Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
February 8, 2023
City Council Meeting
COUNCIL CHAMBERS, 33 SOUTH MAIN STREET, COLFAX, CA
Mayor Trinity Burruss ⋅ Mayor Pro Tem Marnie Mendoza
Councilmembers ⋅ David Ackerman ⋅ Kim Douglass ⋅ Sean Lomen
REGULAR MEETING AGENDA
February 8, 2023
Regular Session: 6:00 PM
This Regular Meeting of the City Council is being held pursuant to Government Code Section 54953(e) which authorizes meetings to be held by teleconference. The Governor’s proclaimed state of emergency remains in effect and the City Council has made or will make the legal findings necessary to hold meetings by teleconference.
You may access the meeting and address the Council by any of the following means:
ZOOM at
https://us02web.zoom.us/j/87963036558
Dial in by calling one of the numbers listed below and enter the Webinar ID:
879 6303 6558
1 (669) 900-6833 1 (346) 248-7799 1 (312) 626-6799
1 (929) 205-6099 1 (253) 215-8782 1 (301) 715-8592
Facebook Live on our City of Colfax page: City of Colfax, California. You may also submit written comments to the City Clerk via email at city.clerk@colfaxca.gov, via regular mail to P.O. Box 702, Colfax CA 95713, or by dropping them off at City Hall, 33 S. Main Street, Colfax CA 95713. Comments received will be submitted to Council and made a part of the record.
1 CLOSED SESSION (No Closed Session)
2 OPEN SESSION
2A. Call Open Session to Order
2B. Report from Closed Session
2C. Pledge of Allegiance
2D. Roll Call
2E. Approval of Agenda Order
Thisisthe time for changesto the agenda to be considered including removal, postponement, or change to the agenda sequence.
Recommended Action: By motion, accept the agenda as presented or amended. 3 CONSENT CALENDAR
1 Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
February 8, 2023
Matters on the Consent Calendar are routine in nature and will be approved by one blanket motion with a Council vote. No discussion of these items ensues unless specific items are pulled for discussion and separate action. If you wish to have an item pulled from the Consent Agenda for discussion, please notify the Mayor.
Recommended Action: Approve Consent Calendar
3A. Authorize Remote Teleconference Meetings Pursuant to Government Code Section 54953(e) [AB 361]. (Pages 4-7)
Recommendation: Adopt Resolution __-2023 Authorizing Remote Teleconference Meetings Pursuant to Government Code Section 54953(e) [AB 361].
3B. Minutes (Pages 8-10)
Recommendation: By Motion, approve the Colfax City Council minutes of 1/25/2023. 3C. Quarterly Investment Report – Quarter ended 12/31/22 (Pages 11-19) Recommendation: Accept and file
3D. Property Management Agreement (Pages 20-39)
Recommendation: Adopt Resolution__-2023 authorizing the City Manager to enter into a professional services agreement with Foothill Properties to set fair market rates, solicit tenants, and manage tenant contracts for City-owned properties for a three-year term with an option to renew for an additional two years.
3E. Records Retention Schedule (Pages 40-86)
Recommendation: Adopt Resolution__-2023 and the Records Retention Schedules. *** End of Consent Calendar ***
4 AGENCY REPORTS
4A. Placer County Sheriff Department
4B. CHP
4C. Placer County Fire Department/CAL FIRE
4D. Non-Profits
5 PRESENTATION (No Presentation)
6 PUBLIC HEARING (No Public Hearing)
7 PUBLIC COMMENT
Members of the public are permitted to address the Council orally or in writing on matters of concern to the public within the subject matter jurisdiction of the City that are not listed on this agenda. Please make your comments as succinct as possible. Oral comments made at the meeting may not exceed five (5) minutes per speaker. Written comments should not exceed 800 words. Written comments received before the close of an agenda item may be read into the record, with a maximum allowance of five (5) minutes in length. Council cannot act on items not listed on this agenda but may briefly respond to statements made or questions posed, request clarification, refer the matter to staff, or place the matter on a future agenda.
2 Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
February 8, 2023
I, Marguerite Bailey, City Clerk for the City of Colfax, declare that this agenda was posted in accordance with the Brown Act at Colfax City Hall and Colfax Post Office. The agenda is also available on the City website at http://colfax-ca.gov/
Marguerite Bailey, City Clerk
Administrative Remedies must be exhausted prior to action being initiated in a court of law. If you challenge City Council action in court, you may be limited to raising only those issues you or someone else raised at a public hearing described in this notice/agenda, or in written correspondence delivered to the City Clerk of the City of Colfax at, or prior to, said public hearing. 8 COUNCIL AND STAFF
The purpose of these reports is to provide information to the Council and public on projects, programs, and issues discussed at committee meetings and other items of Colfax related information. No decisions will be made on these issues. If a member of the Council prefers formal action be taken on any committee reports or other information, the issue will be placed on a future Council meeting agenda.
8A. Committee Reports and Colfax InformationalItems – All Councilmembers 8B. City Operations Update – City Manager
9 COUNCIL BUSINESS
9A. Railroad Street Easement Acquisition (Pages 87-90)
Presentation by: Wes Heathcock, City Manager
Recommendation: Discuss and consider authorizing the City Manager to purchase Railroad Street roadway easement from Union Pacific in an amount not to exceed $154,688. 9B. Update on the Process for Attending Meetings by Teleconference Under the Brown Act (Pages 91-93)
Presentation by: Alfred A. “Mick” Cabral, City Attorney Recommendation: Review public forum options and provide staff direction. 10 GOOD OF THE ORDER
Informal statements, observation reports and inquiries regarding the business of the City may be presented by Councilmembers under this agenda item or requests for placement of items of interest on a future agenda. No action will be taken.
11 ADJOURNMENT
3 City of Colfax Authorize Remote Teleconference Meetings Staff Report February 8, 2023 Under Government Code Section 54953(e) Staff Report to City Council
FOR THE FEBRUARY 8 2023, REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Wes Heathcock, City Manager
Alfred A. “Mick” Cabral, City Attorney
Subject: Authorize remote teleconference meetings pursuant to Government Code Section 54953(e) [AB 361]
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
The proposed Resolution, if adopted, will authorize the City Council to conduct its meetings virtually or in person under the teleconference rules contained in Government Code Section 54953(e).
On March 4, 2020, the Governor proclaimed a state of emergency to address the threat of the COVID-19 pandemic. That proclamation remains in effect.
On March 17, 2020, Governor Newsom signed Executive Order N-29-20 which allowed Council to meet virtually under relaxed teleconferencing rules. Council did so until Executive Order N-29-20 expired on September 30, 2021, and was replaced by different rules under Government Code Section 54953(e) [AB 361] effective October 1, 2021. Council initially elected to resume meeting in person, but the persistence of the COVID pandemic has prompted Council and staff to consider resuming its virtual meetings.
Government Code Section 54953(e) authorizes Council to use teleconferencing to hold its meetings during a proclaimed state of emergency when state or local officials have imposed or recommended measures to promote social distancing. “State of Emergency” is narrowly defined such that one only exists when the Governor has proclaimed one under the authority of Government Code Section 8625, which occurred on March 4, 2020, and remains in effect.
If Council adopts the recommended Resolution, meetings must meet the following requirements:
1. Agendas and notice of the meeting must be posted, but not at all teleconference locations. (GC 54953(e)(2)(A)).
2. Members of the public must be allowed to access the meeting and address the Council. The agenda must (1) include notice of the means by which members of the public can access the meeting and comment, and (2) identify and include an opportunity for all persons to attend via call-in option or internet-based service option, but the City is not required to provide a physical location from which the public may attend or comment. (GC 54953(e)(2)(B)).
3. Teleconference meetings must protect the statutory and constitutional rights of all parties and members of the public appearing before Council. (GC 54953(e)(2)(C)).
RECOMMENDED ACTION: Adopt Resolution __-2023 authorizing remote teleconference meetings pursuant to Government Code Section 54953(e) [AB 361].
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4 City of Colfax Authorize Remote Teleconference Meetings Staff Report February 8, 2023 Under Government Code Section 54953(e)
4. If a disruption occurs that prevents the city from broadcasting the meeting or that prevents the public from participating or commenting using the call-in option, no further action on the agenda items can be taken until the disruption is remedied. (GC 54953(e)(2)(D)).
5. The City cannot require public comments to be submitted in advance of the meeting and must allow for comments to be made in “real time”. This does not require the city to provide a physical location from which the public may attend or comment. (GC 54953(e)(2)(E)).
6. GC Section 54953.3 precludes the City from requiring meeting attendees to register his or her name or to provide other information, complete a questionnaire, or fulfill any other condition precedent to attendance. AB 361 provides that individuals who want to provide public comment through the use of an internet website or other online platform not under the City’s control may nevertheless be required to register as required by that third-party internet website or online platform to participate. (GC 54953(e)(2)(F)).
7. Colfax takes public comment separately on each agenda item so it will have to allow a reasonable amount of time per agenda item for the public to register or be recognized for the purpose of providing public comment. (GC 54953(e)(2)(G)(ii)). This generally applies to the public comment period on matters within the City’s subject matter jurisdiction.
8. The following findings must be made within 30 days after teleconferencing under AB 361 for the first time without complying with Government Code Section 54953(b)(3) and every 30 days thereafter:
(A) The Council has reconsidered the circumstances of the state of emergency, (B) Either the state of emergency continues to directly impact the ability of the Council to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing. (GC 54953(e)(3)). Staff plans to place this periodic review on the Consent Calendar.
Staff is prepared to implement these requirements and will be available to answer any questions.
Fiscal Impact
None
Attachments:
1. Resolution __-2023
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5 _________________________________________________________________________________________ City of Colfax Authorizing Remote Teleconference Meetings Pursuant To Resolution __-2023 Government Code Section 54953(e) [AB361] City of Colfax
City Council
Resolution № __-2023
AUTHORIZING REMOTE TELECONFERENCE MEETINGS PURSUANT TO GOVERNMENT CODE SECTION 54953(e) [AB 361]
WHEREAS, Government Code Section 54953(e), as adopted by Assembly Bill 361 (AB 361) allows the Council to hold open meetings by teleconference without reference to otherwise applicable requirements of Government Code Section 54953(b)(3), so long as Council complies with legally-imposed requirements, there exists a declared state of emergency, and one of the following circumstances is met: (1) State or local officials have imposed or recommended measures to promote social distancing, (2) Council is holding the meeting for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees, and (3) Council has determined, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees; and,
WHEREAS, on March 4, 2020, the Governor proclaimed a state of emergency pursuant to Government Code Section 8625, and that proclamation remains in effect; and, WHEREAS, the City Council, having reconsidered the circumstances of the state of emergency, hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, Council subcommittees, City staff and consultants to meet safely in person.
NOW THEREFORE, BE IT RESOLVED BY the City Council of the City of Colfax as follows:
1. The foregoing recitals are true and correct statements of fact and are incorporated into this Resolution by this reference.
2. The City Council hereby finds and declares the following conditions are met as required by Government Code Section 54953(e)(3):
(i) The Governor of California proclaimed a state of emergency on March 4, 2020, pursuant to Government Code Section 8625, which remains in effect. (ii) The City Council has determined that, as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees.
3. The City Manager is authorized to utilize teleconferencing to conduct all City of Colfax public meetings pursuant to AB 361 and Government Code Section 54953(e).
4. In accordance with AB 361, the City Council shall reconsider the passage of this Resolution not less than every 30 days to determine whether a state of emergency continues to directly impact the ability of the Council to meet safely in person, or whether state or local officials continue to impose or recommend social distancing, until this Resolution is rescinded.
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6 _________________________________________________________________________________________ City of Colfax Authorizing Remote Teleconference Meetings Pursuant To Resolution __-2023 Government Code Section 54953(e) [AB361] THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at a regular meeting of the City Council of the City of Colfax held on the 8th of February, 2023, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Trinity Burruss, Mayor
ATTEST:
________________________________________
Marguerite Bailey, City Clerk
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7 Minutes 1/25/2023
City Council Minutes
Regular Meeting of Colfax City Council
Wednesday, January 25, 2023
City Hall Council Chambers, 33 S Main Street,
Colfax CA and attended via Teleconference through ZOOM
1 CLOSED SESSION (No Closed Session)
2 OPEN SESSION
2A. CallOpen Session to Order - Mayor Burruss called the open session to order at 6:00 pm. 2B. Report from Closed Session – No Closed Session.
2C. Pledge of Allegiance
2D. Roll Call
Present: Councilmember Lomen, Councilmember Ackerman, Councilmember Douglass, Mayor Pro Tem Mendoza, Mayor Burruss
2E. Approval of the Agenda Order
By MOTION, accept the approval of the agenda order.
MOTION made by Councilmember Lomen and seconded by Councilmember Ackerman, and unanimously approved.
3 CONSENT CALENDAR
3A. Minutes
Recommendation: By Motion, approve the Colfax City Council minutes of 1/11/2023. 3B. Cash Summary - December 2022
Recommendation: Accept and File.
3C. Second Reading of the EV Charging Ordinance
Recommendation: Waive the second reading and adopt Ordinance 551 establishing procedures for expediting the permit process for electric vehicle charging stations, to be effective 30 days after adoption.
3D. Cash Summary - November 2022
Recommendation: Accept and File.
3E. Authorization to Bid – Algae Control Project and I & I Mitigation Project Recommendation: Adopt Resolution 02-2023 authorizing the City Manager to solicit bids for construction of the following:
1. Algae Control Project with a construction cost estimate of $3,150,000.
2. I&I Mitigation Project with a construction cost estimate of $4,624,000. 3F. Notice of Completion – Colfax Hospitality Partners LLC, Best Western Hotel Project Recommendation: Adopt Resolution 03-2023 accepting the Colfax Hospitality Partners LLC, Best Western Hotel Project as complete, authorizing discharge of faithful performance security, and authorizing the recording of the Notice of Completion.
3G Notice of Completion - Lift Station 5 Force Main Improvement Project Recommendation: Adopt Resolution 04-2023 accepting the Lift Station 5 Force Main Improvement Project as complete and authorizing the recording of the Notice of Completion. 3B
8 Minutes 1/25/2023
3H. Agreement with Pelayo Construction for City Facility Repairs Recommendation: Adopt Resolution 05-2023 authorizing the City Manager to enter into an agreement with Pelayo Construction for City facility repairs in an amount not to exceed $19,380. ***End of Consent Calendar***
By MOTION, approve the consent calendar.
MOTION made by Councilmember Lomen and seconded by Councilmember Ackerman, and unanimously approved.
4 AGENCY REPORTS
4A. Placer County Sheriff Office – Station Commander, Sgt. Kevin Griffiths presented annual response statistics and also provided a synopsis of a recent event that occurred at Colfax High School which incorporated responses from multiple allied agencies and participation at the Sierra Vista Community Center with coordination from the school
4B. CHP – Public Information Officer Jason Lyman described his department’s involvement and being on a search team at the incident at Colfax High School as well as traffic safety and safe snow play areas along the freeway corridor.
4C. Placer County Fire/CAL FIRE – Assistant Chief Bob Counts described the coordinated response to the school. 2 CAL FIRE peace officers responded to join search teams, as well the Tactical Emergency Medical Support (TEMS) team and a drone operator. He also spoke about the status of Rescue 36 apparatus.
4D. Non-Profits – None
5 PRESENTATION (None)
6 PUBLIC HEARING (None)
7 PUBLIC COMMENT
Tim Dion spoke about licensing of medicinal and adult-use cannabis. Council clarified the topic of the agenda item for the February 22nd meeting to be firstly, if the current cannabis licensing City ordinance is in compliance with California State Law and secondly if Council has any policy direction to amend the ordinance.
8 COUNCIL AND STAFF
8A. Committee Reports and Colfax Informational Items – All Councilmembers – Councilmember Lomen announced that the City’s negotiations with Union Pacific were successful regarding obtaining an easement on Railroad Street. Councilmember Douglass explained that he attended a Homelessness Response Project and didn’t have an update yet. 8B. City Operations Update – City Manager – City Manager Heathcock presented a map and described the acquisition of Railroad Street ingress/egress easement from Union Pacific which would be presented at the next Council meeting. He also discussed a hypothetical project timeline. 9 COUNCIL BUSINESS
9A. City of Colfax Audit Report as of Fiscal Year Ended June 30, 2022 Presentation by: Ingrid Sheipline, Managing Partner (Richardson and Co.), Auditor Recommendation: Accept and receive Fiscal Year Ended June 30, 2022, Audit Report.
Finance Director Laurie Van Groningen discussed the history and relevance of the audit and also thanked Administrative Analyst, Shanna Stahl and the consultants and City staff. Managing Partner, Ingrid Sheipline presented the summary of the audit report and described a clean report. City Manager Heathcock and Council also thanked Finance Director Van Groningen and Administrative Analyst Stahl.
By MOTION, accept and receive the Fiscal Year Ended June 30, 2022 Audit Report.
MOTION made by Mayor Pro Tem Mendoza and seconded by Councilmember Ackerman, and unanimously approved.
3B
9 Minutes 1/25/2023
9B. Short-Term Rentals
Presentation by: Emmanuel Ursu, Planning Director
Recommendation: Provide staff direction on whether to prepare a draft ordinance to allow shortterm rentals.
Planning Director Ursu presented the item and Council directed staff to pursue planning of placing the item onto a future agenda.
