Buena Park City Council
February 27, 2024

PASSED AND ADOPTED this _____ day of _______________ _____ by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

_______________________________________
Mayor
ATTEST:

_______________________________
City Clerk

I, Adria M. Jimenez, MMC, City Clerk of the City of Buena Park, California, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this _____ day of ________________ _____.

______________________________________
City Clerk

CITYWIDE RECORDS AND INFORMATION

MANAGEMENT PROGRAM POLICY

EXHIBIT A
Adopted by City Council on
(Date)
Resolution No. (Number)

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1. PURPOSE

This Records and Information Management (RIM) Program Policy (“Policy”) establishes comprehensive and uniform methods for the cost effective and efficient management of the City’s public records (including creation, utilization, maintenance, security, retention, storage, preservation, and destruction), in accordance with legal requirements and professional standards.

2. SCOPE

This Policy is established by the City in accordance with all relevant federal, state, and local laws, and contractual requirements. This Policy is established in accordance with the State Record Retention laws (Government Code §34090, et seq.) as well as the California Public Records Act (Government Code §7920 et seq.). Additionally, where relevant to the needs of the City’s management of records, the City has incorporated provisions from professional standards and guidelines. All physical hardcopy or electronic documents, sound, or video works created by employees while executing the City’s business are records under this policy regardless of whether they are managed in a formal process by the employee’s department or kept by an employee or their work unit for reference or any other purpose.

3. AUTHORITIES

The legal authorities and professional guidelines applicable to the management of City records include, but are not limited to, the following:

3.1. Federal and State Law Numerous Federal and State laws related to minimum record retention requirements and statutes of limitations apply to different types of records. Each record series listed in the Records Retention Schedules will have applicable laws cited.

3.2. Government Code §34090 et seq. The principal provisions of California law applicable to City Record Retention requirements are addressed in Government Code §34090, et seq., which generally require original public records to be retained for a minimum of two years and sets forth other requirements for the retention and destruction of specific public records. This Policy establishes the procedures consistent with the provisions within the state law for the destruction of original public records which have been retained for at least the minimum retention period and are no longer required by the City for business or historical purposes. The Policy also addresses the destruction of records which has been replaced by “Trusted Copies” (GC §34090.5) and the destruction of “Duplicate Copies” (GC §34090.7).

Per subsections of the code, the state law provisions do not authorize the destruction of:

a. Records affecting title to real property or liens thereon. b. Court records
c. Records required to be kept by statute.
d. Records less than two years old.
e. The minutes, ordinances, or resolutions of the legislative body or of a city board, agency or commission.

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3.3. CA Government Code §6200 et seq. Except as otherwise provided by Government Code §34090 et seq., Government Code §6200 et seq. provides that any City employee who is found guilty of willfully destroying (including altering, falsifying, mutilating, defacing, or stealing, in whole or in part) a public record may be punished by imprisonment of up to four years.

3.4. CA Government Code §7920 et seq. The California Public Records Act (Government Code §7920 et seq.) provides definitions for “writings” and “public records” for the purpose of determining which public documents are required to be disclosed to the public upon request, and which public documents are confidential or otherwise exempt from disclosure.

3.5. Professional Standards and Suggested Retention Guidelines Selected professional associations and other governmental agencies, such as the California Secretary of State, the Department of Justice, and the City Clerk’s Association of California, have published standards, model retention guidelines, and/or articles recommending retention periods for different types of records. Although these standards and guidelines are not binding upon the City, the City may take these documents into consideration in establishing the City’s Records Retention Schedule and, where applicable, the City will identify deviations from these suggested guidelines within the Records Retention Schedule.

3.6. CA Code of Regulations §22620 et seq. The State of California provides requirements and guidelines for Trustworthy Electronic Document or Record Preservation. This includes requirements for electronic document format, such as PDF/A, system backups, file compression, security, and policies and procedures for retaining official documents or records created or acquired using a trusted system.

3.7. CA Government Code §12168.7 In addition to the State’s Trustworthy Electronic Document or Record Preservation requirements, the State sets standards for “trusted systems” to acquire electronic documents when the City collaborates with State agencies.

These standards define what a trusted system is and how records must be preserved using trusted systems, including cloud computing services for records storage.

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4. RESPONSIBILITIES
Active management of the City’s records is required to ensure that the records are properly maintained. This section identifies elected officials and staff members responsible for managing the City’s records.

4.1 City Council
The City Council reviews and approves the Citywide Records and Information Management Program, the Records Retention Schedule, and any substantive amendments to the Policy or Records Retention Schedule.

4.2 City Clerk
The City Clerk (or designee) shall be responsible for the following:

a. Implementing and coordinating the City’s Records and Information Management (RIM) program.
b. Providing review and approval of any proposed amendments to this Policy or the Records Retention Schedule annually by Resolution of the City Council. c. Disseminating information and providing RIM program training to departments. d. Establishing and maintaining a program to assist departments in the destruction of records once their respective retention periods have expired. e. Assisting all departments in complying with this Policy. f. Notifying the affected Office of Record (OOR) and the City Clerk when the City must suspend the destruction of records due to pending or potential litigation, discovery requests, or for any other reason.
g. Providing written notification to the City Manager and Department Director of violations of the Records Retention Schedule and this Policy.
h. Performing periodic training and audits to assist departments in complying with the Records Retention Schedule and this Policy.
i. Providing written notification to the Department Director of audit discrepancies within departments.
j. Providing review of changes in records management practices relating to this Policy and the Records Retention Schedule.
k. Receiving City Attorney approved requests for records destruction for final review and processing.
l. Maintaining the Official Record of all documents related to the City’s RIM program, and any amendments or updates thereto, including the following:
 Policy
 Records Retention Schedules
 Lists of Records Coordinators and alternates
 Master Index of Record Series, as submitted by each department  Requests for Destruction of Records
 Authorizations to Destroy Records
 Certifications of Destroyed Records

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4.3 City Attorney
The City Attorney (or designee) shall be responsible for the following:

a. Providing legal review and approval of any proposed substantive amendments to this Policy or the Records Retention Schedule.
b. Providing legal review of changes in the law relating to this Policy and the Records Retention Schedule.
c. Reviewing all requests for records destruction and exercising discretion to approve or deny requests for destruction in accordance with this Policy. d. Forwarding all approved requests for destruction to the City Clerk.

4.4 Department Directors
Department Directors are responsible for the following:

a. Administering the City’s RIM program in their respective departments and overseeing that Policy parameters are implemented in a timely manner. b. Appointing a Department Records Coordinator and an alternate to work with the City Clerk’s Office to implement this Policy. Departments with several divisions may appoint multiple Department Records Coordinators and alternates. c. Establishing and maintaining an inventory of departmental records and providing an updated electronic copy to the City Clerk, when requested. The inventory shall identify the following aspects of each record:
 Associated records series
 Activity status (e.g., active, inactive)
 Media format of the Official Record
 Importance (e.g., vital, historical, confidential), where applicable d. Coordinating with the City Clerk’s Office in the development of a departmental Records Retention Schedule.
e. Periodically reviewing its departmental Records Retention Schedule to ensure that the schedule is complete, current, and accurate.
f. Providing the City Clerk’s Office with written proposed amendments to the Records Retention Schedule, when needed and/or requested.
g. Reviewing proposed amendments to the Records Retention Schedule, as prepared by the City Clerk’s Office.
h. Ensuring the security of records that have been identified as confidential. i. Notifying the City Clerk’s Office of any information received regarding legal issues related to the retention of records within their department. j. Reviewing and approving requests for the destruction of departmental records as authorized by this Policy and the Records Retention Schedule and forwarding such requests to the City Attorney and City Clerk.
k. Approving the destruction of Duplicate Copies, Transitory Records, and Non-Records in accordance with this Policy.
l. Providing written notification to the City Clerk if any discrepancies or violations of this Policy or the Records Retention Schedule within their department.

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4.5 Department Records Coordinators
The Department Records Coordinator(s) for each department, under the direction of the Department Director, are responsible for:

a. Creating an index of department records series, and working with the City Clerk, or designee, to develop a Records Retention Schedule.
b. Informing and updating employees in the department about this Policy and the department’s Records Retention Schedule.
c. Ensuring that active records within the department are maintained according to methods described in this Policy and the department’s Records Retention Schedule. d. Maintaining the security of records that have been identified as confidential. e. Maintaining a master inventory of all department records kept internally and at off-site storage facilities.
f. Monitoring all records that are sent off-site for storage to ensure the records are properly packaged and labeled, accurately and completely inventoried, and assigned proposed disposition dates.
g. Coordinating all requests to retrieve documents from off-site storage and ensuring that documents are returned to off-site storage in a timely manner. h. Annually reviewing records and preparing a list of records eligible for destruction when the retention period has expired, as described in this Policy and the Records Retention Schedule.
i. Securing the Department Director’s approval for destruction of records when the retention periods has expired.
j. Ensure the destruction of Duplicate Copies, Transitory Records, and Non-Records in accordance with this Policy.
k. Providing written notification to their Department Director and City Clerk of any discrepancies or violations of this Policy or the Records Retention Schedule within their department.

4.6 All City Staff
Any City staff member who routinely works with the City’s records, as required by their assignment, is responsible for:

a. Reviewing this Policy and their department’s Records Retention Schedule. b. Maintaining the security of records that have been identified as confidential. c. Surrendering all City records to their supervisors, their Department Director, the City Clerk, City Manager, or City Attorney, when requested.
d. Providing written notification to their Records Coordinator(s) and Department Director of any non-compliance with this Policy or the Records Retention Schedule.

