Records Also Called: Function: Documents the purchase, ownership, licensing and maintenance of all city-owned vehicles. Content: May include, but not limited to legal titles, registration documents, purchase invoices, contracts, warranties, inspections, maintenance logs. Total Retention: Life of vehicle + 2 years Disposition: Destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 143 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) HUMAN RESOURCES RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 39 Human Resources Accident, Incident & Injury Reports and Review Board Also Called: Function: Review accidents, incidents and injuries to and/or by city employees and vehicles. Content: May include, but not limited to vehicle accident, incidents and injury reports, investigation records, investigators’ notes and evidence involving city employees. Total Retention: Active + 6 years Disposition: Destroy Securely Statutory Reference: 29 USC §1027; 29 USC §1113; 29 CFR §1602 et seq.; GC §34090, 12946 Note: Approval Date: February 3, 2014 CalPERS Retirement and other Retirement Plans Also Called: Function: Records related to the City’s contract and obligations with CalPERS and PARS and other retirement companies. Content: May include, but not limited to, contracts, contract amendments, contract related correspondence – official records that obligate the city to benefits under CalPERS or PARS retirement plans. Total Retention: Contracts and Amendments – Permanent Correspondence, Reports, and other information – Active + 2 years Disposition: Destroy Statutory Reference: GC §34090, 12946 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 DMV Pull Program Also Called: DOT and DMV program Function: Information, records and reports relating to the Department of Motor Vehicles and Department of Transportation. Content: May include, but not limited to drivers’ license pull notice printouts and summaries, medical cards, commercial driver training documents, and drug and alcohol test results. Total Retention: DMV Pull Program Report – active (showing three year history) DMV Medical Card and Information – active + 2 years DOT Test Results – active + 5 years DMV and DOT training records – active + 5 years (department preference) * Disposition: Destroy Securely Statutory Reference: 29 CFR §1627.3 (b) (V); 49 CFR §655.71 et seq.; GC §34090, 12946 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 * Retention required by law: 2 years 6.C.c Packet Pg. 144 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) HUMAN RESOURCES RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 40 Employee Benefit Records Also Called: Function: This is the master personnel benefits record maintained for each employee and documents an individual employee’s benefit information such as selection of insurance plans, retirement, pension and disability plans, deferred compensation plans, and other benefit information. Content: May include, but not limited to plan selection and application forms, enrollment records, contribution and deduction summaries, personal data records, authorizations, beneficiary information, year-end leave balance reports, and related documentation. Total Retention: Active + 6 years Disposition: Destroy Securely Statutory Reference: 29 USC §1113; 29 CFR §1627.3; 29 CFR §1602; GC §34090, 12946 Note: Approval Date: February 3, 2014 Employee/Union Grievance Records Also Called: Function: Employee or union grievance records are the records documenting an alleged violation of the applicable Memorandum of Understanding or the Human Resources Rules and Regulations. Content: May include, but not limited to responses at each step of the grevance process, personnel commission review, final disposition. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090, 12946 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Human Resources Rules and Regulations and Employee Onboarding Information Also Called: H/R Rules & Regs; Employee Orientation Information Function: Employee orientation manual and City rules and regulations Content: May include, but not limited to onboarding presentations and any handouts and memos describing the handbooks and rules and regulations contents or provisions. Total Retention: Superseded + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090, 12946 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 6.C.c Packet Pg. 145 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) HUMAN RESOURCES RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 41 Employee Medical Records Also Called: Non-Industrial or FMLA medical records Function: This is the master employee medical record maintained for employees. Content: May include, but not limited to pre-employment physical or psychological evaluations, and other medical records, exposure to chemicals and hazardous materials records, fitness for duty reports, drug test results, and physical skills test results. Total Retention: Hazardous materials and chemical exposure records – duration of employment + 30 years All other records – active + 6 years Disposition: Destroy Securely Statutory Reference: 29 USC §1027; GC §34090, 12946; 8 CCR §3204(d); 29 USC §1113; 29 CFR §1602; 29 CFR §1910 Note: Approval Date: February 3, 2014 Employee Personnel Records Also Called: HR Files Function: This is the master personnel record maintained for each employee at the direction of the Human Resources Director. Content: May include, but not limited to job application, notices of appointment, personnel action request, payroll withholding information, employee eligibility verifications forms (I-9), leave summary records, performance documentation, oaths of office, leaves of absence (paid and unpaid), FMLA records, training and academic certificates, disciplinary actions,separation agreements, and other records related to an individual’s employment. Total Retention: HR File – Active + 6 years I-9 Forms – 3 years from date of hire or 1 year from employment separation, whichever is longer Disposition: Destroy Securely Statutory Reference: 29 USC §1027; 29 USC §1113; 29 CFR §1602 et seq.; GC §34090, 12946 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Labor Agreements and Memorandum of Understandings Also Called: MOU’s Function: Documents regarding labor contract negotiations including meet and confer records for employee unions and associations. Content: May include, but not limited to agreements, side letters, interpretations, amendments, letters of understanding, administration records, labor negotiation records. Total Retention: MOU’s – permanent (department preference) * Negotiation records – active MOU + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090, 12946; CCP §337 Note: Approval Date: February 3, 2014 * Retention required by law: 4 years 6.C.c Packet Pg. 146 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) HUMAN RESOURCES RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 42 Recruitment Files and Eligibility Lists Also Called: Function: Documents relating to recruitments for open positions and eligibility lists. Content: May include, but not limited to flyers, applications, examination and testing process, oral board process, department interview information, DOJ reports evaluation outcome, and other records related to the recruitment process. Total Retention: 2 years form date eligibility list is certified. If no eligibility list then 2 years from date of last activity in recruitment file Disposition: Destroy Securely Statutory Reference: GC §34090; GC §12946 Note: Approval Date: February 3, 2014 Position Description, Classification, Compensation Records and Salary Schedules Also Called: Function: Records that document the description, classification, compensation and salary schedules of jobs and positions. Content: May include, but not limited to the details of duties, responsibilities, skills, abilities and salary schedules needed for each position, and related records documents. Records often include reports, position descriptions, position evaluations, compensation studies, wage determination surveys, job analyses, interview data, selection criteria authorizations, agreements, and related documents. Total Retention: Superseded + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090; GC §12946 Note: Approval Date: February 3, 2014 Training Records Also Called: Function: Records associated with or documenting the job-related instruction of employee/officials for job proficiency, enhancement or for the promotion of skill attainment or improvement. Content: Records may include, but not limited to course descriptions, manuals, textbooks, worksheets, handouts, training announcements, films, videos, and course outlines, instructor rosters, certifications, course planning and development documentation, course evaluations, class enrollment and attendance records. Total Retention: Safety Training Records – active + 6 years (department preference) * All other training records – active + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090; GC §12946; 29 USC 1027 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 * Retention required by law: Active + 2 years 6.C.c Packet Pg. 147 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) HUMAN RESOURCES RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 43 Unsuccessful Applicants (Public Safety) Also Called: Function: Records used during the public safety hiring process Content: May include, but not limited to applications, DOJ report, background and references information, correspondence Total Retention: Background and reference – 5 years (Department Preference) * All other records – 2 years Disposition: Destroy Securely Statutory Reference: GC §34090, 12946 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Workers’ Compensation Records Also Called: Workers Comp Function: Documents worker’s compensation claims filed against the City. Content: May include, but not limited to indemnity claims, medical only claims, incident/ information only reports, employee exposures, correspondence with third party administrator and medical providers, DEU rating reports, first aid claims, pre-designated doctors reports, third party administrator agreement and related records/system reports, self-insured reports, OSHA log reports, LAWCX excess insurance records and reports. Total Retention: Active + 6 years Exposure Notifications – Duration of employment + 30 years OSHA Injury Log (300A) – 5 years Third Party Administrator Records/Reports – 5 years Self-Insured Agency Annual Report (OSIP) – 5 years Disposition: Destroy Securely Statutory Reference: 29 USC §1027; 29 USC §1113; 29 CFR §1602 et seq.; 8 CCR §3204(d); 8 CCR §10102; GC §34090, 12946; LC 4610 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 * Retention required by law: Active + 2 years 6.C.c Packet Pg. 148 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) INFORMATION TECHNOLOGY RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 44 Information Technology Disaster Recovery Disks Also Called: File Recovery Function: File / System Restores Content: Copies all contents of targeted servers. Total Retention: 2 years Disposition: Destroy Statutory Reference: GC §34090 Location: Stored and retained by an off-site vendor Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Hardware, Software and Information Systems Inventory Also Called: Function: Documents the City’s hardware, software and information systems inventories. Content: May include, but not limited to monitors, hard drives, laptops, phones, startup disk, systems manuals Total Retention: Life of hardware, software and/or information system + 2 years Disposition: Surplus and/or destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Help Desk Service/Work Order Tracking Also Called: Function: Technology service request tracking system tracked electronically Content: Software system Total Retention: Life of System + 2 years Disposition: Destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Internet (World Wide Web) Also Called: Network Function: Documents the City’s network information system (LAN/WAN) Content: May include, but not limited to configuration maps and plans. Total Retention: Superseded + 2 years Disposition: Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 149 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) POLICE DEPARTMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 45 Police Alarm Registration Also Called: Alarm Permits Function: Records relating to the receipt of alarm registration for businesses and homes in the City. Content: May include, but not limited to alarm registrations, false alarm notifications, correspondence, related to registration administration and fines for excessive false alarms. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Animal Control Also Called: Function: Documents action of housing and releasing animals. Content: May include, but not limited to warning notices, barking dog letters, animal bite reports, and impound notices. Total Retention: 3 years Disposition: Destroy Securely Statutory Reference: GC §34090; PC §597.1(d), 597.1(m); FAC §32003 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Asset Seizures Also Called: Function: Records relating to property seized and retained by the police department Content: May include, but not limited to logs, inventories and receipts. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Auction Records Also Called: Function: Records relating to property seized by the police department and sold at public auction. Content: May include, but not limited to logs, inventories and receipts. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 150 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) POLICE DEPARTMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 46 Automated License Plate Reader Also Called: ALPR, LPR, Plate Reader Function: Routine image capture of vehicle license plates, photo of vehicle and Location (GPS) of vehicle. Content: May include, but not limited to, image of license plate, image of vehicle, location data of image capture. Total Retention: 1 year (unless retained as evidence associated with a crime report) Disposition: Destroy Securely Statutory Reference: GC §34090.6; VC §2413 Note: Approval Date: December 3, 2019 Business Permits Also Called: Bingo Parlor, Mobile Vendor, Taxi Driver, Tow Truck Driver, Card Room Dealer, Massage Therapist, Adult Business Function: Records relating to applications of persons seeking certain business permits. Content: May include, but not limited to background investigation reports. Total Retention: Approved – Expiration of permit + 2 years Denied – 3 years Disposition: Destroy Securely Statutory Reference: GC §34090; CLETS Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Citations Also Called: Tickets Function: Records relating to police investigations that result in a citation and no police report. Content: May include, but not limited to administrative, parking, traffic infraction, traffic misdemeanor and misdemeanor citations. Total Retention: Disposition of case or 2 years (whichever is greater) Disposition: Destroy Securely Statutory Reference: PC §802; GC §34090 Note: Approval Date: February 3, 2014 Communications Center Records Also Called: 911 Records, CAD, Computer Aided Dispatching Function: Records, phone and radio recordings related to the request and response activity of the Gilroy Police and Fire departments Content: May include, but not limited to dispatch activity requests, police and fire radio and telephone recordings. Total Retention: Radio and telephone recordings – 180 days (department preference) * Dispatch event records – 3 years Disposition: Destroy Securely Statutory Reference: GC §34090.6; GC §34090; CLETS Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 * Retention required by law: 100 days 6.C.c Packet Pg. 151 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) POLICE DEPARTMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 47 Concealed Weapon Permit Also Called: California Concealed Weapons Permit, CCW Function: Applications from individuals for a permit to carry a firearm concealed on their person Content: Records include, but not limited to personal background information Total Retention: Approved – Expiration of permit + 2 years Denied – 3 years Disposition: Destroy Securely Statutory Reference: GC §34090; CLETS Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Crime Reports Also Called: Function: Records relating to police investigations of crimes, solved and unsolved, that occurred in the City. Content: May include, but not limited to investigation reports, diagrams, photographs, citations, arrest information and booking information. Total Retention: Capital Crimes – permanent Crimes that are punishable by the death penalty, life imprisonment or embezzlement of public funds Felony Crimes – 7 years Crimes that are punishable by 8 years or more in prison Fraud or Elder Abuse Crimes – 6 years Crimes of fraud or elder abuse Marijuana Crimes – 2 years from date of conviction or 2 year from date of arrest if no conviction Crime relating to the arrest on narcotics charges Sex Crimes – 10 years Crimes for sexual assault, rape and sexual abuse Misdemeanor and all other Felony Crimes – 5 years Crimes for felonies that are punishable by less than 8 years in prison and all misdemeanor crimes not otherwise categorized Sealed – Court Order Factual Innocence and Adult – 3 years from court order Juvenile – 5 years from court order Non-Criminal Reports – 3 years Records relating to police investigation for non-criminal incidents (reports of lost and found property, towed vehicles, animal reports and mental evaluations) Disposition: Destroy Securely Statutory Reference: PC §799-805, 290(c), 851.7, 851.8, 1203.45; WIC §781(a)-(d), §826(a)-(b), §793(c), 389; H&S §11361.5; GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 152 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) POLICE DEPARTMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 48 Crime Statistics Also Called: Uniform Crime Reports (UCR), quarterly report Function: Statistical records of crime and/or police department activity Content: Records include, but not limited to criminal statistics reported to the state of criminal activity and arrests Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Field Interview Information Also Called: FI Cards, Field interrogation information Function: Records identifying information of individuals contracted by the police department under non-criminal activity. Content: Records include, but not limited to person and vehicle information of an individual contacted by the police department Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Financial Disbursement (Undercover Activity) Also Called: Function: Records of undercover financial activity Content: Records include, but not limited to records of undercover officer purchases. Total Retention: 5 years (department preference) * Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Incident Action Plans and After Action Reports Also Called: General Orders Function: Records relating to police tactical action plans and reports documenting the events of executive actions, operations, and game plans. Content: May include, but not limited to incident action plans and after action reports. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 * Retention required by law: 2 years 6.C.c Packet Pg. 153 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) POLICE DEPARTMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 49 Internal Affairs Investigations Also Called: Function: Records relating to complaints investigated by the Internal Affairs Division of the police department. Content: May include, but not limited to complaints, reports, statements, findings and other documents associated with investigations of complaints sustained and not sustained. Total Retention: Officer involved shooting – final disposition + 5 years All others – final disposition of investigation + 5 years Disposition: Destroy Securely Statutory Reference: PC §832.5(b), 832.7, EVC §1045(b)(1), GC §12946 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Jail Logs and Inspections Also Called: Function: Records of inspections and activity that occur in the jail. Content: Records include, but not limited to records of inspections and activity of booking in the jail. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Law Enforcement Animals Also Called: Dogs and horses Function: Records relating to animals used in an official capacity by the Gilroy Police Department. Content: May include, but not limited to purchase and sale records, training, veterinary and boarding records. Total Retention: Separation + 5 years Disposition: Statutory Reference: PC §832.5(b), 832.7; EVC §1045(b)(1); GC §12946; VC §2547 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Neighborhood Watch Also Called: Function: Records relating to the neighborhood watch programs. Content: May include, but not limited to program literature, applications, correspondence, and other program administration records. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 154 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) POLICE DEPARTMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 50 Offender Registration Also Called: Function: Records relating to the registration and contact with registered offenders. Content: May include, but not limited to registration forms from juvenile and adult offenders. Total Retention: Arson Offenders (Adult) – 100 years Arson Offenders (Juveniles) – retain until the offender turns 25 Sex Offenders (Adult) – 100 years Sex Offenders (Juveniles) – retain until the offender turns 25 Drug Registrants – 10 years Gang Registrants – 10 years Disposition: Destroy Securely Statutory Reference: PC §457.1(d), 457.1(b)(3), 290 et seq., 186.32(c); H&S §11594; GC §34090 Note: Approval Date: February 3, 2014 Pawn Slips Also Called: Function: Records relating to pawn and second hand dealer transactions Content: May include, but not limited to pawn slips and reports. Total Retention: 3 years Disposition: Destroy Securely Statutory Reference: GC §34090, B&P §21628; Note: Approval Date: February 3, 2014 Police Equipment Maintenance Logs Also Called: Function: Records relating to the history or maintenance and service of police equipment. Content: May include, but not limited to maintenance logs. Total Retention: Life of equipment + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 155 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) POLICE DEPARTMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 51 Property Records Also Called: Function: Records relating to property and evidence received and/or stored by the Gilroy Police Department. Content: May include, but not limited to audio, video and photographic items, biological evidence, money, narcotics, weapons, computers and bicycles. Total Retention: Safekeeping property – 60 days Found property – 90 days Evidence: Unsolved cases – until the statute of limitations has ended Solved cases – until the offender has exhausted all appeals DNA Evidence: Unsolved cases – until the statute of limitations has ended Solved cases – until the offender has completed their jail sentence the City Disposition: Destroy Securely Statutory Reference: PC §799-803, 1417.9; CIV §2080.10, 2080.6; GC §34090 Note: Approval Date: February 3, 2014 Ride Along Applications Also Called: Function: Records relating to civilians who accompany Gilroy Police department employees during the course of their regular duties. Content: May include, but not limited to applications and quick check background inquiries. Total Retention: 3 years Disposition: Destroy Securely Statutory Reference: GC §34090; CLETS Note: Approval Date: February 3, 2014 Subpoenas and Pitchess Motions Also Called: Function: Records relating to subpoenas and Pitchess motions served on the Gilroy Police Department for documents and witnesses. Content: May include, but not limited to subpoenas and Pitchess motions received by the department. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 156 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) POLICE DEPARTMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 52 Tow Records Also Called: Function: Records relating to private property tows and repossessions. Content: May include, but not limited to CLETS information on the vehicle, driver and vehicles registered owner, and towing information. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Traffic Collision Reports Also Called: Traffic Accidents Function: Records relating to police investigation of traffic collisions. Content: Records include, but not limited to investigation reports, diagrams, photographs, citations, arrest information, and booking information Total Retention: MAIT investigations and fatal collisions – 10 years All other – 3 years Disposition: Destroy Securely Statutory Reference: VC §2547, 1808(b)(3); CCP §335.1 Note: Approval Date: February 3, 2014 Video Recordings Also Called: Close Circuit Television (CCTV), In Car Camera (ICC), Body Worn Camera, Building Security Video Function: Routine video capturing police contracts, police building security Content: May include, but not limited to video of public activities in and around the police department, from vehicle and on body of police officers Total Retention: Body Worn Camera (BWC) – 60 days (unless retained as evidence associated with a crime report) All other video – 1 year (unless retained as evidence associated with a crime report) Disposition: Destroy Securely Statutory Reference: GC §34090.6; PC §832.18(b)(5)(A) Note: Recordings that become evidence are retained in accordance with the property records associated with the crime type (reference crime reports) Approval Date: February 3, 2014 Revised Date: January 6, 2020 6.C.c Packet Pg. 157 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) PUBLIC WORKS RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 53 Public Works Capital Improvement Projects Also Called: Function: Documents the administration and development of Capital Improvement projects in the City. Includes building and structures; utilities; infrastructure; transportation; and parking lots. Content: May include, but not limited to administration files, plans, specifications, bid information, permits, schedules, inspection records, certified payroll, invoices, certificate of occupancy, correspondence, and construction tracking. Total Retention: Completion (after NOC is filed) + 10 years Construction Design Plans & Specifications – Permanent Disposition: Destroy Securely Statutory Reference: GC §34090; CCP §337.15 Note: Approval Date: February 3, 2014 Development Engineering Also Called: Development Standards Function: Documents engineering services related to the design and construction of City infrastructure projects and private development. Content: May include, but not limited to surety, letters of credit, certificates of deposit, certificate of compliance, lot line adjustments, engineering reports for entitlements. Total Retention: Completion + 10 years Disposition: Destroy Securely Statutory Reference: GC §34090; CCP §337.15 Note: Approval Date: February 3, 2014 Golf Course Records Also Called: Function: Documents the daily transactions and activities of the Gilroy Golf Course. Content: May include, but not limited to, facilities use and reservation database, financial reporting, starter sheets and tee times. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Series transferred from Recreation on January 6, 2020 Approval Date: February 3, 2014 Revised Date: January 6, 2020 Golf Course Drawings and Plans Also Called: Function: Records documenting construction including installation of plumbing, electrical, and mechanical equipment and other related work at the gold course. Content: May include, but not limited to, architectural drawings and plans of City golf course. Total Retention: Permanent Disposition: Statutory Reference: GC §34090 Note: Series transferred from Recreation on January 6, 2020 Approval Date: February 3, 2014 Revised Date: January 6, 2020 6.C.c Packet Pg. 158 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) PUBLIC WORKS RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 54 Hazardous Waste Also Called: Hazardous waste disposal Function: Documents the disposal of hazardous waste generated on city facilities/infrastructures Content: May include, but not limited to, waste disposal manifest and material testing data. Total Retention: Hazardous waste manifests – permanent Documentation regarding handling and disposal – Closed/Completion + 10 years All other – current year + 2 years Disposition: Destroy Securely Statutory Reference: 8 CCR §10102; GC §12946; CALOSHA 40 CFR §122.21(p); CCP §340.2, 340.5, 340.8; 22 CCR §66262.40 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Improvement Agreements Also Called: Development, Property Improvement, Fee Deferral Function: Documents Content: May include, but not limited to Total Retention: Recorded documents – permanent Disposition: Destroy Securely Statutory Reference: CCP §337, 337.1(a), 337.15; GC §34090 Note: Original recorded documents maintained in the City Clerk’s Office. Approval Date: February 3, 2014 Inspections Also Called: Function: Documents inspections completed by the department for purposes of permit requirements or compliance, internal department process or procedures. Content: May include, but not limited to storm water industrial inspections, inspection approvals and violations, backflow inspections, pump station, and video inspection reports. Total Retention: Storm water inspections and video inspection reports – 5 years All others – 3 years Disposition: Destroy Securely Statutory Reference: GC §34090; 40 CFR §122.41(j)(2) Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Nexus Studies, and Development Impact Fees; Development Fee Districts Also Called: Function: Records used to develop and administer development impact fees for various programs to mitigate the impact of development. Content: May include, but not limited to certification of noticing; maps; consultants contracts; finance plan and nexus study documents. Total Retention: End of plan or fee + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 159 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) PUBLIC WORKS RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 55 Nexus Studies and Development Impact Fees Administration Also Called: Function: Records used to manage cash and developer credits, adjust fees, developer cost verification letters and binders. Content: May include, but not limited to credit reimbursement agreements; cost verification letters; binders and credit release letters. Total Retention: End of fee or fee credit balances + 10 years Disposition: Destroy Securely Statutory Reference: GC §34090; CCP §337.15 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Park Plans and Drawings Also Called: Function: Records documenting construction including installation of plumbing, electrical, and mechanical equipment and other related work at City Parks. Content: May include, but not limited to, architectural drawings and plans at City Parks. Total Retention: Permanent Disposition: Statutory Reference: GC §34090 Note: Series transferred from Recreation on January 6, 2020 Approval Date: February 3, 2014 Revised Date: January 6, 2020 Permits (Transportation) Also Called: Function: Documents requests for permits and permit issuance by the Department of Transportation. Content: May include, but not limited to temporary permits for oversized loads, storage containers, material storage, banners, and streets; permanent permits for sidewalks, driveways, approaches, curbs and gutters, revocable, excavation, oversize transportation and trenches. Total Retention: Perpetual permits (encroachment, street opening & driveway permits) – permanent Temporary permits – completion of work + 4 years Trench encroachment permits – 10 years Permit administration and unapproved permits – 2 years Disposition: Destroy Statutory Reference: GC §34090; 34090(a); H&S 19850 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 6.C.c Packet Pg. 160 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) PUBLIC WORKS RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 56 Permits (Water) Also Called: Function: Documents requests for water permits. Content: May include, but not limited to water rights and permits, National Pollutant Discharge Elimination System (NPDES) permits and all supporting documents, construction water permits, limited hydrant use permits, solid waste permits, administrative documents for all permits, such as applications, approvals, etc. Total Retention: Water Rights and permits, NPDES permits and supporting documents – permanent Applications and administration records – 2 years All other permits – expiration of permits + 2 years Disposition: Destroy Statutory Reference: GC §34090; 40 CFR §122.28 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Property Acquisition Also Called: Function: Documents the City’s investigation and purchasing, sale, or exchange. Content: May include, but not limited to, litigation guarantees, appraisal reports, and correspondence. Total Retention: Acquisition + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Recorded documents are maintained in the City Clerk’s Office Approval Date: February 3, 2014 Regulatory Requirements Also Called: SCRWA Function: Documents relating to regulatory compliance. Content: May include, but not limited to routine (such as annual reports) records and significant (such as Sanitary Sewer Overflow violations) records, DMR reports, correspondence, variances, waivers or exception from regulatory agencies Total Retention: Correspondence with regulatory agencies, variances, waiver and exception, and water level data sheets and plans – permanent All other records – 5 years Disposition: Destroy Statutory Reference: GC §34090; 40 CFR §122.41(j)(2) Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Special Projects and Studies Also Called: Function: Records relating to Joint Powers Authority, and transportation. Content: May include, but not limited to, maps, plans, evaluations, correspondence, reports, and technical studies. Total Retention: Completion + 2 years Disposition: Destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 161 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) PUBLIC WORKS RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 57 Speed Surveys Also Called: Function: Legally required surveys used to set speed limits. Content: May include, but not limited to speed surveys. Total Retention: Until superseded, but not less than 2 years Disposition: Destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Streets, Alleys, Bridges, Parking Lots and Sidewalks Also Called: Function: Documents the administration, maintenance and operation of streets, alleys, bridges, parking lots and sidewalks in the City. Content: May include, but not limited to administration files, maps, master plans, correspondence, reports and studies (traffic volume, accident history, statistics), closures, easements, dedications, right-of-way, abandonments and vacations, intersection reports, field books, work orders, inspections, repairs, permits, encroachments, ADA compliance, paving and striping, policies and procedures (rules, regulations and standards), street naming and numbering, traffic signals and stop signs inventory, and speed limits Total Retention: Abandonments, vacations, closures, easements, right-of-way, dedications, maps, field books, encroachments, street naming and numbering – permanent Traffic signals and stop signs inventory, policies and procedures, speed limits supersedes + 2 years All other records current + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Survey Field Books Also Called: Function: Records relating to existing features within City right-of-way. Content: Books may include information, but not limited to features such as parks, bikeways, streets, sidewalks, pavement, utilities and electrical. Total Retention: Permanent Disposition: Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Traffic Calming Also Called: Function: Documents traffic calming measures implemented and investigations by the City. Content: May include, but not limited to individual resident ballots and voting summary spreadsheets. Total Retention: 2 years Disposition: Destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 162 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) PUBLIC WORKS RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 58 Traffic Engineering Also Called: Function: Records relating to traffic management, signage, and investigations. Content: May include, but not limited to traffic investigations, ordering of signs, traffic counts, traffic summaries, traffic signal timing reports or other traffic reports. Total Retention: Routine reports and studies – superseded + 2 years All other records - Until superseded, but not less than 10 years Disposition: Destroy Statutory Reference: GC §34090; 26202 Note: Approval Date: February 3, 2014 Transportation Maintenance Also Called: Function: Internal records documenting requests and authorizations for needed services, including repair of City owned property and maintenance of all right-of-way property. Content: May include, but not limited to pavement, street, trees, landscaping, traffic signals and light maintenance, and sidewalk repairs; and authorization to work. Total Retention: Traffic signal and light maintenance completion of work + 10 years All other records held for 5 years Disposition: Destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Wastewater Treatment and Water Reclamation Facilities and Operation Also Called: SCRWA (South County Regional Wastewater Authority) Function: Documents the activities of the wastewater treatment plant and operation. Content: May include, but not limited to plant operational records, operations daily logs, standard operating procedures and policies, State inspections, air district permit certificates, systems evaluation and monitoring reports, laboratory analysis and test results, underground storage tank compliance, facility maps, maintenance work orders, equipment repair logs, hazardous waste disposal records, facility management reports for State and Federal permits, monthly plant reports, monthly recap of expenses reports, monthly septage reports, engineering reports, engineering drawings and project specifications, technical memorandums, pond water percolation data, monthly recycled water meter readings and water delivery date, sludge handling logs, biosolids removal and transportation data, chemical usage, rainfall records, quarterly and annual flow reports for primary influent and water reclamation, and flow projection studies. Total Retention: Maps, engineering drawings, equipment specifications, inspections, underground storage tank compliance, flow reports, laboratory data, standard plant reports, recap of expenses, septage reports. Also includes, work orders/repairs, plant operation and chemical usage are stored in computerized data management system – permanent Hazardous waste disposal and biosolids reports – current + 10 years All other records – current + 2 years Disposition: Destroy Securely Statutory Reference: 40 CFR §141.33, 141.91, 122.41; GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 163 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) PUBLIC WORKS RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 59 Wastewater Collection Operations Also Called: Function: Documents pertaining to wastewater collection and drainage operations, infrastructure and maintenance. Content: May include, but not limited to reports and studies, monitoring, samples, sludge handling logs, weight hauling, chemical usage, Sanitary Sewer Overflow, daily logs, studies and testing. Total Retention: Sanitary Sewer Overflow – permanent Chemical usage – 3 years All others – 5 years Disposition: Destroy Securely Statutory Reference: GC §34090; 40 CFR §141.33, 141.91, 122.41 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Water Meters Also Called: Function: Content: May include, but not limited to meter service cards, notifications, readings, operations checklists, replacements, shop log sheets, sets and install records, and all other paper records pertaining to meters and readings. Total Retention: Permanent Disposition: Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Water Quality Also Called: Function: Documents relating to water quality testing and equipment for plant services. Content: May include, but not limited to water quality reports, policies and procedures, correspondence, inspections, reclamation, water test (bacteriological, chemicals, quality), evaluations, analysis, underground storage tanks compliance, work orders, repairs, cleaning, reports and studies, recycling programs and ponds. Total Retention: Maps, underground storage tanks compliance permanent; hazardous waste disposal, water test (bacteriological, chemicals, quality) current year + 10 years All other records current + 2 years Disposition: Destroy Securely Statutory Reference: 40 CFR §141.33 Note: Approval Date: February 3, 2014 Well Operations Also Called: Function: Documents relating to specific monitoring of wells for water services. Content: May include, but not limited to well logs, graphs, maps, measurements, record books, maintenance reports, and easements. Total Retention: Life of the well + 2 years Disposition: Destroy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 164 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) RECREATION RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 60 Recreation Activities, Classes and Events Also Called: Function: Documents activities, classes and events provided to the citizens of Gilroy. Content: May include, but not limited to, activity guides, fliers, registration, class rosters, liability releases, evaluations, attendance for activities, classes and events, field schedules, and participant disciplinary actions. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Center for the Arts Also Called: Cultural Center Function: Documents history of events hosted at the Center for the Arts. Content: May include, but not limited to, summary of events, event planning records, copies of contracts, receipts, invoices manifests, and correspondence for booked and potential events. Total Retention: Completion of event + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Community Pools Also Called: Christopher High Pool, Gilroy High Pool Function: Records that support routine maintenance and operation in conjunction with the Gilroy Unified School District. Content: May include, but not limited to, contracts and amendments, operation schedules, and sign in sheets. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Original contracts and amendments are held in the City Clerk’s office Approval Date: February 3, 2014 Revised Date: January 6, 2020 Department Database Also Called: Function: Content: May include, but not limited to recreation registration/reservation system software. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 6.C.c Packet Pg. 165 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) RECREATION RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 61 Museum Also Called: Function: The paper, artifacts, and related items of historical value documenting the history of Gilroy. Content: May include, but not limited to, artifacts, inventory lists, correspondence, floor plans Total Retention: Permanent or until deaccessioned Disposition: Per the Gilroy Museum Collection Policy Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Park/Facilities Reservations Also Called: Function: Documenting the request for reservations for use of a city park or facility. Content: May include, but not limited to, application, correspondence, and facility use form. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Volunteer Program Also Called: Function: Documents the application, activities and administration of volunteer program, and documents work performed by citizens without compensation for their services. Content: May include, but not limited to successful and unsuccessful applicants and evaluations, including disciplinary actions. Total Retention: Successful – separation + 6 years Unsuccessful – 2 years Disposition: Destroy Securely Statutory Reference: GC §34090, 12946 Note: Coaches are included in the volunteer program Approval Date: February 3, 2014 Revised Date: January 6, 2020 Youth Center Also Called: Function: Documents the operation of the Youth Center. Content: May include, but not limited to, activity schedules, and sign in sheets. Total Retention: 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 6.C.c Packet Pg. 166 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) RISK MANAGEMENT RETENTION SCHEDULE City of Gilroy – Record Retention Schedule January 6, 2020 Page 62 Risk Management Plan Liability Insurance Records Also Called: Function: Information, records and reports relating to the City’s insurance agency. Content: May include, but not limited to bylaws, risk coverage agreement, memorandum of coverage, Joint Powers Authority Agreement, annual premium invoices, reports certificates of insurance, and annual declarations. Total Retention: Bylaws – superseded + 4 years All other records – active + 2 years JPA Agreement – permanent or until terminated Disposition: Destroy Securely Statutory Reference: GC §12946, 34090, 65000 Note: Approval Date: February 3, 2014 Revised Date: January 6, 2020 Liability Claims Also Called: Function: Documents various types of claims filed against the City. Content: May include, but not limited to claims, evidence, and investigation reports. Total Retention: Closed/Completion + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 Property Loss Recovery Claims Also Called: Function: Documents relating to damaged to City property. Content: May include, but not limited to reports, investigation records and notes, and evidence relating to cost recovery against persons or entities responsible for damage to City property. Total Retention: Closed/Completion + 2 years Disposition: Destroy Securely Statutory Reference: GC §34090 Note: Approval Date: February 3, 2014 6.C.c Packet Pg. 167 Attachment: Records Retention Schedule Update (2552 : Records Retention Schedule Update) City of Gilroy STAFF REPORT Agenda Item Title: Claim of Allstate ASO Treadwell (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: February 24, 2020 From: Gabriel Gonzalez, City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the February 24, 2020 meeting: Claim of Allstate ASO Treadwell Attachments: 6.D Packet Pg. 168 1. Claim of Allstate ASO Treadwell 6.D Packet Pg. 169 6.D.a Packet Pg. 170 Attachment: Claim of Allstate ASO Treadwell (2631 : Claim of Allstate ASO Treadwell) 6.D.a Packet Pg. 171 Attachment: Claim of Allstate ASO Treadwell (2631 : Claim of Allstate ASO Treadwell) 6.D.a Packet Pg. 172 Attachment: Claim of Allstate ASO Treadwell (2631 : Claim of Allstate ASO Treadwell) 6.D.a Packet Pg. 173 Attachment: Claim of Allstate ASO Treadwell (2631 : Claim of Allstate ASO Treadwell) 6.D.a Packet Pg. 174 Attachment: Claim of Allstate ASO Treadwell (2631 : Claim of Allstate ASO Treadwell) City of Gilroy STAFF REPORT Agenda Item Title: Approval of a Amicus Curiae Letter in Support of the City of Huntington Beach Supreme Court Appeal Meeting Date: February 24, 2020 From: Gabriel Gonzalez, City Administrator Department: Administration Submitted By: Gabriel Gonzalez Prepared By: Gabriel Gonzalez Trevin Barber Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services  Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Approve a letter in support of the City of Huntington Beach’s appeal to the California Supreme Court. EXECUTIVE SUMMARY The City of Huntington Beach has requested the support of the City of Gilroy to file a letter of support with the California Supreme Court to review the opinion in City of Huntington Beach v. Xavier Becerra et al., Court of Appeal Case No. G057013. Like the City of Huntington Beach, the City of Gilroy is a Charter City. The outcome of their court case will impact our efforts to provide a safe and secure City. BACKGROUND 6.E Packet Pg. 175 Huntington Beach is one of 121 California Charter Cities which are governed by charters adopted by local voters. Huntington Beach had challenged a California law limiting local law enforcement cooperation with federal agencies, SB 54 “the California Values Act”, also known as the Sanctuary State law, arguing that it violated a section of the State Constitution that gives Charter Cities “supreme authority” over municipal affairs. A local Court of Appeal issued a decision January 10, 2020, in favor of the State, reversing a lower court’s ruling that the Sanctuary State law is unconstitutional as applied to Charter Cities. The precedent right now is that SB54 is constitutional. The Huntington Beach City Council has decided to appeal the January Court of Appeal decision to the California Supreme Court. And will be filing their Petition for California Supreme Court review in the coming weeks. ANALYSIS The City of Huntington Beach has asked all Charter Cities to help by submitting a letter to the California Supreme Court, in Amicus support, to help let the highest court know how important this issue is, how necessary it is to take this Appeal up, and what it means for the future for local governments. Taking action does not mean that the City of Gilroy would be involved in the Appeal itself. A draft letter of support is attached for review and approval by the City Council. FISCAL IMPACT/FUNDING SOURCE None. NEXT STEPS If approved, staff will file the letter of support with the Supreme Court of California to urge review in City of Huntington Beach v. Xavier Becerra et al., Court of Appeal Case No. G057013. Attachments: 1. Huntington Beach Amicus Brief 2020 6.E Packet Pg. 176 City of Gilroy Mayor’s Office City Hall 7351 Rosanna Street Gilroy, California 95020-6197 Roland Velasco, Mayor roland.velasco@cityofgilroy.org City Hall Office (408) 846-0227 Cell Phone (408)710-8508 www.cityofgilroy.org February 24, 2020 The Honorable Tani G. Cantil-Sakauye Chief Justice Supreme Court of California State Capitol Building, Room 5100 Sacramento, CA 95814 RE: SB 54 SC AMICUS Request for support; Huntington Beach Appeal to California Supreme Court Dear Chief Justice Tani G. Cantil-Sakauye and the Associate Justices of the Supreme Court of California, Pursuant to Rule 8.500(g) of the California Rules of Court, the City of Gilroy hereby urges the Court to grant the City of Huntington Beach’s Petition for Review in City of Huntington Beach v. Xavier Becerra et al., Court of Appeal Case No. G057013. The City of Gilroy is a Charter City, and its Charter has expressly reserved to the City of Gilroy the full extent of the authority granted to Charter Cities under the California Constitution. The issue presented is an important unsettled question of law that affects the fundamental division of power between home rule Charter Cities and the State Legislature. The impact of the Court of Appeal’s Opinion in this case, applying the four-part test articulated in Cal. Fed. Savings & Loan Assn. v. City of Los Angeles (1991) 54 Cal. 3d 1 to a matter specifically enumerated and defined in Article XI, section 5, Subdivision (b) as a Core Municipal Affair is not limited to whether the state law at issue in this case is unenforceable against Charter Cities. Despite the import of this Court’s analysis in Johnson v. Bradley (1992) 4 Cal. 4th 389, decided a year after Cal. Fed. Savings & Loan Assn., which supports Petitioner’s argument that the four-part test is inapplicable to a matter that clearly qualifies as a Core Municipal Affair under Article XI, section 5, subdivision (b), the Courts of Appeal have mechanistically applied the four-part test to a number of matters that are Core Municipal 6.E.a Packet Pg. 177 Attachment: Huntington Beach Amicus Brief 2020 (2641 : Approval of Letter of Amicus Support for Huntington Beach Supreme Court Petition) Affairs. See Jauregui v. City of Palmdale (2014) 226 Cal. App. 4th 781 (manner of city election), and Marquez v. City of Long Beach (2019) 32 Cal. App. 5th 552 (city employee compensation). The Court of Appeal’s Opinion in this case, similarly, necessarily erodes the home rule authority of Charter Cities, and it will embolden the State Legislature to increasingly encroach on Charter Cities’ exclusive home rule authority. However this Court may decide the matter on the merits, review is necessary to provide clarity to the lower courts, the State Legislature, and Charter Cities about the scope of Charter Cities’ home rule authority and the appropriate test to apply when a state law encroaches on a matter expressly committed to Charter Cities in Article XI, section 5, subdivision (b). Therefore, the City of Gilroy requests that this Court grant the Petition for Review. The City of Gilroy appreciates your individual attention and work effort in bringing about clarity regarding the borders of State and Local powers and jurisdictions. If you have any questions regarding our stance on this matter please contact our City Administrator Gabriel Gonzalez. Mr. Gonzalez can be reached at his office phone number of 408-846- 0202 or by his work e-mail address at gabe.gonzalez@cityofgilroy.org. Sincerely, Roland Velasco Mayor, City of Gilroy cc: Associate Justices of the Supreme Court of California, Gilroy City Council Members: Mayor Pro Tempore Cat Tucker Council Member Dion Bracco Council Member Fred Tovar Council Member Peter Leroe-Muñoz Council Member Marie Blankley Council Member Carol Marques League of California Cities Regional Public Affairs Manager Seth Miller Cities Association of Santa Clara County Executive Director Andi Jordan 6.E.a Packet Pg. 178 Attachment: Huntington Beach Amicus Brief 2020 (2641 : Approval of Letter of Amicus Support for Huntington Beach Supreme Court Petition) City of Gilroy STAFF REPORT Agenda Item Title: Approval of the Write-Off of Delinquent Water and Sewer Accounts from the City's Water and Sewer Funds for the Period of July 1, 2017 through June 30, 2019 Meeting Date: February 24, 2020 From: Gabriel Gonzalez, City Administrator Department: Finance Department Submitted By: Jimmy Forbis Prepared By: Irma Navarro Irma Navarro Strategic Plan Goals  Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Approve the write-offs of delinquent water and sewer accounts for the period of July 1, 2017 through June 30, 2019. BACKGROUND The City makes every effort to collect revenues from delinquent water and sewer utility billing accounts. The uncollected revenue is forwarded to the City’s contracted collection agency. The City contracted with a new collection agency beginning September 1, 2018. Additionally, whenever a customer files for bankruptcy protection, the City files claims regarding the delinquent amounts owed with the bankruptcy courts if the courts determine that funds are available for distribution. 6.F Packet Pg. 179 ANALYSIS Below are the summaries of the City’s W ater and Sewer revenue accounts between July 1, 2017 and June 30, 2019 (Fiscal Years 2018 and 2019): Sewer Water Total FY18 Revenue Billed $12,735,075.80 $10,858,858.48 $23,593,934.28 Uncollected Revenue (16,984.53) (9,979.74) (26,964.27) Less Amount Collected 272.65 249.37 522.02 Total Uncollected (16,711.88) (9,730.37) (26,442.25) Adjusted FY18 Revenue $12,718,363.92 $10,849,128.11 $23,567,492.03 Sewer Water Total FY19 Revenue Billed $12,936,059.78 $12,011,442.54 $24,947,502.32 Uncollected Revenue (20,820.42) (13,780.98) (34,601.40) Less Amount Collected 354.82 536.56 891.38 Adjusted Uncollected Revenue (20,465.60) (13,244.42) (33,710.02) Bad debt due to bankruptcy (13,120.70) (6,665.67) (19,786.37) Total Uncollected (33,586.30) (19,910.09) (53,496.39) Adjusted FY19 Revenue $12,902,473.48 $11,991,532.45 $24,894,005.93 The uncollected revenues listed above were $26,442.25 in FY18 and $53,496.39 in FY19, for a total of $79,938.64. Per Generally Accepted Accounting Principles (GAAP) and the Council-approved Revenue Policy adopted August 6, 2001, staff requests approval to write-off the remaining uncollected delinquency and bankruptcy revenues totaling $79,938.64 from the Water and Sewer funds. Recovery efforts of these revenues will continue through the City’s contractual collection agency and through the bankruptcy courts. FISCAL IMPACT/FUNDING SOURCE Upon City Council approval, $79,938.64 in delinquent accounts will be written off as bad debt. The City expects to receive some revenues in the future through the efforts of the City’s contracted collection agency and distributions from the bankruptcy courts. 6.F Packet Pg. 180 City of Gilroy STAFF REPORT Agenda Item Title: Approval of the Gilroy 150th Anniversary Celebration Event Scheduled for Saturday, March 14, 2020 as a City-sponsored Community Event Meeting Date: February 24, 2020 From: Gabriel Gonzalez, City Administrator Department: Administration Submitted By: Gabriel Gonzalez Prepared By: Gabriel Gonzalez LeeAnn McPhillips Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability  Public Engagement RECOMMENDATION Approve the Gilroy 150th Anniversary Celebration Event scheduled for Saturday, March 14, 2020 as a City-sponsored community event. BACKGROUND As Council is aware, the City of Gilroy’s Sesquicentennial Celebration is being planned for Saturday, March 14, 2020. A committee lead by community member Amanda Rudeen has been established to coordinate the event and staff has been promoting the event on the City of Gilroy website and through other social media sources. The event will take place in the City campus area to include Wheeler Auditorium, City Council Chambers, Senior Center, Library, and the outdoor space between the facilities. 6.G Packet Pg. 181 The theme of the event is to celebrate the h istory of the City with the community. Pictures, artifacts, games, and displays will be used to share Gilroy’s past and present with members of the community. City staff, Board and Commission Members, Council, volunteers, and community members will all be involved in this event. Earlier this fiscal year, the City Council approved a $25,000 expenditure for costs associated with the Sesquicentennial Celebration. ANALYSIS Staff is recommending that the City Council approve the March 14, 2020 Sesquicentennial Celebration as a City-sponsored event for the community. This recommendation is appropriate given the direct City of Gilroy involvement and nature of the event. With this approval, the event will be covered by the City of Gilroy insurance policies and the Gilroy Police Department will provide security in accordance with a security plan for the event. Outside groups wishing to participate in the celebration event by setting up displays and coordinating activities will be required to register and agree to a waiver of liability (see attached). Safety will be a priority for all aspects of this event. ALTERNATIVES In the alternative, the City could require the committee to obtain outside insurance and security for the event. However, this is not recommended given that the event is the City of Gilroy Sesquicentennial Celebration for the community. FISCAL IMPACT/FUNDING SOURCE There is no additional charge to the City to cover this City-sponsored event under the City’s existing insurance coverage. If a claim or lawsuit results, there could be future cost to the City. In addition, as noted above, the City previously allocated $25,000 for this event. CONCLUSION Staff recommends that the City Council approve the Gilroy 150th Anniversary Celebration Event scheduled for Saturday, March 14, 2020 as a City-sponsored community event. 6.G Packet Pg. 182 City of Gilroy STAFF REPORT Agenda Item Title: Claim of Samuel Miceli (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: February 24, 2020 From: Gabriel Gonzalez, City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the February 24, 2020 meeting: Claim of Samuel Miceli Attachments: 6.H Packet Pg. 183 1. Claim of Samuel Miceli 6.H Packet Pg. 184 6.H.a Packet Pg. 185 Attachment: Claim of Samuel Miceli (2659 : Claim of Samuel Miceli) 6.H.a Packet Pg. 186 Attachment: Claim of Samuel Miceli (2659 : Claim of Samuel Miceli) 6.H.a Packet Pg. 187 Attachment: Claim of Samuel Miceli (2659 : Claim of Samuel Miceli) City of Gilroy STAFF REPORT Agenda Item Title: Approval of a Budget Amendment in the Amount $166,000 and Approval of the Fifth Amendment to the Agreement with Mintier Harnish in the Amount of $166,000 for the Preparation of Required Zoning Code Amendments Meeting Date: February 24, 2020 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Karen Garner Prepared By: Karen Garner Stan Ketchum Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION a) Adopt a Resolution of the City Council of the City of Gilroy amending the budget in the amount of $166,000 for the City of Gilroy for Fiscal Year 2019- 2020 in the General Fund and appropriating proposed expenditure amendments. b) Approve the fifth amendment to the agreement with Mintier Harnish in the amount of $166,000 for preparation of zoning code amendments and guidelines, and authorize the City Administrator to execute the agreement and associated documents. 7.A Packet Pg. 188 BACKGROUND On November 4, 2019, the City Council approved Resolution 2019-72 (attached) authorizing the City Administrator to submit an application to the State Office of Housing and Community Development for a Senate Bill 2 (SB2) Planning Grants Program (PGP) grant of $160,000. Staff was notified on January 21, 2020 that the grant application was approved. The grant scope of work is proposed to be incorporated into the existing agreement with Mintier Harnish, consultants preparing the General Plan and Zoning Code updates. This is the fifth amendment to the Mintier Harnish Agreement. ANALYSIS The proposed scope of work (attached) for the grant project includes preparation of zoning code amendments and guidelines to comply with recent state legislation regarding objective residential design standards, accessory dwelling units (ADU) and other housing requirements. The tasks included in the SB2 grant are directly related to the scope of work for the General Plan and Zoning Code updates included in the Mintier Harnish Agreement. Both the General Plan and the Zoning Code will be updated based on the analysis of new state housing legislation. The objective residential design standards and new ADU requirements will also result in revisions to the Zoning Code. Since the approval of the grant application submittal, the need for a separate and unrelated General Plan scope amendment has arisen. The Association of Bay Area Governments (ABAG) has released a new set of regional land use projections which must be used in traffic analyses for new projects. The General Plan Update is one such project. The General Plan Environmental Impact Report transportation analysis is required to utilize the new land use data. In order to accomplish this, additional transportation modeling work must be performed by Hexagon Transportation Consultants, the transportation sub consultant for the General Plan Update. The projected cost of this work is $6,000. The total amount of this fifth amendment to the Agreement with Mintier Harnish is $166,000. FISCAL IMPACT/FUNDING SOURCE Once reimbursed through the SB2 PGP Grant, there will be no impact to the General Fund. The SB2 PGP Grant procedures require applicants to complete work and subm it invoices for reimbursement. The additional funds for the proposed work, totaling $166,000, will initially be covered from the Long Range Planning Surcharge revenue charged to building and planning applicants (which is currently held separately in the General Fund). Reimbursement funds received from the state grant will be deposited into the General Fund and recorded as state grant revenue and placed back into the surcharge funds. With full grant funding of $160,000 being reimbursed, the total cost would be the remaining $6,000 offset by the Long Range Planning Surcharge revenue. 7.A Packet Pg. 189 RECOMMENDATION The City Council take the following actions: 1. Approve the fifth amendment to the agreement with Minti er Harnish in the amount of $166,000 for preparation of zoning code amendments and guidelines to comply with recent state legislation regarding objective design standards, accessory dwelling units and other housing requirements and to augment the funding f or transportation analysis for the General Plan Environmental Impact Report, and authorize the City Administrator to execute the agreement and associated documents. 2. Approve a budget amendment resolution to increase the General Plan expenditure budget by $166,000 to cover the costs of these services. Attachments: 1. SB2 Grant CC memo scope 2. DRAFT Resolution 2020-xx (Budget Amendment for 5th Amendment General Plan) 3. Resolution 2019-72 7.A Packet Pg. 190 City of Gilroy Senate Bill (SB) 2 Planning Grant Scope of Work Background The Zoning Ordinance and development guidelines addressing residential development in the City of Gilroy are outdated and inconsistent with recently adopted state legislation. As a result, review of proposed housing projects can include multiple cycles of review and comment between city and applicant to arrive at an acceptable project design and incurring avoidable time delays. Unclear development standards also hinder prospective housing developers from gaining a clear understanding of city requirements upon which to base project commitments. This grant application includes the following components: 1) preparation of Zoning Code amendments including objective design and development standards and updates to density bonus and Accessory Dwelling Unit (ADU) provisions to comply with current state law, and 2) preparation of an Accessory Dwelling Unit Design Guidebook intended to provide property owners, architects and developers with extensive information for use in planning and constructing ADU's. These products will contribute to the streamlining of the development review process and facilitate increased multi-family residential and accessory dwelling unit production. Scope Description The proposed scope of work for the project includes the following tasks: Task 1 Project Initiation and Stakeholder Interviews The consultant will facilitate a kick-off work session with City staff to discuss project background, objectives, and expectations for the Zoning Code revisions and ADU Guidebook. Consultant and City staff will tour existing multifamily development sites and ADUs to identify positive and negative results from projects to date. The consultant will conduct one day of interviews with local housing developers, architects, housing advocates, City Council members, Planning Commissioners, and others identified by City staff to gain an understanding of the ideas and expectations of the housing development community. Task 2 Research and Initial Recommendations Research tasks to include:  Review City regulations, guidelines, conditions of approval, and other provisions related to housing development  Review recently approved residential projects to identify current design standards and practices  typically used in other cities of similar size that may be relevant to the City of Gilroy.  