AGENDA
Garden Grove City
Council
Tuesday, November 14,
2023
6:30 PM
Community Meeting
Center 11300 Stanford
Avenue Garden Grove
California 92840
Steve Jones
Mayor
George S. Brietigam
Mayor Pro Tem - District 1
John R. O'Neill
Council Member - District 2
Cindy Tran
Council Member - District 3
Joe DoVinh
Council Member - District 4
Stephanie Klopfenstein
Council Member - District 5
Kim B. Nguyen-Penaloza
Council Member - District 6
Meeting Assistance: Any person requiring auxiliary aids and services, due to a disability, to address the City Council, should contact the City Clerk's Office 72 hours prior to the meeting to arrange for accommodations. Phone: (714) 741-5040.
Agenda Item Descriptions
: Are intended to give a brief, general description of the item. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or the agenda.
Documents/Writings
: Any revised or additional documents/writings related to an item on the agenda distributed to all or a majority of the Council Members within 72 hours of a meeting, are made available for public inspection at the same time (1) in the City Clerk's Office at 11222 Acacia Parkway, Garden Grove, CA 92840, during normal business hours; (2) on the City's website as an attachment to the City Council meeting agenda; and (3) at the Council Chamber at the time of the meeting.
Public Comments
: Members of the public who attend the meeting in-person and would like to address the City Council are requested to complete a pink speaker card indicating their name and address, and identifying the subject matter they wish to address. This card should be given to the City Clerk before the meeting begins. General comments are made during "Oral Communications" and should be limited to matters under consideration and/or what the City Council has jurisdiction over.
Persons wishing to address the City Council regarding a Public Hearing matter will be called to the podium at the time the matter is being considered.
Manner of Addressing the City Council
: After being called by the Mayor, you may approach the podium, it is requested that you state your name for the record, and proceed to address the City Council. All remarks and questions should be addressed to the City Council as a whole and not to individual Council Members or staff members. Any person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the City Council shall be called to order by the Mayor.If such conduct continues, the Mayor may order the person barred from addressing the City Council any further during that meeting.
Time Limitation
: When any group of persons wishes to address the City Council on the same subject matter, the Mayor may request a spokesperson be chosen to represent the group, so as to
GARDEN GROVE
avoid unnecessary repetition.At the City Council's discretion, a limit on the total amount of time for public comments during Oral Communications and/or a further limit on the time allotted to each speaker during Oral Communications may be set.
PLEASE SILENCE YOUR CELL PHONES DURING THE MEETING.
AGENDA
COUNCIL MEMBER O'NEILL, COUNCIL MEMBER TRAN, COUNCIL
MEMBER DOVINH, COUNCIL MEMBER KLOPFENSTEIN, COUNCIL
MEMBER K. NGUYEN-PENALOZA, MAYOR PRO TEM BRIETIGAM, MAYOR JONES
INVOCATION
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
1. PRESENTATIONS
1.a. Community Spotlight in recognition of Abigail Dinh for winning a gold medal with Team USA at the 16th International Dragon Boat Federation World Dragon Boat Racing Championships in Pattaya, Thailand.
2. ORAL COMMUNICATIONS (to be held simultaneously with other legislative bodies)
3. WRITTEN COMMUNICATIONS
3.a. Consideration of a request from the King Shocks Technology, Inc., for a Holiday Toy Drive. ( Action Item)
RECESS
CONDUCT OTHER LEGISLATIVE BODIES' BUSINESS
RECONVENE
4. CONSENT ITEMS
(Consent Items will be acted on simultaneously with one motion unless separate discussion and/or action is requested by a Council Member .)