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5. TYPES OF RECORDS
According to California state law a record “includes any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics” (Govt. Code section 6252 (e)).

What is a non-record?
It is often difficult to draw a clear distinction between record and non-record material. A helpful hint to follow in making the distinction is that non-record documents can be discarded as soon as they are read. Some examples are listed below:

 Letters of Transmittal and acknowledgements of receipt which do not add any information to the material transmitted.

 Requests for printing services, after the request has been filled to the customer’s satisfaction.

 Informal notes, worksheets, and rough drafts of letters, memoranda, or reports that do not represent the basic steps involved in the preparation of communications.

 Notes, including stenographic notebooks and stenotype tapes, and dictating media which have been transcribed.

 Miscellaneous notices of community affairs, employee meetings, holidays.

 Stocks of publications or blank forms that are kept for supply purposes only.

 Follow-up or copies of suspense tracers pertaining to correspondence with pending action.

 Library and reference material.

5.1 Access Controls
All documents, writings, or other forms of information prepared, owned, used, produced, acquired, or retained by employees in the course of their responsibilities, regardless of physical form or characteristics, are the exclusive property of the City. Employees shall have no expectation of privacy relating to City records.

When it is necessary for employees to work on electronic documents away from the City, those documents must be accessed via the City’s virtual private network (VPN), and no copies shall be stored on private computer equipment or other electronic media. All documents must be returned to the City, and all copies deleted from the outside location, within 36 hours of final use or reference. Employees shall not have any City physical records in such places as private homes or offices.

Records managed by outgoing officials, employees, contractors, or volunteers shall be delivered to their successors prior to separation from the City.

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5.2 Vital Records
Vital Records are those records needed to continue business operations in the event of a disaster and will be identified as such on the Records Retention Schedules. Each department will be responsible for defining a Business Continuity Plan that includes the protection and maintenance of vital records. Examples of protection include, but are not limited to:

 Storing hard copies in a fire-resistant filing cabinet or area, or in a locked vault, either on site or off site.

 Storing duplicate hard copies at a secure offsite facility for the duration of the retention life of the vital record.

 Providing regular back-ups for electronic vital records.

 Maintaining:
o A list of physical locations of vital records storage facilities and systems. o Access codes, passwords and/or keys for facilities and systems. o Equipment used to store vital records or needed to access electronically stored vital records.
o An inventory of vital records within the facility.
o Procedures for accessing vital records.

5.3 Historical Records
Historical Records are records that are valuable to future researchers to document the accomplishments, changes, and growth of the City. Record Series that may contain historical records will be identified within the Records Retention Schedules. Historical Records may be maintained within each department based on individual departmental procedures or forwarded to the City Clerk’s Office for archival storage.

5.4 Confidential Records
There are many sources of legal authority to exempt a record from disclosure including, but not limited to, the California Public Records Act, Government Code §7920 through §7930. It would be impractical to list all definitions of “confidential” records in this Policy.

If there is any question as to whether a particular record should be designated as “confidential,” the Department Director will consult the City Clerk.

Confidential records must be maintained with sufficient security, and in accordance with applicable laws, to protect their contents from unauthorized access. Departmental procedures to ensure the security of confidential records will be the responsibility of the Department Director.

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5.5 E-mail Communications
E-mail messages and any electronic attachments should be reviewed regularly to determine relevance to current City business. When relevant, the e-mail must be converted to an electronic record, or printed in hard copy, and retained with the associated topic or record series (e.g., project file, purchase order, professional services agreement) for the required retention period as designated in the Records Retention Schedules.

Routine e-mail messages are comparable to telephonic communications and are considered either Transitory Records or Non-records. Such e-mail is not intended to be retained in the ordinary course of City business, and the informational content of such communications is neither necessary nor intended to be preserved for future City use or reference.

E-mail systems are not intended to be, and will not be, used for the electronic storage or maintenance of official records, or as document management systems. E-mail communications are retained as follows:

 E-mail will automatically be removed and deleted permanently from the user’s Inbox after 60 days, per City Council Policy No. 27.

5.6 Databases
For Records Retention purposes, the City considers all databases, whether residing on City systems or hosted by an outside source (Software as a Service or SAS), to be Transitory Records. The blanket retention period for databases is “Until Superseded” to reflect that only the current version has informational value to the City.

The Office of Record that uses, maintains and modifies a database must assure the information contained within the database is correct and accurate, and has the obligation to produce information from the database, as needed, to perform City business. Due to the transitory nature of databases, periodic reports produced from a database, and used for administrative, fiscal, legal or historical purposes, may become Official Records.

Reports designated as Official Records must be maintained in accordance with the Records Retention Schedules.

For example, the City’s Annual Budget Report captures the financial position at the end of a fiscal year, and is used to inform the City Council, staff and citizens of the City’s financial state. Thus, the report must be retained for the retention period designated in the Records Retention Schedule to reflect operational needs.

5.7 Trusted Copy (Migration of an Original Record)
To ensure the accuracy of a Trusted Copy, employees of the Office of Record must follow the department’s approved process before replacing an original record. The process must be approved by the City Clerk.

Before designating a record as a Trusted Copy, legibility must be validated, and indexes or metadata confirmed as accurately reflecting the content of the original record.

Once the Trusted Copy has been validated and designated as the Official Record, the original record shall be immediately destroyed in the approved manner stated in this policy, unless maintenance and retention of the physical records is required by statute, such as governing body Minutes, Resolutions and Ordinances.

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6. STORAGE AND PRESERVATION OF RECORDS

6.1. Active Records
Storage and preservation methods for active records must be approved by the City Clerk or designee and meet all the following minimum specifications:

a. Records must be stored and maintained using complete inventories and accurate indexes which allow them to be identified, retrieved and disposed of in an expeditious manner.

b. Records must be maintained so they are readily accessible to conduct current City business.

c. Storage systems for records will accommodate hard-copy or electronic records and must also conform to the requirements of a Trusted System. Migration of original records to electronic form requires a process that complies with Section

5.7 of this policy.

d. Filing systems should follow these guidelines:

d.1 Physical file folder labels should have a consistent style, not a mixture of different styles. This makes reading labels on physical files easier and increases access rates. File labeling should be consistent for the entire group of records.

d.2 A single filing system for primary and secondary indexing levels should be chosen and remain consistent. For example, after establishing primary file sections, select an alphabetical, alpha-numeric, or subject classification to control the sub-group files.

d.3 Record series should be kept together so that permanent records are separate from records with shorter retention requirements. When preparing files for a new calendar or fiscal year, set up files by retention period and add files to the department inventory list including destruction dates.

d.4 Confidential files should be labeled with obvious notations to alert staff members on the special handling requirements.

d.5 Inactive records should be transferred to the City’s Record Division or storage provider to ensure the maximum capacity is available for housing active records. The transfer must be reviewed and approved by the City Clerk.

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6.2 Inactive Records
Inactive records may be stored in a secured City facility as approved by the City Clerk or designee.

An off-site storage facility must:

1. Meet applicable state and local codes.

2. Provide protection from fire and intrusion.

3. Provide reasonable access to records in a timely manner.

Each department shall maintain an inventory of its inactive records in storage and forward an electronic copy of said inventory to the City Clerk’s Office. Prior to sending records to storage, Duplicate Copies, Transitory Records, and Non-Records must be removed and destroyed in accordance with this Policy.

6.3 Cloud or Hosted Electronic Records
Cloud stored or hosted electronic records must follow the City’s Records Retention Schedules.

The cloud or hosting company must:

1. Meet applicable state and local codes.

2. Provide protection from fire and intrusion.

3. Provide reasonable access to records in a timely manner.

6.4 Offsite Storage
The City will make every effort to avoid storing records in offsite storage facilities.

Whenever possible, records will be held in the department responsible for the document.

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7. DESTRUCTION OF RECORDS

7.1 Destruction of Physical or Electronic Records
The City Clerk’s Office oversees and administers the Program, Records Retention Schedules, and the destruction of records. This applies to all records, regardless of format.

Departments must identify all records eligible for destruction pursuant to the Records Retention Schedule and submit a Records Destruction Request Form (available on the City Network) to the City Clerk’s Office. The form shall list all documents to be shredded, deleted, or otherwise destroyed and the corresponding retention periods pursuant to the Records Retention Schedule. The Department Director or designee must approve and sign the Records Destruction Request Form and submit it to the City Clerk’s Office. The form must be completed in its entirety.

The City Attorney is responsible for reviewing and approving or denying all requests and forwarding the recommendation to the City Clerk’s Office.

The City Clerk’s Office is responsible for reviewing and approving or denying all requests and advising the Department of the recommendation. The City Clerk’s Office is responsible for confirming records are destroyed and obtaining a Certificate of Destruction from the requesting Department.

7.2 Destruction of Duplicate Copies
No Duplicate Copy will be maintained longer than the retention period of the original record and may be destroyed at any time within the retention period.

Department Directors will ensure that employees follow the established procedures for destruction of this Policy. Prior to the destruction of a Duplicate Copy, the employee shall ensure that:

a. The writing is, in fact, a Duplicate Copy and not an original record. b. The writing is no longer required for the operational needs of the department.

7.3 Destruction of Transitory Records
A Transitory Record may be destroyed at any time. Prior to the destruction of a Transitory Record, the employee shall ensure that:

a. The writing is, in fact, a Transitory Record and not an original record. b. The writing is no longer required for the operational needs of the department.