Review zoning code provisions, design guidelines, specific plans, and other documents that may impact the development of ADUs on currently zoned residential parcels.  Identify opportunities for changes that could result in the increased production of ADUs and multifamily housing in Gilroy. Task 3 City Council and Planning Commission Joint Study Session The consultant and City staff will facilitate a joint study session with the City Council and Planning Commission to elicit Council and Commission expectations, concerns, and ideas and allow for and encourage community and stakeholder participation. Deliverables: Joint study session materials & summary of study session results Task 4 Refinement of Recommendations Based on the input from the study session, the consultant will refine the initial outline of 7.A.a Packet Pg. 191 Attachment: SB2 Grant CC memo scope (2604 : Fifth Amendment to Agreement with Mintier Harnish) 2 recommended standards and Zoning Code amendments and the approach to facilitating ADU and multi-family production. Consultant and City staff will reach consensus on the objective design and development standards for inclusion in Zoning ordinance revisions. Consultant and City staff will also reach consensus regarding how to address ADUs. Task 5 Zoning Code Amendments· Consultant will prepare Administrative Draft Zoning Code Amendments to include multifamily objective design and development standards for multifamily residential uses in selected zoning districts, and density bonus provisions to comply with current state law. Provisions regarding ADU's will be revised to comply with current state law. Task 6 Accessory Dwelling Unit Design Guidebook The consultant will prepare an easy-to-use ADU Design Guidebook. The Guidebook will inform and inspire residents on how to use their own existing residential property in new ways to house family members, earn rental income, or work from a home office or studio. The Guidebook will include a 'how to' success story to showcase a typical City resident's ADU development experience and descriptions of six different building configurations to illustrate planning strategies to best accommodate an ADU on a variety of residential parcel types, locations, and sizes. Task 7 Public Review and Adoption Consultant will participate in one Planning Commission hearing and one City Council hearing regarding the zoning code revisions and the ADU Guidebook. General Plan EIR Transportation Analysis Modeling Update Scope of Work The Gilroy Travel Demand Model was last used for the General Plan EIR transportation analysis in 2017. The model was based on the current ABAG land use projections for the Bay Area region and the model was calibrated and validated for Gilroy at that time. In October, 2019, ABAG released, and VTA adopted, a new set of land use projections for the Bay Area. These projections are the official regional land use forecasts that should be used in the traffic analysis for new projects. It is necessary to perform another round of model validation/calibration to incorporate the updated ABAG land use projections. The cost for the additional work is $6,000. The additional work will require extension of the EIR traffic study schedule by two weeks. 7.A.a Packet Pg. 192 Attachment: SB2 Grant CC memo scope (2604 : Fifth Amendment to Agreement with Mintier Harnish) RESOLUTION NO. 2020-XX RESOLUTION NO. 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR FISCAL YEAR 2019-2020 IN THE GENERAL FUND AND APROPRIATING PROPOSED EXPENDITURE AMENDMENTS WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2019-2020 and 2020-2021, and the City Council carefully examined, considered and adopted the same on June 3, 2019; and WHEREAS, on November 4, 2019, the City Council approved Resolution 2019-72 authorizing the City Administrator to submit an application to the State Office of Housing and Community Development for a Senate Bill 2 (SB2) Planning Grants Program (PGP) grant of $160,000; and WHEREAS, on January 21, 2020 that grant application was approved; and WHEREAS, The General Plan Environmental Impact Report transportation analysis is required to utilize new regional land use data released by the Association of Bay Area Governments; and WHEREAS, the projected costs for the General Plan consultant to complete this additional transportation modeling work is $6,000; and WHEREAS, the fifth amendment to the agreement for services with the City’s General Plan Consultant, Mintier Harnish, for $166,000 is intended to cover additional services related to this grant application and additional transportation modeling work; and WHEREAS, the City Council has carefully examined and considered the same and is satisfied with said budget amendments. NOW, THEREFORE, BE IT RESOLVED THAT appropriations for Fiscal Year 2019-20 are hereby increased in the General Fund, Fund 100, by $166,000. 7.A.b Packet Pg. 193 Attachment: DRAFT Resolution 2020-xx (Budget Amendment for 5th Amendment General Plan) [Revision 1] (2604 : Fifth Amendment to RESOLUTION NO. 2020-XX PASSED AND ADOPTED this February 24th, 2020 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ___________________________ ATTEST: Roland Velasco, Mayor _________________________ Shawna Freels, City Clerk 7.A.b Packet Pg. 194 Attachment: DRAFT Resolution 2020-xx (Budget Amendment for 5th Amendment General Plan) [Revision 1] (2604 : Fifth Amendment to RESOLUTION NO.2019-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING APPLICATION FOR AND RECEIPT OF SB 2 PLANNING GRANTS PROGRAM FUNDS WHEREAS, the State of California, Department of Housing and Community Development (Department) has issued a Notice of Funding Availability (NOFA) dated March 28, 2019, for its Planning Grants Program (PGP); and WHEREAS, the City Council of the City of Gilroy desires to submit a project application for the PGP program to accelerate the production of housing and will submit a 2019 PGP grant application as described in the Planning Grants Program NOFA and SB 2 Planning Grants Program Guidelines released by the Department for the PGP Program; and WHEREAS, the Department is authorized to provide up to $123 million under the SB 2 Planning Grants Program from the Building Homes and Jobs Trust Fund for assistance to Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)) related to the PGP Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY RESOLVES AS FOLLOWS: SECTION I The City Council is hereby authorized and directed to apply for and submit to the Department the 2019 Planning Grants Program application in the amount of $160,000. SECTION I1 In connection with the PGP grant, if the application is approved by the Department, the City Administrator is authorized to enter into, execute, and deliver a State of California Agreement Standard Agreement) for the amount of $160,000 and any and all other documents required or deemed necessary or appropriate to evidence and secure thePGP grant, the City of Gilroy's obligations related thereto, and all amendments thereto (collectively, the "PGP Grant Documents"). SECTION III The City of Gilroy shall be subject to the terms and conditions as specified in the Standard Agreement, the SB 2 Planning Grants Program Guidelines, and any applicable PGP guidelines published by the Department. Funds are to be used for allowable expenditures as specifically identified in the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application will be enforceable through the executed Standard Agreement. The City of Gilroy City Council hereby agrees to use the funds for eligible uses in the manner RESOLUTION NO.2019-72 7.A.c Packet Pg. 195 Attachment: Resolution 2019-72 (2604 : Fifth Amendment to Agreement with Mintier Harnish) presented in the application as approved by the Department and in accordance with the Planning Grants NOFA, the Planning Grants Program Guidelines, and 2019 Planning Grants Program Application. SECTION IV The City Administrator is authorized to execute the City of Gilroy Planning Grants Program application, the PGP Grant Documents, and any amendments thereto, on behalf of the City of Gilroy as required by the Department for receipt of the PGP Grant. PASSED AND ADOPTED this 4' day of November, 2019 by the following roll call vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, LEROE-MUNOZ, NOES: MARQUES, TOVAR, TUCKER and VELASCO COUNCILMEMBERS: ''Tr.,.,T ABSENT: COUNCILMEMBERS: Roland -JWsco, Mayor ATTEST: Freels, Clerk RESOLUTION NO. 20I9-72 7.A.c Packet Pg. 196 Attachment: Resolution 2019-72 (2604 : Fifth Amendment to Agreement with Mintier Harnish) I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2019-72 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said held on Council held on the 4 h day of November, 2019, at which meeting a quorum was present. M WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy,this 5t` day.9f November, 2019. Shawna Free .s, City Clerk of e Cit Gilroy Seal) 7.A.c Packet Pg. 197 Attachment: Resolution 2019-72 (2604 : Fifth Amendment to Agreement with Mintier Harnish) City of Gilroy STAFF REPORT Agenda Item Title: Consideration of Proposed Budget Amendments to the Fiscal Year 2019-2020 Community Development Block Grant (CDBG) Annual Action Plan Adopted May 6, 2019 to Reallocate Unspent CDBG Grant Funds to the FY 2020 Annual Sidewalk Gap Closure and Curb Ramp Program Meeting Date: February 24, 2020 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Karen Garner Prepared By: Karen Garner Sue O'Strander Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development  Neighborhood Services  Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION a) Approve amendments to the Fiscal Year 2019-2020 Community Development Block Grant (CDBG) Annual Action Plan to reallocate unspent CDBG grant funds to the FY 2020 annual sidewalk gap closure and curb ramp program. b) Adopt a Resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2019-2020 in the Community Development Block Grant fund, and appropriating proposed expenditure amendments of $644,229 until grant funds can be reimbursed by the US Housing and Urban Development Department (HUD). 8.A Packet Pg. 198 EXECUTIVE SUMMARY The City seeks public comments and Council approval of a substantial amendment to its Fiscal Year (FY) 2019-2020 Annual Action Plan which oversees the use of Community Development Block Grant (CDBG) funds. The substantial amendment will re-allocate monies from prior years which have not been used and which need to be expended by May 2, 2020. This is critical in that, on or before this date, jurisdictions that receive federal CDBG funds must meet a timeliness test of HUD. Specifically, the timeliness test requires jurisdictions to have no more than 1.5 times its current allocation amount in available grant funding. The City met this requirement last year, however, a substantial expenditure must be made in this fiscal year to stay under the entitlement grant balance limit. The City has identified a sidewalk gap closure and curb ramp improvement project that can be accomplished expeditiously and will utilize approximately $544,229 in CDBG funding. The project would repair and install sidewalks in areas that are lacking safe pedestrian facilities and construct new ramps that comply with the Americans with Disabilities Act (ADA) standards. Sidewalk improvements are an eligible activity under CDBG, and the project will take place in a low-moderate income area thus meeting a National Objective, which is a requirement of HUD regulations. The project will be funded with prior year resources from projects that were stalled or never came to fruition. BACKGROUND The Community Development Block Grant (CDBG) Program is a federal program administered by the United States Department of Housing and Urban Development (HUD). The City of Gilroy is designated as an “entitlement” community, and thus receives an annual allocation of CDBG monies directly from HUD for each fiscal year. In order to receive CDBG funds, the City is required to prepare a Five-Year Consolidated Plan. The Consolidated Plan identifies broad housing and community development needs and establishes CDBG funding priorities for a period of five years. The City is also required to submit an Annual Action Plan for each year within the 5-year period which identifies specific projects/activities to be funded within that fiscal/program year. Currently, the City is in Year 5 of the Consolidated Plan (FY 19/20). May 2nd of each year is a critical date for jurisdictions receiving CDBG funding. On or before this date, jurisdictions must meet a timeliness test. Specifically, each jurisdiction may not have an unspent funding total that is more than 1.5 times its current allocation amount. To exceed this ratio could jeopardize future CDBG allocations, potentially requiring payback of spent funds and/or withholding future CDBG funding. None of these actions would be desirable. HUD regulations allow for the City to amend its Annual Action Plan during the course of the year to allow for unforeseen changes to the CDBG program in the form of a substantial amendment. A substantial amendment as defined by HUD regulations 8.A Packet Pg. 199 (91.505) as a change to the consolidated action plan or annual action plan with criteria set by the receiving jurisdiction via their citizen participation plan. Based on the City’s Citizen Participation Plan, this change is considered a substantial amendment. Such amendments typically occur in such circumstances when an anticipated project/activity does not come to fruition and needs to be canceled, a new project/activity is proposed, or a significant amount of money needs to be re-allocated to an activity from the current or previous year’s allocation on funds. In order to complete the substantial amendment, HUD requires the City to provide public notice, an opportunity for citizen participation and receive public comments on the proposed changes before taking action. Previous Amendment While amendments to Annual Action Plans are not unusual, Gilroy’s previous amendment occurred in 2018. In January 2018, the City Council took action to shift funds from previous years to complete capital improvement projects at San Ysidro Park ($48,468), and at Las Animas Park ($393,457), and proposed rehabilitation and property improvements at Cherry Blossom Apartments ($100,000). At the time of that amendment, the City targeted at least $300,000 to reduce the accumulated CDBG funds below the HUD threshold. The funds budgeted for San Ysidro and Las Animas Parks were spent, and excess CDBG funds were lessened as anticipated. However, the Cherry Blossom Apartment rehabilitation project did not move forward. CDBG funding is associated with strict timelines and requirements including citizen participation and spending deadlines. With the Housing Division still deficient in a full- time permanent Housing Manager, and settling of key management positions in Community Development, the City recently took action to address the complexities associated with managing such funds. On January 8, 2020, a contract amendment with Adams Ashby Group was executed to include a full spectrum of services associated with CDBG administrative support. Unfortunately, timely actions for a FY19/20 CDBG NRSA Capital Improvement category project (which ideally should have been initiated in early 2019) had not yet occurred by the time the contract was put into place, and the City finds itself again in a position to spend at least $250,000 to reduce its CDBG monies before May 2, 2020. Current Amendment In order to expend the monies expeditiously, staff recommends shifting the majority of unspent funds from prior years to the proposed sidewalk rehabilitation project (see attached proposal details). This project is important in that it will address needed sidewalk and ramp improvements quickly and efficiently. In addition, the proposed project is wholly located within the City’s Neighborhood Revitalization Strategy Area (NRSA) that has been identified as a low-moderate income area and would greatly benefit from the infusion of CDBG funding. As such, this meets a National Objective, a requirement of HUD regulations. 8.A Packet Pg. 200 In working closely with our consultant, they created a summary of current funds that have not yet been allocated to projects and are considered unspent. While the previous amendment was anticipated to have reduced residual funding accumulation over the long term, a balance of $152,180 remained in the “Other” category for which there were no specified projects at that time. At least $250,000 must be spent to reduce Gilroy’s holdings to comply with HUDs timeliness test, and the overall accumulated amount is $644,229. The FY and program breakdown is provided below: NRSA Capital Improvements Cherry Blossom Apts. Rehab. Economic Development Other (unspecified) 19/20 177,272 0 0 0 177,272 18/19 157,677 19,855 35,000 0 212,532 17/18 102,245 0 0 102,245 14-16 0 0 0 152,180 152,180 TOTAL 334,949 122,100 35,000 152,180 644,229 Unspent CDBG Funding as of FY 2019-20 PROGRAMMED USE OF FUNDS TOTALYEAR The NRSA Capital Improvements category above did not specifically have any identified projects, and thus were actually incorporated as a placeholder for a future project. As mentioned above, the process to identify CDBG funded capital improvement projects should have been initiated in early 2019. With staffing shortages and lack of technical support, early steps to initiate this work did not occur in a timely manner. The requested fund allocations will reflect $100,000 for Cherry Blossom Apts Rehab (for any ongoing maintenance and necessary repairs) and $544,229 for NRSA Capital Improvements for a total amount of $644,229. At this time, the sidewalk project is on track to be expended in full before May 2, 2020. CDBG Process Improvements CDBG funds provide great benefits to Gilroy’s community, and staff is committed to improve Gilroy’s procedures by implementing best practices for the CDBG program. A CDBG Program Fact Sheet has now been created, which includes comprehensive information on the funding process, eligible activities, review and selection proce ss, and key dates. The CDBG Fact Sheet is included as an attachment to this staff report. Ideally, key activity dates in the process include: January Request for Proposals February Proposals Due March City conducts public hearings 8.A Packet Pg. 201 April City Council makes funding recommendations April Public review period for Draft Annual Action Plan May City Council action to approve Final Annual Action Plan May Awardees notified of proposed allocations July Awardees may begin to use funds for the Program Year The timeline above anticipates the request for proposals/projects is initiated early in the calendar year for work that will be completed in the following fiscal or program year. By implementing this timeline in the future, staff anticipates opportunities for process streamlining, timely outreach, review and approval of future CDBG funding allocations. This advance coordination will reduce the need for future amendments. ANALYSIS Based on the dollar amounts listed above, the City has a significant amount of money that remains in their unspent grant balance and must be addressed prior to May 2, 2020 in order to not risk falling short of HUD’s expenditure requirements. Community Development and Public Works staff has met numerous times to discuss viable projects that not only meet CDBG goals but can also be accomplished in the quickest and most efficient means possible. The proposed sidewalk gap closure and curb ramp improvement project will utilize nearly all monies that are unspent and begin construction in early spring, meeting the requirements for HUDs May 2, 2020 deadline. ALTERNATIVES 1. Should the City Council approve the requested substantial amendment to the FY19-20 Annual Action Plan, the City will be in compliance with HUD requirements. As this is desired so that future CDBG funding is not at risk, this action is recommended. 2. Should the City Council defer approval of the requested substantial amendment, the City will not be in compliance with HUD timeliness requirements. Such an action will result in the slow expenditure of CDBG funds, which could result in sanctions from HUD for not utilizing funds in a timely manner. As such, this action is not recommended. 