4.a. Adoption of a Resolution and approval of other related documents to authorize the defeasance of the Garden Grove Public Financing Authority Lease Revenue Bonds, Series 2015A. ( Joint Action Item with the Public Financing Authority )
4.b. Adoption of a Resolution certifying commitment to projects submitted in Fiscal Years 2024/25 through 2029/30 for the Federal Transportation Improvement Program. (Action Item)
4.c. Adoption of a Resolution approving a City-wide Public Records
Retention and Destruction Manual and Schedule. ( Action Item)
4.d. Approval to extend the lease Agreement with Credit Union of Southern California for property located at 11390 Stanford, Garden Grove. (Revenue $71,813.88) (Action Item)
4.e. Approval of Final Parcel Map No. PM-2022-167 for the properties located at 7390 and 7440 Lincoln Way, Garden Grove. ( Action Item)
4.f. Acceptance of Interior Office Improvements Project, 11277 Garden Grove No. 03-2023 as complete. ( Action Item)
4.g. Acceptance of Project No. S-3102-A Civic Center Bridge and Landscape Renovation located at 11300 Stanford Avenue, Garden Grove, as complete. ( Action Item)
4.h. Receive and file minutes from the meeting held on October 24, 2023. (Action Item)
4.i. Receive and file warrants. ( Action Item)
4.j. Approval to waive full reading of Ordinances listed. ( Action Item)
5. PUBLIC HEARINGS
(Motion to approve will include adoption of each Resolution unless otherwise stated.)
5.a. Adoption of a Resolution approving an amendment to the Amended and Restated Agreement with AAA Oil, Inc. dba
California Fuels and Lubricants. ( Action Item)
5.b. Introduction and first reading to consider adopting Ordinances approving Amendment No. A-038-2023(a) and A-038-2023(b) Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GARDEN GROVE APPROVING A ZONING TEXT AMENDMENT
TO CHAPTER 9.52 OF TITLE 9 OF THE GARDEN GROVE
MUNICIPAL CODE PERTAINING TO RETAIL SALE BY DELIVERY
OF MEDICINAL CANNABIS; and
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GARDEN GROVE APPROVING AMENDMENT NO. A-038-
2023(B), A ZONING TEXT AMENDMENT TO PORTIONS OF
CHAPTERS 9.08, 9.12, 9.16, AND 9.18 OF TITLE 9 OF THE
CITY OF GARDEN GROVE MUNICIPAL CODE ESTABLISHING
ENHANCED STANDARDS FOR THE SCREENING OF
MECHANICAL EQUIPMENT WITHIN AN EXTERIOR EQUIPMENT
ENCLOSURE IN RESIDENTIAL ZONES; CLARIFYING HOW THE
MAXIMUM PERMITTED HARDSCAPE COVERAGE IN THE FRONT
YARD SETBACK IN RESIDENTIAL, COMMERCIAL,
INDUSTRIAL, AND OPEN SPACE ZONES IS CALCULATED; AND
UPDATING THE STANDARDS FOR ARTIFICIAL TURF IN ALL
ZONES. ( Action Item)
6. COMMISSION/COMMITTEE MATTERS
6.a. Receive and file the Measure O Citizen's Oversight Committee Annual Report for Fiscal Year 2022-23. ( Action Item)
7. ITEMS FOR CONSIDERATION
7.a. Authorization of the issuance of a purchase order to PB Loader for one (1) new Police Department Command Post.
(Cost: $1,199,660.40) ( Continued Action Item from October 24, 2023.)
7.b. Adoption of a Resolution authorizing the submittal of an application to the Orange County Transportation Authority for the Construction Phase of the Harbor/Garden Grove Intersection Improvement Project. (Grant Amount $3,704,967.50) (Action Item)
7.c. Adoption of a Resolution authorizing the City Manager to take actions necessary to finance the Public Safety Facility and Civic Center Revitalization Project through the issuance of debt by the Garden Grove Public Financing Authority. ( Action Item)
7.d. Introduction and first reading of an Ordinance amending the Municipal Code pertaining to the regulation of the sale of tobacco products
Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GARDEN GROVE AMENDING CHAPTER 6.44 OF TITLE 6 OF
THE GARDEN GROVE MUNICIPAL CODE PERTAINING TO
REGULATION OF THE SALE OF TOBACCO PRODUCTS. ( Action
Item)
8. ORDINANCES PRESENTED FOR SECOND READING AND ADOPTION
8.a. Second reading and adoption of Ordinance No. 2944
Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN
GROVE ADOPTING THE GARDEN GROVE POLICE DEPARTMENT
MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT
CODE 7071 AND RESCINDING ORDINANCE NO. 2935. ( Action
Item)
9. MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY
MANAGER
9.a. Update on the Civic Center Revitalization Project as requested by City Manager Kim.
10. ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, November
28, 2023, at 5:30 p.m. in the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California 92840.
Happy Birthday Council Member O'Neill
Agenda Item - 3.a.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: John Montanchez
Dept.: City Manager Dept.: Community Services
Subject: Consideration of a request
from the King Shocks
Technology, Inc., for a
Holiday Toy Drive. ( Action
Item)
Date: 11/14/2023
OBJECTIVE
To transmit a letter from King Shocks Technology, Inc. requesting approval of temporary closure of city streets for a Holiday Toy Drive on Saturday, December 16, 2023.
BACKGROUND
Staff met with the business owner of King Shocks Technology, located in Garden Grove, to discuss a Holiday Toy Drive that unites the Off-Road, Overland, and Outdoor community to collect toy donations that would be delivered to the Children's Hospital of Orange County. The proposed event would require street closures beginning on Lampson Avenue and Edison Way, then east on Belgrave Avenue, to south on Industry Street, ending on Lampson Avenue. Attached is a map that outlines the street closures.
Staff explained the community event and street closure permit process for the proposed Holiday Toy Drive. Requirements include partnership with a local non-profit organization in good standing, insurance coverage, street closure approval from the City Council, and reimbursement for any direct costs to provide city support.
DISCUSSION
King Shocks Technology, Inc., would like to request City Council approval for the closure of City streets for a Holiday Toy Drive on Saturday, December 16, 2023. The street closures would be effective from 6:00 a.m. to 1:00 p.m.
King Shock Technology, Inc., has received approval from the Garden Grove Community Foundation, to serve as the non-profit organization to apply for the community event permit.
The attached event route has been reviewed by the Police Department Traffic Division, who has agreed to provide staff support for the closure of city streets during the event.
FINANCIAL IMPACT
Approval of the proposed Holiday Toy Drive event will not have an impact on the City's General Fund. King Shocks Technology, Inc. will reimburse the City for direct costs associated with police support for this event. The estimated cost for staff support is approximately $3,000, and is expected to be fully reimbursed.
RECOMMENDATION
It is recommended that the City Council:
Consider the written request from Kings Shock Technology, Inc. for a Holiday Toy Drive on Saturday, December 16, 2023.
By: Janet Pelayo, Deputy Director
ATTACHMENTS:
Description Upload Date Type File Name
King Shock Technology -
Written Request 10/26/2023 Letter King_Shocks_City_Request_Charity.pdf King Shock Holiday Toy
Drive Map 11/2/2023 Backup Material King_Shocks_Map.pdf
•
King Shock Technology, Inc.
12472 Edison Way • Garden Grove, CA 92841
Phone 714-530-8701 • Fax 714-530-8702 • www.kingshocks.com 12472 Edison Way • Garden Grove, CA 92841
Phone 714-530-8701 • Fax 714-530-8702 • www.kingshocks.com
To Mayor Jones and City Council,
My name is Brett King and I would like to requ est a street closure around my business (12472 Edison Way, Garden Grove, Ca 92841) for a Christmas event benefitting a charitable organization on 12/16/23 from the ho urs of 0600 to 1300. The event will be free and open to the public.
The street closure would begin on Lampson Ave. and Edison Way. It would head north on Edison Way and continue east on Belgrave ave., to south on Industry st., ending back at Lampson ave. (See attached map for details). This map shows details on how the street closure will be sectioned off for booths of local businesses, portable public restrooms, hand washing stations, a 12 foot wide lane for emergency vehicles and general parking.
This is a special event since it unites the Off-Road, Overland and Outdoor community together for a great cause. The goal is to work alongside a non- profit organization and local businesses to collect toy donations from the public and deliver them to The Children’s Hospital of Orange County. We believe it’s important to give back to our community and with your help, this can become an annual event for the city of Garden Grove.
Respectfully,
Brett King
King Shocks
KINS
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~ACING St-lOCl<S
Closure
Agenda Item - 4.a.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Patricia Song
Dept.: City Manager/Executive
Director
Dept.: Finance
Subject: Adoption of a Resolution and
approval of other related
documents to authorize the
defeasance of the Garden
Grove Public Financing
Authority Lease Revenue
Bonds, Series 2015A.