7.4 Destruction of Non-Records
A non-record may be destroyed at any time. Prior to the destruction of a non-record, the employee shall ensure that:

a. The writing is, in fact, a non-record.
b. The writing is no longer required for the operational or reference needs of the department.

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7.5 Destruction of Original Records After Migration to a Trusted Copy Once an original record has been migrated to a Trusted Copy, in accordance with this Policy, the original record shall be immediately destroyed in accordance with this Policy, unless maintenance and retention of the physical record is required by statute, such as governing body Minutes, Resolutions and Ordinances. Request for the destruction of an original record after migration to a trusted copy shall follow the procedures outlined in Section 7.1 Destruction of Physical or Electronic Records.

7.6 Destruction of Information on Obsolete Electronic Equipment Certain electronic equipment, including Trusted Systems, used by the City may contain methods of electronic storage of City information. This information may be captured and stored as the equipment is used in the normal course of business.

Prior to decommissioning City equipment, the responsible department shall ensure that all information relating to City business will be deleted or otherwise made illegible from any data storage systems on or within the equipment. Under no circumstances shall any electronic equipment be released from City property for recycling, destruction or other disposition until the City information has been deleted. Written confirmation of the destruction of the information should be provided to the City Clerk.

7.7 Destruction of Non-paper Media Records
Official Records stored on non-paper media must be destroyed in a manner consistent with this Policy. Documentation for the destruction of these records shall be prepared and retained in accordance with Section 7 of this Policy.

After all Official Records stored on non-paper media (e.g., magnetic tape, disks, diskettes, or other magnetic medium) have been destroyed, the medium itself may be reused, recycled or destroyed.

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8. PROCEDURES
The Procedures for the management, storage and preservation, and destruction of records are as follows:

8.1 Access to Electronic Records Systems
A Department Director (or designee) shall approve access to electronic records systems for any employees, contract employees, consultants, or volunteers, as needed to fulfill the requirements of their employment.

Any electronic records system is subject to audit by the City Clerk’s Office on a periodic basis. An audit may include operations performed on the database, the date and time an operation occurred and by whom, the database record number, the database index and/or metadata associated with the record, or any other pertinent data where practical.

8.2 Process for Scanning and Imaging of City Records and Documents Laserfiche is the City’s document management system for archiving electronic Trusted Copies and for electronic copies of documents for which there is no legal authorization for destruction (e.g., records affecting title to real property or liens thereon; minutes, ordinances, or resolutions of the legislative body or of a city board, agency, or commission). These documents must be stored within Laserfiche, indexed as required by this Policy, and searchable utilizing Optical Character Recognition (OCR).

Procedures for scanning a hard-copy document for storage in Laserfiche as an Official Record shall be established and reviewed periodically by the City Clerk’s Office. Priority shall be given to those records that must be retained on a permanent basis, and to those records which need to be frequently retrieved.

Examples of records eligible for scanning include, but are not limited to, the following:
 Ordinances & Resolutions
 Minutes
 Plans and Permits
 Contracts and Agreements
 Approved Construction Plans
 Purchase Orders, Timecards, and other financial records.

Departments shall review and purge unnecessary documents from their records prior to scanning. Purging involves evaluating documents within a record, and discarding documents determined to be Transitory Records, Duplicate Copies or Non-Records.

After images are created, the department shall verify the images are legible and complete.

Images should be verified, indexed, and the OCR process completed as soon as possible after scanning occurs.

Non-scanned images must be imported into Laserfiche, indexed and the OCR process completed, thereby meeting all the same requirements as described above for scanned images.

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When creating an electronic Trusted Copy, the department must determine that the original record has been successfully transferred into electronic format as defined above.

The original record will then be destroyed in accordance with this Policy.

All procedures will be evaluated by the City Clerk and updated, as needed.

8.3 Destruction of Official Records
Official Records, for which the retention period identified on the Records Retention Schedule has elapsed, will be destroyed in accordance with this Policy. Unless placed on legal hold by the City Clerk or City Attorney, records designated for destruction must be destroyed within the calendar year after the record expires.

A record that expires during the current calendar year must be destroyed by December 31st of the following calendar year. For example:

If expiration occurs on: Then destroy no earlier than: or no later than:

January 1, 2020 January 1, 2021 December 31, 2021
December 31, 2020 January 1, 2021 December 31, 2021

Periodic reviews of records shall be performed by the Department Record Coordinator(s).

Additionally, to ensure compliance with this Policy and the Records Retention Schedule, the City Clerk may annually designate a date for departments to review their records and prepare requests for destruction.

Records for which the retention period has elapsed must be identified and included on a Records Destruction Request Form, which is signed by the Department Director, then forwarded to the City Attorney for review and approval. Upon the City Attorney’s review and approval, the City Clerk will review the form for approval, completeness, and processing.

Hard-copy records approved for destruction must be destroyed by the Department Records Coordinator(s) (or designee) using one of the following methods:

 Shredding & Recycling Bin: Expired records that are not confidential.  Shredding: All other records approved for destruction.

NOTE: Confidential records must be shredded by the Department Record Coordinator(s) (or designee). Commercial Services may be used for the destruction of paper documents, if destruction is completed on-site at City facilities. A Certificate of Destruction from the commercial services must be submitted to the City Clerk’s Office and will be maintained with the approved Records Destruction Request Form.

Destruction of Official Records in electronic format must follow the same approval process as outlined above for the destruction of hard-copy records. Upon approval, electronic records must be destroyed by the Department Records Coordinator(s) (or designee) using methods that permanently delete the records.

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The destruction process must include all Duplicate Copies of the Official Record, regardless of which department maintains the duplicates.

Following the destruction of records, the City Clerk (or designee) shall certify that the records have been destroyed. All Certificates of Destruction shall be maintained in the City Clerk’s Office.

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9. DEFINITIONS

Active Records: Records referenced and readily accessible in the general conduct of current City business.

Citation(s): “Citations” listed in the Records Retention Schedule are the legal bases for a minimum retention period, as required by federal, state, regional and/or local governmental agencies.

Confidential Record: There are many sources of legal authority that define a “Confidential Record” including, but not limited to, the California Public Records Act, Government Code §7920 through §7930.215. Therefore, it would be impractical to list all definitions of a “Confidential Record” within this Policy. If there is any question as to whether a record is a Confidential Record, staff should consult with the City Clerk and/or City Attorney prior to disclosure.

In general, a “Confidential Record” is any record not disclosed to the public unless directed by court order. Examples of a “Confidential Record” may include, but are not limited to, the following:

a. Personnel Records:

Examples include any personnel, medical or similar files, the disclosure of which would cause an unwarranted invasion of personal privacy.

b. Pending Litigation or Claims:

In general, Government Code §6254 provides that when litigation or a claim is filed against the City, the records pertaining to the litigation or claim are exempt from public disclosure until the litigation or claim has been adjudicated or settled.

c. Attorney/Client Privilege and Attorney Work Product:

It should be presumed that all communications from the City Attorney’s Office on behalf of the City are subject to attorney/client privilege, and the communications should be protected accordingly.

d. Police Records and Investigative Reports:

Examples include, but are not limited to, a wide variety of records such as:
 Police investigations, intelligence, analysis, and conclusions  Information that may endanger the safety of any person  Juvenile records
 Active case files

e. Feasibility Studies for Property Acquisition or Public Contracts:

Unless required to be disclosed by eminent domain law, feasibility studies relative to the acquisition of property, or to prospective public supply and construction contracts, are not disclosed until all the property has been acquired or until the contract or agreement has been executed.

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f. Proprietary Information Obtained by the City:

Proprietary information will not be disclosed if any of the following apply:

a. The outside party providing the information submits the information with the expressed intention to maintain the confidence.

b. The information has not previously been disclosed to others.

c. The outside party has a reasonable expectation that the information will be maintained in confidence based upon how the City obtained the information.

Examples include, but are not limited to, financial information or computer source code submitted as a condition of a license, permit or certificate.

g. State Board of Equalization Data:

The City may collect and store confidential information about taxpayers and send this information to the California State Board of Equalization (Board). The City and the Board have a responsibility under the law to protect this information from unauthorized access, use, and disclosure.

Taxpayers may authorize the transmission of confidential information via e-mail by providing written authorization to the City or to the Board. If authorization is provided, the confidential information will only be sent to individuals who have a legitimate business need to view the information (the taxpayer and/or their representative).

In addition, the City also receives information from the Board that is confidential information regarding the sales tax generated by specific businesses that, under State law, is confidential.

Public Interest Balancing Test
If a writing does not fit a specific category of exemption, the writing may still be exempt if it meets the Public Interest Balancing Test. According to GC §6255(a), “The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of [the Public Records Act] or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.” Since there is a significant body of case law analyzing this balancing test, City staff must consult with the City Attorney’s office when determining whether a record may be disclosed upon request.

Databases: “Databases” consist of electronic files and fields of data, which manage and store information useful to the department or division. “Databases” are modified over time through the addition, deletion, or modification of data. “Databases” may be maintained by the City or hosted by outside sources. The specific policy regarding databases can be found in Section 6.1.7.

Duplicate Copy: A record that is a copy of an Official Record if the copy is not within the definition of a “Trusted Copy”. In addition to hard copies of Official Records, “Duplicate Copies” also include, but are not limited to, database backups or other copies of electronic records.