9C. Council Committee Assignments
Presentation by: Wes Heathcock, City Manager
Recommendation: Approve City Council Committee Assignments for 2023. 2023 City Council Committee Assignments from the Mayor were presented. Council discussed and decided that Councilmember Lomen would replace Mayor Burruss as the Skatepark Committee representative. Councilmember Douglass would be the representative for Project Go, with Councilmember Lomen as the alternate in the event of the City’s involvement and Councilmember Lomen would replace Councilmember Ackerman as the Alternate for Placer County Transportation Planning Agency (PCTPA)
By MOTION, approve the amended 2023 City Council Committee Assignments.
MOTION made by Mayor Pro Tem Mendoza and seconded by Councilmember Lomen, and unanimously approved.
10 GOOD OF THE ORDER
Councilmember Lomen announced the monthly meeting of the Placer Sierra Fire Safe Council tomorrow night at Colfax Council Chambers. Councilmember Douglass stated that the Placer Sierra Railroad Society is looking for volunteers for the Caboose maintenance, and to contact Roger Staab or himself. He also explained that CAL FIRE has planned burns near the Waste Water Treatment Plant. Mayor Burruss discussed the possibility of hiring a photographer or updating portraits. 11 ADJOURNMENT
As there was no further business on the agenda, Mayor Burruss adjourned the meeting, by motion and without objection at 6:58 pm. Respectfully submitted to City Council this 8th day of February, 2023.
Marguerite Bailey, City Clerk
3B
10 City of Colfax Quarterly Investment Report – Quarter Ended 12/31/2022 Staff Report February 8, 2022
Staff Report to City Council
FOR THE FEBRUARY 8, 2023 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Laurie Van Groningen, Finance Director
Subject: Quarterly Investment Report – Quarter ended 12/31/22 Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
California Government Code Section 53646 and the City of Colfax Investment Policy require a quarterly investment report be submitted to the City Council. Such report shall include at least the following information:
Types of Investments;
Name of the institution in which funds are invested or deposited; Date of Maturity, if applicable;
Par and dollar amount investment for all securities;
Percent distribution of each type of investment or deposit; current market value as of the date of the report, including source of the valuation except those under LAIF; Rate of interest;
Average weighted yield of all investments;
A statement relating the report to the City’s Investment Policy; and A statement that there are sufficient funds to meet the City’s next six months of financial obligations.
The current practice for cash management is to maintain an operating balance between $75,000 and $150,000 in the City’s US Bank Corporate checking account. This account accumulates Earnings Credits based on the account balance which offset/reduce monthly service charges. City funds in excess of the targeted operating balance are transferred to the State of California Local Agency Investment Fund (LAIF) on a weekly basis. The checking account balance may be reported at an amount higher than the target balance by the Bank due to the timing of City checks being processed by vendors/service providers.
The City’s investment policy is authorized under the California Government Code, section 53600, et. seq. as it applies to the investment of public funds. The Government Code governs the City’s allowable investments, and the lengths of those investments. Our investment policy dictates that the City should have liquid short term securities to meet six months of financial obligations. The budget for fiscal year 2022-2023 reflects nearly $4.9M in annual operating expenditures; therefore, our target for liquid short term securities would be $2.45M.
The attached schedule Analysis of Treasury Investment Pool satisfies the State’s reporting requirements.
Additionally, we have determined:
The investments held at December 31, 2022 conform to the City Investment Policy adopted by Resolution 29-2014.
The composite yield of the City’s investment pool (US Bank and LAIF) to be the rate of 1.9% for the quarter ended December 31, 2022.
There are sufficient funds on deposit to meet all anticipated City expenditures for the period January 01, 2023 through June 30, 2023.
RECOMMENDED ACTION: Accept and File
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11 City of Colfax Quarterly Investment Report – Quarter Ended 12/31/2022 Staff Report February 8, 2022
Historically, due to fluctuations in fund balances, investment opportunities outside the corporate checking and LAIF accounts have been somewhat limited. Staff will continue to review for opportunities, but at this time will continue with the current investment structure.
Attachments:
1. Analysis of Treasury Investment Pool
2. State of California – PMIA and LAIF Performance Report (QE 12/31/2022)
3. State of California – PMIA Average Monthly Effective Yields
4. Resolution 29-2014
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12 City of Colfax
Analysis of Treasury Investment Pool
Quarterly Analysis - FY2022-2023
Report Date: 12/31/2022
Type of Investment Financial Institution
Date of
Maturity
Investment
Amount
% of Total
Investment
Average
Investment
Yield
Investment Fund State Local Agency Investment Fund (LAIF) N/A 7,849,494 $ 97% 1.98% Corporate Checking US Bank N/A $ 231,396 3% 0.16%
Total Investment Pool $ 8,080,890 100% 1.90%
Type of Investment Financial Institution
Date of
Maturity
Investment
Amount
% of Total
Investment
Average
Investment
Yield
Investment Fund State Local Agency Investment Fund (LAIF) N/A 8,594,953 $ 98% 1.29% Corporate Checking US Bank N/A $ 193,943 2% 0.16%
Total Investment Pool $ 8,788,896 100% 1.24%
Quarter Ended 12/31/2022
Quarter Ended 09/30/2022
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13 3C
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15 City of Colfax
City Council
Resolution NQ 29-2014
AFFIRMING ADMINISTRATIVE POLICIES AND PROCEDURES FOR FINANCIAL
MANAGEMENT, INVESTMENT AND WHISTLEBLOWERS
Whereas, the Colfax City Council has determined that the administrative policies for financial management, investment and whistleblowers are important to the smooth and consistent financial operations of the City; and,
Whereas, these policies have not been updated for several years; and Whereas, the annual independent audit recommended such policies be updated and in place; and,
Whereas, the Council has reviewed the attached policies, Now Therefore, Be It Resolved by the City Council of the City of Colfax that the administrative policies attached hereto are hereby affirmed.
Passed and Adopted this 8th day of October by the following vote:
Ayes:
Noes:
Absent:
ATTEST:
Douglass, Hesch, McKinney, Parnham
None
Barkle
Tony' sch, Mayor ~
3C
16 CITY OF COLFAX
ADMINISTRATIVE POLICIES AND PROCEDURES
Subject:
Effective Date:
Resolution:
Investment Policy
October 8,2014
Resolution No. 29-2014
SCOPE AND AUTHORITY
The purpose of this policy is to establish a prudent and systematic Investment Policy, and to organize and formalize investment-related activities.
The City'S Investment Policy is authorized under the California Government Code, section 53600, et, seq.as it applies to the investment of public funds.
It is intended that this policy cover all funds and investment activities under the direct authority of the City of Colfax. Investments authorized by Fiscal Agents pursuant to bonded debt are controlled by the terms and conditions of the specific bond, and may not necessarily coincide with the Investment Policy outlined herein. Investments must conform to Government Code Section 53600.5 concerning safekeeping of purchased securities by financial advisers, fiscal agent, or consultants. Wherever practical, investments made by a Fiscal Agent on behalf of the City will be consistent with this Policy.
INVESTMENT OBJECTIVES
Safety - It is the primary duty and responsibility of the City Staff to protect, preserve and maintain cash and investments on behalf of the citizens of Colfax.
Liquidity - An adequate percentage of the City's investment portfolio should be maintained in liquid short-term securities which can be converted to cash if necessary to meet disbursement requirements. Since all cash requirements cannot be anticipated, investments in securities with active secondary or resale markets is highly recommended. Emphasis should be on marketable securities with low sensitivity to market risk.
Yield - Yield should become a consideration only after the basic requirements of safety and liquidity have been met.
A. The overall yield should be designed to attain a market-average rate of return throughout budgetary and economic cycles, taking into account the City'S risk constraints, the cash flow characteristics of the portfolio, and State and local laws, ordinances or resolutions that restrict investments.
Public Trust - All participants in the investment process shall act as custodians of the public trust. Investment officials shall recognize that the investment portfolio is subject to public review and evaluation. The overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust.
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17 Diversification - The investment portfolio will be diversified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions.
A. In a diversified portfolio it must be recognized that occasional measured losses are inevitable, and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented.
Prudence - The City adheres to the "prudent person rule" which obligates a fiduciary to insure that: " .. .investments shall be made with the exercise of that degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation but for investment considering the probable safety of their capital as well as the probable income to be deri ved."
INVESTMENT STRATEGY
The most effective method of increasing investment yields without sacrificing safety is to extend the investment horizon commensurate with the City'S cash requirements. To that end, improved cash forecasting and management is the preferred investment strategy for the City.
A. Cash management activities include accurate cash projections, the expeditious collection of revenue, the control of disbursements, cost-effective banking relations, and a shortterm borrowing program, when needed, that coordinates working capital requirements and investment opportunity.
ALLOWABLE INVESTMENT INSTRUMENTS
The Government Code, Sections 53601, 53601.1 and 53635 shall govern the City's allowable investments, and the length of those investments, unless specifically limited by this policy.
Although the maximum maturity for any deposit or investment is five years, most investments should be for no longer than 2-3 years. All investments of City funds shall be made in accordance with California Government Code Sections 53601, et seq. and 53635 et seq., or in accordance with California Government Code 16429.1 authorizing investments into the State Local Agency Investment Fund (LAIF). Investments will be authorized by the City Manager, City Treasurer, Finance Director or Mayor only.
REPORTING REQUIRMENTS
City staff shall submit a qua11erly investment report to the City Council. The report must be submitted to the City Manager for the agenda within 30 days following the end of the month covered by the repo11, and is required under Government Code Section 53646. Such rep0l1 shall include at least the following information:
• Types of investments;
• Name of the institution in which funds are invested or deposited; • Date of maturity, if applicable;
• Par and dollar amount investment for all securities;
• Percent distribution of each type of investment or deposit; current market value as of the date of the report, including source of the valuation except those under LAIF; • Rate of interest;
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18 • A verage weighted yield of all investments;
• A statement relating the report to the City's Investment Policy; and • A statement that there are sufficient funds to meet the City's next six months' financial obligations.
Staff shall also submit the above information annually to the external auditors.
Periodic reports shall be prepared as required by circumstances or as directed by Council. Such circumstances include, but are not limited to, notification that any City investment may be in jeopardy or a sudden and significant drop in the current market value of any City investment.
INTERNAL CONTROLS AND GENERAL GUIDELINES
A system of internal control shall be implemented to prevent losses of public funds arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or impmdent actions by employees and officers of the City.
Controls deemed most important include:
• The control of collusion and separation of duties;
• Custodial safekeeping of funds invested or on deposit; • Minimizing the number of authorized Investment Officers; and • Written documentation of procedures and transactions.
In selecting financial institutions for the deposit or investment of City funds, the City shall consider the credit-worthiness of the institution. Such credit-worthiness shall be monitored on a regular basis throughout the period in which City funds are deposited or invested.
A. Any deposit or investment of funds shall be in writing, signed by the City and the authorized representative of the institution.
B. All transfers must be made by authorized personnel and properly logged and documented.
City staff shall encourage peer review of the City's investments and investment practices. In addition, the City's cash management and investment practices shall be included in any outside financial audit of the City.
An annual Cash Flow Forecast may be prepared by the City, and would be used to assist in the development of the annual operating budget for the City.
This Investment Policy shall be reviewed by the City Council on an annual basis as part of the budget process.
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19 City of Colfax Property Management Agreement
Staff Report February 8, 2023
Staff Report to City Council
FOR THE FEBRUARY 8, 2023 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Marguerite Bailey, City Clerk
Subject: Property Management Agreement
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
The City Council established various project goals for professional staff in January 2017. Hiring a professional property management company to provide services outside City staff’s expertise is the most cost-effective and beneficial solution. Resolution 08-2018 was adopted in February 2018 which authorized the City Manager to enter into a Professional Services Agreement with Foothill Properties to set fair market rates, solicit tenants, and manage tenant contracts for City-owned properties for a three-year term with an option to renew for an additional two years.
Foothill Properties has provided professional services to the City for the past 5 years. Currently, they manage the leases at the Pullman Historic Railcar at 99 Railroad Street and the Historic Passenger Depot Building at 99 Railroad Street, Suite C. City staff has found Foothill Properties’ services to be satisfactory and recommends their continued business.
Fiscal Impacts
Fees for these services are:
Leasing Fees (Set market rates, solicit tenants, manage contracts):
50% of Monthly Rent
Monthly Fees
$50.00 per month
Attachments:
1. Resolution __-2023
2. Agreement
3. Exhibit “ A”Real Estate Agency Relationship
RECOMMENDED ACTION: Adopt Resolution __-2023 authorizing the City Manager to enter into a professional services agreement with Foothill Properties to set fair market rates, solicit tenants, and manage tenant contracts for City-owned properties for a three-year term with an option to renew for an additional two years.
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20 City of Colfax Property Management Agreement
Resolution __-2023
City of Colfax
City Council
Resolution № __-2023
AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH FOOTHILL PROPERTIES TO SET FAIR MARKET RATES,
SOLICIT TENANTS, AND MANAGE TENANT CONTRACTS FOR CITY OWNED
PROPERTIES FOR A THREE-YEAR TERM WITH AN OPTION TO RENEW FOR AN ADDITIONAL TWO YEARS.
WHEREAS, in January 2017 the Colfax City Council established various project goals for professional staff; and,
WHEREAS, the Council tasked staff to procure professional property management services to set fair market rates, solicit tenants, and manage tenant contracts for City properties that are available for tenancy; and,
WHEREAS, In February 2018, City Council adopted Resolution 08-2018 authorizing the City Manager to enter into a Professional Services Agreement with Foothill Properties to set fair market rates, solicit tenants, and manage tenant contracts for City-owned properties for a three-year term with an option to renew for an additional two years.
WHEREAS, Foothill Properties has provided professional services to the city for the past 5 years. City staff has found Foothill Properties’ services to be satisfactory and recommends their continued business.
NOW THEREFORE, BE IT RESOLVED the City Council of the City of Colfax authorizes the City Manager to enter into a professional services agreement with Foothill Properties to set fair market rates, solicit tenants, and manage tenant contracts for City-owned properties for a three-year term with an option to renew for an additional two years.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 8th day of February 2023 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________________
Trinity Burruss, Mayor
ATTEST:
____________________________________
Marguerite Bailey, City Clerk
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AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on this 1st day of March 2023 by and between the City_ of Colfax, a municipal corporation of the State of California ("City") and Foothill Properties (“Consultant").
RECITALS
A. The City desires to retain Consultant to provide the Services set forth in detail in Exhibit A hereto (the "Services") subject to the terms and conditions of this Agreement.
B. Consultant is duly licensed and sufficiently experienced to undertake and perform the Services in a skilled and workmanlike manner and desires to do so in accordance with the terms and conditions of this Agreement.
Now, therefore, in consideration of the mutual covenants, promises and conditions set forth in this Agreement, the City and Consultant agree as follows:
Section 1. Services
Subject to the terms and conditions set forth in this Agreement, Consultant shall furnish and perform all of the Services described in detail in Exhibit A hereto and incorporated herein by this reference (the "Services") to the satisfaction of the City. Consultant shall not perform any work exceeding the scope of the Services described in Exhibit A without prior written authorization from the City.
Section 2. Time of Completion.
Consultant's schedule for performance of the Services is set forth in Exhibit A hereto which is incorporated herein by this reference. Consultant shall commence performance of the Services promptly upon receipt of written notice from the City to proceed. The contract term is for three years with an option for a two year extension. During the performance of the Services, Consultant shall provide the City with written progress reports at least once each month and at such additional intervals as City may from time to time request.
Section 3. Compensation.
A. Except as may otherwise be provided in Exhibit A or elsewhere in this Agreement or its exhibits, Consultant shall invoice City once each month for the Services performed during the preceding month. Such invoices shall itemize all charges in such detail as may reasonably be required by City in the usual course of City business but shall include at least:
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i. the date of performance of each of the Services,
ii. identification of the person who performed the Services, iii. a detailed description of the Services performed on each date, iv. the hourly rate at which the Services on each date are charged, v. an itemization of all costs incurred and
vi. the total charges for the Services for the month invoiced.
As long as the Consultant performs the Services to the satisfaction of the City, the City shall pay the Consultant an all-inclusive compensation that shall not exceed the amount as detailed in Exhibit A except pursuant to an authorized written change order issued pursuant to Section 15 of this Agreement before the Services requiring additional compensation are performed. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City's staff.
B. The Consultant's compensation for the Services shall be full compensation for all indirect and direct personnel, materials, supplies, equipment and services incurred by the Consultant and used in carrying out or completing the Services. Payments shall be in accordance with the payment schedule established in Exhibit A or elsewhere in this Agreement or its exhibits.
C. The City shall have the right to receive, upon request, documentation substantiating charges billed to the City pursuant to this Agreement. The City shall have the right to perform an audit of the Consultant's relevant records pertaining to the charges.
D. Any Services performed more than sixty (60) days prior to the date upon which they are invoiced to the City shall not be compensable.
Section 4. Professional Ability; Standard of Quality.
City has relied upon the professional training and ability of Consultant to perform the Services described in Exhibit A as a material inducement to enter into this Agreement.
Consultant shall therefore provide properly skilled professional and technical personnel to perform all Services under this Agreement. All Services performed by Consultant under this Agreement shall be in a skillful, workmanlike manner in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
Section 5. Indemnification.