(Joint Action Item with the
Public Financing Authority )
Date: 11/14/2023
OBJECTIVE
For the City Council to adopt a resolution authorizing the defeasance of the Garden Grove Public Financing Authority Lease Revenue Bonds, Series 2015A, and approve the execution of an escrow agreement and a termination agreement, and additional actions related thereto.
BACKGROUND
On November 10, 2015, the Garden Grove Public Financing Authority issued $24,790,000 of Lease Revenue Bonds, Series 2015A (the Bonds). The Bonds were issued to refund the outstanding balance of the 2002 Certificates of Participation Series A in the amount of $17,100,000, and to finance the acquisition and construction of a fire station, the renovation of the police facility, and other public capital improvement projects. The Bonds carry an interest rate ranging from 2.0% to
5.0% over a 30-year term, with maturity date of March 1, 2045. The City has been making debt service payments on a semi-annual basis. As of September 30, 2023, the Bonds carry a principal balance of $20,715,000, with interest rate of 5.0% for the remaining term of the Bonds.
In June 2022, the City initiated the Civic Center Revitalization Project, with the purpose of improving the civic center area and replacing the police safety facilities to better meet the needs of the community for all current and future residents.
Several parcels in the civic center area are pledged for the Bonds. To facilitate the
Civic Center Revitalization Project and ensure its delivery feasibility and cost efficiency, it is in the best interest of the City to remove the liens pledged for the Bonds.
In June 2023, the City and the Garden Grove Housing Authority executed a purchase and sale agreement to convey certain parcels in the civic center area located at 11390-11400 Stanford Avenue to the Housing Authority. Acquiring the property is necessary for the Housing Authority to explore future housing production opportunities. The sale of the property is contingent upon the removal of the lien.
DISCUSSION
Staff has been working with the City’s bond counsel and municipal advisor searching for the best approach to remove the liens pledged for the Bonds. Several alternatives were discussed, including replacing the pledged properties with other unencumbered City properties with equal value, cash fund a portion of the outstanding debt to release the properties pledged, and defease the Bonds in its entirety. Taking consideration of the cost, timeline, future impact on the Civic Center Area, current cash position of the City, and the current market condition, staff and consultants reached consensus that defeasing the Bonds in its entirety is the best alternative.
The Bonds are call-protected until March 2026. Therefore an escrow account is required to defease the Bonds. Securities will be purchased so that interest earnings will be available between now and March 2026 to fund for partial debt service payment from March 2024 to September 2025. An Escrow Agreement and a Termination Agreement have been prepared by the City’s bond counsel accordingly.
If the City Council approves to proceed with the defeasance, the Bonds will be considered fully redeemed on December 5, 2023.
FINANCIAL IMPACT
The City is currently paying 5.0% interest on the Bonds. The defeasance escrow requirement is $22.1 million, with the purchase of securities to fund for the escrow, cash flow requirement would be $20.8 million, equivalent to the outstanding principal amount. In addition, the City will be saving $10.6 million in interest cost over the remaining life of the Bonds by paying it off early. Net against a potential loss of investment earning in the amount of $6.7 million, assuming the funds were invested at the current two-year constant maturity treasury rate, the benchmark of the City’s investment portfolio, there will be net cash flow savings of approximately $3.9 million by defeasing the Bonds.
The recommended actions will authorize staff and consultants to initiate the proceedings to defease the Bonds which will remove all the liens against the properties within the civic center area. This not only will allow the Housing Authority to purchase the parcels located at 11390-11400 Stanford Avenue from the City, it will also remove potential challenges related to parcel encumbrances for the Civic Center Revitalization Project.
The defeasance of the Bonds will not result in additional taxes or fees to our tax
payers.
RECOMMENDATION
It is recommended that the City Council in a joint action with the Garden Grove Public Financing Authority:
Adopt the Resolution authorizing the defeasance of the Garden Grove Public Financing Authority Lease Revenue Bonds, Series 2015A, the execution of an escrow agreement and a termination agreement, and approving certain acts in connection therewith and certain other matters (Attachment 1);
Approve the form and authorize the City Manager/Executive Director to execute the Escrow Agreement by and among the City of Garden Grove, the Garden Grove Public Financing Authority, and U.S. Bank Trust Company, as escrow agent (Attachment 2); and
Approve the form and authorize the City Manager/Executive DIrector to execute the Termination Agreement by and among the City of Garden Grove, the Garden Grove Public Financing Authority, and U.S. Bank Trust Company, as 2015 Trustee (Attachment 3).