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Electronic Mail (E-mail): Messages and communications transmitted over internal and external networks are considered “Electronic Mail”. The City considers “Electronic Mail” a transitory record, and the City’s policy on “Electronic Mail” is addressed in Section 5.5.5.

Electronic Records: Records that contain information readable by machine or computer, and which may include information such as text, numbers, graphs, line drawings, pictures, images, video, or sound are considered “Electronic Records”. Examples of “Electronic Records” include, but are not limited to, the following:

 Audio or video recordings
 Electronic mail
 Databases
 Digital images
 Presentation graphics
 Word processing files
 Spreadsheet files
 Voicemail

“Electronic Records” reside on, but are not limited to, media such as magnetic disks or tapes, audio or video cassettes, optical disks, DVDs, CDs, hard drives, or memory sticks.

Historical Records: Records valuable to future researchers that document accomplishments, changes, and growth of the City.

Inactive Records: Records that are no longer referenced, nor required to be readily accessible, in the general conduct of current City business. Such records may be stored at an off-site storage location or within the work area during their required retention period.

Indexes and Metadata: Information supporting a record that is unique and distinguishes one record from another. “Indexes” and “Metadata” may include, but are not limited to, record titles, record series codes, sequential identification numbers, dates, Office of Record, project number, account number, or other source information describing the record’s contents. Such information, in and of itself, does not constitute a record.

Litigation Hold: A temporary hold on destruction of any documents potentially relevant to reasonably anticipated, pending or threatened litigation.

Media: The physical format in which a record is maintained including, but not limited to, paper, photographic, micrographic, computer storage, and any other recording or storage method.

Non-record Writing: Any writing which is not within the definition of a Record. Examples of “Non- record Writings” include writings that are not directly related to the conduct of the City’s business and/or are used specifically for reference including, but not limited to, textbooks, brochures, catalogs, or seminar announcements.

Official Record: An “Official Record” is the original record or “Trusted Copy” having the legally recognized and enforceable quality of any writing containing information related to the conduct of the City’s business.

Office of Record (OOR): The department within the City that is responsible for maintaining a particular record series in accordance with this Policy and the Records Retention Schedules is considered the “Office of Record”. The Records Retention Schedules identify the “OOR” for each record series. Typically, the “OOR” is the department that originates the record. Exceptions may be noted on the Records Retention Schedules.

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Permanent Records: Records that are required to be kept in perpetuity, usually identified by statute or other written guidance. Examples include, but are not limited to, original minutes, ordinances, resolutions, and land grant deeds.

Record: For retention purposes, a Record includes any writing containing information relating to the conduct of the business prepared, owned, used, or retained by the organization regardless of physical form or characteristics. Records include the subsets of trusted copies, confidential records, vital records, historical records, active records, inactive records, electronic records and transitory records, as defined within this Policy.

Record Inventory: A inventory helps build and maintain the Records Retention Schedules. An inventory of a department’s records where the following information is recorded:

 The type of record (record series)
 The date range of the records
 The volume of the records
 The format of the record (paper, microfilm or electronic)

Records Retention Schedule: “Records Retention Schedule” list all ‘record series’ which are prepared, owned, used, or retained by the City, and identify the required retention period for each record series. The “Records Retention Schedule”, and any amendments or updates, are approved by City Council resolution.

Record Series: A set of records which are created, stored and maintained together. “Record Series” are used as a method to organize records by function and/or document type within the City. Examples of different “Record Series” include, but are not limited to, the following:

 Contracts
 Purchase Orders
 Resolutions
 Minutes of official meetings
 Timecards
 Financial Statements

Records Division: A designated area for the storage of inactive records, which is well-organized to allow for efficient retrieval of records as needed from the department. Departments shall maintain custody and control over their records and ensure prompt and efficient handling and destruction of records pursuant to the Records Retention Schedules.

Records Coordinators or Department Records Coordinators: Designated staff within each department or division that are intimately familiar with records maintained in their department or division. The person is the main point of contact between the City Clerk’s Office and staff regarding the City’s Records and Information Management Program and this Policy as it relates to records in their department or division.

Retention Period: A “Retention Period” is the length of time that a particular record is retained by the City before it is disposed of in accordance with this Policy. The “Retention Periods” for City records are identified on the Records Retention Schedule.

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Transitory Records: A writing with only transitory (short-lived) value since the information is used for a relatively short period of time. Examples include, but are not limited to, the following documents that are not retained in the ordinary course of business:

 Preliminary drafts
 Notes
 Interagency/intra-agency memoranda
 Voicemail
 Handheld recorders

Trusted Copy: A “Trusted Copy” is a copy of an originally created record if the copy is created on a Trusted System. “Trusted Copies” are photographically, or electronically generated documents controlled by daily operational procedures and policies to ensure reasonable expectations of document integrity, free from physical or electronic additions, subtractions or other modifications that would change the content of the original document.

Once a “Trusted Copy” is created, it will replace the original source document, and the “Trusted Copy” must then be retained as the Official Record in accordance with the requirements of this Policy and the Records Retention Schedules.

Trusted System: As defined by GC §12168.7(c), “Trusted System” means a combination of techniques, policies, and procedures for which there is no plausible scenario in which a document retrieved from or reproduced by the system could differ substantially from the document that is originally stored.” Thus, a “Trusted System” includes any method of creation, management and/or storage of an Official Record, as defined within this Policy.

Vital Record: Includes records that are needed to continue or resume basic City operations in the event of a disaster.

Writing: As defined by Government Code §6252(f), “Writing” means any handwriting, typewriting, printing, photo stating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.”

Thus, “Writing” is a comprehensive definition that includes the subsets of public records, trusted copies, confidential records, duplicate copies, non-record writings, vital records, historical records, active records, inactive records, electronic records, and transitory records, as defined within this Policy.

CITYWIDE RECORDS AND INFORMATION MANAGEMENT PROGRAM

RECORDS RETENTION SCHEDULE

EXHIBIT B

TO BE PROVIDED
City of Buena Park
City Council Regular Meeting Agenda Report

DISCUSS AND PROVIDE DIRECTION ON THE CITY'S MID-YEAR BUDGET Meeting
Tuesday, February 27, 2024, 5:00 PM
Agenda Group
STUDY SESSION Item: 9A
Presented By
Sung Hyun, Director of Finance
Prepared By
Sung Hyun, Director of Finance
Approved By
Aaron France, City Manager

DISCUSSION
The City's annual Mid-Year Budget review is scheduled for February 27, 2024. The format of the information presented will be consistent with the format used in prior years.

The City Manager and the Director of Finance have reviewed the carryover and mid-year budget adjustment requests.

Should the City Council have any questions or comments prior to the study session, please contact the Director of Finance or the appropriate Department Director.

Additionally, the City continues to engage the community through Speak Up Buena Park! Neary 1,000 residents have participated in our community discussion around City service needs and priorities, with the goal of incorporating the feedback in this year's budget process.

Here are the top priorities identified by the community:

Budget feedback on community priorities:

Preventing crime, including property crimes, like burglary, robbery and car theft Ensuring that children have safe places to play and safe routes to school Maintaining 911 emergency response and retaining/attracting well-trained police officers Keeping public areas safe and clean
Keeping Buena Park affordable for middle-class and working people Helping maintain the City's quality of life for local residents Addressing homelessness
Residents have told us public safety is a top priority and the budget currently reflects:

The Buena Park Police Department is facing a staffing shortage The City must be able to recruit and retain experienced police officers Even in safe communities like Buena Park, robberies, assaults, burglaries, vehicle thefts and arson all increased in 2022
911 call have increased 24% since 2021, straining response times Thousands of Buena Park older adults benefit from our community's senior programs like Meals on Wheels, senior transportation services, and the Buena Park Senior Center. The City strives to continue to offer quality programs that support our growing senior community and allow them to age in place.

Attachments
Mid-Year Budget Review FY23-24.pdf
During these uncertain times, the City must preserve local control over Buena Park taxpayer dollars so that they stay local and serve our community's needs ensuring they are spent in our own community on essential City services. 1 Mid-Year Budget Review
A Presentation to the City Council of Buena Park
February 27, 2024