Consultant shall hold harmless and indemnify, including without limitation the cost to defend, the City and its officers, agents and employees from and against any and all claims, demands, damages, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and/or its agents in the performance of the Services. This indemnity does not apply to liability for damages for 3D
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death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or material defects in design by the City or its agents, servants employees or independent contractors other than Consultant who are directly responsible to the City, or arising from the active negligence of the City officers, agents, employees or volunteers
Section 6. Insurance.
Without limiting Consultant's indemnification obligations provided for above, Consultant shall take out before beginning performance of the Services and maintain at all times during the life of this Agreement the following policies of insurance with insurers possessing a Best rating of not less than A. Consultant shall not allow any subcontractor, professional or otherwise, to commence work on any subcontract until all insurance required of the Consultant has also been obtained by the subcontractor.
A. Workers' Compensation Coverage. Statutory Workers' Compensation insurance and Employer's Liability Insurance to cover its employees. In the alternative, Consultant may rely on a self-insurance program to meet its legal requirements as long as the program of self-insurance complies fully with the provisions of the California Labor Code. Consultant shall also require all subcontractors, if such are authorized by the City, to similarly provide Workers' Compensation insurance as required by the Labor Code of the State of California for all of the subcontractor's employees. All Workers' Compensation policies shall be endorsed with the provision that the insurance shall not be suspended, voided, or cancelled until thirty (30) days prior written notice has been provided to City by the insurer. The Workers' Compensation insurance shall also contain a provision whereby the insurance company agrees to waive all rights of subrogation against the City and its elected or appointed officials, officers, agents, and employees for losses paid under the terms of such policy which arise from the Services performed by the insured for the City.
B. General Liability Coverage. General liability insurance, including personal injury and property damage insurance for all activities of the Consultant and its subcontractors, if such are authorized by the City, arising out of or in connection with the Services. The insurance shall be written on a comprehensive general liability form and include a broad form comprehensive general liability endorsement. In the alternative, the City will accept, in satisfaction of these requirements, commercial general liability coverage which is equivalent to the comprehensive general liability form and a broad form comprehensive general liability endorsement. The insurance shall be in an amount of not less than $1 million combined single limit personal injury and property damage for each occurrence. The insurance shall be occurrence based insurance. General liability coverage written on a claims made basis shall not be acceptable absent prior written authorization from the City.
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C. Automobile Liability Coverage. Automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than $1 million combined single limit for each occurrence.
D. Policy Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following provisions:
1. The City, and its elected or appointed officials, employees and agents shall be named as insureds or additional insureds with regard to damages and defenses of claims arising from activities performed by or on behalf of the Consultant.
2. The insurance afforded by each policy shall apply separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer's limits of liability.
3. The insurance shall be primary insurance as respects the City and its elected or appointed officers, officials, employees and agents. Any other insurance maintained by the City or its elected or appointed officers, officials, employees, agents or volunteers shall be in excess of this insurance and shall not contribute with it.
4. The insurance shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days prior written notice has been provided to the City.
5. Any failure to comply with the reporting requirements of any policy shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, or agents.
E. Professional Liability Coverage. If required by the City, Consultant shall also take out and maintain professional liability, errors and omissions insurance in an amount not less than $1 million. The professional liability insurance policy shall be endorsed with a provision stating that it shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days written notice has been provided to the City.
F. Insurance Certificates and Endorsements. Prior to commencing the Services under this Agreement, Consultant shall submit to the City documentation evidencing the required insurance signed by the insurance agent and the companies named. This documentation shall be on forms which are acceptable to the City and shall include all required endorsements and verify that coverage is actually in effect. This 3D
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Agreement shall not be effective until the required insurance forms and endorsements are submitted to and approved by the City. Failure to provide these forms within the time period specified by City may result in the award of this Agreement to another Consultant should the City, in its sole discretion, decide to do so. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
G. Deductible and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City.
H. Termination of Insurance. If the City receives notification that Consultant's insurance will be suspended, voided, cancelled or reduced in coverage or in limits, and if the Consultant does not provide for either the reinstatement of that insurance or for the furnishing of alternate insurance containing all of the terms and provisions specified above prior to the termination of that insurance, City may either terminate this Agreement for that breach, or City may secure the required insurance to satisfy the conditions of this Agreement and deduct the cost thereof from compensation which would otherwise be due and payable to the Consultant for Services rendered under the terms of this Agreement.
Section 7. Subcontracts.
Consultant may not subcontract any portion of the Services without the written authorization of City. If City consents to a subcontract, Consultant shall be fully responsible to the City and third parties for all acts or omissions of the subcontractor to which the Services or any portion thereof are subcontracted. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor, nor shall it create any obligation on the part of the City to pay or cause the payment of any monies due to any such subcontractor except as otherwise is required by law.
Section 8. Assignment.
Consultant shall not assign any right or obligation under this Agreement without the City's prior written consent. Any attempted assignment of any right or obligation under this Agreement without the City's prior written consent shall be void.
Section 9. Entire Agreement.
This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties.
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Section 10. Jurisdiction.
This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction over any litigation arising from this Agreement shall be in the Superior Court of the State of California with venue in Placer County, California.
Section 11. Suspension of Services.
Upon written request by Consultant, City may suspend, in writing, all or any portion of the Services if unforeseen circumstances beyond the control of the City and Consultant make normal progress of the Services impossible, impractical or infeasible. Upon written City approval to suspend performance of the Services, the time for completion of the Services shall be extended by the number of days performance of the Services is suspended.
Section 12. Termination of Services.
City may at any time, at its sole discretion, terminate all or any portion of the Services and this Agreement upon seven (7) days written notice to Consultant. Upon receipt of notice of termination, Consultant shall stop performance of the Services at the stage directed by City.
Consultant shall be entitled to payment within thirty (30) days for Services performed up to the date of receipt of the written notice of termination. Consultant shall not be entitled to payment for any Services performed after the receipt of the notice of termination unless such payment is authorized in advance in writing by the City.
Should Consultant fail to perform any of the obligations required of Consultant within the time and in the manner provided for under the terms of this Agreement, or should Consultant violate any of the terms and conditions of this Agreement, City may terminate this Agreement by providing Consultant with seven (7) days written notice of such termination. The Consultant shall be compensated for all Services performed prior to the date of receipt of the notice of termination. However, the City may deduct from the compensation which may be owed to Consultant the amount of damage sustained or estimated by City resulting from Consultant's breach of this Agreement.
Consultant's obligations pursuant to Sections 5 and 6 of this Agreement shall survive termination, and continue in effect for as long as necessary to fulfill the purposes of Sections 5 and 6.
Section 13. Independent Contractor.
Consultant shall in all respects be an independent contractor and not an agent or employee of City. Consultant has and shall retain the right to exercise full control and supervision of the means and methods of performing the Services. Consultant shall receive no premium or enhanced pay for Services normally understood as overtime; nor shall Consultant 3D
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receive holiday pay, sick leave, administrative leave or pay for any other time not actually expended in the performance of the Services. It is intended by the parties that Consultant shall not be eligible for benefits and shall receive no compensation from the City, except as expressly set forth in this Agreement. Consultant shall submit completed W -9 and Report of Independent Contractor forms upon execution of this Agreement and prior to the payment of any compensation hereunder.
Section 14. Ownership of Documents.
Within thirty (30) days after the Consultant substantially completes performance of the Services, or within thirty (30) days after the termination of this Agreement, the Consultant shall deliver to the City all files, records, materials and documents drafted or prepared by Consultant's in the performance of the Services. It is expressly understood and agreed that all such files, records, materials and documents are the property of the City and not the property of the Consultant. All finished and unfinished reports, plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents in the course of performing the Services shall become the sole property of the City upon payment to Consultant for the Services, and the City shall have the exclusive right to use such materials in its sole discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and writings to City or any party the City may designate, upon written request.
Consultant may keep file copies of all documents prepared for City. Use of any such documents by the City for projects that are not the subject of this Agreement or for purposes beyond the scope of the Services shall be at the City's sole risk without legal liability or expense to Consultant.
Section 15. Changes and/or Extra Work.
Only the City Council may authorize extra and/or changed Services, modification of the time of completion of the Services, or additional compensation for the tasks to be performed by Consultant. Consultant expressly recognizes that other City personnel are without authorization to order extra and/or changed Services or to obligate the City to the payment of additional compensation. The failure of Consultant to secure the prior written authorization for such extra and/or changed Services shall constitute a waiver of any and all right to adjustment in the contract price due to such unauthorized Services, and Consultant thereafter shall not be entitled to any compensation whatsoever for the performance of such extra or changed Services. In the event Consultant and City agree that extra and/or changed Services are required, or that additional compensation shall be awarded to Consultant for performance of the Services under this Agreement, a supplemental agreement providing for such compensation shall be prepared and shall be executed by the Consultant and the necessary City officials before the extra and/or changed Services are provided.
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Section 16. Compliance with Federal, State and Local Laws.
Consultant shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations affecting the Services, including without limitation laws requiring licensing and prohibiting discrimination in employment because of race, creed, color, sex, age, marital status, physical or mental disability, national origin or other prohibited bases. City shall not be responsible or liable for Consultant's failure to comply with applicable laws, statutes, ordinances, rules or regulations.
Section 17. Retention of Records.
Consultant and any subconsultants authorized by the terms of this Agreement shall keep and maintain full and complete documentation and accounting records, employees' time sheets, and correspondence pertaining to the Services, and Consultant shall make such documents available for review and/or audit by City and City's representatives at all reasonable times during performance of the Services and for at least four (4) years after completion of the Services and/or termination of this Agreement.
Section 18. Alternative Dispute Resolution
A. Before resorting to mediation, arbitration or other legal process, the primary contacts of the parties shall meet and confer and attempt to amicably resolve any dispute arising from or relating to this Agreement subject to the following provisions. Any party desiring to meet and confer shall so advise the other party pursuant to a written notice. Within 15 days after provision of that written notice by the party desiring to meet and confer, the primary contacts for each party shall meet in person and attempt to amicably resolve their dispute. Each primary contact, or the person acting in their absence with full authority to resolve the dispute, shall attend the meeting and shall be prepared to devote an entire day thereto. If any dispute remains unresolved at the end of the meeting, any party to this Agreement shall have the right to invoke the mediation process provided for in the subparagraph B below.
B. Subject to the provisions of subparagraph A, any dispute that remains unresolved after the meet and confer shall immediately be submitted to non-binding neutral mediation, before a mutually acceptable, neutral retired judge or justice at the Sacramento Office of the Judicial Arbitration and Mediation Service ("JAMS"). If within five days after the meet and confer the parties are unable to agree upon the selection of a neutral mediator, then the first available retired judge or justice at the Sacramento office of JAMS shall serve as the neutral mediator. The parties agree to commit to at least one full day to the mediation process. Additionally, to expedite the resolution of any dispute that is not resolved by mediation, the parties agree to each bring to the neutral mediation a list of at least five neutral arbitrators, 3D
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including their resumes, whose availability for an arbitration hearing within 30 days after the mediation has been confirmed.
C. If mediation is unsuccessful, before the mediation concludes, the parties shall mediate the selection of a neutral arbitrator to assist in the resolution of their dispute. If the parties are unable to agree on an arbitrator, the parties agree to submit selection of an arbitrator to the mediator, whose decision shall be binding on the parties. In that case, the mediator shall select a neutral arbitrator from the then active list of retired judges or justices at the Sacramento Office of the JAMS. The arbitration shall be conducted pursuant to the provisions of the California Arbitration Act, sections 1280-1294.2 of the California Code of Civil Procedure. In such case, the provisions of Code of Civil Procedure Section 1283.05 and 1283.1 shall apply and are hereby incorporated into this Agreement.
D. This section 18 shall survive the termination or expiration of this Agreement. If there is no Sacramento office of JAMS, then the office of JAMS closest to the City shall be used instead of a Sacramento office.
Section 19. Severability.
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by an arbitrator or by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual written consent of the parties.
Section 20. Entire Agreement; Amendment.
This Agreement, including all exhibits hereto, constitutes the complete and exclusive expression of the understanding and agreement between the parties with respect to the subject matter hereof. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. This Agreement may be amended or extended from time to time only by written agreement of the parties hereto.
Section 21. Time of the Essence.
Time is of the essence in the performance of the Services. The Consultant will perform its Services with due and reasonable diligence consistent with sound professional practices and shall devote such time to the performance of the Services as may be necessary for their timely completion.
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Section 22. Written Notification.
Except as otherwise specified in this Agreement, any notice, demand, request, consent, approval or communications that either party desires or is required to give to the other party shall be in writing and either served personally or sent by first class mail, postage prepaid and addressed as follows. Either party may change its address by notifying the other party in writing of the change of address. Notice shall be deemed communicated within two business days from the time of mailing if mailed within the State of California as provided in this Section.
If to City:
If to Consultant:
City of Colfax
33 S. Main Street
Colfax, CA 95713
Foothill Properties
PO Box 153
204 S. Auburn St., Suite
2 Colfax, Ca 95713
Section 23. Execution.
This Agreement may be executed in original counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one original counterpart is signed by both parties hereto. In proving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
Section 24. Successors.
This Agreement shall be binding on and inure to the benefit of the respective parties hereto except to the extent of any contrary provision in this Agreement.
Section 25. Attorney's Fees.
If any party to this Agreement commences legal proceedings to enforce any of its terms or to recover damages for its breach, the prevailing party shall be entitled to recover its reasonable attorney’s fees, costs and the expenses of expert witnesses, including any such fees costs and expenses incurred on appeal.
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IN WITNESS WHEREOF, the parties hereby have executed this Agreement on the day first above written:
CITY CONSULTANT
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
APPROVED AS TO FORM:
______________________________________
City Attorney
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City of Colfax Adopt Records Retention Schedules
Staff Report February 8, 2023
Staff Report to City Council
FOR THE FEBRUARY 8, 2023, REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Wes Heathcock, City Manager
Marguerite Bailey, City Clerk
Subject: Records Retention Schedule
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
The City is upgrading its records management program, including its records retention policies. The adoption of this retention schedule will result in efficiency gains and cost savings. The current Records Retention Schedule adopted by Resolution 34-2004 needs to be updated.
Colfax selected Gladwell Governmental Services, Inc., an expert in local government records, to upgrade its records management program. An upgrade in the existing program was necessary to reduce current and future records storage costs, eliminate duplication of effort, increase efficiency and take advantage of current technology and changes in law.
The upgrade of the current records management systems are driven by many factors, including:
• Very limited space in City facilities
• Many departments are filing and storing copies of the same records • Colfax produces and manages many permanent records
• Escalating records storage expenses
• Technology advancements
• Changes in law
The purpose of the program is to apply efficient and economical methods to the creation, utilization, maintenance, retention, preservation and disposal of all records managed by the City.
The retention periods are in compliance with all laws and are standard business practice for California cities.
The new retention schedules were written interactively with representatives from all departments participating in the project. They provide clear, specific records descriptions and retention periods, and apply current law and technology to the management of City records. By identifying which department is responsible for maintaining the original record, and by establishing clear retention periods for different categories of records, Colfax will realize significant savings in labor costs, storage costs, free filing cabinet and office space, and realize operational efficiencies.
RECOMMENDED ACTION: Adopt Resolution ___-2023 and the Records Retention Schedules. 3E40
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City of Colfax Adopt Records Retention Schedules
Staff Report February 8, 2023
It is standard business practice for California cities to authorize the routine destruction of records that have exceeded their adopted retention period, upon the request of the Department Head and with the consent in writing of the Department Head, City Clerk and City Attorney, which is provided in Section 2 of the resolution.
This will reduce costs and improve efficiency for the City.
It is also standard business practice for California cities to authorize updates to the schedule without further action of the City Council, which is provided in Section 3.
Fiscal Impacts
Colfax will realize significant savings both in labor and storage expenses; including the avoidance of future storage and/or construction costs.
Attachments:
1. Resolution __- 2023
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2. Exhibit A Retention Schedules
_________________________________________________________________________________________ City of Colfax Adopting a Records Retention Schedule
Resolution _-2023
City of Colfax
City Council
Resolution № __-2023
ADOPTING A RECORDS RETENTION SCHEDULE, AUTHORIZING DESTRUCTION OF CERTAIN
CITY RECORDS
WHEREAS, the maintenance of numerous records is expensive, slows document retrieval, and is not necessary after a certain period of time for the effective and efficient operation of the government of the City of Colfax; and WHEREAS, Section 34090 of the Government Code of the State of California provides a procedure whereby any City record which has served its purpose and is no longer required may be destroyed; and WHEREAS, the City of Colfax previously adopted Resolution No. 34-2004, approving Records Retention Schedules;
NOW THEREFORE, BE IT RESOLVED BY the City Council of the City of Colfax as follows:
1. Resolution No. 34-2004 is hereby repealed.
2. The records of the City of Colfax, as set forth in the Records Retention Schedule Exhibit A, attached hereto and incorporated herein by this reference, are hereby authorized to be destroyed as provided by Section 34090 et seq. of the Government Code of the State of California and in accordance with the provision of said schedule upon the request of the Department Head and with the consent in writing of the Department Head, City Clerk and City Attorney, without further action by the City Council of the City of Colfax.
3. Updates are hereby authorized to be made to the Records Retention Schedule, without any further action by the City Council, with the consent of the Department Head, City Clerk, City Attorney and City Manager.