3. Should the City Council direct staff to consider an alternate project(s) for the use of CDBG funds, this would significantly delay expenditure of such funds. In addition, alternate project(s) will most likely also require a substantial amendment. As such, this action is not recommended. FISCAL IMPACT/FUNDING SOURCE To authorize this project spending for this fiscal year, a budget amendment to the CBDG fund (Fund #254) in the FY 2019-20 budget is required to increase the budget appropriation for the CDBG fund by $644,229. The amendment reallocates existing 8.A Packet Pg. 202 grant allocations in order to allow expeditious and timely expenditure of available funds. The proposed sidewalk improvement project will re-allocate CDBG funds from prior years that are currently unspent and negatively impacting the Cit y’s expenditure rate with HUD. Public Works staff has estimated the sidewalk project to cost approximately $544,229. Staff recommends the following re-allocation amounts to support this project: Program Categories Original Funding Revised Funding NRSA Capital Improvements $334,949 $544,229 Cherry Blossom Apts Rehab $122,100 $100,000 Economic Development $35,000 0 Other (unspecified) $152,180 0 TOTAL FUNDING $644,229 $644,229 All project costs are expected to be absorbed by the CDBG funds with n o impact to the City’s general fund or other specific funds. The project costs include staff time for preparing engineering drawings, bid specifications and construction oversight. CONCLUSION Staff recommends that the City Council approve the substantial amendment to the FY 2019 - 2020 Annual Action Plan, authorize submittal of the amendment to the U.S. Department of Housing and Urban Development and direct Public W orks staff to proceed with design and construction documents of the proposed sidewalk gap closure and curb ramp improvement project. NEXT STEPS Upon approval, staff will proceed with submitting the substantial amendment to HUD. PUBLIC OUTREACH A public notice was posted at various locations and advertised in the Gilroy Dispatch Newspaper on January 24, 2020. The notice allowed for public comments for a period of thirty days, beginning on January 24, 2020 and ending on February 24, 2020, the day of the City Council public hearing. In keeping with federal regulations, all public comments will be addressed in the substantial amendment and provided to HUD prior to moving forward. Attachments: 1. NRSA Boundaries 2. 2020 Sidewalk Gap Closure Project 3. Gilroy Final Action Plan Substantial Amendment #1 4. CDBG Fact Sheet 5. Comment Letter Received from Bicycle Pedestrian Commission, Dated January 28, 2020 6. Budget Amendment Resolution - Substantial Amendment #1 for CDBG AAP 8.A Packet Pg. 203 8.A.a Packet Pg. 204 Attachment: NRSA Boundaries (2583 : Annual Action Plan Amendment) 8.A.b Packet Pg. 205 Attachment: 2020 Sidewalk Gap Closure Project (2583 : Annual Action Plan Amendment) 8.A.b Packet Pg. 206 Attachment: 2020 Sidewalk Gap Closure Project (2583 : Annual Action Plan Amendment) 8.A.b Packet Pg. 207 Attachment: 2020 Sidewalk Gap Closure Project (2583 : Annual Action Plan Amendment) 8.A.b Packet Pg. 208 Attachment: 2020 Sidewalk Gap Closure Project (2583 : Annual Action Plan Amendment) 8.A.b Packet Pg. 209 Attachment: 2020 Sidewalk Gap Closure Project (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 1 OMB Control No: 2506-0117 (exp. 06/30/2018) Substantial Amendment #1 Executive Summary AP-05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction Annually, HUD allocates a series of grants to local jurisdictions for community development activities. The City of Gilroy is an entitlement jurisdiction (cities with a population above 50,000 people, a requirement to receive these entitlement grants). As such, the City is subject to Title I of the National Affordable Housing Act which mandates that jurisdictions prepare a five-year Consolidated Plan. That Plan identifies local community development needs and sets forth a strategy to address these needs over a five-year period. The Consolidated Plan must address both affordable housing and non-housing related community development needs. The needs are targeted to low and very low-income persons and/or who reside low-income areas. Also required is the need to prepare an Annual Action Plan (AAP) for each of the five years included in the five-year Consolidated Plan. This next CDBG program year, Fiscal Year 2019-2020 (HUD Program Year 2019), represents the fifth year of the current City Council adopted five-year Consolidated Plan. This FY 19/20 AAP will address how the City of Gilroy plans to address the strategies listed in the Consolidated Plan for the period of July 1, 2019 - June 30, 2020. The City anticipates a CDBG allocation for this fiscal year of $476,592 as well as an additional $30,000 in Program Income, and $168,000 in HTF funds. Any minor changes (i.e. typos, minor edits, changes that do not affect the essence of the document) to this Plan will be completed through a minor amendment process that will not require further citizen participation or City Council approval. Substantial amendments (i.e. funding changes, re-allocation of project monies, etc.) will follow the City’s citizen participation plan, and require a public hearing and Council approval. This will be considered the City’s 1st Substantial Amendment to its 2019/2020 Action Plan. Due to projects that did not come to fruition, staff recognized the need to develop a new project to address a large amount of monies that were being underused. Staff determined the best use of this money would be an infrastructure project, as the last two action plans proposed general improvements, but no specific projects. The new project will utilize approximately $549,229 in CDBG monies and will focus pedestrian safety with sidewalk installation and curb ramps to meet ADA accessibility. 2. Summarize the objectives and outcomes identified in the Plan 8.A.c Packet Pg. 210 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 2 OMB Control No: 2506-0117 (exp. 06/30/2018) This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. HUD has established a set of outcomes and objectives entitlement jurisdictions need to address. The outcomes and objectives are noted within each of the twenty-two Goals included in the Strategic Plan (SP-45) section of the Consolidated Plan. In summary, they are as follows: • Outcomes: Availability/Accessibility; Affordability; Sustainability • Objectives: Create suitable living environments; Provide Decent Affordable Housing; Create Economic Opportunities The outcomes and objectives are noted within each of the twenty-two Goals included in the Strategic Plan (SP-45) section of the Consolidated Plan. In Fiscal Year 2019-2020, the City will address twenty of the twenty-two goals noted in the Consolidated Plan. Details on which goals the City will address as well as how the City plans to do so are noted in Section AP-20 “Annual Goals and Objectives” of this AAP. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. A meaningful evaluation of past performance is integral to determine what has been accomplished and what work is necessary to address the myriad of needs in the community. This evaluation included a review of past Consolidated Plans and AAPs as well as the successes achieved through the Neighborhood Revitalization Strategy. Through this evaluation, the City was able to compare the needs identified through this Consolidated Plan and compare them to the activities that have taken place in the past to determine if those activities are still necessary. Priority needs, and goals were then formulated to meet these needs with an eye to what has been successful in the past and what is necessary in the future. The City will report, in detail, on its performance in the FY 19-20 Consolidated Annual Performance Evaluation Report (CAPER) due to HUD in September 2019. As in integral function of preparing for the CAPER, City of Gilroy Housing and Community Development (HCD) staff monitors financial and program performance of CDBG and HTF funding sub-recipients on a quarterly basis. Depending upon the results of that review, staff works with sub-recipients to achieve spending and performance objectives. The City of Gilroy continues to meet the requirements set forth in the HUD regulations that govern the CDBG (CDBG) program. These include thorough programmatic and financial oversight of funded projects; appropriate budgeting and expenditure of funds based on HUD financial requirements; and, 8.A.c Packet Pg. 211 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 3 OMB Control No: 2506-0117 (exp. 06/30/2018) insuring the community continues to receive the necessary services identified through goals established in the development of the five-year Consolidated Plan. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. Public participation plays a central role in the development of the Consolidated Plan. As a precursor to the development of the FY 19-20 (FY 19-20) AAPs, the City Council held a series of three Noticed, for thirty days, Public Hearings, heard citizen comments and approved priorities for funding allocations. The priorities are incorporated into the FY 2019-2020 draft AAP. Prior to the award of public service and housing rehabilitation funds the Community and Neighborhood Revitalization Committee (CNRC) met three times to review the planned CDBG and HTF funding process, Council priorities and discuss the adopted rating and ranking process for the potential applications to be submitted by non-profit agencies wishing to receive funding. On February 4, 2019 City Council adopted CDBG priorities. On March 4, 2019 City Council adopted HTF priorities, and on April 15, 2019 CNRC recommended CDBG and HTF funding allocations for non-profit provided low income public services and a housing rehabilitation grant program. On March 20, 2019, the CNRC conducted interviews of each applicant. Then on March 27, 2019 the Committee rated and ranked each applicant and determined recommended funding amounts for each of the eight non-profit applicants. The CNRC’s funding recommendations were forwarded to the City Council for draft approval of the first of a two-year funding cycle at its April 15, 2019 Public Hearing meeting. All meetings of the CNRC were properly noticed and opened to the public. Further, the Committee met again on April 24, 2019 and finalized its recommendations to City Council for CDBG and HTF funding allocations. All public hearings were published in the Gilroy Dispatch, the local newspaper. The draft Action Plan was made available on April 5, 2019 for public comment on the City’s website as were public notices in English and Spanish. A hard copy of the draft Action Plan and notices were made available at the Community Development/Planning Counter of the City of Gilroy and at the Gilroy Public Library. The notices were also posted at City Hall in a location reserved for public notices. The public hearings were broadcast on Public TV Channel 17. Notices of public comment opportunities were emailed to the following group lists: South County Collaborative, Housing Advisory Committee, South County Homeless Task Force, and the CNRC as well as to the applicants for funding. Substantial Amendment #1 After determining that a substantial amendment would be required, the City followed HUD regulations in meeting citizen participation requirements. A notice was advertised in the Gilroy Dispatch Newspaper 8.A.c Packet Pg. 212 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 4 OMB Control No: 2506-0117 (exp. 06/30/2018) on January 24, 2020, which allowed for a comment period for 30 days, ending on February 24, 2020. In addition, a public hearing at the City Council was held on February 24, 2020. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. The City will incorporate any comments received during the 30-day public comment period in the draft submitted to HUD. At the City Council meeting of April 15, 2019 two members of the public commented on the funding allocation process for non-profit public services, including representatives of Silicon Valley Building Together and the Gilroy Compassion Center. Both gave the Council a short overview of the services they provide in Gilroy for low income families and individuals. Substantial Amendment #1 Public comments will be addressed once comment period has concluded. 6. Summary of comments or views not accepted and the reasons for not accepting them The City will incorporate all comments or views when received. 7. Summary In summary, the FY 19-20 Annual Action Plan represents year five of the five-year Consolidated Plan. It will continue to address the priorities identified in the Consolidated Plan. The plan was developed following a public input process and will address the community development needs of the City of Gilroy. 8.A.c Packet Pg. 213 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 5 OMB Control No: 2506-0117 (exp. 06/30/2018) PR-05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator GILROY Community Development Department Table 1 – Responsible Agencies Narrative The City of Gilroy (City) is the Lead Agency for the United States Department of Housing and Urban Development (HUD) entitlement programs. The City’s Housing and Community Development section of the Community Development Department is responsible for the administration of HUD funded Community Development Block Grant Program (CDBG). By federal law, each jurisdiction is required to submit to HUD a five-year Consolidated Plan and Annual Action Plans listing priorities and strategies for the use of federal funds. Consolidated Plan Public Contact Information Kristi Abrams Director of Community Development (408) 846-0467 Kristi.abrams@cityofgilroy.org 8.A.c Packet Pg. 214 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 6 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-10 Consultation - 91.100, 91.200(b), 91.215(l) 1. Introduction The FY 19-20 AAP represents the fourth year of the five-year Consolidated Plan. Development of the Action Plan utilized the consultative process used for the 2015-2020 Consolidated Plan (Consolidated Plan). The Consolidated Plan was done in collaboration with eight entitlement jurisdictions. These jurisdictions were: • City of Cupertino • City of Gilroy • City of Mountain View • City of Palo Alto • City of Sunnyvale • City of San José • City of Santa Clara • Santa Clara Urban County Public participation played a central role in the development of the Consolidated Plan. The participating jurisdictions within the County launched an in-depth, collaborative regional effort to consult with community stakeholders, elected offices, City and County departments, and beneficiaries of entitlement programs to inform and develop the priorities and strategies contained within the five-year plan. The participating jurisdictions, in partnership with LeSar Development Consultants (LDC) and MIG, Inc. (MIG), facilitated a comprehensive outreach process to enhance coordination and discuss new approaches to working with public and assisted housing providers, legal advocates, private and governmental health agencies, mental health service providers, and other stakeholders that utilize funding for eligible activities, projects, and programs. A Regional Needs Survey was conducted to solicit input from residents and workers in the region. Respondents were informed that participating jurisdictions were updating their respective Consolidated Plans for federal funds that primarily serve low- and moderate-income (LMI) residents and areas. The Regional Needs Survey polled respondents about the level of need in their respective neighborhoods for various types of improvements that could be addressed by entitlement funds. A total of 1,472 survey responses were obtained from September 19, 2014 to November 15, 2014, including 1,078 surveys collected electronically and 394 collected via print surveys. 8.A.c Packet Pg. 215 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 7 OMB Control No: 2506-0117 (exp. 06/30/2018) Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)). Regional Forums The participating jurisdictions held three regional public forums to identify housing and community development needs and priorities for the next five years. The public forums were conducted as part of a collaborative regional approach to help the participating jurisdictions make data-driven, place-based investment decisions for federal funds. Seventy-six (76) people attended the regional forums, including community members, service providers, nonprofit representatives, and interested stakeholders. Community Forums in Local Jurisdictions In addition to the regional forums, several participating jurisdictions conducted public outreach independent of the regional collaborative. The cities of San Jose and Mountain View, and the Santa Clara Urban County, each held multiple community forums to solicit public input on local issues, needs and priorities. The community forums were held in tandem with the regional public forums to expand the outreach process and gather specific place-based input. One hundred and thirty-three (133) individuals attended the community forums, including residents, service providers, nonprofit representatives, and interested stakeholders. Outreach Approximately 4,847 entities, organizations, agencies, and persons were directly engaged via outreach efforts and asked to share materials with their beneficiaries, partners, and contacts. These stakeholders were also encouraged to promote attendance at the public forums and to solicit responses to the Regional Needs Survey. Stakeholder engagement included phone calls, targeted emails, newsletter announcements, social media posts, and personalized requests from staff of the Entitlement Jurisdictions. Each participating jurisdiction also promoted the regional forums and regional survey links on their respective websites and announced the Consolidated Plan process through electronic mailing lists. Outreach materials and the survey links (including materials in Spanish) were emailed to over 4,000 entities, organizations, and persons. Approximately 1,225 printed flyers providing public notice about the regional forums were distributed throughout the County at libraries, recreation centers, community meeting locations, and organizations benefiting LMI residents and areas. These flyers were available in English and Spanish. Print newspaper display ads also were posted in the Gilroy Dispatch (English), Mountain View Voice (English), El Observador (Spanish), La Oferta (Spanish), Thoi Bao (Vietnamese), Philippine News (Tagalog), World Journal (Chinese) and San Jose Mercury News (English). In addition, an online display ad was placed in the San Jose Mercury News to reach readers electronically. 8.A.c Packet Pg. 216 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 8 OMB Control No: 2506-0117 (exp. 06/30/2018) Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The Santa Clara County Continuum of Care (CoC) is a multi-sector group of stakeholders dedicated to ending and preventing homelessness in the County of Santa Clara (County). The CoC’s primary responsibilities are to coordinate large-scale implementation of efforts to prevent and end homelessness in the County. In winter 2015, the CoC partnered with Destination: Home, a public-private partnership committed to collective impact strategies to end chronic homelessness and released a Community Plan to End Homelessness in Santa Clara County (the Plan), which outlines a roadmap for community-wide efforts to end homelessness in the County by 2020. The strategies and action steps included in the Plan were informed by members who participated in a series of community summits designed to address the needs of homeless populations from April to August 2014. The Plan identifies strategies to address the needs of homeless persons in the County, including chronically homeless individuals and families, families with children, veterans, and unaccompanied youth. Additionally, it also intended to address the needs of persons at risk of homelessness. The Plan aims to implement the following strategies: [1] 1. Disrupt systems: Develop disruptive strategies and innovative prototypes that transform the systems related to housing homeless people. 2. Build the solution: Secure the right amount of funding needed to provide housing and services to those who are homeless and those at risk of homelessness. 3. Serve the person: Adopt an approach that recognizes the need for client-centered strategies with different responses for different levels of need and different groups, targeting resources to the specific individual or household. Over the next five years, the Plan seeks to identify approximately 6,000 new housing opportunities for the homeless, intending to house 2,518 homeless individuals, 718 homeless veterans, and more than 2,333 children, unaccompanied youth, and homeless individuals living in families. Members of the CoC meet on a monthly basis in various work groups to ensure successful implementation components of the Plan’s action steps. A Community Plan Implementation Team, which includes members of the CoC and other community stakeholders, meets quarterly to evaluate progress toward the Plan’s goals, identify gaps in homeless services, establish funding priorities, and pursue an overall systematic approach to address homelessness.[2] 8.A.c Packet Pg. 217 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 9 OMB Control No: 2506-0117 (exp. 06/30/2018) [1] Santa Clara County CoC. “Community Plan to End Homelessness in Santa [2] Ibid. Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Allocating Funds, Setting Performance Standards and Evaluating Outcomes The city is not an ESG entitlement jurisdiction. Operating and Administrating Help Management Information System (HMIS) The HMIS SCC project is administered by Bitfocus and has served the community since 2004. The project meets and exceeds HUD’s requirements for the implementation and compliance of HMIS Standards. The project has a rich array of service provider participation and is utilized to capture information and report on special programming, such as Housing 1000, the County VTA free bus pass program, and prevention service delivery. [1] [1] County of Santa Clara. Consolidated Annual Performance and Evaluation Report (CAPER). 2014 2. Agencies, groups, organizations and others who participated in the process and consultations 8.A.c Packet Pg. 218 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 10 OMB Control No: 2506-0117 (exp. 06/30/2018) Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Gilroy Compassion Center Agency/Group/Organization Type Services-homeless What section of the Plan was addressed by Consultation? Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? NOTE: Additional agencies, groups and organizations were included in the final draft of the Consolidated Plan and are attached to the FY 19-20 Annual Action Plan. Identify any Agency Types not consulted and provide rationale for not consulting Not Applicable Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Regional Continuum of Care Council The Continuum of Care works to alleviate the impact of homelessness in the community through the cooperation and collaboration of social service providers. This effort aligns with the Strategic Plan's goal to address homelessness. City of Gilroy Housing Element City of Gilroy The Housing Element outlines the City of Gilroy goals, policies, and implementation programs for the preservation, conservation, improvement, and production of housing for the 2015-2023 planning period. The Housing Element identifies the specific actions the City will take to address existing and future housing needs. This effort aligns with the Strategic Plans goal to address affordable housing issues through implementation of the plan. 8.A.c Packet Pg. 219 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 11 OMB Control No: 2506-0117 (exp. 06/30/2018) Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? 2012-2014 Comprehensive HIV Prevention & Care Plan Santa Clara County HIV Planning Council for Prevention and Care This plan provides a roadmap for the Santa Clara County HIV Planning Council for Prevention and Care to provide a comprehensive and compassionate system of HIV prevention and care services for the County. This effort aligns with the Strategic Plan's goal to provide basic and supportive services to special needs populations Affordable Housing Funding Landscape & Local Best Cities Association of Santa Clara County and Housing Trust Silicon Valley This report provides a comparison of the different funding strategies available for affordable housing in the County, and the best practices for funding new affordable housing. This effort aligns with the Strategic Plan's goal to support the development of affordable housing. Regional Housing Need Plan for the San Francisco B Association of Bay Area Governments This plan analyzes the total regional housing need for Santa Clara County and all of the Bay Area. This effort aligns with the Strategic Plan's goal to support the development of affordable housing. Community Plan to End Homelessness in Santa Clara Destination: Home The Community Plan to End Homelessness in the County is a five-year plan to guide governmental actors, nonprofits, and other community members as they make decisions about funding, programs, priorities and needs. This effort aligns with the Strategic Plan's goal to address homelessness. Table 3 - Other local / regional / federal planning efforts Narrative 8.A.c Packet Pg. 220 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 12 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-12 Participation - 91.401, 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting A comprehensive summary of the citizen participation process utilized in the development of the five-year Consolidated Plan and this FY 19-20 AAP and commensurate needs identified through the process is found in Appendix A: Citizen Participation Summary. Below is a summary of the outreach efforts: 1. Regional and Community Forums: A total of 11 regional and community forums took place to include a forum in the city of Gilroy. In total, the forums were attended by 209 individuals representing a cross-sector of the community. This effort included the distribution of 1,225 hardcopy surveys and eight multi-lingual display ads in the local media. Regional Needs Survey: 4,847 entities were directly engaged via email and survey links were posted on the entitlement jurisdiction’s websites. Outreach was also made via Facebook and Twitter. These efforts resulted in the return of 1,472 survey responses. 2. In addition, City staff presented a series of priorities for both public service and community development activities identified through the citizen participation process to the Gilroy City Council on February 4, 2019 for CDBG priorities and March 4, 2019 for HTF priorities. The public was invited to offer comments at those meetings which were noticed in the Gilroy Dispatch as Public Hearings. At the March 4, 2019 Council hearing one member of the public addressed the Council representing Gilroy Compassion Center and spoke to the need to address sheltering for persons who are homeless considering that winter shelters had closed for the season on that date. The City utilized these outreach efforts to formulate the goals it wishes to achieve over the 5-year Consolidated Plan period to include in this FY 19-20 AAP. 8.A.c Packet Pg. 221 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 13 OMB Control No: 2506-0117 (exp. 06/30/2018) Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Public Hearing Non- targeted/broad community Public Hearing took place at the February 4, 2019 City Council meeting to discuss two-year priorities for use of public service and community development. Comments were received at the public meeting N/A 2 Public Meeting Non- targeted/broad community Three regular public meetings and one special meetings of the CNRC took place to discuss public service and housing rehabilitation funding proposals submitted in response to a Request for Proposal for use of CDBG and local Housing Trust Fund dollars. Comments were received, including presentations by non-profit applicants. N/A 8.A.c Packet Pg. 222 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 14 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 3 Public Hearing Non- targeted/broad community A public hearing was scheduled for April 15, 2019 at the City Council meeting, however, was continued until May 6th for further discussion. See item 4 below. None N/A 4 Public Hearing Non- targeted/broad community A public hearing took place at the May 6, 2019 City Council meeting to discuss the draft AAP and the recommended CDBG and HTF funding for the first year of the two-year budget cycle around public service and housing rehabilitation activities. No comments were received. N/A Table 4 – Citizen Participation Outreach 8.A.c Packet Pg. 223 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 15 OMB Control No: 2506-0117 (exp. 06/30/2018) Expected Resources AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction The City expects to receive resources from both the federally funded Community Development Block Grant (CDBG) program as well as the locally funded Housing Trust Fund. Below is a summary of the expected resources in FY 19-20. If HUD makes any adjustments to its allocation after this AAP is adopted, the City will revise the funding amounts for each program, project and public service activity on an across-the-board contingency percentage basis upon formal notice from HUD of the approved FY 19-20 CDBG grant amount. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 476,592 30,000 366,957 873,549 0 5th year of con plan allocation and Program Income. Substantial amendment will commit prior year resources to new infrastructure project. 8.A.c Packet Pg. 224 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 16 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Housing Trust Fund public - local Housing 168,000 0 0 168,000 168,000 The city manages a local Housing Trust Fund. Funds are generated from the repayment or refinancing of prior homebuyer loans that were made to low-income homebuyers. Funds are also generated from city-owned property that were supported with Housing Trust Fund dollars. Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The use of local Housing Trust Fund dollars will assist the city in meeting many of the goals noted in its five-year strategic plan. Funds will go primarily toward housing related public service programs and to assist in the administration of both funds. 8.A.c Packet Pg. 225 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 17 OMB Control No: 2506-0117 (exp. 06/30/2018) If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The city currently owns a multi-family apartment complex within the downtown area known as the Cherry Blossom Apartments. The property includes 7 residential units (five one-bedroom units and two two-bedroom units). The City is currently partnering with the County of Santa Clara and a local nonprofit to house two individuals in the complex. This pilot project currently provides rental subsidies from the County and intensive case management and other support services from the local nonprofit in order to assist the individuals in improving their health and increasing their stability. The program will serve homeless individuals who have been involved in the criminal justice system and require the supportive services necessary to become productive citizens of the community. The City and County will explore the potential of expanding the program to house more individuals to include the provision of supportive services. Discussion See above. 8.A.c Packet Pg. 226 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 18 OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Housing rehabilitation 2015 2019 Non-Housing Community Development CITY OF GILROY NEIGHBORHOOD REVITALIZATION STRATEGY Housing Services CDBG: $144,364 Housing Trust Fund: $0 Homeowner Housing Rehabilitated: 22 Household Housing Unit 2 Services to the homeless 2015 2019 Homeless Basic Needs Supportive Services CDBG: $16,318 Housing Trust Fund: $58,800 Public service activities other than Low/Moderate Income Housing Benefit: 509 Persons Assisted 3 Emergency rental assistance 2015 2019 Homeless Housing Services CDBG: $0 Housing Trust Fund: $50,000 Homelessness Prevention: 100 Persons Assisted 4 Support basic need services 2015 2019 Homeless Non-Homeless Special Needs Basic Needs Housing Trust Fund: $20,000 Public service activities other than Low/Moderate Income Housing Benefit: 16 Persons Assisted 5 Support for supportive services 2015 2019 Homeless Non-Homeless Special Needs Supportive Services CDBG: $21,173 Housing Trust Fund: $25,000 Public service activities other than Low/Moderate Income Housing Benefit: 250 Persons Assisted 8.A.c Packet Pg. 227 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 19 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 6 Support youth services 2015 2019 Youth Youth Services CDBG: $38,497 Housing Trust Fund: $0 Public service activities other than Low/Moderate Income Housing Benefit: 140 Persons Assisted 7 Code Enforcement services 2015 2019 Code Enforcement CITY OF GILROY NEIGHBORHOOD REVITALIZATION STRATEGY Housing Services CDBG: $7,700 Housing Code Enforcement/Foreclosed Property Care: 20 Household Housing Unit 8 Capital improvements in the NRSA 2015 2019 Non-Housing Community Development CITY OF GILROY NEIGHBORHOOD REVITALIZATION STRATEGY Infrastructure Improvements in the NRSA CDBG: $544,229 Housing Trust Fund: $0 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 1 Persons Assisted 9 Promote fair housing choice 2015 2020 Fair Housing Housing Services CDBG: $0 Housing Trust Fund: $14,200 Public service activities other than Low/Moderate Income Housing Benefit: 38 Persons Assisted Table 6 – Goals Summary Goal Descriptions 8.A.c Packet Pg. 228 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 20 OMB Control No: 2506-0117 (exp. 06/30/2018) 1 Goal Name Housing rehabilitation Goal Description The city will provide support for a Home Access Program (HAP). This program will provide grants to complete accessibility improvements to low income residents of the Gilroy. Improvements may include wheelchair ramps, chair lifts and roll in showers. They city will also provide funds to support larger scale housing rehabilitation projects. These improvements may include roof replacements, water heater replacements and kitchen improvements. Funds for the larger scale housing rehabilitation program will be targeted to residents who live within the boundaries of the NRSA. All projects will be geared to providing safe and sanitary housing for the impacted individuals. The city will also include funds for the administration of the projects. 2 Goal Name Services to the homeless Goal Description The city will provide services that support homeless individuals with either shelter or meeting their basic needs such as clothing, food or toiletries. Specifically, the Gilroy Compassion Center will provide drop-in access to basic needs including bathroom, personal care items, laundry facilities, clean clothes, supplies for daily living and respite from living on the streets. 3 Goal Name Emergency rental assistance Goal Description The city will support efforts to provide emergency rental assistance to either help families threatened with eviction or help homeless families with emergency rental assistance that will allow them to move into permanent housing. Specifically, St. Joseph's Family Center will assist low-income residents with emergency rental assistance to prevent evictions or help unhoused families secure permanent housing. 4 Goal Name Support basic need services Goal Description The city will continue to support services that provide basic need services especially to special needs clients such as seniors, the disabled and victims of domestic violence. Specifically, Live Oak Adult Day Services will provide adult day care for frail, dependent low-income seniors to include daily activities, nutritious meals and assistance with personal needs. 8.A.c Packet Pg. 229 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 21 OMB Control No: 2506-0117 (exp. 06/30/2018) 5 Goal Name Support for supportive services Goal Description The city will support efforts to provide supportive services to individuals. The individuals may include special needs populations such as the disables, seniors and victims of domestic violence. Specifically, Silicon Independent Living Center will provide extremely-low income residents with disabilities and their families with housing search assistance for affordable and accessible housing. Also, the YMCA Silicon Valley Branch will provide an exercise program to seniors at the Gilroy Senior Center. Finally, Community Solutions will provide emergency shelter and supportive services to individuals and their children who have been victims of domestic violence. 6 Goal Name Support youth services Goal Description The city will support services at the Gilroy Youth Center to include educational and recreational/enrichment activities. It will also provide funding for free swim lessons and lifeguard training for low income youth. 7 Goal Name Code Enforcement services Goal Description 8 Goal Name Capital improvements in the NRSA Goal Description The city will provide capital improvements to public facilities within the NRSA. Projects can include sidewalk improvements, lighting modifications or public safety infrastructure improvements. 9 Goal Name Promote fair housing choice Goal Description The city will support services that address illegal housing discrimination. Services will include investigation of complaints, conducting of outreach and education and litigation or conciliation efforts to victims of illegal housing discrimination. Specifically, Project Sentinel will provide services to address the incidence of illegal housing discrimination by investigating complaints, administering systemic audits, conducting community outreach and education and seeking regress for victims of housing discrimination. 8.A.c Packet Pg. 230 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 22 OMB Control No: 2506-0117 (exp. 06/30/2018) 8.A.c Packet Pg. 231 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 23 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-35 Projects - 91.420, 91.220(d) Introduction The City will continue to fund various projects that help address the priority needs identified in the five- year Consolidated Plan. The listed projects will require City Council approval prior to the award and release of funds. After Council approval of the revised FY 19-20 AAP, the City will submit its Plan to HUD for review and approval. The FY19-20 AAP will include the following programs: # Project Name 1 Long Term Care Ombudsman 2 Homeless Prevention and Safety Net Services 3 Housing and Emergency Services for Persons with Disabilities 4 Gilroy Street Team 5 Adult Day Care Gilroy 6 Day Center for the Homeless 7 Project Sentinel Fair Housing 8 Meals on Wheels 9 Rebuilding Home Repair, Rehabilitation and Accessibility Modification Program 10 Aquatics Program 11 Gilroy Youth Center 12 Code Enforcement 13 Program Administration 14 Sidewalk Gap Closure and Curb Ramp Improvement Project (Added with Substantial Amendment #1) Table 7 – Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Funding of most public services programs was based on a competitive process that involved a Request for Proposals. Interested applicants submitting funding requests based on the targeted priorities developed by the City. Proposals were then reviewed by the City's Community and Neighborhood Revitalization Committee (CNRC), interviews took place of each applicant and based on both the interview and application, the CNRC scored each applicant. Funds were distributed based on the applicants meeting the stated priorities and funding availability. The main obstacle to this process was the limited federal and local funding. However, the City, with the assistance of the CNRC, made strategic investments and funded projects that could make the greatest impact to the ongoing needs of the community utilizing available CDBG and HTF revenue. 8.A.c Packet Pg. 232 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 24 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-38 Project Summary Project Summary Information 8.A.c Packet Pg. 233 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 25 OMB Control No: 2506-0117 (exp. 06/30/2018) 1 Project Name Long Term Care Ombudsman Target Area Goals Supported Support basic need services Support for supportive services Needs Addressed Basic Needs Funding CDBG: $9,624 Description Catholic Charities will advocate for the rights of residents of long term care facilities. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities The program will serve 150 unduplicated residents of licensed Gilroy long term care facilities. Location Description 6 licensed nursing homes and assisted living facilities in Gilroy. Planned Activities The program will provide advocacy on behalf of residents to ensure they are well cared for and basic needs are met. 2 Project Name Homeless Prevention and Safety Net Services Target Area Goals Supported Emergency rental assistance Needs Addressed Basic Needs Supportive Services Funding Housing Trust Fund: $50,000 Description St. Joseph's Family Center will assist low-income residents by dedicating a case manager/housing specialist to assist families with emergency rental assistance, benefit screenings, housing search, linkages to community resources, financial assistance to maintain or secure permanent housing, and other comprehensive support services that will prevent families from becoming homeless. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities The program will provide services to 100 unduplicated participants of which some will include familial units. 8.A.c Packet Pg. 234 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 26 OMB Control No: 2506-0117 (exp. 06/30/2018) Location Description The program will provide services at the St. Joseph Family Services office located at: 7950 Church Street, Suite A Gilroy, CA 95020 Planned Activities The program will provide emergency rental assistance and assessments of service needs. 3 Project Name Housing and Emergency Services for Persons with Disabilities Target Area Goals Supported Support for supportive services Needs Addressed Supportive Services Housing Services Funding Housing Trust Fund: $25,000 Description The Silicon Valley Independent Living Center will assist individuals with disabilities and their families in their housing search for affordable and accessible housing. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities The program will serve 60 unduplicated participants Location Description The program will provide services at Silicon Valley Independent Living Center offices located at: 7881 Church Street, Suite C Gilroy, CA 95020 Planned Activities The program will provide assistance for individuals with disabilities and their families to transition from homelessness, health care facilities, unstable or temporary housing to permanent affordable, accessible, integrated housing and emergency assistance, security deposits, rent, information and referral, providing other assistance as to ensure long- term sustainability of the independent living solutions. 4 Project Name Gilroy Street Team Target Area Goals Supported Services to the homeless Support for supportive services 8.A.c Packet Pg. 235 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 27 OMB Control No: 2506-0117 (exp. 06/30/2018) Needs Addressed Basic Needs Supportive Services Funding Housing Trust Fund: $35,000 Description St. Josephs Family Center Gilroy Street Team program will prepare homeless, un-housed and at-risk individuals for regular employment. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities The program will serve 9 unduplicated participants Location Description 7950 Church Street, Suite A, Gilroy, CA 95020 Planned Activities Participants will provide clean-up and beautification services, focusing on areas of blight, main street thoroughfares, graffiti abatement, assist local code enforcement and Santa Clara Valley Water District with encampment clean-ups, non-profit events and community based service projects. 