ATTACHMENTS:
Description Upload Date Type File Name
Attachment 1 - Resolution 11/2/2023 Resolution ResolutionToDefease- City.pdf
Attachment 2 - Escrow
Agreement 11/2/2023 Agreement Escrow_Agreement.pdf
Attachment 3 - Termination
Agreement 11/2/2023 Agreement Termination_Agreement.pdf
•
•
•
4871-6589-6842v5/022046-0061
GARDEN GROVE CITY COUNCIL
RESOLUTION NO. _____ -23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE
AUTHORIZING THE DEFEASANCE OF THE GARDEN GROVE PUBLIC FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 2015A, THE EXECUTION OF AN
ESCROW AGREEMENT AND A TERMINATION AGREEMENT, AND APPROVING
CERTAIN ACTS IN CONNECTION THEREWITH AND CERTAIN OTHER MATTERS WHEREAS, the City of Garden Grove (the “City”), a California munici pal corporation and general law city, proposes to undertake the defeasance of certain bonds; WHEREAS, the City Council of the City (the “City Council”) has previously approved the issuance of the Garden Grove Public Financing Authority Lease Revenue Bonds, Series 2015A (the “Series 2015A Bonds”) to be issued pursuant to an Indenture, dated as of November 1, 2015 (the “Indenture”), by and among the Garden Grove Public Financing Authority (the “Authority”), the City, and U.S. Bank Trust Company, National Association (the “Trustee”), as successor trustee thereunder;
WHEREAS, the City Council has determined that it is in the best interest of the City to cause the defeasance of the Series 2015A Bonds and to approve an escrow agreement and termination agreement in connection therewith;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Escrow Agreement (the “Escrow Agreement”) providing for the defeasance of the Series 2015A Bonds, in substantially the form submitted herewith, is hereby approved. The City Manager or the designee thereof (the “Authorized Officers”), are each hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Escrow Agreement with such changes, insertions and omissions as may be recommended by the City’s General Counsel or Stradling Yocca Carlson & Rauth, as Special Counsel, and approved by the Authorized Officer executing the same, said execution being conclusive evidence of such approval.
SECTION 2. The Termination Agreement (the “Termination Agreement”) terminating the Ground Lease, the Lease Agreement, the Memorandum of Lease Agreement, and the Assignment Agreement (each as defined in the Indenture) executed and delivered in connection with the issuance of the Series 2015A Bonds, in substantially the form submitted herewith, is hereby approved. Each Authorized Officer is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Termination Agreement with such changes, insertions and omissions as may be recommended by the City’s General Counsel or Special Counsel, and approved by the Authorized Officer executing the same, said execution being conclusive evidence of such approval.
SECTION 3. The Authorized Officers are hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and
Garden Grove City Council
Resolution No. _____-23
2 4871-6589-6842v5/022046-0061
all acts and things necessary or proper for carrying out the defeasance of the Series 2015A Bonds, the Escrow Agreement, the Termination Agreement and this resolution.
SECTION 4. Stradling Yocca Carlson & Rauth is hereby appointed and retained as Special Counsel and Fieldman, Rolapp & Associates, Inc. is hereby appointed and retained as Municipal Advisor in connection with the defeasance of the Series 2015A Bonds. Each Authorized Officer is hereby authorized and directed to enter into contracts or to sign such other documentation as is necessary or appropriate to evidence such engagement and retain such services in connection with the defeasance of the Series 2015A Bonds.
SECTION 5. This resolution shall take effect immediately.
Adopted this 14th day of November 2023.