4. The term “records” as used herein shall include documents, instructions, books, microforms, electronic files, magnetic tape, optical media, or papers; as defined by the California Public Records Act.
5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
6. This resolution shall become effective immediately upon its passage and adoption.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at a regular meeting of the City Council of the City of Colfax held on the 8th of February, 2023 by the following vote of the Council:
AYES:
NOES:
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_________________________________________________________________________________________ City of Colfax Adopting a Records Retention Schedule
Resolution _-2023
ABSTAIN:
ABSENT:
________________________________________
Trinity Burruss, Mayor
ATTEST:
________________________________________
Marguerite Bailey, City Clerk
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HOW TO USE RETENTION SCHEDULES
©1995-2023 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission A legend explaining the information presented in the retention schedule has been printed on the back of each page for your easy reference; an index to locate records is also provided.
The specified retention period applies regardless of the media of the record: If a record is stored on paper and a computer file on a hard drive, both records should be destroyed (or erased) after the specified period of time has elapsed.
Copies or duplicates of records should never be retained longer than the prescribed period for the original record.
STRUCTURE: CITYWIDE, DEPARTMENTS & DIVISIONS
The City-wide retention schedule includes those records all departments have in common (letters, memorandums, purchase orders, etc.). These records are NOT repeated in the Department retention schedule, unless that department is the Office of Record, and therefore responsible for maintaining the original record for the prescribed length of time.
Each department has a separate retention schedule that describes the records that are unique to their department, or for which they are the Office of Record. Where appropriate, the department retention schedules are organized by Division within that Department. If a record is not listed in your department retention schedule, refer to the City-wide retention schedule. An index will be provided for your reference.
BENEFITS
This retention schedule has been developed by Diane R. Gladwell, MMC, an expert in Municipal Government records, and will provide the City with the following benefits:
• Reduce administrative expenses, expedite procedures
• Free filing cabinet and office space
• Reduce the cost of records storage
• Eliminate duplication of effort within the City
• Find records faster
• Easier purging of file folders
• Determine what media should be used to store records
For questions, please contact the City Clerk.
AUTHORIZATION TO DESTROY RECORDS:
Destruction of an original record that has exceeded its retention period must be authorized according to City Policies & Procedures prior to destroying it.
• If there is a minimum retention (“Minimum 2 years"), destruction of the document must be authorized before it is destroyed, as it is an original record.
Copies, drafts, notes and non-records do NOT require authorization, and can be destroyed “When No Longer Required.”
• If there is NOT a minimum retention ("When No Longer Required"), it does NOT need to be authorized prior to destruction, as it is a preliminary draft / transitory record or a copy.
On every page of the schedules (near the top, just under the column headings) are important instructions, including instructions regarding holds on destroying records. “Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).”
3E44
Exhibit A
RECORDS RETENTION SCHEDULE LEGEND
©1995 – 2023 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission OFR (Office of Record): The department that keeps the original or “record copy.” Usually it is the department that originates the record, unless the item is for a City Council meeting (then it is the City Clerk.)
Records Description: The record series (a group of like records).
Transitory Records not retained in the ordinary course of business, that do NOT have substantive content: Preliminary drafts, notes, or interagency or intraagency memoranda and records having only transitory value. Examples: Telephone messages, meeting room reservation schedules, logs, source records entered into a computer system that qualifies as a “trusted system”, etc.
Non-Record: Documents, studies, books and pamphlets produced by outside agencies, preliminary drafts not retained in the ordinary course of business.
Retention/Disposition: Active: How long the file remains in the immediate office area (guideline) Inactive: How long the file is in off-site storage, stored on Optical Disk or Microforms (guideline) Total Retention: The total number of years the record will be retained For file folders containing documents with different retention timeframes, use the document with the longest retention time.
P = Permanent
Indefinite = No fixed or specified retention period; used for databases, because the data fields are interrelated.
Vital? = Those records that are needed for basic operations in the event of a disaster.
Media Options (guideline) – the form of the record: Mag = Electronic Computer Magnetic Media (Hard drives, Networks, USB Drives, Cloud, etc.) Mfr = Microforms (aperture cards, microfilm, microfiche, or jackets) Ppr = Paper
OD = Optical Disk, CD-r, DVD-r, WORM, or other media which does not allow changes Scan / Import (guideline): “S” indicates the record should be scanned into the document imaging system; “I” indicates the record should be electronically imported into the document imaging system; “M” indicates the record should be microfilmed
Destroy Paper after Imaged & QC’d / Trustworthy Electronic Record: “Yes” indicates the electronic record may serve as the OFFICIAL record (and the paper version may be destroyed, or the record may be electronically generated and never exist in paper format;) IF (legal requirements) the document has been imaged (electronically generated, scanned or imported and placed on Unalterable Media, Immutable Cloud Media, DVD-R, CDR, Blue-ray-R, or WORM – Write Once Read Many Media, or microfilmed) which is stored in a safe & separate location, and both the images and indexing Quality Checked (“QC’d”). The electronic record or image must contain all significant details from the original and be an adequate substitute for the original document for all purposes, and other legal mandates apply. Includes all electronic records which are to serve as the Official Record.
Legend for legal citations (§: Section) B&P: Business & Professions Code (CA) CBC: California Building Code CC: Civil Code (CA) CCP: Code of Civil Procedure (CA) CCR: California Code of Regulations (CA) CFC: California Fire Code CFR: Code of Federal Regulations (US) EC: Elections Code (CA) EVC: Evidence Code (CA) FA: Food & Agriculture Code FC: Family Code (CA) FTB: Franchise Tax Board (CA) GC: Government Code (CA) H&S: Health & Safety Code (CA) HUD: Housing & Urban Develop. (US) LC: Labor Code (CA) Ops. Cal. Atty. Gen..: Attorney General Opinions (CA) PC: Penal Code (CA) PRC Public Resources Code R&T: Revenue & Taxation Code (CA) UFC: Uniform Fire Code USC: United States Code (US) VC: Vehicle Code (CA) W&I: Welfare & Institutions Code (CA)
3E45
Exhibit A
Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-1 Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule.
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Human
Resources /
Risk
Management
CW-001 Accident Reports / Incident Reports (Members
of the Public - Whether or Not a Claim is Filed)
Send to Risk
Management
Mag,
Ppr GC §34090
Finance /
Accounts
Payable
CW-002 Accounts Payable / Invoices and Backup
When No
Longer
Required
Yes: Until
Paid
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Departments scan invoices to Finance
database, which meets regulations for
Trustworthy Electronic Records. Finance is
the Office of Record; CCP §337 et. seq.;
GC §34090.7
Lead Dept. CW-003
Agreements & Contracts ADMINISTRATION
(WITHOUT Grant Funding)
(Insurance Certificates, Project Administration,
Certified Payrolls, RFP - Request for Proposal,
etc.)
Send all Final Agreements or Contracts to the
City Clerk
Completion +
10 years
Yes: Before
Completion
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
City preference; Covers E&O Statute of
Limitations; Published Audit Standards=4-7
years; Statute of Limitations: Contracts &
Spec's=4 years, Wrongful Death=comp. + 5
years, Developers=comp. + 10 years;
Statewide guidelines propose termination +
5 years; CCP §337 et. seq., GC §34090
Lead Dept. CW-004
Agreements & Contracts: ADMINISTRATION
(WITH Grant Funding)
(Insurance Certificates, Project Administration,
Certified Payrolls, RFP - Request for Proposal.)
Send all Final Agreements or Contracts to the
City Clerk
Completion +
10 years or
After Funding
Agency Audit,
if required,
whichever is
longer
Yes: Before
Completion
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Some grant funding agencies require
audits; Statute of Limitations for Errors &
Omissions is 10 years; Statute of
Limitations: Contracts & Spec's=4 years,
Wrongful Death=comp. + 5 years,
Developers=comp. + 10 years; CCP §337
et. seq., 2 CFR 200.334; 24 CFR 91.105(h),
92.505, & 570.502(b), 29 CFR 97.42; OMB
Circular A-133GC §34090
Lead Dept. CW-005
Agreements & Contracts: UNSUCCESSFUL
BIDS, PROPOSALS or RESPONSES to RFPs
(Request for Proposals) and/or RFQs (Request
for Qualifications) that don't result in a contract
2 years Mag,
Ppr
Yes: After
QC & OD GC §34090
CITY-WIDE (Used by All Departments)
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E46
Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-2 Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule.
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
CITY-WIDE (Used by All Departments)
CW-006
Boards, Commissions, & Committees:
External Organizations - Agendas, Minutes,
Resolutions, or other documents
(e.g. County Board of Supervisors)
When No
Longer
Required
Mag,
Ppr Non-records
Staffing Dept. CW-007
Boards, Committees, Commissions, Ad-Hoc
Committees: Citizen Advisory Created by the
City Council - AGENDAS & STAFF REPORTS
Minimum 2
years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD Department Preference; GC §34090 et seq.
Staffing Dept. CW-008
Boards, Committees, Commissions, Ad-Hoc
Committees: Citizen Advisory Created by the
City Council - AUDIO RECORDINGS
2 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD Department Preference; GC §34090.6
Staffing Dept. CW-009
Boards, Committees, Commissions, Ad-Hoc
Committees: Citizen Advisory Created by the
City Council - MINUTES
P
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD GC §34090
Staffing Dept. CW-010
Committees: City Council Subcommittees,
AGENDAS and MINUTES Bike Park, Skate
Park, Council Policy, ISO, Youth Commission
Selection, Colfax Youth Commission
Subcommittees
2 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Only Citizen Advisory Boards appointed by
the City Council must retain minutes
permanently (Council Subcommittees
present their recommendations to the full
Council); GC §34090 et seq.
Staffing Dept. CW-011
Committees: Employee Committees, Employee
Staff Meetings / Department Staff Meetings
AGENDAS and MINUTES
2 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Only Citizen Advisory Boards appointed by
the City Council must retain minutes
permanently (Council Subcommittees
present their recommendations to the full
Council); GC §34090 et seq.
Lead
(Responding)
Dept.
CW-012 Complaints / Concerns from Citizens
(Excludes Peace Officers)
Minimum 2
years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
City preference; Statute of Limitations for
personal property, fraud, etc. is 3 years;
Claims must be filed in 6 months; CCP
§§338 et seq., 340 et seq., 342, GC
§34090
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E47
Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-3 Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule.
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
CITY-WIDE (Used by All Departments)
Lead Dept. CW-013 Copies or duplicates of any record
Copies -
When No
Longer
Required
Mag Ppr GC §34090.7
Dept. that
Authors
Document
or
Receives the
City's Original
Document
CW-014
Correspondence - ROUTINE (Content relates
in a substantive way to the conduct of the
public's business)
(e.g. Letters, Memorandums, Administrative,
Chronological, General Files, Reading File,
Working Files, etc.)
2 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD GC §34090
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E48
Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-4 Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule.
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
CITY-WIDE (Used by All Departments)
Dept. that
Authors
Document
or
Receives the
City's Original
Document
CW-015
Correspondence - TRANSITORY /
PRELIMINARY DRAFTS, Interagency and
Intraagency Memoranda NOT retained in the
ordinary course of business
Content NOT Substantive, or NOT made or
retained for the purpose of preserving the
informational content for future reference
(e.g. calendars, checklists, e-mail, social media
posting, employee directories, flyers, invitations,
instant messaging, inventories, logs, mailing
lists, meeting room registrations, speaker cards,
staff videoconference chats, notes and
recordings, supply inventories, staff
videoconferences, chats, notes, recordings,
telephone messages, text messages,
transmittal letters, thank yous, requests from
other cities, preliminary notices for construction
projects, undeliverable envelopes, visitors logs,
voice mails, webpages, etc.)
When No
Longer
Required
Mag,
Ppr
Electronic and paper records are filed and
retained based upon their CONTENT.
Records, e-mails, electronic records, or
social media postings where the Content
relates in a substantive way to the
conduct of the public's business, or that
ARE made or retained for the purpose
of preserving the informational content
for future reference are saved by printing
them out and placing in a file folder, or
saving them electronically in a folder
outside the e-mail system; If not mentioned
here, consult the City Attorney to determine
if a record is considered transitory /
preliminary drafts. GC §34090, GC §6252;
64 Ops. Cal. Atty. Gen. 317 (1981)); City of
San Jose v. Superior Court (Smith).
S218066. Supreme Court of California,
2017
Lead Dept. CW-016 Drafts & Notes: Drafts that are revised (retain final version)
When No
Longer
Required
Mag,
Ppr
As long as the drafts and notes are not
retained in the "Regular Course of
Business". Consult the City Attorney to
determine if a record is considered a draft.
GC §§34090, 6252, 6254(a)
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
49 Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-5 Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule.
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
CITY-WIDE (Used by All Departments)
Lead Dept. CW-017 GIS Database / Data / Layers (both City-wide and Specialized)
When No
Longer
Required
Yes Mag
The Lead Department should print out
historical documents (or save source data)
prior to replacing the data, if they require
the data or output for historical purposes;
Department Preference (Preliminary
documents); GC §34090 et seq.
Lead Dept. CW-018 Grants (UNSUCCESSFUL Applications,
Correspondence) 2 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD GC §34090
Lead Dept. CW-019 Grant Applications funded by the City's General Fund (Covid-19, etc.) 2 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Finance maintains payable information in
Accounts Payable; GC §34090
Lead Dept. CW-020
Grants / CDBG (Community Development Block
Grant) / Reimbursable Claims / FEMA
Reimbursements / OES Reimbursements
(SUCCESSFUL Reports, other records required
to pass the funding agency's audit, if required)
Applications (successful), grant agreement,
copies of invoices, program rules, regulations &
procedures, reports to grant funding agencies,
correspondence, audit records, completion
records
After Funding
Agency Audit,
if required -
Minimum 5
years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Meets auditing standards; Grants covered
by a Consolidated Action Plan are required
for 5 years; Uniform Admin. Requirements
for Grants to Local Governments is 3 years
from expenditure report or final payment of
grantee or subgrantee; statewide guidelines
propose 4 years; 2 CFR 200.334; 24 CFR
91.105(h), 92.505, 570.490, &
570.502(a&b), 29 CFR 97.42; OMB Circular
A-110 & A-133; GC §34090
Lead Dept. CW-021 Newspaper Clippings
When No
Longer
Required
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Non-records - may be obtained from the
newspaper company; GC §34090
Human
Resources CW-022 Personnel Files (Department Copies)
Separation or
Transfer + 3
years
Before
Annual
Evaluation
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Notes maintained in a separate folder to be
incorporated into performance evaluation,
or to document progressive discipline; GC
§34090 et seq.
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
50 Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-6 Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule.
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
CITY-WIDE (Used by All Departments)
Lead Dept. CW-022 Personnel Files (Supervisor's Notes)
Shred After
Incorporation
into
Performance
Evaluation or
Documented
Discipline
Before
Annual
Evaluation
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Notes maintained in a separate folder to be
incorporated into performance evaluation,
or to document progressive discipline; GC
§34090 et seq.
Lead Dept. CW-023 Photographs
When No
Longer
Required
Mag,
Ppr
Preliminary Drafts; destroy unnecessary
photographs. GC §§34090, 6252, 6254(a)
Lead Dept.
(Who Uses the
Vehicle)
CW-024
Pre-Trip Inspections / Vehicle Safety Checks /
Daily Vehicle Inspections / Daily Equipment
Checks
2 years Ppr GC §34090; 13 CCR 1234(c)
Lead Dept. CW-025 Public Relations / Press Releases 2 years Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD GC §34090
Lead Dept.
(Who Ordered
the Appraisal)
CW-026 Real Estate Appraisal Reports: Property NOT
purchased, Loans not funded, etc. 2 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Not accessible to the public; Statewide
Guidelines show 2 years; GC §§34090,
6254(h)
Lead Dept.
(Who Ordered
the Appraisal)
CW-027 Real Estate Appraisal Reports: Purchased
Property, Funded Loans
Minimum 5
years
Yes: Before
Purchase
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Not accessible to the public until purchase
has been completed; meets grant auditing
requirements; 2 CFR 200.334; 24 CFR
91.105(h), & 570.502(b); 29 CFR 97.42, GC
§34090
CW-028
Reference Materials: Policies, Procedures,
Brochures, Flyers, Manuals, Newsletters, etc:
Produced by OUTSIDE ORGANIZATIONS
(League of California Cities, Chamber of
Commerce, etc.)
When No
Longer
Required
Mag,
Ppr Non-Records
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E51
Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-7 Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule.
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
CITY-WIDE (Used by All Departments)
Lead Dept. CW-029
Reference Materials: Policies, Procedures,
Brochures, Flyers, Manuals, Newsletters,
Administrative Policies, etc: Produced by
YOUR Department
Minimum 2
years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Statewide guidelines propose superseded +
2 or 5 years; GC §34090
Lead Dept. CW-030
Reference Materials: Policies, Procedures,
Brochures, Flyers, Manuals, Newsletters,
Administrative Policies, etc: Produced by
OTHER Departments
When
Superseded
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD Copies; GC §34090.7
Lead Dept. CW-031 Reports and Studies (Historically significant - e.g., Zoning Studies) P
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Administratively and Historically significant,
therefore retained permanently; GC §34090
Lead Dept. CW-032 Reports and Studies (other than Historically significant reports - e.g. Annual Reports) 10 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Information is outdated after 10 years;
statewide guidelines propose 2 years; If
historically significant, retain permanently;
GC §34090
Lead Dept. CW-033 Special Projects / Subject Files / Issue Files Minimum 2 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD Department Preference; GC §34090 et seq.