5 Project Name Adult Day Care Gilroy Target Area Goals Supported Support basic need services Support for supportive services Needs Addressed Basic Needs Supportive Services Funding CDBG: $11,549 Description Live Oak Adult Day Care Services Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities The program will provide services to 40 seniors. Location Description The program will provide services at: 651 W. Sixth Street, Suite 2 Gilroy, CA 95020 8.A.c Packet Pg. 236 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 28 OMB Control No: 2506-0117 (exp. 06/30/2018) Planned Activities The program will provide disabled, at-risk Gilroy seniors with socialization, recreation, exercise, mental stimulation and nutritious meals, removing them from isolation into a life-enhancing and protected environment, and to provide family caregivers with respite and support services which will enhance their ability to care for their senior loved one in the home setting. 6 Project Name Day Center for the Homeless Target Area Goals Supported Services to the homeless Support basic need services Needs Addressed Basic Needs Funding CDBG: $16,318 Housing Trust Fund: $23,800 Description The Day Center provides drop-in access to basic needs, including bathrooms, personal care items, laundry, clean clothes, etc. and a one- stop location for resources and referrals. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities The program will service 500 homeless individuals Location Description The program will provide services at the Compassion Center currently located at: 370 Tomkins Ct. Gilroy, CA 95020 Planned Activities The program will provide basic needs such as food, clothing, and hygiene to the homeless, as well as connections to services to increase functioning and self-sufficiency, such as a mailing, address, phones, referrals, case management, and service opportunities. It will also provide case management and outreach services. 7 Project Name Project Sentinel Fair Housing Target Area Goals Supported Promote fair housing choice Needs Addressed Housing Services Funding Housing Trust Fund: $14,200 8.A.c Packet Pg. 237 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 29 OMB Control No: 2506-0117 (exp. 06/30/2018) Description Project Sentinel will provide services to address the incidence of illegal housing discrimination by investigating complaints, administering systemic audits, conducting community outreach and education and seeking redress for victims of such discrimination. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities 38 unduplicated participants. Location Description 8339 Church Street, Ste. 104 Gilroy, CA 95020 Planned Activities The program will provide Fair Housing services, which include community outreach and education and the investigation of complaints and audits for unreported violations. These services are designed to address the incidence of illegal housing and provide redress to victims of such discrimination. These services help ensure balanced, integrated communities and meet HUD requirements for affirmatively furthering fair housing. 8 Project Name Meals on Wheels Target Area Goals Supported Support basic need services Support for supportive services Needs Addressed Basic Needs Supportive Services Funding Housing Trust Fund: $20,000 Description The Health Trust will deliver 2,250 home-delivered meals and 1,460 social visits and wellness checks. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities 16 unduplicated participants Location Description Services will take place at various residences within the City of Gilroy city limits. 8.A.c Packet Pg. 238 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 30 OMB Control No: 2506-0117 (exp. 06/30/2018) Planned Activities Daily, hot, home-delivered meals will be delivered to the homes of low- income home bound Gilroy residents to include wellness checks with each delivery. 9 Project Name Rebuilding Home Repair, Rehabilitation and Accessibility Modification Program Target Area Goals Supported Housing rehabilitation Needs Addressed Housing Services Funding CDBG: $144,364 Description The project will repair housing units to attend to the immediate health and safety needs of eligible low-income homeowners with an emphasis on eligible low-income homeowners living in the Neighborhood Revitalization Strategy Area (NRSA). Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities The program will serve 22 unduplicated households. Location Description Services will take place at various residences within the City of Gilroy Planned Activities The project will focus on the correction of safety hazards and urgent repairs that will attend to the immediate health and safety needs of the household. It will also provide urgent/critical repairs and/or accessibility improvements to ensure safe, affordable and a decent living environment for the occupants. 10 Project Name Aquatics Program Target Area Goals Supported Support youth services Needs Addressed Youth Services Funding CDBG: $2,000 Description Free swim lessons for low income youth. Target Date 6/30/2020 8.A.c Packet Pg. 239 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 31 OMB Control No: 2506-0117 (exp. 06/30/2018) Estimate the number and type of families that will benefit from the proposed activities The program will provide free swim lessons to 55 youth ages 5-12. Location Description The program will provide services at Christopher High School Aquatics Center located: 850 Day Road Gilroy, CA 95020 Planned Activities The program will provide free swim lessons to children ages 5 to 12 to learn to be water safe. Swim lessons will follow the American Red Cross swim lesson curriculum and instructors are certified Lifeguards and Water Safety Instructors. 11 Project Name Gilroy Youth Center Target Area Goals Supported Support youth services Needs Addressed Youth Services Funding CDBG: $36,497 Description Gilroy youth center services Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities The program will provide services to 85 youth ages 6-14. Location Description The program will provide services at the Gilroy Youth Center located at: Cesar E. Chavez Gym 227 IOOF Ave. Gilroy, CA 95020 Planned Activities During the school year, the Youth Center is an after-school program providing homework assistance, arts & crafts, sports, and games. During the summer, the Youth Center operates as a summer day camp with sports, games, arts & crafts and fun themed based activities. Registration is required for each component. 12 Project Name Code Enforcement 8.A.c Packet Pg. 240 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 32 OMB Control No: 2506-0117 (exp. 06/30/2018) Target Area CITY OF GILROY NEIGHBORHOOD REVITALIZATION STRATEGY Goals Supported Code Enforcement services Needs Addressed Housing Services Funding CDBG: $7,700 Description Code Enforcement services in NRSA Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities The program will assist 20 households Location Description The program will provide code enforcement services within the NRSA Planned Activities This program will provide code enforcement services within the NRSA to enable 20 low- and moderate-income households to retain decent, affordable housing. 13 Project Name Program Administration Target Area Goals Supported Needs Addressed Funding CDBG: $101,318 Description Program Administration of the CDBG Program - including staff time and oversight Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description Management of the CDBG program will take place at Gilroy City Hall located at: 7351 Rosanna St. Gilroy, CA 95020 Planned Activities The program will provide oversight and monitoring of the CDBG and HTF programs. 14 Project Name Sidewalk Gap Closure and Curb Ramp Improvement Project 8.A.c Packet Pg. 241 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 33 OMB Control No: 2506-0117 (exp. 06/30/2018) Target Area Goals Supported Capital improvements in the NRSA Needs Addressed Infrastructure Improvements in the NRSA Funding CDBG: $544,229 Description Proposed project will install new sidewalk and ADA curb ramps where such facilities do not exist, thus offering safe paths of travel for pedestrians. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities TBD Location Description Project locations include: Martin Street, Chestnut Street, Alexander Street, E 9th Street, W 8th Street and Murray Avenue Planned Activities Proposed project will install new sidewalk and ADA curb ramps where such facilities do not exist, thus offering safe paths of travel for pedestrians. 8.A.c Packet Pg. 242 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 34 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The city will continue to utilize both CDBG and Housing Trust Fund funding to support citywide efforts that meet the needs of the community. However, it will continue to make strategic investments within the boundaries of its Neighborhood Revitalization Strategy Area (NRSA) as approved by HUD. The NRSA is an area of both low-income and minority concentration and in need of a higher level investments to meet the needs of the community. Geographic Distribution Target Area Percentage of Funds CITY OF GILROY NEIGHBORHOOD REVITALIZATION STRATEGY 63 Table 8 - Geographic Distribution 8.A.c Packet Pg. 243 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 35 OMB Control No: 2506-0117 (exp. 06/30/2018) Rationale for the priorities for allocating investments geographically Based on the Choice Neighborhoods 2013 Mapping Tool provided by HUD, 30.77% of households within the NRSA are in poverty or have extremely low incomes (30% of county median income). The vacancy rate for this area is 7.02 % as compared to the surrounding county rate of 4.6%. Further research showed that HUD has identified the three combined tracts as "Qualified Census Tracts" (QCTs) for Low Income Housing Tax Credits. To meet this designation a tract must have either a poverty rate of at least 25% or 50% or more of its householders must have incomes below 60% of the county median income. The same area is currently considered by the Small Business Administration to be a "Historically Underutilized Business Zone" (HUB Zone). Small businesses in such a zone have certain preferences in obtaining federal contracts. Further, a considerable number of homeless persons are found in the NRSA and most of Gilroy’s providers of homeless services are located within the boundaries. Also, the NSRA census tract has recently been identified as a potential Opportunity Zone private investment incentive program. This program is expected to be adopted in the new federal budget for FY 19-20 and associated federal tax reform legislation passed by Congress and signed by the President by September 30, 2019. The program will be administered by U.S. Treasury Department with program rules projected to become available in 2019. The program will allow private companies to invest in community and job creation activities within the Gilroy Opportunity Zone and in exchange receive a federal tax credit. Discussion See above 8.A.c Packet Pg. 244 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 36 OMB Control No: 2506-0117 (exp. 06/30/2018) 8.A.c Packet Pg. 245 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 37 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-75 Barriers to affordable housing -91.420, 91.220(j) Introduction Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment There are no specific actions proposed to ameliorate the negative effects of public policies that serve as barriers to affordable housing. The city will continue to enforce the Residential Development Ordinance (RDO) Affordable Housing Exemption Procedure (Procedure). The intent of the Procedure is to set forth specific criteria and guidelines for the affordable housing exemptions included in the city of Gilroy Zoning Ordinance. The goal of the Procedure is to meet the current and future needs of all segments of the community specifically both for-sale and rental housing to low income individuals. The city, through the implementation of its Housing Element, will continue to identify opportunities to promote the development of affordable housing where possible. Discussion See above 8.A.c Packet Pg. 246 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 38 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-85 Other Actions - 91.420, 91.220(k) Introduction The Annual Action Plan has highlighted many of the specific actions the city plans to take in Fiscal Year 2019-2020. Below is further information on other actions it plans to undertake during the same timeframe. Actions planned to address obstacles to meeting underserved needs As noted prior, the most significant obstacle in meeting underserved needs is the limited availability of funding. The city will continue to research potential opportunities for additional sources of funding to address the needs it is unable to address with the funds available. When funds become available, the city will research the potential uses of those funds and make a determination as to whether or not it can be used to address underserved needs. Such efforts will be addressed when the city reports out its accomplishments through the CAPER. Actions planned to foster and maintain affordable housing The City will continue to support and provide technical assistance to developers of affordable for-sale and rental housing. It will continue to research and evaluate options that could provide additional financial support the development of affordable housing. Actions planned to reduce lead-based paint hazards The city will continue to educate to the community regarding the hazards of lead poisoning, particularly with regard to lead-based paint hazards. It will maintain information on the dangers of lead based paint at the Community Development calendar. It will provide handouts to rehabilitation program clients and test for lead-based paint as required. Finally, it will continue to implement the local Lead Based Management Plan and update when necessary. Actions planned to reduce the number of poverty-level families The city expects that through the community services funding both through the CDBG and Housing Trust Fund programs will reduce the number of poverty-level families. Actions planned to develop institutional structure City staff and staff from the other CDBG entitlement cities in the County of Santa Clara and the County of Santa Clara as well as the Housing Authority of Santa Clara County participate in quarterly CDBG Coordinators meetings. These meetings discuss data resources and strive to coordinate requests for information to both public and private countywide agencies. These meetings help City staff to better 8.A.c Packet Pg. 247 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 39 OMB Control No: 2506-0117 (exp. 06/30/2018) understand the County and non-profit social service structure. Additionally, HUD staff meets with this group to clarify issues and assist in providing ongoing programmatic technical information. The email list serve for this group enables members to share information and to provide technical assistance to one another. The quarterly meetings promote and create an environment of cooperation and understanding of differing needs, concerns, and issues among the group. This expansion of knowledge of regional issues and sharing of information benefits each of the individual jurisdictions represented in the group. Also, City staff participates in the South County Collaborative that consists of providers of services to low income and special needs residents of Gilroy, San Martin and Morgan Hill. The Collaborative is a nonprofit organization, which is able to apply for funding that benefits the communities it serves. Collaborative members share information through an active list serve and receive notices of public comment periods on the AAPs and CAPERs. Lastly, the City's Police Department hosts a monthly meeting that includes representatives from County Mental Health, staff from various nonprofit agencies, health workers, the Santa Clara Valley Water District, faith-based organizations, as well as individual volunteers. The focus is on identifying resources and on sharing information on homeless individuals that have been identified by the police and outreach workers as being ready to get off the streets or who are in particularly dire need. The sharing of information and resources also has as a goal of conserving resources such as police time spent in re- arresting the same homeless person multiple times. The group is also considering viable alternatives to illegal encampments in Gilroy. Actions planned to enhance coordination between public and private housing and social service agencies As noted in the "Actions planned to develop institutional structure" the city actively participates in various groups and collaborative designed to share information, bring awareness to the needs and services of the community and organized to design solutions to the many needs in the community. The city will continue to participate in such efforts with the goal of bringing forth additional resources to city residents. Discussion See above 8.A.c Packet Pg. 248 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 40 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4) Introduction The city will continue to collect additional revenue to support the actions noted in the Annual Action Plan. The funds, known as Program Income, is collected from various sources to include repayment of past rehabilitation loans, rents from city-owned properties that were improved with CDBG and Housing Trust Fund funds and bank interest. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 30,000 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 30,000 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 70.00% 8.A.c Packet Pg. 249 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 41 OMB Control No: 2506-0117 (exp. 06/30/2018) Discussion See above 8.A.c Packet Pg. 250 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) Annual Action Plan 2019 42 OMB Control No: 2506-0117 (exp. 06/30/2018) 8.A.c Packet Pg. 251 Attachment: Gilroy Final Action Plan Substantial Amendment #1 (2583 : Annual Action Plan Amendment) CDBG Program Fact Sheet 1 of 10 CDBG Overview The City is an entitlement jurisdiction participating in the U.S. Department of Housing and Urban Development’s (HUD’s) Community Development Block Grant (CDBG) Program. A requirement of receiving CDBG funds is the City having a five-year Consolidated Plan. The Plan identifies local community development needs and sets forth a strategy to address these needs over a five-year period. T he City’s current 5-Year Consolidated Plan spans calendar years 2015-2020 or FY2016-2020. A new 5-year Consolidated Plan period will begin July 1,2020 – June 30, 2025 Developing an Annual Action Plan (Action Plan) for each of the fiscal years within the Consolidated Plan is also required. Action Plans program the use of federal funding for their respective fiscal year by outlining which specific projects or programs will received funding from the annual allocation This Fact Sheet provides important information on the funding process, funds available, eligible activities, review and selection process, and the federal requirements associated with this funding. Please take the time to carefully review the information contained in this Fact Sheet prior to completing the application for funding to ensure that your proposal meets program eligibility requirements. Funding Timeline The following is an estimated summary timeline for the awarding of funds; dates are subject to change. Request for Proposals Disseminated January Proposal Due Date February City Staff Conduct Public Hearings and Develop Public Services Funding February - March City Council Make Funding Recommendations April City Receives Allocation Notification from HUD April Review Period for Draft Action Plan Begins April City Council Action to Approve Final Action Plan May Notify Awardees of Proposed Allocations May Anticipated Date Awardees May Begin Using Funds July Consolidated Annual Performance and Evaluation Report (CAPER) September 8.A.d Packet Pg. 252 Attachment: CDBG Fact Sheet (2583 : Annual Action Plan Amendment) CDBG Program Fact Sheet 2 of 10 Eligible Activities Public Services; Public Improvements / Facility Acquisition, Construction and/or Substantial Rehabilitation; Major Residential Housing Projects; Economic Development; and Housing Rehabilitation. Ineligible Activities Assistance for buildings used for the general conduct of government; local government expenses; political activities; purchase of equipment and operating expenses (except in certain circumstances when directly related to a public service activity or special economic development activity); new housing construction; income payments; activities not primarily benefiting lower income households (with certain exceptions related to elimination of blight). Consolidated Plan Goals The City adopted a Five-Year Consolidated Plan (FY 2016-2020) for the use of CDBG funds. The Consolidated Plan sets forth a five-year strategy for addressing the housing and community development needs which forms the basis for expending CDBG funds from HUD. The Consolidated Plan outlines the goals and policies for utilizing CDBG funds to assist low income households and persons in the areas of housing, infrastructure, community development, fair housing, public services, and economic development. The goal of the CDBG program is to strengthen partnerships among all levels of government and the private sector, including for-profit and non-profit organizations, to enable them to provide decent housing, establish and maintain a suitable living environment, and expand economic opportunities for every American, particularly for low income Americans (meaning those with incomes below 80% percent of the County area median income). The specific goals of the CDBG program are as follows: • Provide Decent Housing: Included within this broad goal are the following objectives: assist homeless persons to obtain affordable housing; retain the affordable housing stock; increase the availability of permanent housing that is affordable to low-income Americans; and increase supportive housing that includes structural features and services