2 Presentation Outline
◼ Mid-Year Budget Review
❑ Results from FY 2022-23
◼ General Fund Revenues
◼ General Fund Expenditures
◼ Fund Balance of General Fund
◼ Self Insurance Funds Reserves
◼ Reserves - All Other Funds
❑ Projected Results for FY 2023-24
◼ General Fund Projected Revenues
◼ General Fund Projected Expenditures
◼ Projected Fund Balance of General Fund
3 Presentation Outline
◼ Carryover Requests from FY 2022-23 to FY 2023-
24 ◼ Mid-Year Budget Adjustment Requests for FY
2023-24
4 Speak Up Buena Park!
◼ Thank you to the nearly 1,000 residents that have participated in our community discussion around City service needs and priorities – we are listening and look forward to incorporating your feedback in this year’s budget process.
◼ Here are the top priorities identified by the community:
✓ Preventing crime, including property crimes, like burglary, robbery and car theft ✓ Ensuring that children have safe places to play and safe routes to school ✓ Maintaining 911 emergency response and retaining/attracting well-trained police officers ✓ Keeping public areas safe and clean
✓ Keeping Buena Park affordable for middle class and working people ✓ Helping maintain the City’s quality of life for local residents ✓ Addressing homelessness
5 Budget Feedback on Community Priorities
◼ Residents have told us public safety is a top priority and the budget currently reflects:
❑ The Buena Park Police Department is facing a staffing shortage ❑ The City must be able to recruit and retain experienced police officers ❑ Even in safe communities like Buena Park, robberies, assaults, burglaries, vehicle thefts and arson all increased in 2022
❑ 911 calls have increased 24% since 2021, straining response times ◼ Thousands of Buena Park older adults benefit from our community’s senior programs like Meals on Wheels, senior transportation services and the Buena Park Senior Center. The City strives to continue to offer quality programs that support our growing senior community and allow them to age in place. ◼ During these uncertain times the City must preserve local control over Buena Park taxpayer dollars so that they stay local and serve our community’s needs ensuring they are spent in our own community on essential City services.
6 Comparison of General Fund Revenues FY21-22
to FY22-23
Over
2022-23 2022-23 (Under) 2021-22
Description Budget Actual Budget Actual
Sales Taxes 32,293,000$ 34,986,984$ 2,693,984$ 33,127,127$ Property Taxes 9,825,000 10,939,446 1,114,446 10,118,685 Transient Occupancy Taxes 5,400,000 7,480,551 2,080,551 6,572,341 Motor Vehicle Fees 9,578,000 10,285,453 707,453 9,698,408 Refuse Collection 4,344,480 4,409,011 64,531 4,083,227 Utility User Fees 2,500,000 3,791,044 1,291,044 3,072,861 Franchise Fees 1,960,800 2,419,190 458,390 2,001,040 Court Fines 649,000 2,192,867 1,543,867 280,586 Business Licenses 1,000,000 1,223,796 223,796 1,104,430 Development Fees 1,095,530 1,250,710 155,180 773,211 Building Permits 1,126,460 1,329,456 202,996 1,090,064 Recreation Fees 830,120 998,885 168,765 949,351 Visit Buena Park Marketing 30,000 48,780 18,780 5,000 Paramedic Fees 1,050,000 814,148 (235,852) 1,144,778 Misc & Other Revenues 584,008 1,672,620 1,088,612 747,811 Property Transfer Taxes 400,000 404,488 4,488 503,837 Investment Earnings 550,000 691,401 141,401 (1,076,067) Grants 4,874,531 4,918,444 43,913 12,512,731 Transfers In 1,352,314 192,151 (1,160,163) 332,605 Pass-Through 1,000,000 1,245,636 245,636 1,047,464 Police Fees 1,391,250 1,235,376 (155,874) 1,101,383 Engineering Fees 351,000 237,798 (113,202) 384,540 Bus Shelter Fees 120,000 117,000 (3,000) 107,250 Total Revenue 82,305,493$ 92,885,235$ 10,579,742$ 89,682,663$ 7 Comparison of General Fund Expenditures FY21-
22 to FY22-23
2022-23
Amended 2022-23 Surplus 2021-22
Description Budget Actual (Deficit) Actual
City Council 397,540$ 403,629$ (6,089)$ 403,701$ City Manager 1,338,602 1,308,533 30,069 1,169,043 Community Support Services 3,922,491 3,625,455 297,036 3,233,304 City Attorney 297,320 446,838 (149,518) 434,196 City Clerk 715,200 616,599 98,601 479,912 Human Resources 891,940 747,318 144,622 724,402 Finance 1,043,510 986,438 57,072 957,623 Community Development 3,392,170 2,885,599 506,571 2,330,046 Fire Services 14,205,710 14,200,536 5,174 13,758,062 Police Services 34,049,919 32,609,853 1,440,066 30,423,779 Public Works 14,055,244 13,609,580 445,664 12,772,941 Community Services 4,432,951 4,889,382 (456,431) 3,897,247 Non Departmental 2,303,880 1,600,174 703,706 1,657,511 Capital Outlay 582,185 371,024 211,161 195,923 Operating Transfers Out 5,288,099 1,348,948 3,939,151 2,357,972 Total Operating Expenditures 86,916,761 79,649,906 7,266,855 74,795,662 Capital Improvement Projects 2,049,097 545,831 1,503,266 147,533 Total CIP Expenditures 2,049,097 545,831 1,503,266 147,533 Total Expenditures 88,965,858$ 80,195,737$ 8,770,121$ 74,943,195$ 8 General Fund – Fund Balance FY22-23
Fund Balance, Beginning (restated) 60,824,373$
Total Revenues & Transfers In 92,885,235
Total Operating Expenditures & Transfers Out 79,649,906 Excess of Revenues/Transfers over
Operating Expenditures/Transfers 13,235,329
Total Capital Improvement Program Expenditures 545,831
Revenues/Transfers over (under) Expenditures/Transfers 12,689,498 Fund Balance, Ending 73,513,871$
FY 2022-23 FY 2021-22
Reserved for Legal Obligations:

Encumbrances and Legal Obligations 10,988,487$ 6,486,360$ Unreserved:

Designated for continuing capital projects 1,503,266 1,440,290 Designated for land held for resale 17,526,235 8,508,898 Designated for PERS UAL 1,593,849 1,189,821
Designated for future projects 7,526,433 7,826,433 Undesignated: 34,375,601 35,372,571