Lead Dept. CW-034
Surveys / Questionnaires (that the City issues).
If a summary of the data is compiled, the survey
forms are considered a draft or transitory
record, and can be destroyed as drafts (When
No Longer Required)
2 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD GC §34090
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E52
Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-8 Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule.
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
CITY-WIDE (Used by All Departments)
Lead Dept. CW-035
Training Presented by City Staff - COURSE
RECORDS
(Attendance Rosters, Outlines and Materials;
includes Ethics, Harassment, & Safety Training
& Tailgates)
5 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Department preference; Ethics Training is 5
years; Statewide guidelines propose 7
years; Calif. Labor Division is required to
keep their OSHA records 7 years;
EEOC/FLSA/ADEA (Age) requires 3 years
for promotion, demotion, transfer, selection,
or discharge; State Law requires 2 -3 years
for personnel actions; 8 CCR §3203 et
seq., 29 CFR 1627.3(b)(ii), LC §6429(c);
GC §§12946, 34090, 53235.2(b)
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
53 Ver. 2.0 RECORDS RETENTION SCHEDULE: BUILDING & CODE ENFORCEMENT Page BL-1 Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
BUILDING & SAFETY
Building &
Safety BL-001 Address Files / Building Permits P Yes (all) Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD GC §34090, H&S §19850
Building &
Safety BL-002 Building Permit Database (Excel) Indefinite Yes (all) Mag Department Preference - Data is interrelated; GC §34090, H&S §19850 Building &
Safety BL-003 Building Plans - Cancelled or Withdrawn
Minimum
Cancelled or
Withdrawn
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Department preference; Preliminary
drafts not retained in the ordinary course
of business; CBC §104.7; H&S§19850,
GC §34090
Building &
Safety BL-004 Building Plans - Expired P
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Department preference; CBC §104.7;
H&S§19850, GC §34090
Building &
Safety BL-005 Building Plans - Finalled - TENANT
IMPROVEMENTS P Yes (all)
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Department Preference; Law requires for
the life of the building for commercial and
common interest dwellings only; CBC
104.7 & 107.5, H&S§19850, GC §34090
Building &
Safety BL-006
Building Plans - Finalled - INDUSTRIAL,
COMMERCIAL, MULTI-FAMILY DWELLINGS,
PLACES OF PUBLIC ACCOMMODATION
P Yes (all)
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Department Preference; Law requires for
the life of the building for commercial and
common interest dwellings only; CBC
104.7 & 107.5, H&S§19850, GC §34090
Building &
Safety BL-007
Building Plans - Finalled - SINGLE FAMILY
RESIDENTIAL - SFR and APPURTENANCES
Energy Calculations, Structural Calculations
P Yes (all)
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Department preference; State law
requires plans need not be filed for
dwellings less than 2 stories, garages &
appurtenances, farms/ranches, 1-story
with bearing walls less than 25'; CBC
requires 180 days from completion date;
CBC 104.7 & 107.5, H&S§19850, GC
§34090
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E54
Ver. 2.0 RECORDS RETENTION SCHEDULE: BUILDING & CODE ENFORCEMENT Page BL-2 Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Building &
Safety BL-008 California Building Codes / Uniform Building Codes Minimum
While
Ordinance is
in Force
Mag,
Mfr, OD,
Ppr
S
Yes: After
QC & OD GC §50022.6
Building &
Safety BL-009 Certificate of Occupancy (CofO) P Yes (all) Mag,
Mfr, OD,
Ppr
S
Yes: After
QC & OD Department Preference; GC §34090
Building &
Safety BL-010
Copyright Release Forms / Requests &
Permissions to Receive Copies of Plans (to and
from Architects)
2 years
Mag,
Mfr, OD,
Ppr
S
Yes: After
QC & OD
Department Preference (kept with the
Building Permit file); GC §34090
Building &
Safety BL-011 Correction Notices When Permit is Finalled Mag,
Mfr, OD,
Ppr
S
Yes: After
QC & OD
Department Preference (Preliminary
Drafts); GC §34090
Lead Dept. BL-012 Emergency Plans, Hazardous Materials Response Plans, etc.
Minimum 2
years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Statewide guidelines propose
superseded + 2 or 5 years; GC §34090
Building &
Safety BL-013 Geotechnical and Soils Reports (all) P
Mag,
Mfr, OD,
Ppr
S/I Yes: After
QC & OD Department Preference; GC §34090
Building &
Safety BL-014 Plan Check Comments (Site Plan File) When Permit is Finalled Mag,
Mfr, OD,
Ppr
S
Yes: After
QC & OD
Department Preference (Preliminary
Drafts); GC §34090
Building &
Safety BL-015 Stop Work Notices, Correction Notices After Permit is Finalled Mag,
Mfr, OD,
Ppr
S
Yes: After
QC & OD
Department Preference (Preliminary
Drafts); GC §34090
CODE ENFORCEMENT
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E55
Ver. 2.0 RECORDS RETENTION SCHEDULE: BUILDING & CODE ENFORCEMENT Page BL-3 Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Code Enforce. BL-016
Code Enforcement / Abatement Case Files
(Includes appeals and Code Enforcement
Complaint Letters)
Send all Liens and Lien Releases to the City Clerk
Minimum 2
years
Yes: Until
Resolution Mag, Ppr Department preference; GC §34090
Code Enforce. BL-017 Notice of Violations / Code Enforcement Citations Minimum 2 years
Mag,
Mfr, OD,
Ppr
S/I
Yes:
When
Inactive
Department preference; GC §34090
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
56 Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY ATTORNEY Page CA-1 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged
& QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).
CITY ATTORNEY
City
Attorney CA-001 Advice Files / Attorney Work Product (Notes, etc.) Minimum 2
years
Yes: Until
Settlement
Mag, Mfr,
OD, Ppr S / I
Yes:
After QC
& OD
Department Preference; GC §34090 et seq.
City
Attorney CA-002 Amicus Briefs Minimum 2 years
Mag, Ppr Department preference; GC §34090
City
Attorney CA-003
Claims Against the City
(City Clerk receives the claim form, and
forwards it to the City Attorney, then the
Insurer / Third Party Administrator (TPA))
5 years Yes: Until
Resolution
Mag, Mfr,
OD, Ppr S / I
Yes:
After QC
& OD
Department Preference; Claim must be filed
within 1 year, lawsuit within 2 years; complaints
against peace officers within 5 years; CCP §337
et seq.; GC §§911.2, 34090, 34090.6; PC
§832.5(b)
City
Attorney CA-004 Lawsuits / Litigation Resolution + 5 years Yes: Until
Resolution
Mag, Mfr,
OD, Ppr S / I
Yes:
After QC
& OD
Department Preference; Claim must be filed
within 1 year, lawsuit within 2 years; complaints
against peace officers within 5 years; CCP §337
et seq.; GC §§911.2, 34090, 34090.6; PC
§832.5(b)
City
Attorney CA-005 Subject / Project Files Minimum 2 years Mag, Ppr Department preference; GC §34090
COLFAX, CA. ©1995 - 2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
57 Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-1 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
City Clerk CC-001
Affidavits of Publications / Affidavits of Posting
Notices / Legal Advertising / Notices / Proofs of
Publications / Public Hearing Notices
2 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Brown Act challenges must be filed within 30
or 90 days of action; Statute of Limitations
on Municipal Government actions is 3 - 6
months; GC §§34090, 54960.1(c)(1)
City Clerk CC-002 Agenda Packets: City Council, Planning Commission P
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department preference; GC §34090 City Clerk CC-003
Agreements & Contracts - ALL
(INFRASTRUCTURE, OR IF IMAGED, JPAs,
MOUs)
Agreement or Contract includes all contractual
obligations (e.g. Specifications and Successful
Proposal or Scope of Work)
Examples of Infrastructure: Architects, Buildings,
bridges, covenants, development, environmental, Joint
Powers, MOUs, park improvements, property & property
restrictions, redevelopment, reservoirs, sewers,
sidewalks, street & alley improvements, settlement,
subdivisions, utilities, water, etc.
P
Yes: Before
Completion
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; All infrastructure
contracts should be permanent for
emergency preparedness; Statute of
Limitations is 4 years; 10 years for Errors &
Omissions; land records are permanent by
law; CCP §337 et. seq., GC §34090;
Contractor has retention requirements in 48
CFR 4.703
CITY CLERK
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
3E
58 Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-2 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
CITY CLERK
City Clerk CC-004
Agreements & Contracts - ALL (NONINFRASTRUCTURE, Professional Services Agreements, Tenant / Lease Agreements -
NOT IMAGED)
Agreement or Contract includes all contractual
obligations (e.g. Specifications and Successful
Proposal or Scope of Work)
Examples of Non-Infrastructure: Consultants,
Franchises, Landscaping, Painting, Slurry Seals
(Paving), Tree Trimming, Leases, Personnel,
Professional Services, etc.
Completion
+ 10 years
Yes: Before
Completion
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; Statute of
Limitations is 4 years; 10 years for Errors &
Omissions; land records are permanent by
law; CCP §§337. 337.1(a), 337.15, 343; GC
§34090, Contractor has retention
requirements in 48 CFR 4.703(a)
City Clerk CC-005 Board & Commission / Committee Maddy Act Lists / Vacancy Notices 2 years Mag, Ppr Yes: After QC & OD GC §34090 City Clerk
Bonds: CIP Labor & Materials, Performance
Bonds, Letters of Credit, Encroachment Permits
Only
Release of
Bond / Letter
of Credit
Mag, Mfr,
OD, Ppr S
Yes: After
QC & OD Security; GC §34090
City Clerk CC-006 City Articles of Incorporation P
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department preference; GC §34090 City Clerk CC-007 Claim Forms 2 years Yes: Until
Settlement
Mag, Mfr,
OD, Ppr S
Yes: After
QC & OD
City Attorney retains full claim file; GC
§34090
City Clerk CC-008
Filing System / Subject Files / Function Filing
System - HISTORICALLY SIGNIFICANT, LAND,
PLANNING, CAPITAL IMPROVEMENT
INFRASTRUCTURE PROJECTS
P Mag, Ppr Yes: After
QC & OD Department preference; GC §34090
City Clerk CC-009 Filing System / Subject Files / Function Filing System - NOT HISTORICALLY SIGNIFICANT
Minimum 2
years
Mag, Ppr Yes: After
QC & OD Department preference; GC §34090
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
3E
59 Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-3 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
CITY CLERK
City Clerk CC-010
FPPC Economic Interest Filings (FPPC 700
Series Forms - Statement of Economic Interests):
ALL
7 years Mag, Mfr,
OD, Ppr S / I Yes: After 2 years
City maintains original statements; GC
§81009(d)(e)(f)&(g)
City Clerk CC-011 FPPC Form 801 (Gift to Agency Report) 7 years Mag, Ppr S / I Yes: After 2 years Must post on website; GC §81009(e)
City Clerk CC-012 FPPC Form 802 (Event Ticket / Pass
Distributions Agency Report) 7 years Mag, Ppr S / I Yes: After 2 years Should post on website for 4 years; GC
§81009(e)
City Clerk CC-013 FPPC Form 803 (Behested Payment Report) 7 years Mag, Ppr S / I Yes: After 2 years GC §81009(e)
City Clerk CC-014 FPPC Form 806 (Agency Report of Public Official Appointments) 7 years Mag, Ppr S / I Yes: After 2 years Must post on website; 2 CCR 18705.5; 2
CCR 18702.5(b)(3); GC §34090; GC
§81009(e)
City Clerk CC-014 Campaign Filings (FPPC 400 Series Forms & Form 501): UNSUCCESSFUL CANDIDATES 5 years Mag, Mfr,
OD, Ppr S / I Yes: After 2 years
Paper must be retained for at least 2 years;
GC §81009(b)&(g)
City Clerk CC-015
Campaign Filings (FPPC 400 Series Forms &
Form 501): SUCCESSFUL CANDIDATES
(Elected Officials)
P
Mag, Mfr,
OD, Ppr S / I Yes: After 2 years
Paper must be retained for at least 2 years;
GC §81009(b)&(g)
City Clerk CC-016
Campaign Filings (FPPC 400 Series Forms):
THOSE NOT REQUIRED TO FILE ORIGINAL
WITH CITY CLERK (copies)
4 years Mag, Mfr,
OD, Ppr S / I Yes: After 2 years
Paper must be retained for at least 2 years;
GC §81009(f)&(g)
City Clerk CC-017
Campaign Filings (FPPC 400 Series Forms):
OTHER COMMITTEES (PACS - not candidatecontrolled)
7 years Mag, Mfr,
OD, Ppr S / I Yes: After 2 years
Paper must be retained for at least 2 years;
GC §81009(c)&(g)
City Clerk CC-018
Candidate File: Nomination Papers, Candidate
Statement Forms, Ballot Designation Forms, etc. -
SUCCESSFUL CANDIDATES
Term of
Office + 4
years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; Statewide
guidelines proposes 4 years for successful
candidates, 2 years for unsuccessful; CA law
states term of office and 4 years after the
expiration of term and does not delineate
between the two; EC §17100
CITY CLERK ELECTIONS (CONSOLIDATED)
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
3E60
Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-4 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
CITY CLERK
City Clerk CC-019
Candidate File: Nomination Papers, Candidate
Statement Forms, Ballot Designation Forms, etc. -
UNSUCCESSFUL CANDIDATES
Election + 4
years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Statewide guidelines proposes 4 years for
successful candidates, 2 years for
unsuccessful; CA law states term of office
and 4 years after the expiration of term and
does not delineate between the two; EC
§17100
City Clerk CC-020
Elections - GENERAL, WORKING or
ADMINISTRATION Files (Correspondence,
Applications to fill a Vacancy on the City Council,
Precinct Maps, County Election Services,
Candidate Statements to be printed in the Sample
Ballot, Polling Locations and Precinct Board
Members, Notices, Postings, etc.)
Minimum 2
years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD GC §34090
City Clerk CC-021 Elections - Petitions (Initiative, Recall or Referendum) - IF SUFFICIENT
Results + 8
months Ppr
Not accessible to the public; The 8 month
retention applies after election results, or
final examination if no election, unless there
is a legal or FPPC proceeding. EC
§§17200(b)(3), 17400
City Clerk CC-022 Elections - Petitions (Initiative, Recall or Referendum) - IF INSUFFICIENT
Final
Examination
+ 1 year
after petition
examination
Ppr
Not accessible to the public; The 8 month
retention applies after election results, or
final examination if no election, unless there
is a legal or FPPC proceeding. EC
§§17200(b)(3), 17400
(End of Elections Section)
City Clerk CC-023 Enterprise System Catalogue (Listing of Enterprise-wide Software, posted on line)
When
Superseded Yes Mag. GC §34090 et seq.
City Clerk CC-024
Historical Records, Photographs, & Historical
Projects (e.g. City Anniversaries, Incorporation,
City Seal, Awards of significant historical interest,
Grand Openings, etc.)
P
Mag, Mfr,
OD, Ppr S / I Yes: After QC'd & OD
City Clerk determines historical significance;
records can address a variety of subjects
and media. Some media (e.g. audio and
video tape) may be limited because of the
media's life expectancy; GC §34090
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
3E61
Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-5 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
CITY CLERK
City Clerk CC-025 Minutes: City Council, Planning Commission P Mag, Mfr,
OD, Ppr S / I No GC §34090(e)
City Clerk CC-026
Oath of Office / Appointments / Oath for Disaster
Worker: ALL - City Council, Boards and
Commissions
Separation +
4 years
Mag, Mfr,
OD, Ppr S / I Yes: After QC'd & OD
Department Preference; Statute of
Limitations: Public official misconduct is
discovery of offense + 4 years, GC
§§36507, 34090; PC §§801.5, 803(c); 29
USC 1113
City Clerk CC-027 Ordinances P
Mag, Mfr,
OD, Ppr S / I No GC §34090(e)
City Clerk CC-028 Proclamations / Commendations / Memoriums / Recognitions, etc. 2 years Mag, Mfr, OD, Ppr S / I Yes: After QC'd & OD GC §34090 City Clerk CC-029
Prop. 218 (Property-based fees - Sewer Fees,
Landscape Fees, etc.) Protest Letters / Ballots,
Tabulation
2 years Mag, Ppr GC §53753(e)(2)
City Clerk CC-030 Public Records Requests / Subpoenas Duces Tecum 2 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD GC §34090 City Clerk CC-031
Recorded Documents: Deeds, Easements, Right
of Ways, Abandonments / Vacation, Liens / Lien
Releases
P
Mag, Mfr,
OD, Ppr S / I No GC §34090(a)
City Clerk CC-032 Recordings: Audio or Video of City Council, Planning Commission
Minimum 4
years
Mag
Department preference; Audio Required for
30 days; GC §54953.5(b); video recordings
of meetings are required for 90 days; GC
§34090.6
City Clerk CC-033 Records Destruction Authorization Forms & Certifications (All Departments) 10 years Mag, Mfr, OD, Ppr S / I Yes: After QC'd & OD Department preference; GC §34090 COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
3E62
Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-6 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
CITY CLERK
City Clerk CC-034 Resolutions: City Council, Planning Commission P Mag, Mfr,
OD, Ppr S / I No GC §34090(e)
City Clerk CC-035 Secretary of State Statement of Facts / Registry of Public Officials 2 years Mag, Ppr GC §34090
City Clerk CC-036 Vehicle Titles / Pink Slips
Upon Sale
or Disposal
of Vehicle
Mag, Ppr Title is transferred to new owner or auction
house
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
3E
63 Ver. 3.0 RECORDS RETENTION SCHEDULE: CITY MANAGER Page CM-1 Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged
& QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
CITY MANAGER
City Manager CM-001 Hearing Officer Determinations (for appeals) 2 years Mag, Mfr, OD, Ppr S / I
Yes:
After
QC'd &
OD
GC §34090
City Manager CM-002 Projects / Subject Files (Subject will change over time)
Minimum 2
years
Mag, Ppr Department Preference; GC §34090 et seq.