to enable persons with special needs to live in dignity. • Provide a Suitable Living Environment: This goal includes the objectives of improving the safety and livability of neighborhoods; increasing access to quality facilities and services; reducing the isolation of income groups within areas by de-concentrating housing opportunities and revitalizing deteriorating neighborhoods; restoring and preserving natural and physical features of special value for historic, architectural, or aesthetic reasons; and conserving energy resources. • Expand Economic Opportunities: Included in this goal are the objectives of creating jobs accessible to low-income persons; providing access to credit for community development that promotes long-term economic and social viability; and empowering low-income persons to achieve self-sufficiency in federally assisted and public housing. HUD National Objectives For a project to be considered for funding, the project is required to meet one of three national objectives: 8.A.d Packet Pg. 253 Attachment: CDBG Fact Sheet (2583 : Annual Action Plan Amendment) CDBG Program Fact Sheet 3 of 10 • Benefit low and-income persons, households or areas. A minimum of 51% of the beneficiaries must have individual or household incomes which are considered low income or the activity is in an area where HUD has determined that 51% or more of the population is low- income; this is the most common national objective used. • Aid in the prevention or elimination of slums and blight; or • Meet other community development needs having a particular urgency (a condition that occurred within the past 18 months and that poses a serious and immediate threat to the health or welfare of the community). This national objective is rarely used. All programs, projects, and activities approved for funding by the City must fall under these broad national objectives. CDBG Eligible Activities In addition to meeting one of the national objectives, an activity must also be an eligible CDBG activity. General types of activities that are eligible fall into four broad categories: 1. Code Enforcement, Rehabilitation Activities and Housing Development (non- construction); 2. Construction or Improvement of Public Facilities and Infrastructure. Project examples include water, sewer, storm drain, sidewalks, street improvements, parks, community facilities, homeless shelters, etc.; 3. Economic Development Activities (Job Creation and Retention); and 4. Public Service. Federal regulations restrict public service funding to 15% of the total grant and require that any public service being funded must either be new or a quantifiable increase in the level of service above that which has been provided with state or local funds in the previous twelve calendar months. In addition, record keeping requirements generally include extensive documentation on beneficiaries’ income, ethnicity, race and female head of household status. Eligible Public Service Activities (24 CFR 570.201(e)): CDBG regulations allow the use of grant funds for a wide range of public service activities including, but not limited to: • Employment services including job training and literacy • Homeless services • Crime prevention and public safety • Down-payment assistance • Child care • Recreation services • Substance abuse counseling/treatment • Energy conservation • Education programs • Health services • Senior citizens services • Fair Housing Clients Served Clients: Activities are limited to providing services only to the residents of Gilroy. Client Income Verification Options: To be eligible for CDBG assistance, activities must serve low income persons. Low-income persons are defined as those at or below 80% of the 8.A.d Packet Pg. 254 Attachment: CDBG Fact Sheet (2583 : Annual Action Plan Amendment) CDBG Program Fact Sheet 4 of 10 County Area Median Income. Documentation of the benefit to low income level persons is required of activity funded (CDBG National Objective 24 CFR 570.208). The income verification needed is determined by the activity and clients served. If the activity serves a particular group throughout the Urban County, then it falls under one of the two options of Limited Clientele. If it serves clients only in a specific geographic area or census tract, then it is an Area Benefit. a. Limited Clientele: The activity must be offered to a particular group of low-income residents in the entire community. Agencies collect income data and demographic data for each recipient in the program as either Client Based or Presumed Benefit. 1) Client Based: Provides services to City of Gilroy clients Activities will be offered to all residents of a particular group of low-income residents. Income verification is required along with other client statistics. (2) Presumed Benefit: Provides services to only HUD approved groups Activities that exclusively serve a group of persons in any one or a combination of HUD approved categories may be presumed to benefit at least 51% of persons who are low income. Since these groups are presumed to be low income, individual income verification is not required although other client statistics are required. HUD Presumed Benefit categories include: • Abused children • Battered spouses • Elderly persons (62 years and older) • Severely disabled adults • Homeless persons • Illiterate persons • Persons living with HIV/AIDS • Migrant farm workers b. Area Benefit: The activity must be offered to all residents of a defined geographic area. Census Tracts and Blocks served, which contains a minimum of 51% low-income of the residents as proven by American Community Survey data provided by HUD. Agencies are required to obtain, update, and maintain individual client files documenting program eligibility and statistical data including, but not limited to, income eligibility verification, and demographic information on race and ethnicity, disability, female head of household, and clients 62 and older. Income Eligibility Limits Depending on the activity, income eligibility may be based on family or household size. The following definitions of family, household and income levels are found at 24 CFR 570.3: Family refers to the definition of “family” found at 24 CFR 5.403. Family includes, but is not limited to, the following regardless of actual or perceived sexual orientation, gender identity, or marital status: (1) A single person who may be an elderly person, displaced person, disabled person, near- elderly person, or any other single person; or 8.A.d Packet Pg. 255 Attachment: CDBG Fact Sheet (2583 : Annual Action Plan Amendment) CDBG Program Fact Sheet 5 of 10 (2) A group of persons residing together, and such group includes, but is not limited to: (i) A family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family); (ii) An elderly family; (iii)A near-elderly family; (iv)A disabled family; (v) A displaced family; and (vi) The remaining member of a tenant family. Live-in aide means a person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who: (1) Is determined to be essential to the care and well-being of the persons; (2) Is not obligated for the support of the persons; and (3) Would not be living in the unit except to provide the necessary supportive services. Household means all persons occupying a housing unit. The occupants may be a family, as defined in 24 CFR 5.403; two or more families living together; or any other group of related or unrelated persons who share living arrangements, regardless of actual or perceived, sexual orientation, gender identity, or marital status. Low- and moderate-income household means a household having an income equal to or less than the Section 8 low- income limit established by HUD. Low- and moderate-income person means a member of a family having an income equal to or less than the Section 8 low-income limit established by HUD. Unrelated individuals will be considered as one-person families for this purpose. Low-income household means a household having an income equal to or less than the Section 8 very low-income limit established by HUD. Low-income person means a member of a family that has an income equal to or less than the Section 8 very low-income limit established by HUD. Unrelated individuals shall be considered as one-person families for this purpose. The Income Limits show below is updated annually by HUD. The following table cites the current income limits: Income Limits – Effective June 28, 2019 1-Person 2-Person 3-Person 4-Person 5-Person 6-Person 7-Person 8-Person 50% AMI (Very Low 30,750 35,150 39,550 43,900 47,450 50,950 54,450 57,950 80% AMI (Low Income) 51,250 58,550 65,850 73,150 79,050 84,900 90,750 96,600 Source: HUD 8.A.d Packet Pg. 256 Attachment: CDBG Fact Sheet (2583 : Annual Action Plan Amendment) CDBG Program Fact Sheet 6 of 10 Successful applicants whose projects must document individual or household income to determine eligibility, e.g. any project or service not solely benefiting a presumed benefit population, will be required to use either the HUD Income Calculator found at https://www.hudexchange.info/incomecalculator/ or another HUD approved system for documenting income for eligibility purposes. These applicants will also be required to retain copies of all documents, such as tax returns, used to populate the income calculator. 8.A.d Packet Pg. 257 Attachment: CDBG Fact Sheet (2583 : Annual Action Plan Amendment) CDBG Program Fact Sheet 7 of 10 Pre- and Post-Award Requirements for Agencies Applying for CDBG Funding Agencies awarded CDBG funding must follow these program requirements: • Post-Award Workshop: Agencies are required to attend a post-award workshop to assist them with becoming knowledgeable with compliance, program regulations and requirements. Agencies will also be instructed on how to submit activity reports and draw requests to the County. • Documents Needed: Agencies are required to execute a contract with the City of Gilroy and provide the required insurance certificates and endorsements at the time of contract signing. Additionally, agencies must provide a copy of its Personnel Policies, Affirmative Action Plan, Drug-Free Workplace, Policy, City of Gilroy Vender Data Registration Form and either California Franchise Tax Board Form 587 (Non-resident Withholding Allocation Worksheet) or California Franchise Tax Board Form 590 (Withholding Exemption Certificate) as part of the application package. • Reporting and Records: The City of Gilroy and HUD shall have access to program records. Agencies are required to obtain and provide individual client data including, but not limited to, ethnicity, income, disability, race, female head of household, clients 62 years and older and accomplishment data. If Limited Clientele-Client Based option is selected, individual client income verification documents need to be obtained. If Limited Clientele - Presumed Benefit option is selected, individual income data is not required but other client data is. If Area Benefit option is used, then individual income data is not required but area income information and other client data will be required. Quarterly and year end performance reports are required. Grant files and individual client files must be maintained for a minimum of five (5) years after the program has ended. • Draw Requests: Invoicing for CDBG funds is required on a quarterly basis. Draw request forms are required for Integrated Disbursement and Information System (IDIS) drawdown. CDBG funds are provided on a reimbursement basis and supporting documentation must be approved by City staff prior to payment. • Monitoring and Technical Assistance: The program will be monitored by the City for compliance with City and HUD requirements and regulations. HUD staff may also monitor the program for compliance. Program requirements including eligibility, performance, accomplishments, and expenditures will be included in monitoring reviews. The City will provide technical assistance as needed or requested to assist with project progress and success. If an agency is not following the program requirements and regulations, funding may be terminated and funding reimbursement required. • Provide Recognition of Funding: The agency is required to provide recognition for the role of the City and HUD provided through this grant. All activities and items utilized pursuant to this grant shall be prominently labeled as to funding source. In addition, the applicant will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. Sample wording: This publication was made available through funding from the City of Gilroy’s CDBG Program funded by HUD. If the recipient erects a sign, it should recognize the City of Gilroy CDBG funding in a size proportional to the CDBG share of overall 8.A.d Packet Pg. 258 Attachment: CDBG Fact Sheet (2583 : Annual Action Plan Amendment) CDBG Program Fact Sheet 8 of 10 funding for the project. • Budget: Agencies are required to follow application budget line item amounts in draw requests and ensure line items are feasible. • Expenses (Costs): Applicants shall administer their programs in conformance with Title 2 CFR 200 – Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards. Costs must be necessary and reasonable for proper and efficient performance and administration of the grant. Costs must be adequately documented. Eligible Expenses Include but are not limited to: CDBG funds may be used to pay for labor, supplies, and materials as well as to operate and/or maintain the portion of a facility in which the public service is located. Costs incurred directly in support of the public service, including telephone services, postage, messenger, electronic or computer transmittal services and the like are allowable as long as they are directly related to delivery of the funded public service. Salary and fringe benefits (fringe is limited to 20% of total salary costs) in the form of regular compensation paid to employees during periods of authorized absences from the job, such as vacation leave, sick leave, military leave, and the like, are allowable, provided such costs are absorbed by all agency activities in proportion to the relative amount of time or effort actually devoted to each. Time sheets are required to document expenses for staff and allowable time should be adjusted by the staff percentages of time allocated on the project as listed in the application. Overtime or bonuses are not allowable expenses. Ineligible Expenses Include but are not limited to: CDBG funds may not be used to pay for: • Miscellaneous Items: Food/meals for staff, fund raising, entertainment, alcoholic beverages, deposits on equipment, incentives to clients (gift cards, raffle prizes, holiday gifts, prizes for social activities), and late fees or penalties. • Promotion of Agency: Costs of advertising and public relations designed solely to promote the non-profit agency, including costs of promotional items and memorabilia, including models, gifts, and souvenirs. • Contributions or Donations: Contributions or donations, including cash, property, and services, made by the agency, regardless of the recipient. • Entertainment Costs: Costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities). • Fundraising: Costs of organized fund raising, including financial campaigns, endowment drives, solicitation of gifts and bequests, and similar expenses incurred solely to raise capital or obtain contributions. • Goods or Services for Personal Use: Costs of goods or services for personal use of the organization's employees. 8.A.d Packet Pg. 259 Attachment: CDBG Fact Sheet (2583 : Annual Action Plan Amendment) CDBG Program Fact Sheet 9 of 10 Instructions 1. Applications are submitted by non-profit agencies as part of the Request for Proposals process. 2. One Proposal requests projects and services for low and very low-income seniors, youths, families and individuals, consistent with the current five-year Consolidated Plan. 3. The second Proposal requests housing rehabilitation services for low income disabled homeowner in Gilroy. 4. City staff, in collaboration with the Public Works Department, identifies capital improvement projects within the low-income Neighborhood Revitalization Strategy Area (NRSA). 5. Applications received are rated and ranked by the Community and Neighborhood Revitalization Committee. 6. Recommended allocation based on the project’s ranking and funding availability is presented for Council consideration and approval. 7. Upon approval of CDBG fund amounts, staff prepares the Draft Annual Action Plan for forwarding to the County Office of Supportive Housing. 8. The County submits to HUD for final review and approval. 9. CDBG program funds are available and effective as of July 1 thru June 30 upon HUD’s final approval. 10. Questions or requests for further information should be directed to: Sandra Nava, Housing & Community Development Technician sandra.nava@cityofgilroy.org City of Gilroy, Housing & Community Development Department 7351 Rosanna Street, Gilroy, CA 95020 Phone: (408) 846-0290 Paul Ashby, Principal Adams Ashby Group pashby@adamsashbygroup.com Phone: (916) 449-3944 8.A.d Packet Pg. 260 Attachment: CDBG Fact Sheet (2583 : Annual Action Plan Amendment) CDBG Program Fact Sheet 10 of 10 ATTACHMENT A –FUNDING PARAMETERS 1. All CDBG funds shall be allocated and expended in accordance with applicable federal laws and regulations. 2. To be eligible for a funding allocation, organizations must be incorporated within the State of California and federally designated as a non-profit entity [tax-exempt under Section 501(c)(3) or 101(b) of the Internal Revenue Service Code] or be a local government/special district. 3. To be eligible for a funding allocation, organizations must have a track record of providing services within the County for a minimum of 24 months. Governance of the agency should be vested in a responsible and active Board of Directors that meets at least quarterly. 4. Factors to be considered when determining allocations shall include: • Extent to which the activity will meet a demonstrated community need; • Extent to which activity addresses community goals established by the City of Gilroy City Council. • Extent assets are leveraged to support the activity (consider diversification of funding, collaboration with other providers, leveraging of in-kind services); • The capacity of the organization to carry out the activity including the ability to quantify and measure results; • The relation between the agency’s total budget and the request; and • The extent to which past performance on CDBG grants has met expectations. 5. Agencies allocated CDBG public services funding shall submit reimbursement requests and required report forms in a timely manner. Agencies that miss reporting deadlines more than twice in one fiscal year may be disqualified from submitting a funding proposal for the following fiscal year. 8.A.d Packet Pg. 261 Attachment: CDBG Fact Sheet (2583 : Annual Action Plan Amendment) 1 Robert Carrera Robert.Carrera@ci.gilroy.ca.us City of Gilroy January 28, 2020 Re: Notice of 30-Day Public Comment Period January 24, 2020 and February 24, 2020: Annual Action Plan Substantial Amendment #1 for FY2019-2020 Sidewalk Gap Closure and Curb Ramp Improvement Robert, We support this project as it will have a direct impact in the City of Gilroy by achieving our goal to reduce air emissions from on-road motor vehicles, improve air quality by encouraging our residents/commuters/visitors to mode shift from vehicles to walking, and increases walking as an alternative to driving for short and first/last mile trips. By providing sidewalk gap closure and curb ramp Improvements you are encouraging vehicle passersby to consider walking. This continues our efforts to reduce vehicle miles traveled, encourages residents to use sustainable modes of transit, and enhances the Safe Routes to School programs. We remain committed to reducing our negative environmental impact through innovative transportation solutions. Advancing mobility options reflects what we are teaching the youth in our community through Safe Routes to School and why we are nationally recognized as a Bicycle Friendly Community from the League of American Bicyclists, as well as recognized by the World Health Organization as an Age-Friendly Community. Thank you. Zachary Hilton Chair, Gilroy Bicycle Pedestrian Commission Zachary.Hilton@cityofgilroy.org #GilroyBPAC 8.A.e Packet Pg. 262 Attachment: Comment Letter Received from Bicycle Pedestrian Commission, Dated January 28, 2020 (2583 : Annual Action Plan Amendment) RESOLUTION NO. 2020-XX RESOLUTION NO. 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR FISCAL YEAR 2019-2020 IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND AND APROPRIATING PROPOSED EXPENDITURE AMENDMENTS WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2019-2020 and 2020-2021, and the City Council carefully examined, considered and adopted the same on June 3, 2019; and WHEREAS, City Staff has prepared and submitted to the City Council a proposed amendment to said budget for Fiscal Year 2019-2020 for the City of Gilroy in the staff report dated February 24th, 2020 for the 1st Substantial Amendment to the 2019-2020 Community Development Block Grant Annual Action Plan appropriating funding for the Fiscal Year 2020 Annual Sidewalk Gap Closure and Curb Ramp Program; and WHEREAS, the City Council has carefully examined and considered the same and is satisfied with said budget amendments. NOW, THEREFORE, BE IT RESOLVED THAT appropriations for Fiscal Year 2019-20 are hereby increased in the Community Development Block Grant Fund, Fund 254, by $644,229. PASSED AND ADOPTED this 24th of February, 2020 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ___________________________ 8.A.f Packet Pg. 263 Attachment: Budget Amendment Resolution - Substantial Amendment #1 for CDBG AAP (2583 : Annual Action Plan Amendment) RESOLUTION NO. 2020-XX ATTEST: Roland Velasco, Mayor _________________________ Shawna Freels, City Clerk 8.A.f Packet Pg. 264 Attachment: Budget Amendment Resolution - Substantial Amendment #1 for CDBG AAP (2583 : Annual Action Plan Amendment)