Total 73,513,871$ 60,824,373$
CITY of BUENA PARK
General Fund Reserves/Designations
9 Workers’ Compensation Self-Insurance Fund
Actual Reserves - FY 2022-23
Cash Position @ June 30, 2023 2,341,701$
Add: Current Receivables 2,010,163
Less: Current Liabilities -
Less: Reserve for Claims Payable (4,817,324)
Net Insurance Deficit @ June 30, 2023 (465,460)$
Projected Reserves - FY 2023-24
Cash Position @ June 30, 2023 2,341,701$
Add: Projected Revenues 2,767,780
Less: Projected Expenses (1,380,650)
Projected Cash Position @ June 30, 2024 3,728,831
Less: Projected Reserve for Claims Payable (5,271,262)
Projected Net Insurance Deficit @ June 30, 2024 (1,542,431)$ 10 Public Liability Self-Insurance Fund
Actual Reserves - FY 2022-23
Cash Position @ June 30, 2023 1,008,249$
Add: Current Receivables 1,004,055
Less: Current Liabilities (20,244)
Less: Reserve for Claims Payable (1,266,867)
Net Insurance Surplus @ June 30, 2023 725,193$
Projected Reserves - FY 2023-24
Cash Position @ June 30, 2023 1,008,249$
Add: Projected Revenues 2,401,000
Less: Projected Expenses (2,031,290)
Projected Cash Position @ June 30, 2024 1,377,959
Less: Projected Reserve for Claims Payable (2,503,115)
Projected Net Insurance Deficit @ June 30, 2024 (1,125,155)$ 11 Accrued Leave Fund
Actual Reserves - FY 2022-23
Cash Position @ June 30, 2023 10,597$
Add: Current Receivables 44
Accrued Leave Balance @ June 30, 2023 10,641$
Projected Reserves - FY 2023-24
Cash Position @ June 30, 2023 10,597$
Add: Projected Revenues 255,000
Less: Projected Expenses (250,000)
Projected Cash Position @ June 30, 2024 15,597
Projected Accrued Leave Balance @ June 30, 2024 15,597$ 12 Other Funds – Reserves FY22-23
Gas Tax Fund
Cash Position @ June 30, 2023 6,870,205$
Add: Current Receivables 547,673
Add: Unbilled Receivables -
Less: Encumbrances and Carryovers -
Less: Current Liabilities (994,606)
Net Cash Position @ June 30, 2023 6,423,272
Restricted for Continuing Capital Projects
- Annual Pavement Rehab 1,201,413
- Slurry Seal Program 64,079
- Striping Program 190,028
- Annual Wheelchair Ramp 177,458
- Traffic Signal Improvements 230,298
- Annual Battery Backup Upgrades 71,840
- Cerritos Ave Rehabilitation - Lorinda to Carlota 392,700 - Dale Street Complete Streets 14,948
- Regio Avenue Rehabilitation 77,860
- Knott @ Holder Traffic Signal 1,463
- O'Thorpe Ave Pavement Rehab 1,100,000
- Grant Writing for CalTrans STP Grant 17,500
- Knott Ave. Rehab - Ball Rd. to Orange Ave. 62,727
Restricted for Continuing Capital Projects (3,602,312)
Restricted Fund Balance @ 6/30/23 2,820,960$
13 Other Funds – Reserves FY22-23
Measure M2 Fund
Cash Position @ June 30, 2023 1,925,132$
Add: Current Receivables 358,782
Less: Current Liabilities (7,293)
Net Cash Position @ June 30, 2023 2,276,621
Restricted for Continuing Capital Projects
- Malvern & Chapman TSSP 53,957
- Orangethorpe TSSP 188,560
- Metrolink Improvements 328,400
- Regio Avenue Rehabilitation 900,000
- O'Thorpe Ave Pavement Rehab 180,211
Restricted for Continuing Capital Projects (1,651,127)
Restricted Fund Balance @ 6/30/23 625,494$
14 Other Funds – Reserves FY22-23
HOME Deferred Loan Fund
Cash Position @ June 30, 2023 1,802,369$
Add: Current Receivables 558,017
Less: Current Liabilities (551,912)
Net Cash Position @ June 30, 2023 1,808,474
Restricted Fund Balance 1,808,474$
CalHOME Loan Fund
Cash Position @ June 30, 2023 1,156,637$
Add: Current Receivables 182,715
Less: Current Liabilities (177,923)
Net Cash Position @ June 30, 2023 1,161,430
Restricted Fund Balance 1,161,430$
Park In-lieu Fund
Cash Position @ June 30, 2023 3,163,621$
Add: Current Receivables 131,546
Less: Current Liabilities (184,674)
Net Cash Position @ June 30, 2023 3,110,492
Restricted for CIP and Encumbrances (3,110,492)
Restricted Fund Balance -$
15 Other Funds – Reserves FY22-23
Traffic Congestion Relief Fund
Cash Position @ June 30, 2023 34,398$
Add: Current Receivables 143
Net Cash Position @ June 30, 2023 34,540
Restricted for CIP and Encumbrances -
Restricted Fund Balance 34,540$
AB2766/AQMD Fund
Cash Position @ June 30, 2023 569,134$
Add: Current Receivables 30,198
Less: Current Liabilities (405)
Net Cash Position @ June 30, 2023 598,927
Restricted for CIP and Encumbrances -
Restricted Fund Balance 598,927$
16 Other Funds – Reserves FY22-23
Local Law Enforcement Block Grant Fund
Cash Position @ June 30, 2023 73,269$
Add: Current Receivables 304
Less: Current Liabilities (224)
Net Cash Position @ June 30, 2023 73,349
Restricted Fund Balance 73,349$
Asset Forfeiture Fund
Cash Position @ June 30, 2023 547,750$
Add: Current Receivables 2,269
Less: Current Liabilities (238,986)
Net Cash Position @ June 30, 2023 311,033
Restricted Fund Balance 311,033$
Proposition 172 Fund
Cash Position @ June 30, 2023 164,009$
Add: Current Receivables 108,026
Less: Current Liabilities (23,651)
Net Cash Position @ June 30, 2023 248,383
Restricted Fund Balance 248,383$
17 Other Funds – Reserves FY22-23
COPS/Supplemental Law Enforcement Special Fund
Cash Position @ June 30, 2023 143,156$
Add: Current Receivables 576
Less: Current Liabilities (9,729)
Net Cash Position @ June 30, 2023 134,004
Restricted Fund Balance 134,004$
State OCATT Fund
Cash Position @ June 30, 2023 (135,144)$
Add: Current Receivables -
Less: Current Liabilities -
Net Cash Position @ June 30, 2023 (135,144)
Restricted Fund Balance (135,144)$
18 Other Funds – Reserves FY22-23
Capital Projects Fund
Cash Position @ June 30, 2023 (542,696)$
Add: Current Assets 532,507
Less: Current Liabilities (551,949)
Net Cash Position @ June 30, 2023 (562,138)
Restricted for CIP and Encumbrances -
Restricted Fund Balance (562,138)$
Economic Development Fund
Cash Position @ June 30, 2023 6,549,655$
Add: Current Assets 27,145
Less: Current Liabilities (87,660)
Net Cash Position @ June 30, 2023 6,489,140
Restricted for CIP and Encumbrances -
Restricted Fund Balance 6,489,140$
Opioid Settlement Fund
Cash Position @ June 30, 2023 163,891$
Add: Current Assets -
Less: Current Liabilities -
Net Cash Position @ June 30, 2023 163,891
Restricted for CIP and Encumbrances -
Restricted Fund Balance 163,891$
19 General Fund Revenues FY23-24
YTD Actual 2023-24 Over 2022-23
Budgeted Ending Estimated (Under) Actual
Description Revenues 12/31/23 Revenues Budget Revenues
Sales Taxes 33,448,000$ 9,579,886$ 36,100,000$ 2,652,000$ 34,986,984$ Property Taxes 10,153,500 1,820,274 11,200,000 1,046,500 10,939,446 Transient Occupancy Taxes 8,300,000 3,076,212 7,800,000 (500,000) 7,480,551 Motor Vehicle Fees 10,402,000 - 10,402,000 - 10,285,453 Refuse Collection 4,626,870 1,877,412 4,626,870 - 4,409,011 Utility User Fees 3,100,000 1,732,316 3,900,000 800,000 3,791,044 Franchise Fees 2,038,300 345,633 2,500,000 461,700 2,419,190 Court Fines 822,000 403,109 907,000 85,000 2,192,867 Business Licenses 1,200,000 624,959 1,200,000 - 1,223,796 Development Fees 834,230 423,817 845,180 10,950 1,250,710 Building Permits 1,270,190 746,954 1,269,190 (1,000) 1,329,456 Recreation Fees 805,180 390,506 805,180 - 998,885 Visit Buena Park Marketing 20,000 121,830 20,000 - 48,780 Paramedic Fees 1,050,000 645,303 1,050,000 - 814,148 Misc & Other Revenues 656,720 257,720 697,834 41,114 1,672,620 Property Transfer Taxes 400,000 150,898 400,000 - 404,488 Investment Earnings 764,700 1,534,289 764,700 - 691,401 Grants 4,352,980 3,181,182 4,300,067 (52,913) 4,918,444 Transfers In 397,670 - 397,670 - 192,151 Redevelopment Pass-Through 1,000,000 - 1,000,000 - 1,245,636 Police Fees 1,776,400 916,182 1,964,856 188,456 1,235,376 Engineering/Public Works Fees 176,000 182,573 239,597 63,597 237,798 Bus Shelter Fees 99,460 58,500 124,730 25,270 117,000 Total Revenue 87,694,200$ 28,069,555$ 92,514,874$ 4,820,674$ 92,885,235$ 20 General Fund Expenditures FY23-24
2023-24 YTD Actual 2023-24 (Over) 2022-23
Amended Ending Estimated Under Actual
Description Budget 12/31/2023 Expenditures Budget Expenditures City Council 401,050$ 200,163$ 401,050$ -$ 403,629$ City Manager 1,466,140 713,210 1,466,140 - 1,308,533 Community Support Services 4,337,380 1,412,485 4,337,380 - 3,625,455 City Attorney 307,020 90,911 307,020 - 446,838 City Clerk 707,470 314,278 653,698 53,772 616,599 Human Resources 1,104,708 356,312 941,129 163,579 747,318 Finance 1,157,920 526,053 1,094,190 63,730 986,438 Community Development 3,738,460 1,546,041 3,465,765 272,695 2,885,599 Fire Services 14,913,260 7,451,279 14,913,260 - 14,200,536 Police Services 35,085,983 16,399,724 34,361,426 724,557 32,609,853 Public Works 14,571,240 6,605,510 14,039,461 531,779 13,609,580 Community Services 4,968,170 2,775,943 5,551,886 (583,716) 4,889,382 Non Departmental 2,254,850 527,543 2,254,850 - 1,600,174 Capital Outlay 946,555 246,051 946,555 - 371,024 Operating Transfers Out 3,654,580 - 3,654,580 - 1,348,948 Total Operating Expenditures 89,614,786 39,165,503 88,388,390 1,226,396 79,649,906 Capital Improvement Projects 1,216,070 271,913 1,216,070 - 545,831

Total CIP Expenditures 1,216,070 271,913 1,216,070 - 545,831 Total Expenditures 90,830,856$ 39,437,416$ 89,604,460$ 1,226,396$ 80,195,737$ 21 General Fund – Projected Fund Balance FY23-24
73,513,871$
Total Estimated Revenues/Transfers In 92,514,874
Total Estimated Operating Expenditures/Transfers Out 88,388,390 Excess of Revenues/Transfers In over
Operating Expenditures/Transfers Out 4,126,484
Total Estimated Capital Improvement Program Expenditures 1,216,070 Estimated Revenues over (under) Estimated Expenditures 2,910,414 Fund Balance, Ending 76,424,285$
FY 2022-23 FY 2021-22
Reserved for Legal Obligations:

Encumbrances and Legal Obligations 12,000,000$ 10,988,487$ Unreserved:

Designated for continuing capital projects 1,500,000 1,503,266 Designated for land held for resale 17,526,235 17,526,235 Designated for PERS UAL 2,093,849 1,593,849
Designated for future projects 7,026,433 7,526,433 Undesignated: 36,277,768 34,375,601
Total 76,424,285$ 73,513,871$
General Fund Reserves/Designations
CITY of BUENA PARK
22 Carryover Requests – General Fund
FY22-23 to FY23-24
◼ Community Development
❑ Tobacco Enforcement Grant - $65,806
◼ Public Works
❑ Beverage Container Recycling Grant - $42,087
23 Carryover Requests – Other Funds
FY22-23 to FY23-24
◼ Local Law Enforcement Block Grant Fund
❑ Justice Assistance Grant (JAG) - $27,544
◼ CDBG Fund
❑ Rental Assistance Program - $133,156
24 Mid-year Requests – General Fund FY23-24
◼ Community Development
❑ Digitization of permit records - $79,000
◼ Public Works Department
❑ Flooring @ Ehlers Event Center - $60,000
❑ Ground Compactor - $4,200
❑ Edison ROW bollards - $40,000
25 Mid-year Requests – Other Funds FY23-24
◼ Gas Tax Fund
❑ Traffic Signal Improvement CIP - $80,000
❑ Traffic Management Center Upgrade - $5,000
◼ Water Fund
❑ Sewer System Personal Protection Equipment - $4,500
❑ Chlorine Analyzer Units - $7,000
❑ Magnetic Induction Meter - $10,000
26 Mid-year Requests – Other Funds FY23-24
◼ Equipment Maintenance/Replacement Fund
❑ Outfitting 4 Police Interceptors - $75,000
❑ On-site washing of Police vehicles - $7,000
◼ Facilities Maintenance Fund
❑ San Marino Park Irrigation Shed Roof - $15,000
❑ Peak Park Pool Room Door - $4,000
❑ Ehler’s Event Center Ceramic Room HVAC - $12,000
27 Mid-Year Budget Review
A Presentation to the City Council of Buena Park
February 27, 2024

City of Buena Park
City Council Regular Meeting Agenda Report

DISCUSS AND PROVIDE DIRECTION REGARDING STREET VENDOR ENFORCEMENT IN THE CITY OF BUENA PARK Meeting
Tuesday, February 27, 2024, 5:00 PM
Agenda Group
STUDY SESSION Item: 9B
Presented By
Matt Foulkes, Director of Community and Economic Development Prepared By
Matt Foulkes, Director of Community and Economic Development Approved By
Aaron France, City Manager

DISCUSSION
This study session item was requested by Council Member Brown to discuss and provide direction on the City’s efforts to enforce unpermitted sidewalk and pushcart vendors in the City. The study session report will provide an overview of applicable local and state laws, highlight the impacts of illegal street vending on the city and patrons, summarize the City’s current enforcement efforts, review measures taken by other Orange County cities, and provide options for City Council consideration.