Finance CM-003 Travel Arrangements
When No
Longer
Required
Mag, Mfr,
OD, Ppr S / I
Yes:
After
QC'd &
OD
Preliminary Drafts (Invoices are the final record
kept in Accounts Payable); GC §34090 et seq.
ECONOMIC DEVELOPMENT
City Manager /
Economic
Develop.
CM-004 Economic Development Projects / Business
Recruitment and Retention
Minimum 2
years
Mag, Ppr Department Preference; GC §34090 et seq.
ENVIRONMENTAL PROGRAMS
City Manager/
Environmental
Programs
CM-005 AB 939 Compliance / SB 1383 Compliance
(Organic Waste Collection and Recycling) 10 years Mag, Ppr Department preference; SB 1383 compliance is
required for 5 years; Low-Carbon Fuel Standard
regulations credits can be received for 10 years,
and are eligible for an extension; 14 CCR §
18995;.2 H&S §39730.7; GC §34090
City Manager/
Environmental
Programs
CM-006 Reports to Regulatory Agencies (California
Integrated Waste Management Board, etc.) 10 years Mag, Ppr Department Preference; GC §34090 City Manager/
Environmental
Programs
CM-007 Solid Waste Services / Hauler Quarterly
Reports 10 years Mag, Ppr Department Preference; GC §34090 City Manager/
Environmental
Programs
CM-008 Tonnage Reports 10 years Mag, Ppr Department Preference; GC §34090
LEGISLATIVE SERVICES
COLFAX, CA. ©1995 - 2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
64 Ver. 3.0 RECORDS RETENTION SCHEDULE: CITY MANAGER Page CM-2 Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged
& QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
City Manager /
Legislative CM-009
Legislative Advocacies, Support or
Opposition to proposed Federal or State
Legislation
Minimum 2
years
Mag, Ppr Department preference; GC §34090
COLFAX, CA. ©1995 - 2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E65
Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-1 Office of
Record
(OFR)
Retention No. Records Description Total Retention Vital? Media Options
Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
FINANCE / ACCOUNTS PAYABLE & PURCHASING
Finance /
Accounts
Payable &
Purchasing
FIN-001 1099's / 1096's 5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; IRS: 4 years
after tax is due or paid (longer for
auditing & contractor delinquency); Ca.
FTB: 3 years; 26 CFR §31.6001-1(e)(2),
R&T §19530, GC §34090; 29 USC 436
Finance /
Accounts
Payable &
Purchasing
FIN-002
Accounts Payable / Purchase Orders /
Invoices and Backup / Warrants / Refunds
/ Credit Card Statements / P-Card
Statements / Energy Rebates
(Includes Invoices, Travel Expense
Reimbursements, etc.)
10 years Yes: Until
Paid
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department preference; 5 years meets
municipal government auditing
standards and Statute of Limitations for
contracts; Purchasing preference for PCard Invoices (48 CFR 4.805 requires Federal Agencies to retain their
contracts, unsuccessful & successful
proposals 6 years after final payment);
CCP §337 et. seq.; GC §34090
Finance /
Accounts
Payable &
Purchasing
FIN-003 W-9s Vendor Inactive
+ 3 years
Yes: Until
Paid
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Meets IRS Auditing Standards (3 years
after the last payment to the vendor);
GC §34090
FINANCE / ACCOUNTS RECEIVABLE
Finance /
Accounts
Receivable
FIN-004
Accounts Receivable / Revenue / Business
Tax Receipts / Our Invoices to Outside
Entities: Insurance Companies, Franchise
Fees, DUI Billing, Transient Occupancy
Tax (TOT), Auctions of Surplus Property,
Credit Card Payment Receipts, etc.
5 years Yes: Until
Paid
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department preference; Meets auditing
standards; GC §34090 et seq.
Finance /
Accounts
Receivable
FIN-005 Checks and Credit Card Charges /
Settlements 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department preference; Meets auditing
standards; GC §34090 et seq.
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
66 Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-2 Office of
Record
(OFR)
Retention No. Records Description Total Retention Vital? Media Options
Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Finance /
Accounts
Receivable
FIN-006 Prop. 218 (Property-based fees - Solid
Waste, Water) Mailer / Notice
Superseded + 2
years
Mag, Ppr Department preference; GC
§53753(e)(2)
Finance /
Accounts
Receivable
FIN-007 Prop. 218 (Property-based fees - Solid
Waste, Water) Mailing List, Master File 2 years Mag, Ppr GC §53753(e)(2)
FINANCE / DEBT SERVICES
Finance /
Debt Services FIN-008
Bonds & Bond Sales / Official Statements /
Transcripts / Certificates of Participations
(COPs) - Includes Continuing Disclosure
Reports
See Bank Statements for statement
retention.
Fully Defeased +
10 years
Yes: Until
Maturity Mag, Ppr
Department Preference; Statute of
Limitations for bonds, mortgages, trust
deeds, notes or debentures is 6 years;
Bonds issued by local governments are
10 years; There are specific
requirements for disposal of unused
bonds; CCP §§336 et seq. 337.5(a); 26
CFR 1.6001-1(e): GC §43900 et seq.
Finance /
Customer
Service
FIN-009 _Customer Service Database Indefinite Yes Mag Data Fields / Records are interrelated; GC §34090
Finance /
Customer
Service
FIN-010 Adjustments, Adjustment Postings,
Miscellaneous Charge Postings 5 years Mag, Ppr Meets municipal government auditing requirements; GC §34090 Finance /
Customer
Service
FIN-011 Bankruptcies - Utility Customers - NOT
pursued
When No Longer
Required Mag, Ppr Preliminary drafts not retained in the ordinary course of business; GC §34090 Finance /
Customer
Service
FIN-012 Bankruptcies - Utility Customers - Where a
claim is filed 5 years Mag, Ppr
Department Preference (negative
information remains on credit ratings for
7 years); GC §34090
Finance /
Customer
Service
FIN-013 Bill Inserts 2 years Mag, Ppr GC §34090
FINANCE / CUSTOMER SERVICE
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
67 Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-3 Office of
Record
(OFR)
Retention No. Records Description Total Retention Vital? Media Options
Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Finance /
Customer
Service
FIN-014
Checks deposited to Bank (City scans
them for the Bank, rather than physically
taking the checks to the bank to deposit
them.)
Follow Bank
Instructions Mag, Ppr These are bank instruments, and not City records; per bank agreement.
Finance /
Customer
Service
FIN-015
Collections / Master Collection List / Write
Offs / Collection Agency Assignments (and
associated disputes)
5 years Mag, Ppr
Department preference (negative
information remains on a customer's
credit rating for 7 years; GC §34090
Finance /
Customer
Service
FIN-016 Customer Service Billing 5 years Yes: Until
Paid
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; (meets
municipal government auditing
standards);GC §34090
Finance /
Customer
Service
FIN-017 Payment Stubs When No Longer
Required Mag Ppr Preliminary drafts not maintained in the ordinary course of business; GC §34090 Finance /
Customer
Service
FIN-018 Returned Checks / NSF Checks 5 years Mag, Ppr Meets municipal government auditing requirements; GC §34090
FINANCE / GENERAL LEDGER
Finance /
General
Ledger
FIN-019 _Financial Services Database (Tyler) Indefinite Yes Mag Data Fields / Records are interrelated; GC §34090
Finance /
General
Ledger
FIN-020 Audit Work Papers When No Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Preliminary drafts / content not
substantive; GC §34090
City Clerk FIN-021 Audits - Annual Financial Reports / Annual Consolidated Financial Report (ACFR)
Copies - When
No Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
City Clerk maintains in Agenda Packets;
GC §34090.7
Finance /
General
Ledger
FIN-022
Audits - Single Audits, Grant Audits, IRS
Audits, Transportation Audits, PERS Audit,
etc.
5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference (meets
municipal government auditing
standards); GC §34090
Finance /
General
Ledger
FIN-023 Bank Statements, Bank Reconciliations 10 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD
Department Preference; meets auditing
standards; GC §34090, 26 CFR 31.6001-
1 COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
68 Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-4 Office of
Record
(OFR)
Retention No. Records Description Total Retention Vital? Media Options
Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Finance /
General
Ledger
FIN-024 Banking Transactions, Bank Wire
Transactions, Confirmations 10 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department Preference; meets auditing
standards; GC §34090
City Clerk FIN-025 Budgets - Finals and Amendments
Copies - When
No Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
City Clerk maintains in Agenda Packets;
GC §34090.7
Finance /
General
Ledger
FIN-026 Budgets Work Papers When No Longer
Required Mag, Ppr Preliminary drafts; GC §34090
Finance /
General
Ledger
FIN-027 Cash Receipts, Rents, Other Income 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD
Department preference; Meets auditing
standards; GC §34090 et seq.
Finance /
General
Ledger
FIN-028 Checks / Warrants (Cashed) 5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Meets municipal government auditing
standards; GC § 34090
Finance /
General
Ledger
FIN-029 Checks / Warrants (VOIDED) When No Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Preliminary drafts; GC §34090 Finance /
General
Ledger
FIN-030 Escheat (Unclaimed money / uncashed
checks) 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department preference; All tangible
property held by government agencies
escheats after 3 years; Statute of
Limitations is 1 year for seized property;
CCP §§340(d), 1519; GC §34090
Finance /
General
Ledger
FIN-031
Fiscal Agent Statements, Investment
Account Statements, LAIF Statements /
Local Agency Investment Fund Trustee
Statements
5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; meets auditing
standards; GC §34090, 26 CFR 31.6001-
1 COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
69 Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-5 Office of
Record
(OFR)
Retention No. Records Description Total Retention Vital? Media Options
Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Finance /
General
Ledger
FIN-032
Investments / Investment Statements /
Certificate of Deposit / Investment Bonds
(Receipts / Advisor Reports / Trade
Tickets
5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; Meets auditing
standards; statewide guidelines
propose permanent; FTC Reg's rely on
"self-enforcement"; GC§§ 34090,
43900
Finance /
General
Ledger
FIN-033 Journal Entries / Journal Vouchers 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD
Department Preference; meets auditing
standards; GC §34090, 26 CFR 31.6001-
1 Finance /
General
Ledger
FIN-034 OES / FEMA Claims 10 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference (meets
municipal government auditing
standards); GC §34090
Finance /
General
Ledger
FIN-035
Reports, General Ledger, Subsidiary
Ledgers, Reconciliations, Registers,
Transaction Histories, Balance Sheets,
Revenue & Expenditure Reports, etc.
(FROM DATABASE - ANNUAL,
MONTHLY OR PERIODIC)
When No Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department preference (The Financial
System Database is the original; reports
are considered drafts or copies); GC
§34090
Finance /
General
Ledger
FIN-036
Reports: Annual State or Federal: State
Controller's Report, Local Government
Compensation Report, Gas Tax, MOE
(Maintenance of Effort) Report, Street
Report, etc.
5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; Meets auditing
standards; GC §34090
Finance /
General
Ledger
FIN-037 Sales Tax Reports When No Longer
Required Mag, Ppr Non-records / preliminary drafts used to project revenue; GC §34090 et seq.
Finance /
General
Ledger
FIN-038
Tax - Direct Charges to Assessor's
Property Tax Roll (Delinquent Wastewater
Bills, etc.)
5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; Meets auditing
standards; GC §34090
Finance /
General
Ledger
FIN-039 Tax - Sales Tax Reports When No Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Compilation of Non-Records /
Preliminary drafts used to project
revenue; GC §34090
FINANCE / PAYROLL
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
70 Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-6 Office of
Record
(OFR)
Retention No. Records Description Total Retention Vital? Media Options
Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Finance /
Payroll FIN-040 CalPERS Reports - Annual Valuation Reports, Actuarial Valuation Reports 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 Finance /
Payroll FIN-041
DE-6, DE-7, DE-9, DE-34, DE-43, W-3 &
DE-166, 941 Forms, PERS / FICA &
Medicare Adjustments - Quarterly Payroll
Tax Returns / OASDI, Federal Tax
Deposits, Adjustments, etc.
5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; IRS: 4 yrs after
tax is due or paid; Ca. FTB: 3 years;
Articles show 7 years; IRS Reg
§31.6001-1(e)(2), R&T §19530; 29CFR
516.5 - 516.6, 29USC 436, GC §34090
Finance /
Payroll FIN-042 Employee Payroll Files - Includes Benefit Enrollments Separation + 5
years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department preference; Meets
municipal government auditing
standards; GC §34090
Finance /
Payroll FIN-043 Garnishments
Satisfied + 5
years, or
Separation of
Employee
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD GC §34090; 26 CFR 31.6001.1 Finance /
Payroll FIN-044 Payroll Database (Tyler) Indefinite Yes Mag Data Fields / Records are interrelated; GC §34090 Finance /
Payroll FIN-045 Payroll Reports - Periodic Bi-weekly
Payroll Report 10 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department preference; Meets
municipal government auditing
standards; PERS Circular letter 200-051-
17; GC §34090
Finance /
Payroll FIN-046 Time Cards / Time Sheets 10 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department preference; Meets auditing
standards (audit + 4 years); IRS
requires 4 years; Ca. requires 2 yr min.;
FTB keeps 3 years; IRS Reg §31.6001-
1(e)(2), R&T §19530; LC § 1174(d); 29
CFR 516.5; 29 CFR 516.5 & 516.6(c);
GC §34090
Finance /
Payroll FIN-047 W-2's 10 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department preference for Grant
Auditing Purposes; Meets municipal
government auditing standards; GC
§34090
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
71 Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-7 Office of
Record
(OFR)
Retention No. Records Description Total Retention Vital? Media Options
Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Finance /
Payroll FIN-048 W-4s
Superseded or
Separated + 5
years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
W-4s are required four years after the
due date of such tax for the return
period to which the records relate, or the
date such tax is paid, whichever is the
later. 26 CFR 31-6001-1; GC §34090
Finance /
Information
Technology
FIN-048 Backups / Computer Backups (ALL) When No Longer Required Yes Mag.
Used for Disaster Recovery Purposes
Only; Considered a copy and can be
destroyed when no longer required; GC
§34090 et seq.
Finance /
Information
Technology
FIN-049
UNALTERABLE MEDIA / IMMUTABLE
MEDIA (Cloud Immutable Backup, WORM
/ DVD-r / CD-r / Blue Ray-R) or other
unalterable media that does not permit
additions, deletions, or changes
P OD
For legal compliance for Trustworthy
Electronic Records (when the electronic
record serves as the official record);
must be stored in a "safe and separate
location"; GC 34090, 12168.7, EVC
1550, CCR 22620 et seq.
INFORMATION TECHNOLOGY
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E72
Ver. 2.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-1 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS : Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
HUMAN RESOURCES
Human
Resources HR-001 Benefit Plan Documents (CalPERS, Dental, Vision, etc.) Duration of the
Contract + 6
years
Yes: For
Duration of
Contract
Mag, Ppr
EEOC / ADEA (Age) requires 1 year after
benefit plan termination; Federal law
requires 6 years after filing date for
retirement; State Law requires 2 years
after action; 29 CFR 1627.3(b)(2); 29 USC
1027; 11 CCR 560; 28 CCR 1300.85.1;
GC §34090
Human
Resources HR-002
Classification / Reorganization Studies (for
employee classifications and department
structures)
Minimum 3
years
Mag, Ppr
Department preference; Bureau of
National Affairs recommends 2 years for
all supplementary Personnel records;
Wage rate tables are 1 or 2 years; State
requires 2 years; 29 CFR 516.6, 29 CFR
1602.14, GC §§12946, 34090
Human
Resources HR-003 Compensation Surveys & Studies Minimum 3 years Mag, Ppr
Department preference; Bureau of
National Affairs recommends 2 years for
all supplementary Personnel records;
Wage rate tables are 1 or 2 years; State
requires 2 years; 29 CFR 516.6(2), 29
CFR 1602.14, GC §§12946, 34090
Human
Resources HR-004 Contracts for Investigators Completion + 5 years Yes: Before
Completion Mag, Ppr
Department preference; Statute of
Limitations for contractual obligations is 4
years; CCP §§337. 337.1(a), 337.15, 343;
GC §34090
Human
Resources HR-005 COVID-19 Attestations by Employees, COVID-19 Notifications to Employees 3 years Mag Ppr LC §6409.6(k), GC §34090 Human
Resources HR-006
Department of Fair Employment & Housing
(DFEH or EEOC) Claims / Harassment
Claims
Minimum Final
Disposition + 5
years
Mag, Ppr
Department preference; All State and
Federal laws require retention until final
disposition of formal complaint; State
requires 2 years after "fully and finally
disposed"; 2 CCR 11013(c); GC §§12946,
34090
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
73 Ver. 2.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-2 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS : Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Human
Resources HR-007 Employee Investigations
Minimum
Separation + 3
years
Mag, Mfr,
OD, Ppr S
Yes: After
QC & OD
Department Preference; statute of
limitations for EEOC/FLSA/ADEA (Age)
requires 3 years for promotion, demotion,
transfer, selection, or discharge; State Law
requires 2 -3 years; 29 CFR 1602.31 &
1627.3(b)(1), GC §§12946, 34090;
Human
Resources HR-008 Employment Verifications
When No
Longer
Required
Mag, Ppr Non-records, content is not substantive;
GC §34090 et seq.