___________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
Garden Grove City Council
Resolution No. _____-23
3 4871-6589-6842v5/022046-0061
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
I, TERESA POMEROY, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Garden Grove, California, at a meeting held on November 14, 2023, by the following vote:
AYES:
NOES:
ABSENT:
___________________________
CITY CLERK
4858-4563-9049v7/022046-0061
GARDEN GROVE PUBLIC FINANCING AUTHORITY
LEASE REVENUE BONDS, SERIES 2015A
ESCROW AGREEMENT
This ESCROW AGREEMENT (the “Escrow Agreement”) is made and entered into as of __________, 2023, by and among the City of Garden Grove (the “City”), the Garden Grove Public Financing Authority (the “Authority”), and U.S. Bank Trust Company, National Association, a national banking association organized and existing under the laws of the United States of America and being qualified to accept and administer the escrow hereby created, as escrow agent (the “Escrow Agent”).
W I T N E S S E T H :
WHEREAS, the Authority has heretofore issued its Garden Grove Public Financing Authority Lease Revenue Bonds, Series 2015A (the “2015 Bonds”), pursuant to the terms of that certain Indenture dated as of November 1, 2015 (the “2015 Indenture”), by and among the Authority, the City and U.S. Bank Trust Company, National Association, as successor trustee to U.S. Bank National Association (the “2015 Trustee”);
WHEREAS, the City has decided to prepay in full the Base Rental Payments as defined in and pursuant to that certain Lease Agreement dated as of November 1, 2015 by and between the City and the Authority (the “Lease Agreement”);
WHEREAS, the Authority will apply the prepaid Base Rental Payments to redeem and defease the 2015 Bonds in full on ___________, 2023;
WHEREAS, the prepaid Base Rental Payments received from the City and amounts on deposit with the 2015 Trustee under the 2015 Indenture will be sufficient to pay the principal and interest due on the 2015 Bonds through and including March 1, 2025, and to redeem on March 1, 2025 the 2015 Bonds maturing on and after March 1, 2026 at a redemption price equal to the principal amount to be redeemed, without premium (the “Redemption Price”); and
WHEREAS, pursuant to Section 2 of this Escrow Agreement, the Authority will cause the Base Rental Payments received from the City plus amounts on deposit in the funds and accounts under the 2015 Indenture, and certain securities purchased therefrom, to be set aside with the Escrow Agent, in order to provide for the payment of the principal and interest due on the 2015 Bonds through and including March 1, 2025, and to pay on March 1, 2025, the Redemption Price of the 2015 Bonds (collectively, the “Escrow Requirement”) , such proceeds and funds to be deposited in an escrow fund to be created hereunder designated as the “Garden Grove Public Financing Authority 2015A Bonds Escrow Fund” to be maintained by the Escrow Agent (the “Escrow Fund”) which moneys will be used to purchase securities as described on Schedule II hereto (the “Federal Securities”), the principal of and the interest on which when paid will provide money which, together with the moneys deposited with the Escrow Agent at the same time pursuant to this Escrow Agreement, will be sufficient to pay the Escrow Requirement, as set forth in Schedule III hereto;
2 4858-4563-9049v7/022046-0061
NOW, THEREFORE, the City, the Authority and the Escrow Agent hereby agree as follows:
SECTION 1. Establishment and Maintenance of Escrow Fund. The Escrow Agent agrees to establish and maintain, until the 2015 Bonds have been paid and redeemed in full, the Escrow Fund, and to hold the moneys and securities therein at all times as a special and separate escrow fund (wholly segregated from all other securities, investments or moneys on deposit with the Escrow Agent). All moneys in the Escrow Fund are hereby irrevocably pledged, subject to the provisions of Section 2 hereof, to secure the payment when due of the principal of and interest on the 2015 Bonds and the Redemption Price of the 2015 Bonds.
SECTION 2. Funding of the Escrow Fund.
(a) The Authority agrees that, not later than __________, 2023 (th e “Closing Date”), the Authority will cause to be transferred to the Escrow Agent for deposit in the Escrow Fund $__________ from the prepaid Base Rental Payments and $__________ from funds held by the 2015 Trustee under the 2015 Indenture.
(b) The Authority hereby directs the Escrow Agent to immediately apply $__________ of such amounts to acquire, on the Closing Date, the Federal Securities set forth in Schedule II and to hold $__________ uninvested as cash.