Legislative History / City Regulations
The California Safe Sidewalk Vending Act, also known as Senate Bill 946 (SB 946), was signed into law in 2018, and became effective in January 2019. This legislation decriminalizes and regulates street vending activities across the state. The key points of SB 946 include:

SB 946 represented a significant shift in the state's approach to street vending, aiming to balance the economic needs of vendors with the interests of local communities and businesses. To comply with SB 946, the City adopted Ordinance No.1653 amending BPMC Chapter 5.64 to create a permitting and regulatory program that preserves public parks, rights-of- way, and other public places for their intended purpose, use and enjoyment of the community at large. The BPMC defines ‘sidewalk vending’ and ‘sidewalk vending activities’ in order to regulate the location and manner in which sidewalk vending can occur. BPMC Section 5.64.030 prohibits sidewalk vendors in the following areas:

Local Regulation Empowerment: While decriminalizing street vending, the law empowers cities to regulate vending activities based on their specific needs and priorities. Cities and counties have the authority to establish permitting systems, health and safety standards, and other regulations. In Buena Park, street vendors are required to comply with Buena Park Municipal Code 5.64.

Protection of Immigrant Vendors: SB 946 includes provisions aimed at protecting immigrant vendors. It prohibits the denial of a Street Vending Permit based on a vendor's immigration status.

Due Process and Civil Penalties: The legislation establishes due process protections for vendors facing enforcement actions. It also outlines civil penalties for violations of local vending regulations, emphasizing a fair and transparent process for addressing non-compliance.

Prohibition of Criminal Penalties: SB 946 prohibits criminal penalties for sidewalk vending, emphasizing that violations should be addressed through civil or administrative processes rather than criminal prosecution.

Any public property that does not meet the definition of a sidewalk or pathway, including but not limited to, any roadway, street, alley, park, or parking lot;
Within any area zoned for residential purposes, provided that roaming sidewalk vending activities operated in compliance with this chapter shall not be prohibited;
Other significant components of the City’s current sidewalk vending regulations include:

In addition to location restrictions, sidewalk vendors are required to obtain a Sidewalk Vending Permit from the City, a Business License and any other requirements from the Orange County Health Department. For street vendors selling food, the City’s street vending permit application includes:

Within the Entertainment Corridor Specific Plan area, or the Amusement Resort zoning district, including any sidewalks or pathways boarding such area or district;
Sidewalks or pathways located adjacent to Beach Boulevard, between the intersection of Stanton Avenue to the south, and Rosecrans Avenue to the north;
Sidewalks or pathways located adjacent to Crescent Avenue between Stanton Avenue to the east, and Western Avenue to the west;
Sidewalks or pathways located adjacent to La Palma Avenue between Dale Avenue to the east, and Western Avenue to the west;
Sidewalks or pathways located adjacent to Orangethorpe Ave between Auto Center Drive to the west, and Western Avenue to the west;
Sidewalks or pathways located adjacent to Auto Center Drive; Within 300-feet of a public or private school, or large childcare facility between the hours of 7:00 am and 7:00 pm; In or immediately adjacent to any area designed for parking, bus zones, stopping, or loading; or in any location where the sidewalk vending facility blocks manholes, utility access points, and/or vents; In any location which the location of the sidewalk vending facilities would result in a violation of the Americans with Disabilities Act; and
Any location where the operation of sidewalk vending activities creates a reasonably foreseeable danger to the safety of persons or property.

Once issued, Sidewalk Vending Permits must be renewed annually.

Sidewalk vending activities are prohibited between the hours of 10:00 pm and 7:00 am.

Sidewalk vendors must allow any government official charged with enforcing laws related to sidewalk vendor activities to inspect their sidewalk vending facility for compliance with the requirements of Chapter 5.64.

Sidewalk vendors must ensure that all customer queuing, waiting areas, or lines do not block the free flow of pedestrian or vehicular traffic.

Sidewalk vendors shall comply with the noise standards and may not utilize any sound-generating equipment or devices in connection with operating sidewalk vendor activities.

Sidewalk vendors must maintain a trash container and immediately clean up any food, waste or grease from public property. The trashcan must be large enough to accommodate customer trash A sidewalk vendor may not dispose of customer trash in existing trash receptacles on public property.

Sidewalk vendors must ensure a 10-foot area immediately surrounding the sidewalk vending facility is free and clear from trash at all times.

All sidewalk vendors selling food shall, at all times, prominently display the applicable health permit from the county, and display, sell, and offer food in a manner approved by the county.

Sidewalk vendors must maintain a minimum 4-foot-wide clearance over any pathway, sidewalk, or public property that is free from obstructions.

A description of the type of food to be sold;
Whether such foods are prepared on site;
A copy of the health permit from the Orange County Department of Environmental Health Whether such foods will require a heating element inside or on the sidewalk vending facility for food preparation, and the type of heating element.

Negative Impacts of Illegal Street Vending
Unregulated/illegal street vending can negatively affect the property where the vending is occurring, surrounding businesses, residents and the community at-large. Specifically:

Surrounding Cities
A survey of surrounding cities found that most have adopted similar street vending regulations, but very few, if any, have issued street vending permits due the vendors' inability to provide the minimum standards to receive a permit from the Orange County Health Department or the various City regulations. Regarding enforcement, most cities have adopted a similar enforcement practice as Buena Park, which relies on a team consisting of Code Enforcement, Public Works, Police Department, and the Orange County Health Care Agency (OCHCA) to shut down vendors and confiscate their food/equipment. Participation by the OCHCA is vital because it is through the Agency’s authority that allows the City to confiscate the food and equipment. The reliance on OCHCA staff to participate in enforcement actions limits the City's ability to perform enforcement as often as it may otherwise want to. For example, Buena Park has only been able to secure OCHCA staff for vendor sweeps a few times per month. Recently, the City of Anaheim approved amendments to its Municipal Code to empower the City to confiscate food and equipment in order to increase the amount of enforcement actions that can be conducted.

Types of Sidewalk Vending
Illegal sidewalk vending in Buena Park primarily occurs in the following forms:

Identification of the person and location from where the food or merchandise to be sold will be manufactured, produced, procured, or prepared by the applicant;
Public Safety Concerns: Illegal street vending often obstructs sidewalks and impedes pedestrian traffic, posing safety risks to both vendors and the public.

Public Health Concerns: Illegal street vending, particularly food vending poses a substantial public health risk for patrons. During recent vendor enforcement actions by the City, it was found that the food being served was not stored correctly and contained evidence of maggots and flies. Additionally, due to the lack of sinks or handwashing stations at the vendor location, the people serving the food were not able to properly clean or sanitize their hands or the utensils further increasing the likelihood of foodborne diseases.

Aesthetics and Cleanliness: Unregulated street vending contributes to litter and improper waste disposal, including disposal of fats, oils and grease onto public sidewalks and right-of-way, negatively affecting the cleanliness and aesthetics of public spaces. Many illegal street vendors do not supply sufficient trashcans leading to patrons dumping their waste into landscape planters or parking lots.

Unfair Competition: Local businesses, particularly brick-and-mortar establishments, may suffer from unfair competition due to illegal vendors operating without adherence to licensing, health, and safety regulations.

Loss of Tax Revenue: Unregulated street vendors have not obtained a business license from the City and do not charge/pay sales tax for their products or food.

Large-scale sidewalk food vendors, often referred to as “taco stands”: These unpermitted vendors typically set up commercial-style cooking operations at major intersections and arterial streets citywide. They operate primarily in evening and nighttime hours multiple nights per week, often at the same location. These vendors typically sell products (tacos, burritos, etc.) that are cooked and prepared on-site for immediate consumption and operate similar to a restaurant. They rely on propane and/or generators for power; may have multiple employees at a given location, and are often part of larger, out-of-town companies that may operate at multiple locations.

Small-scale sidewalk food and merchandise vendors, referred to as “fruit and flower vendors”. These largely unpermitted vendors operate small-scale, roaming carts or stands that sell foods and goods such as fruits, flowers, or ice cream. Locations vary citywide and include major intersections, freeway off-ramps, parks, and within various residential neighborhoods. The majority of these vendors do not have sidewalk vending permits.

City Enforcement Efforts
Over the past seven months, Code Enforcement has opened 48 code cases regarding illegal street vending. Since illegal street vending primarily occurs in the evening and on weekends, Code Enforcement staff has relied on overtime hours for Code Officers to conduct vendor sweeps. As a result, Code Enforcement has used eighty-two (82) overtime hours and numerous hours during daily operations, which represents nearly the full allotment budgeted for overtime for the fiscal year.