Human
Resources HR-009 Grievances Separation + 6 years
Mag, Mfr,
OD, Ppr S
Yes: After
QC & OD
Department Preference; statute of
limitations for retirement benefits is 6
years from last action; EEOC/FLSA/ADEA
(Age) requires 3 years for promotion,
demotion, transfer, selection, or discharge;
State Law requires 2 -3 years; 29 CFR
1602.31 & 1627.3(b)(1), GC §§ 3105,
12946, 34090; LC 1198.5; 26 CFR 31-
6001-1; 53235.2(b); 53237.2(b)
Human
Resources HR-010 I-9s Separation + 6 years
Mag, Mfr,
OD, Ppr S
Yes: After
QC & OD
Required for 1 year from termination or 3
years from hiring, whichever is later;
EEOC / FLSA / ADEA (Age) requires 3
years for "any other forms of employment
inquiry"; State Law requires 2 -3 years; 8
CFR 274a.2; 29 CFR 1627.3(b)(1); GC
§§12946, 34090
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
74 Ver. 2.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-3 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS : Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Human
Resources HR-011 Job Descriptions / Classification Specifications Minimum
Superseded +
3 years
Mag, Mfr,
OD, Ppr S / I Yes: After 1 year
Department preference;
EEOC/FLSA/ADEA (Age) requires 3 years
for promotion, demotion, transfer,
selection, or discharge; State Law requires
2 -3 years; retirement benefits is 6 years
from last action; 29 CFR 1602.31 &
1627.3(b)(1), 8 CCR §3204(d)(1) et seq.,
GC §§12946, 34090
Human
Resources HR-012 Lawsuits / Litigation - Employee Related Final
Resolution + 5
years
Yes: Until
Settlement
Mag, Mfr,
OD, Ppr S
Yes: After
QC & OD
Department Preference; Meets municipal
government auditing standards; Statute of
Limitations is 4 years; CCP §§337 et seq.,
343; GC §34090,
Human
Resources HR-013 OSHA Citations and Inspections 5 years Mag, Ppr OSHA requires 5 years; State law requires
2 years; 8 CCR §3203(b)(1), OMB 1220-
0029; GC §34090; LC §6429c
Human
Resources HR-014 OSHA Logs - 200, 300, 301, 301A 5 years Mag, Ppr OSHA requires 5 years; State law requires
2 years; 8 CCR 14300.33(a), 8 CCR
§3203(b)(1), GC §34090.7; LC §6429c
Human
Resources HR-015
Personnel Files - Employee File (Main File)
Includes Application, Benefit Enrollments,
Discipline, Evaluations, Policy
Acknowledgements, Oath of Office / Oath for
Disaster Worker, Personnel Action Forms,
Training Certificates (Ethics Certificates for
Employees, Harassment Certificates for
Employees, etc.)
Separation + 6
years
Mag, Mfr,
OD, Ppr S
Yes: After
QC & OD
Department Preference; statute of
limitations for retirement benefits is 6
years from last action; EEOC/FLSA/ADEA
(Age) requires 3 years for promotion,
demotion, transfer, selection, or discharge;
State Law requires 2 -3 years; 29 CFR
1602.31 & 1627.3(b)(1), GC §§ 3105,
12946, 34090; LC 1198.5; 26 CFR 31-
6001-1; 53235.2(b); 53237.2(b)
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
75 Ver. 2.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-4 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS : Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Human
Resources HR-016
Personnel Files - Medical File
Pre-employment Medical Clearances, ADA
Accommodations, Fit for Duty, etc.
Separation +
30 years
Yes: Until
Separation
Mag, Mfr,
OD, Ppr S
Yes: After
QC & OD
Department preference; Files maintained
separately; Claims can be made for 30
years for toxic substance exposure; 8 CCR
§3204(d)(1) et seq., 8 CCR 5144, 8 CCR
15400.2; 29 CFR 1910.1020(d)(1)(i), GC
§§12946, 34090
Human
Resources HR-017
Recruitment and Testing File
(Includes Advertisements, Applications for
Unsuccessful Candidates, Interview Notes,
Job Brochures, Test Data, Testing Analysis
& statistical Metric, Job Analysis, Rating
Sheets, Scantrons, etc.)
Hiring
Decision + 4
years
Mag, Ppr
State Law requires 4 years; EEOC / FLSA
/ ADEA (Age) requires 1-3 years; 29 CFR
1627.3(b)(1), 29 CFR 1602.14 et seq.2
CCR 11013(c); GC §§12946, 34090
Human
Resources HR-018
Workers Compensation Claims / Long Term
Disability Claims (Includes all Accident,
Incident, or Injury Reports from Employees)
Separation +
30 years
Yes: Until
Separation
Mag, Mfr,
OD, Ppr S
Yes: After
QC & OD
Department preference; Files maintained
separately; Claims can be made for 30
years for toxic substance exposure; 8 CCR
§3204(d)(1) et seq., 8 CCR 5144, 8 CCR
15400.2; 29 CFR 1910.1020(d)(1)(i), GC
§§12946, 34090
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
76 Ver. 2.0 RECORDS RETENTION SCHEDULE: PLANNING Page PL-1 Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
PLANNING
Planning PL-001
Planning Projects - Discretionary & Ministerial
- Approved Permanent Entitlements & Permits
(Includes Associated CEQA Noticing, Conditions
of Approval, Environmental Determinations, Staff
Reports, Plans)
Examples:
Conditional Use Permits (CUPs)
Development Plan Review
General Plan / General Plan Amendments
Lot Line Adjustment
Master Plan
Rezones
Specific Plan
Tentative Subdivision Maps / Parcels Maps
Use Permits
Variance
Zoning Ordinance / Updates
P Yes
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Department preference; Final
environmental determinations are
required to be kept a "reasonable period
of time"; 14 CCR §15095(c); GC§§34090,
34090.7
Planning PL-002 Planning Projects - Cancelled or Withdrawn Minimum
Cancelled or
Withdrawn
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Department preference; Preliminary
drafts not retained in the ordinary course
of business; GC §34090 et seq.
Planning PL-003 Annexations / Boundaries / Consolidations /
LAFCO P
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD Land Records; GC §34090
Planning PL-004 Census, Demographics
When No
Longer
Required
Mag, Ppr (Non-Records - Census Bureau is OFR)
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E77
Ver. 2.0 RECORDS RETENTION SCHEDULE: PLANNING Page PL-2 Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Planning PL-005
Environmental Determinations: Environmental
Impact Reports (EIRs), Negative Declarations,
etc.) / CEQA
Correspondence and staff notes that provide
insight into the project or the agency’s CEQA
compliance with respect to the project
Project
Approval or
Denial
+ 2 years
Mag, Ppr
Not all internal communications and
notes are required to be saved; "E-mails
that do not provide insight into the project
or the agency’s CEQA compliance with
respect to the project — are not within the
scope of section 21167.6, subdivision (e)
and need not be retained." Golden Door
Properties, LLC v. Superior Court of San
Diego County (County of San Diego, et
al., Real Parties in Interest) (53
Cal.App.5th 733); PRC 21167,6; GC
§34090
Planning PL-006
Environmental Determinations: Environmental
Impact Reports (EIRs), Negative Declarations,
etc.) / CEQA
Inside City boundaries - Where Planning is the
Lead
P
Mag,
Mfr, OD,
Ppr
S
Yes: After
QC & OD
Usually filed in the project file; Final
environmental determinations are
required to be kept a "reasonable period
of time"; 14 CCR §15095(c); GC §34090
Planning PL-007 General Plan, Elements and Amendments P Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD Department preference; GC §34090
Lead Dept. PL-008 Hazardous Materials Response Plans Minimum 2 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Statewide guidelines propose
superseded + 2 or 5 years; GC §34090
Planning PL-009 Long Range Planning / Planning Studies P Mag,
Mfr, OD,
Ppr
S
Yes: After
QC & OD
Usually filed in the project file; Final
environmental determinations are
required to be kept a "reasonable period
of time"; 14 CCR §15095(c); GC §34090
Planning PL-010 Master Plans, Specific Plans, Land Use Plans and Amendments P
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD Department preference; GC §34090
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
78 Ver. 2.0 RECORDS RETENTION SCHEDULE: PLANNING Page PL-3 Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Planning PL-011 Materials Boards
When No
Longer
Required
Mag, Ppr Preliminary drafts not retained in the
ordinary course of business; GC §34090
Planning PL-012 Planning Commission
AGENDAS & AGENDA PACKETS P
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD Department preference; GC §34090
Planning PL-013 Planning Commission
MINUTES, BYLAWS, RESOLUTIONS P
Mag,
Mfr, OD,
Ppr
S No GC §34090(e)
Planning PL-014
Planning Commission
AUDIO or VIDEO RECORDINGS
Minimum 4
years
Mag
Department preference; Audio Required
for 30 days; GC §54953.5(b); video
recordings of meetings are required for
90 days; GC §34090.6
Planning PL-015
Temporary Use Permits (TUP) / Temporary Signs
/ Banner Permits, Film Permits, etc. (Approved &
Unapproved)
Christmas Tree Lots, Pumpkin Lots, etc.
Expiration +
2 years
Yes:
During
Event
Mag, Ppr Department preference; GC§§34090
Planning PL-016 Zoning Maps (Historically Significant) P Yes (all) Mag,
Mfr, OD,
Ppr
S No Department Preference; GC §34090
Planning PL-017 Zoning Ordinance Amendments / Zone Changes P Yes Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Department Preference (copies); GC
§34090.7
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
79 Ver. 2.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS
(Engineering, Maintenance, Wastewater)
Page PW-1
Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
PUBLIC WORKS / ENGINEERING
Public Works /
Engineering PW-001
Capital Improvement Projects (CIP) - Where
Engineering is the Lead: Administration File
Project Administration, Certified Payrolls,
Construction Manager's Logs, Hazardous
Materials Plans, Meeting Minutes, Project
Schedules, Progress meetings, Real Estate
Appraisals, RFIs & Responses, Construction
Inspection Logs, Daily Inspections, Daily Logs,
Punch Lists, etc.
Completion +
10 years or
After Funding
Agency
Audit, if
required,
whichever is
longer
Yes: Until
Completed
Mag,
Mfr, OD,
Ppr
S/I Yes: After
QC & OD
Some grant funding agencies require
audits; Statute of Limitations for Errors &
Omissions is 10 years; Published Audit
Standards=4-7 years; Statute of
Limitations: Contracts & Spec's=4 years,
Wrongful Death=comp. + 5 years,
Developers=comp. + 10 years; Statewide
guidelines propose termination + 5 years;
CCP §337 et. seq., GC §34090
Public Works /
Engineering PW-002
Capital Improvement Projects (CIP) Where
Engineering is the Lead: Permanent File
Specifications & Addenda, Contract Copies,
Change Orders, CEQA / Environmental
Documents - EIRs, Negative Declarations,
Exemptions, Materials Testing Reports, Photos,
Soil Reports, Studies, Submittals, Successful
Proposal, Surveys, etc.
P
Yes: Until
Completed
Mag,
Mfr, OD,
Ppr
S/I Yes: After
QC & OD
Department preference; retained for
disaster preparedness purposes;
Statewide guidelines propose Permanent
for Infrastructure plans; Final
environmental determinations are
required to be kept a "reasonable period
of time"; 14 CCR §15095(c); CCP §337
et. seq., GC §34090
Public Works /
Engineering PW-003
Drawings, Maps, Plans and Record Drawings,
Large-Format Drawings, Survey Record Maps,
Capital Improvement Project "As-Built"
- Where Engineering is the Lead
P Yes (all)
Mag,
Mfr, OD,
Ppr
S/I
No
(disaster
response)
Drafts should be destroyed; GC §34090
Public Works /
Engineering PW-004
Encroachment Permits / Excavation Permits:
Permanent (City-owned structures in the City's
Right of Way, Retaining Walls, etc.)
Includes Insurance Certificates
P
Yes: Until
Completion Mag, Ppr Department Preference; GC §34090
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
80 Ver. 2.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS
(Engineering, Maintenance, Wastewater)
Page PW-2
Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Public Works /
Engineering PW-005
Encroachment Permits / Excavation Permits:
Temporary (Street Permits, Temporary
Construction, Sidewalk Repairs, Traffic Control,
Transportation Permits, Utility Cuts (Installation &
Patching), etc.)
Includes Insurance Certificates
Minimum 2
years
Yes: Until
Completion Mag, Ppr GC § 34090
Public Works /
Engineering PW-006
Engineering Studies / Surveys (Public Right-ofWay) - Geotechnical and Soil Reports / Hydrology Reports / Preliminary Studies / Project
Assessments
P
Mag,
Mfr, OD,
Ppr
S/I Yes: After
QC & OD Department Preference; GC §34090
Public Works /
Engineering PW-007 Grading & Construction Permits P
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD Department Preference; GC §34090
Public Works /
Engineering PW-008
Land Development / Private Development:
Administration / Inspection File
Construction Bonds, Indemnity Bonds,
Inspections, Photos, Private Lab Verifications,
Testing Lab Final Reports
Completion +
10 years
Yes: Until
Completed
Mag,
Mfr, OD,
Ppr
S/I Yes: After
QC & OD
Statute of Limitations for Errors &
Omissions is 10 years; Published Audit
Standards=4-7 years; Statute of
Limitations: Contracts & Spec's=4 years,
Wrongful Death=comp. + 5 years,
Developers=comp. + 10 years; Statewide
guidelines propose termination + 5 years;
CCP §337 et. seq., GC §34090
Public Works /
Engineering PW-009
Land Development / Private Development:
Permanent File
Drainage, Driveway, Encroachments, Grading
Permits & Plans, Rights of Way, Soils Reports,
Stormwater, etc.
Dedications, Easements, Abandonments (City
Clerk is OFR)
P
Yes: Until
Completed
Mag,
Mfr, OD,
Ppr
S/I Yes: After
QC & OD
Department preference; retained for
disaster preparedness purposes;
Statewide guidelines propose Permanent
for Infrastructure plans; Final
environmental determinations are
required to be kept a "reasonable period
of time"; 14 CCR §15095(c); CCP §337
et. seq., GC §34090
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E81
Ver. 2.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS
(Engineering, Maintenance, Wastewater)
Page PW-3
Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Public Works /
Engineering PW-010 Permit Database (Accela) Indefinite Yes (all) Mag Department Preference - Data is interrelated; GC §34090, H&S §19850 City Clerk PW-011
Recorded Documents: Deeds, Easements, Right
of Ways, Abandonments / Vacation, Liens / Lien
Releases
P
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Department preference (City Clerk retains
final original); GC §34090 et seq.
Public Works /
Engineering PW-012 Traffic Calming Requests / Stop Sign Surveys (Speed Humps, etc.) P Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD Department preference; GC §34090
Police PW-013 Traffic Collision Reports / SWTRS
Copies -
When No
Longer
Required
Mag Ppr copies; GC §34090.7
Public Works /
Engineering PW-014 Traffic Counts 10 years Mag Ppr Department preference; GC §34090 Public Works /
Engineering PW-015 Traffic Speed Surveys / Stop Sign Warrants 10 years Mag Ppr Department preference (required every 5
years, but can be extended to 7 or 10
years); GC §34090
PUBLIC WORKS / MAINTENANCE
Public Works /
Maintenance PW-016
Aboveground Storage Tanks (Agency Owned
Propane Tanks, etc.)
Spill Prevention Control and Countermeasures (SPCC),
Inspections, Integrity Testing, Maintenance, Repairs
20 years
Mag,
Mfr, OD,
Ppr
S
Yes: After
QC & OD
Department Preference; applies to both
Tier I and Tier II Tanks; (Tier II tanks are
required to have an integrity test every 20
years); GC §34090
Public Works /
Maintenance PW-017 Arborist Reports / Tree Health Reports (Cityowned Trees) 10 years Mag, Ppr Department preference; GC §34090 Public Works /
Maintenance PW-018 CCTV Videos of Storm Drain Lines 10 years Mag, Ppr Department preference; GC §34090 COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E82
Ver. 2.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS
(Engineering, Maintenance, Wastewater)
Page PW-4
Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Public Works /
Maintenance PW-019 Operations & Maintenance Manuals (O&M Manuals) Life of
Facility or
Equipment
Mag,
Mfr, OD,
Ppr
S
Yes: After
QC & OD
Department Preference; GC §34090 et.
seq.
Public Works /
Maintenance PW-020 Pressure Vessel Certifications or Permits (Air Compressors, Propane, etc.) Expiration of
Certificate or
Permit
Mag,
Mfr, OD,
Ppr
S
Yes: After
1 year
Department preference; GC §34090 et.
seq.