During enforcement operations, the OCHCA impounds all food items and equipment under the authority of Division 104, Part 7, Section 114393, of the California Health and Safety Code. All perishable items are immediately disposed and the equipment is destroyed after 30 days. Typically, the street vendors do not carry identification and are not the responsible party or owners of the equipment. While the street vendors themselves are not resistant during the enforcement actions, it is common for patrons waiting in line to become verbally aggressive with staff, which has required intervention from the Police Department on several occasions. Even after confiscation of all food and equipment, it is not uncommon to have the same street vending operation back out on the sidewalk the following night or following week with new equipment.

Options for Future Enforcement
The transient nature of illegal street vending makes enforcement efforts challenging. While the enforcement team of OCHCA, Code Enforcement, Public Works, and the Police Department is effective in the short-term at closing down a vendor location, there seems to be little long-term impact or a marked reduction in the number of vendors in the City. Additionally, the staff time and overtime costs associated with these evening and weekend enforcement actions are cost prohibitive and have effectively eliminated any available overtime hours for other types of enforcement efforts. The City of Fontana recently contracted with the consultant firm 4Leaf to assist with the City’s code enforcement efforts during nights and weekends for up to six-months. Fontana officials allocated approximately $600,000 for these contract services.

Additional options for consideration include amendments to the BPMC, similar to the approach taken in Anaheim to allow Code Enforcement to confiscate equipment and food without the need for OCHCA participation. This code amendment would allow for an increased amount of enforcement efforts, but would not reduce the City’s costs associated with vendor enforcement. Lastly, the City Council could consider an expanded outreach and education campaign that could accompany enforcement actions that would provide educational programs to inform vendors and the public about the legal requirements to obtain a Street Vending Permit with the goal of transitioning illegal vendors into legal ones.

Small goods and services providers, referred to as “phone vendors”. These unpermitted vendors typically located on sidewalks near big box retailers and/or major intersections and bus stops who offer Lifeline/government-subsidized phone services and devices. These vendors typically operate during daytime hours and are characterized by small shade structures and tables for paperwork transactions.

City of Buena Park
City Council Regular Meeting Agenda Report

DISCUSS AND PROVIDE DIRECTION ON AMENDMENTS TO THE BUENA PARK MUNICIPAL CODE PERTAINING TO

URBAN HOMESTEADING
Meeting
Tuesday, February 27, 2024, 5:00 PM
Agenda Group
STUDY SESSION Item: 9C
Presented By
Matt Foulkes, Director of Community and Economic Development Prepared By
Matt Foulkes, Director of Community and Economic Development Approved By
Aaron France, City Manager

DISCUSSION
This study session item was requested by Mayor Sonne, and Councilmembers Traut and Castañeda, to discuss and provide direction on potential amendments to the Buena Park Municipal Code (BPMC) regarding urban homesteading. Urban homesteading is an increasingly popular and sustainable practice that allows community members to cultivate land, typically backyards (single-family) or common open space (multi-family), for personal use, community building, and food production. In addition to growing fruits, vegetables and herbs, cultivation may also include the keeping of small livestock (e.g. chickens, ducks, goats and pigs) as well as beekeeping. Urban homesteading promotes sustainable living by encouraging residents to grow their own food, reducing the carbon footprint associated with transportation, and contributing to local food resilience.

Currently, the BPMC only allows horticultural production, the keeping of small animals, and beekeeping on properties located within the Agricultural (A) Overlay zone. There are (15) parcels in the City with this overlay zone attached, all located on Haldor Place. These Agricultural Overlay properties may be used for the following agricultural activities in addition to the uses authorized for the underlying single-family residential zone:

In addition to the above uses, properties in the Agricultural Overlay may also keep livestock including: rabbits, fowl, and not more than two horses, mules, cows, goats, sheep, or similar large animals in any combination. Any animal keeping structure must be located at least:

Beekeeping is also permitted provided that no more than two (2) bee colonies or beehives are on a lot. However, no more than two (2) honey-collecting cells per colony are permitted provided:

Horticultural production;
Plant nursery;
Orchards and tree crops;
Field crops, berry crops, bush crops, truck gardening;
Agricultural accessory uses and structures.
100 feet from the front property line;
30 feet from any other property line;
40 feet from any dwelling or other building used for human habitation.

Each hive or colony shall be located to the rear of a main structure and at least 15-feet from every property line; Other Cities Regulations
Within Orange County, there are several cities that allow various forms of urban homesteading. A sample of nearby cities regulations are provided below:

Fullerton: Small livestock such as poultry, rabbits, pot-bellied pigs and miniature horses may be kept, provided no coops or pens are located within 30-feet of a habitable dwelling on adjacent property. Crowing roosters are prohibited. Livestock such as cattle, goats, sheep and horses may be kept on a single-family property with a minimum lot size of 32,000 square feet provided no animals are permitted within 50-feet to a habitable dwelling on adjacent property and 30-feet to a patio, swimming pool or similar facility on adjacent property.

Anaheim: In some areas of Anaheim, residents are allowed to keep chickens (hens only) under certain restrictions.

Cypress: The keeping of animals and horticulture is permitted on properties within the RS-15,000 zone subject to minimum lot size and setback requirements.

La Habra: Allows for the keeping of livestock and bees within its Agricultural or Open Space zones. Beehives must be at least 25 feet from any property line of the lot or parcel of land upon which it is situated. Poultry, rabbits or similar livestock raised for food are permitted, if not more than 12 of any one or combination of such animals may be maintained on one lot.

Livestock and pens/coops must be at least 50 feet from any building used for human habitation, or within 100 feet of the front lot line, or within 100 feet of any public park, school or hospital.

Potential Negative Impacts of Urban Homesteading
While urban homesteading offers several benefits to the community, it also comes with potential challenges and issues.

Some potential problems with urban homesteading include:

Potential Ordinance Elements
Should the City Council direct staff to amend the BPMC to expand the areas where urban homesteading activities are permitted; the following elements would be incorporated:

Conclusion
Hives or colonies shall be the property of, and maintained by, the residents of the property upon which the hives are located;
An adequate water supply shall be provided on-site at all times; All colonies are registered with the Orange County Agricultural Commissioner.

Noise and Smell: The presence of small livestock, compost piles, or other common homesteading features have the potential to generate noise and odors that can be disruptive to adjacent residential properties in close proximity.

Vector/Pest Issues: The introduction of crops, small livestock and composting can attract pests like insects or rodents. Additionally, the pest management practices of a property owner could utilize pesticides and insecticides that may be harmful to adjacent properties.

Neighbor Relations: Urban homesteading activities, such as composting, crop cultivation, or keeping chickens, can negatively affect neighboring properties leading to disputes over noise, odors, pests, or aesthetic concerns.

Lot Size and Setback Requirements: Define minimum lot sizes for additional zones where urban homesteading could be permitted and establish minimum setback requirements for coops/pens to minimize odor and noise concerns and to maintain aesthetics.

Permitting/Review Process: Establish a streamlined review and permitting process for residents proposing to engage in urban homesteading activities on their property while ensuring compliance with minimum standards.

Community Garden Standards for Multi-Family Development: Development of additional standards for the creation and ongoing maintenance of ‘community’ gardens within common open space on multi-family properties, if desired.

Education and Outreach Programs: Explore partnership opportunities with local colleges and horticulture organizations to provide educational programs about urban homesteading practices, and provide resources to community members.

Subject to the incorporation of appropriate standards and guidelines to minimize the negative effects to adjacent properties, amending the BPMC to expand the zones where urban homesteading activities may occur aligns with the City's values on environmental sustainability, community building, and the well-being of its residents.

City of Buena Park
City Council Regular Meeting Agenda Report

DESIGNATE A COUNCIL MEMBER AS THE CITY'S VOTING DELEGATE AND ALTERNATE VOTING DELEGATE FOR THE

SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) GENERAL ASSEMBLY BUSINESS SESSION Meeting
Tuesday, February 27, 2024, 5:00 PM
Agenda Group
STUDY SESSION Item: 9D
Presented By
Adria Jimenez, MMC, Director of Government and Community Relations/City Clerk
Prepared By
Adria Jimenez, City Clerk
Approved By
Aaron France, City Manager

DISCUSSION
The Southern California Association of Government (SCAG)'s 2024 General Assembly is scheduled for May 2 and 3, 2024, in Palm Desert. SCAG is requesting the City designate a voting delegate and alternate voting delegate by City Council Minute action. SCAG Bylaws indicated that if there is a Buena Park Council Member who serves on the SCAG board that person is considered the delegate, unless the City Council wishes to select a different delegate. Currently, Council Member Brown is serving as the President of SCAG, which qualifies him to serve as the City's voting delegate. However, the City Council may select an alternate voting delegate from among those Council Members attending the conference.

Additionally, the General Assembly Delegate Representative for Buena Park has an opportunity to propose any policy matter for determination by the General Assembly in the form of a proposed Resolution, and revisions to SCAG Bylaws. All proposed Resolutions and/or Bylaw revisions will be reviewed by SCAG's Bylaws and Resolutions Committee, and thereafter the Regional Council, before being considered at the General Assembly Business meeting. Once additional information is received on the proposed resolutions, staff will return to City Council for review and to provide direction to the City's delegates on how to proceed with voting.