Lead Dept. PW-021
Safety Data Sheet (SDS) / Material Safety Data
Sheet (MSDS) / Chemical Use Report Form (or
records of the chemical / substance / agent,
where & when it was used)
30 years
Mag,
Mfr, OD,
Ppr
S
Yes - After
QC & OD
Previous MSDS may be obtained from a
service; MSDS may be destroyed as long
as a record of the chemical / substance /
agent, where & when it was used is
maintained for 30 years; Applies to
qualified employers; Claims can be made
for 30 years for toxic substance
exposures; 8 CCR 3204(d)(1)(B)(2 and
3), 29 CFR 1910.1020(d)(1)(i), GC
§34090
Lead Dept. PW-022 Underground Service Alerts (USA's) / Dig Alerts 3 years Mag, Ppr Department Preference (the Regional
Notification Center has the obligation to
retain the notice for 3 years); GC
§§4216.2(d) & 4216.3(d), GC §34090
WASTEWATER COLLECTIONS
Public Works /
Wastewater
Collections
PW-023 CCTV Videos of Sewer Lines 10 years Mag, Ppr Department preference; GC §34090 Public Works /
Wastewater
Collections
PW-024 Confined Space Entries / Hot Work Permits 2 years Mag, Ppr 8 CCR 5157(d)(14) & (e)(6); 29 CFR 1910.146(e)(6) GC §34090
Public Works /
Wastewater
Collections
PW-025 Sanitary Spills and Overflows (SSOs) 5 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Required for a minimum of 5 years; 40
CFR 122.41(j)(2); SWRCB Order 2006-
03; 40 CFR 122.41(j)(2); GC §34090
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
83 Ver. 2.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS
(Engineering, Maintenance, Wastewater)
Page PW-5
Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Public Works /
Wastewater
Collections
PW-026 Sewer Odor Complaints / Gas Detection Results /
Investigations 5 years Mag, OD, Ppr S
Yes: After
QC & OD Department preference; GC §34090
Public Works /
Wastewater
Collections
PW-027
Sewer System Management Plans (SSMP) and
Audits / Sanitary Spills Overflow Prevention Plan
(SSOPP) and Sanitary Sewer Overflow Response
Plan
Superseded
+ 5 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD
Department preference; SSOs are
required for a minimum of 5 years; 40
CFR 122.41(j)(2); SWRCB Order 2006-
03; GC §34090
Lead Dept. PW-028 Underground Service Alerts (USA's) / Dig Alerts 3 years Mag, Ppr Required for 3 years; GC §§4216.2(f) & 4216.3(d); GC §34090
WATER QUALITY - WASTEWATER
Public Works /
Wastewater PW-029 Lab Reports & Chains of Custody: Wastewater 5 years Mag,
Mfr, OD,
Ppr
S / I Yes - After
QC & OD Department preference; GC §34090
Public Works /
Water Quality PW-030 Laboratory Equipment Calibration Records - Wastewater 5 years Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC
Consistent with Chemical Reports; 40
CFR 141.33(a)
WASTEWATER TREATMENT PLANT (WWTP)
Public Works /
WWTP PW-031 AQMD Permits (Air Quality Management Districts) - for Generators, etc Issue Date +
5 years Mag, Ppr 40 CFR 70.6; GC §34090
Public Works /
WWTP PW-032 Backflow Test Results / Backflow Assembly Test Reports 5 years Mag, OD, Ppr S Yes: After
QC & OD Department preference; GC §34090
Public Works /
WWTP PW-033 Biosolids / Sewage Sludge Handling Logs and Weigh Tickets (Blockages) 5 years Mag, OD, Ppr S Yes: After
QC & OD
Code of Federal Regulations requires 5
years; 40 CFR 503.17; 40 CFR
122.41(j)(2); GC §34090
Public Works /
WWTP PW-034 Confined Space Entries / Hot Work Permits 2 years Mag, Ppr 8 CCR 5157(d)(14) & (e)(6); 29 CFR 1910.146(e)(6) GC §34090 Public Works /
WWTP PW-035 Correspondence - Regulatory Agencies
(Wastewater)
Minimum 5
years
Yes: While
Active
Issues
Mag, Ppr
Department Preference; Some
correspondence from Regulatory
Agencies need to be retained for long
periods of time; GC §34090
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
84 Ver. 2.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS
(Engineering, Maintenance, Wastewater)
Page PW-6
Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Public Works /
WWTP PW-036 Generator Operation Logs & Inspections 5 years Mag, Ppr AQMD Rule 1470; Form 400–E–13a instructions; GC §34090 Public Works /
WWTP PW-037 Operations & Maintenance Manuals / O & M Manuals Life of
Facility or
Equipment
Mag, Ppr
Department preference (some equipment
is from the 1950's, and the O&M Manual
isn't helpful); GC §34090
Public Works /
WWTP PW-038
Permits - Wastewater Regulatory / Operating
Permits: Examples (CalARP, Cal OSHA, CERS,
CUPA, NPDES, SWRCB, etc.)
Minimum 5
years
Mag,
Mfr, OD,
Ppr
S Yes: After
QC & OD
Department Preference; NPDES
Monitoring records required for 3 years;
40 CFR §§122.21, 122.41, 122.44; GC
§34090 CCP §337 et seq.
Public Works /
WWTP PW-039 Pressure Vessel Certifications or Permits (Air Compressors, Propane, etc.) Expiration of
Certificate or
Permit
Mag,
Mfr, OD,
Ppr
S
Yes: After
1 year
Department preference; GC §34090 et.
seq.
Public Works /
WWTP PW-040
Reports - Wastewater Reports to Regulatory
Agencies: Examples (CalARP, Cal OSHA,
CERS, CUPA, NPDES, SWRCB, etc.)
Minimum 5
years
Mag, Ppr
Department Preference; NPDES
Monitoring records required for 3 years;
40 CFR §§122.21, 122.41, 122.44; GC
§34090 CCP §337 et seq.
Lead Dept. PW-041
Safety Data Sheet (SDS) / Material Safety Data
Sheet (MSDS) / Chemical Use Report Form (or
records of the chemical / substance / agent,
where & when it was used)
30 years
Mag,
Mfr, OD,
Ppr
S
Yes - After
QC & OD
Previous MSDS may be obtained from a
service; MSDS may be destroyed as long
as a record of the chemical / substance /
agent, where & when it was used is
maintained for 30 years; Applies to
qualified employers; Claims can be made
for 30 years for toxic substance
exposures; 8 CCR 3204(d)(1)(B)(2 and
3), 29 CFR 1910.1020(d)(1)(i), GC
§34090
Public Works /
WWTP PW-042 Sanitary Survey of Sewer System 5 years Mag, OD, Ppr S Yes: After
QC & OD Department preference; GC §34090
Public Works /
WWTP PW-043 SCADA Database (Wastewater) Indefinite Mag Data is interrelated; GC §34090 COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
85 Ver. 2.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS
(Engineering, Maintenance, Wastewater)
Page PW-7
Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Public Works /
WWTP PW-044 Wastewater Treatment Plant Operators Certificates (posting required) When
Superseded
Mag,
OD, Ppr S
Yes: After
QC & OD Department preference; GC §34090
Public Works /
WWTP PW-045 Wastewater Treatment Plant Safety Training Certificates (posting required) Minimum 5
years
Mag,
OD, Ppr S
Yes: After
QC & OD
Department preference; 8 CCR §3203 et
seq., 29 CFR 1627.3(b)(1), LC §6429(c);
GC §§12946, 21960, 34090
COLFAX, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
3E
86 City of Colfax Railroad Street Roadway Easement – Union Pacific Staff Report February 8, 2023
Staff Report to City Council
FOR THE FEBRUARY 8, 2023 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Wes Heathcock, City Manager
Subject: Railroad Street Roadway Easement – Union Pacific Budget Impact Overview:
N/A: Funded: √ Un-funded: Amount: $154,688 Fund(s): 210 Roads Mitigation Fund & 100 General Fund
Summary/Background
Council identified Railroad Street improvements as a key project to improve transportation and alternative transportation access for the community in 2019. Staff has worked closely with Union Pacific for the past three years to first determine if Union Pacific can grant a roadway easement on Railroad Street (attached) and second what value would Union Pacific want for the easement. Union Pacific determined in late 2022 that an easement could be granted. Subsequently, Union Pacific’s first offer was $6 per square foot (68,750 sq ft) for the easement valued at $412,500.
Staff was able to negotiate the price per square foot down to $2.25. Union Pacific has agreed to the new valuation for a total cost of $154,688. Staff is recommending Council authorizes the City Manager to purchase Railroad Street roadway easement from Union Pacific in an amount not to exceed $154,688. Staff believes that if the easement acquisition is deferred, there is a high likelihood that the City will not be able to get moving again on the project without a significant amount of effort.
Securing the Railroad Street easement is the first step in the process. Subsequently, the City will need to engage the Union Pacific Crossing team to determine the rail spur crossing treatment needs and the value of the crossing agreement. The final step is to pursue funding to design and construct the Railroad Street and the rail spur crossing improvements.
Fiscal Impacts
The City of Colfax identified roadway improvements necessary to offset development impacts in the 2006 Mitigation Fee Study. The City currently has $142,711 in the Road Impact Fees Fund 210 for projects identified in the 2006 Mitigation Fee Study. The need to acquire and improve Railroad Street as an arterial street is one of the projects identified in the 2006 Mitigation Fee Study. Fund 210 Road Mitigation Fees will contribute $142,711 of the easement costs. Fund 100 General Fund will fulfill the balance of $11,977 for a total value of $154,688.
Attachments:
1. Resolution __-2023
2. Railroad Street Easement Exhibit
RECOMMENDED ACTION: Discuss and consider authorizing the City Manager to purchase Railroad Street roadway easement from Union Pacific in an amount not to exceed $154,688. 9A87
_________________________________________________________________________________________ City of Colfax Railroad Street Roadway Easement– Union Pacific Resolution __-2023
City of Colfax
City Council
Resolution № __-2023
AUTHORIZING THE CITY MANAGER TO PURCHASE RAILROAD STREET ROADWAY EASEMENT FROM UNION PACIFIC IN AN AMOUNT NOT TO EXCEED $154,688
WHEREAS, Council identified Railroad Street improvements as a key project to improve transportation and alternative transportation access for the community in 2019; and, WHEREAS, Railroad Street is identified in the 2006 Mitigation Fee Study as a necessary improvement to mitigate new development; and,
WHEREAS, Union Pacific and City staff were able to negotiate a per-square-foot value for the roadway easement.
NOW THEREFORE, BE IT RESOLVED the City Council of the City of Colfax authorizes the City Manager to purchase Railroad Street roadway easement from Union Pacific in an amount not to exceed $154,688.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Council Meeting of the City Council of the City of Colfax held on the 8th of February 2023 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Trinity Burruss, Mayor
ATTEST:
________________________________________
Marguerite Bailey, City Clerk
9A88
© 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS
WHITCOMB AVE
RAILROAD ST
GRASS VALLEY ST S. AUBURN ST
S. MAIN ST
E. OAK STEX RAILROAD ST CENTERLINE 1,340 LF ±
CENTRAL ST
UPRR EX DIRT ROAD CONNECT TO EX DIRT ROAD CONNECT TO EX PAVED STREET EX RR SPUR CROSSING APPROX LENGTH=60 LF± (2,450 SF) EX RR SPUR DEAD END CITY OWNED PARCEL APN 006-071-008-000 OTHER PARCELS OWNED BY UNION PACIFIC RAILROAD COMPANY 11/15/2022 1"=250' PROPOSED 40' ACCESS EASEMENT PROPOSED 20' WIDE PAVED STREET 1,720 LF± (68,750 SF) EASEMENT TO EXTEND THROUGH APN 006-093-022 40'
9A
89 9A
90 t
City of Colfax Brown Act Update
Staff Report February 8, 2023
Staff Report to City Council
FOR THE FEBRUARY 8, 2023, REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Wes Heathcock, City Manager
Alfred A. “Mick” Cabral, City Attorney
Subject: Update on the process for attending meetings via teleconference under the Brown Act.
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
Governor Newsom’s proclaimed state of emergency expires February 28, 2023. There are rumors to the effect that the state of emergency will be extended into spring, but they are only rumors. Expiration of the proclaimed state of emergency will likely affect how the City Council can meet remotely via teleconferencing. The City Attorney recommends that effective March 1, 2023, the Council should resume meeting under the “older” teleconference procedures outlined below unless the proclaimed state of emergency is extended, or other legislative changes are made to the Brown Act.
The City Council is currently meeting under the relaxed teleconference requirements of AB 361. Under that law, which is codified in Government Code Section 54953(e), the Council can meet under the relaxed teleconferencing rules in the following circumstances:
1. Meetings held during a proclaimed state of emergency and the state or local officials (presumably county or city) have imposed or recommended measures to promote social distancing. (GC 54953(e)(1)(A)).
2. Meetings held during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (GC 54953(e)(1)(B)).
3. Meetings held during a proclaimed state of emergency during which the Council has determined, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (GC 54953(e)(1)(C)).
In every instance, a “proclaimed state of emergency” is the predicate for meeting under the relaxed teleconference rules of AB361. When the “proclaimed state of emergency” expires, if Council wants to meet via teleconference, it will probably have to do so under one of two scenarios.
The first scenario is under AB2449, effective this year, which allows the Council to meet remotely without identifying each teleconference location and without making each location accessible to the public only when there is “just cause” for doing so, or if an emergency circumstance exists. “Just Cause” is defined to include:
(1) Child care or caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely, (2) A contagious illness that prevents a member from attending in person, (3) A need related to a physical or mental disability, and (4) Travel while on Council business or the business of another state or local agency. If at least one of these four criteria is not present, meeting remotely is not permitted.
RECOMMENDED ACTION: Review public forum options and provide staff direction 9B91
t
City of Colfax Brown Act Update
Staff Report February 8, 2023
In order to participate remotely for “just cause”, if at least one of the “just cause” elements are met, a Council member must notify the Council at the earliest possible opportunity of their need to participate remotely and provide a general description of the circumstances related to one of the four permissible bases for meeting remotely. A Council member may only use the just cause authorization for meeting remotely a maximum of two meetings per calendar year.
An “emergency circumstance” is a physical or family medical emergency that prevents a member of the Council from attending in person.
There are also specific rules and procedures that must be followed when meeting under AB2449: (1) Council members participating remotely must do so through audio and visual technology; (2) The Council must provide a way for the public to remotely hear, visually observe, and remotely address them; (3) The Council must provide notice of how the public can access the meeting and offer comments; (4) The agenda must identify and include an opportunity for the public to attend and directly address the Council through a call-in option, an internet-based service option, and in person at the meeting; (5) The Council cannot require comments to be submitted before the start of the meeting. The public must be allowed to make “real time” public comment; (6) If there is a disruption to the meeting broadcast or in the ability to take call-in or internet-based public comments, no further action can be taken on agenda items until the issue is resolved; (7) The Council must implement a procedure for receiving and resolving requests for reasonable accommodations for individuals with disabilities and must give notice of these procedures; (8) A Council member may not participate in meetings remotely for more than three consecutive months or 20% of the agency’s regular meetings within a calendar year. (9) If the Council regularly meets less than 10 times a year, a member may not participate remotely for more than two meetings; and (10) members participating remotely must publicly disclose at the meeting whether anyone else 18 years or older is present with the member and the general nature of the member’s relationship with the individual.
In all likelihood, there will be very few circumstances that will allow meeting remotely under AB2449. This means that the most prevalent method for meeting via teleconferencing will be the way it was done before AB361. Under the “older” teleconferencing procedure, meetings can be held via teleconferencing under the following rules:
1. Agendas must be posted at all teleconference locations.
2. Teleconference meetings must protect the statutory and constitutional rights of all parties and members of the public appearing before the Council.
3. Each teleconference location must be identified in the notice and agenda for the meeting.
4. Each teleconference location must be accessible to the public.
5. At least a quorum of the Council must participate from within City limits.
6. The agenda must provide an opportunity for members of the public to address the Council directly at each teleconference location.
There is a slight amount of wiggle room in the language of AB 361. Government Code Section 54953(e) that may arguably allow Council to meet remotely under the relaxed rules of AB 361if “state or local officials have imposed or recommended measures to promote social distancing.” California’s mandatory social distancing ended June 15, 2021. Placer County adheres to the State’s guidelines, so no measures to promote social 9B92
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City of Colfax Brown Act Update
Staff Report February 8, 2023
distancing are being “imposed” by state or local officials, but it is not clear whether social distancing “measures” are still being “recommended”. If social distancing measures are still being recommended by state or local officials, then the Council can continue to meet under AB 361 until January 1, 2024 if, at least once every 30 days, the Council by majority vote adopts a resolution with findings to the effect that the Council has reconsidered the circumstances of the state of emergency and state or local officials continue to recommend measures to promote social distancing. The Council would need a factual basis for making those findings.
Overall, the safest and most consistent process for meeting via teleconference will be to operate under the “older” teleconference rules outlined above. Failure to properly conduct a meeting under the applicable rules could result in Council action being declared void. Staff will proceed accordingly absent Council direction to the contrary.
Staff continue to seek guidance on these issues and will update Council as more information is obtained. For the time being, it should be assumed that meeting under the relaxed teleconference rules of AB361 will expire at the end of February 2023.
Staff will be available to answer any questions.
Fiscal Impacts
None of significance.
Attachments:
9B93