SECTION 3. Investment of Moneys. The Escrow Agent acknowledges receipt of the moneys described in Section 2 and agrees immediately to invest such moneys in the Federal Securities listed on Schedule II hereto and to deposit such Federal Securities in the Escrow Fund. The Escrow Agent shall be entitled to rely upon the conclusion of Robert Thomas, CPA (the “Verification Agent”), that the Federal Securities listed on Schedule II hereto mature and bear interest payable in such amounts and at such times as, together with cash on deposit in the Escrow Fund, will be sufficient to pay the principal and interest due on the 2015 Bonds through and including March 1, 2025 and to pay the Redemption Price on March 1, 2025.
SECTION 4. Investment of Any Remaining Moneys. At the written direction of the Authority, the Escrow Agent shall reinvest any other amount of principal and interest, or any portion thereof, received from the Federal Securities prior to the date on which such payment is required for the purposes set forth herein, in noncallable Federal Securities maturing not later than the date on which such payment or portion thereof is required for the purposes set forth in Section 6, at the written direction of the Authority, as verified in a report prepared by an independent certified public accountant or firm of certified public accountants of favorable national reputation experienced in the refunding of obligations of political subdivisions to the effect that the reinvestment described in said report will not adversely affect the sufficiency of the amounts of securities, investments and money in the Escrow Fund to pay the principal and interest due on the 2015 Bonds through and including March 1, 2025 and to pay the Redemption Price on March 1, 2025, and provided that the Authority has obtained and delivered to the Escrow Agent an unqualified opinion of Stradling Yocca Carlson & Rauth, a Professional Corporation, that such reinvestment will not adversely affect the exclusion from gross income for federal income tax purposes of the interest on the 2015 Bonds. In the absence of such written direction such other amounts shall be held uninvested. Any interest income resulting from investment or reinvestment of moneys pursuant to this Section 4 which
3 4858-4563-9049v7/022046-0061
is not required for the purposes set forth in Section 6, as verified in the letter of the Verification Agent originally obtained by the Authority with respect to the defeasance of the 2015 Bonds or in any other report prepared by an independent certified public accountant or firm of certified public accountants of favorable national reputation experienced in the refunding of tax-exempt obligations of political subdivisions, shall be paid to the City promptly upon the receipt of such interest income by the Escrow Agent. The determination of the Authority as to whether an accountant qualifies under this Escrow Agreement shall be conclusive. The Escrow Agent is hereby authorized, in making or disposing of any investment permitted by this Escrow Agreement, to deal with itself (in its individual capacity) or with any one or more of its affiliates, whether it or any such affiliate is acting as agent of the Escrow Agent or for any third person or dealing as principal for its own account.
SECTION 5. Substitution of Securities. Upon the written request of the Authority, and subject to the conditions and limitations herein set forth and applicable governmental rules and regulations, the Escrow Agent shall sell, redeem or otherwise dispose of the Federal Securities, provided that there are substituted therefor from the proceeds of the Federal Securities other Federal Securities, but only after the Authority has obtained and delivered to the Escrow Agent: (i) an unqualified opinion of Stradling Yocca Carlson & Rauth, a Professional Corporation, to the effect that the substitution of securities is permitted under the legal documents in effect with respect to the 2015 Bonds and that such reinvestment will not adversely affect the exclusion from gross income for federal income tax purposes of the interest on the 2015 Bonds; (ii) a report by a firm of independent certified public accountants to the effect that the reinvestment described in said report will not adversely affect the sufficiency of the amounts of securities, investments and money in the Escrow Fund to pay the principal and interest due on the 2015 Bonds through and including March 1, 202 5 and to pay the Redemption Price on March 1, 2025; and (iii) the prior written consent of the Bond Insurer. The Escrow Agent shall not be liable or responsible for any loss resulting from any reinvestment made pursuant to this Escrow Agreement and in full compliance with the provisions hereof.
SECTION 6. Payment and Redemption of the 2015 Bonds. The Authority hereby requests and irrevocably instructs the Escrow Agent to pay the principal and interest due on the 2015 Bonds through and including March 1, 202 5 and to pay the Redemption Price on March 1, 2025. Upon payment in full of the 2015 Bonds, the Escrow Agent shall transfer any moneys remaining in the Escrow Fund to the City and, after provision for payment of amounts due to the 2015 Trustee and the Escrow Agent pursuant to Section 6 and 9 hereof, this Escrow Agreement shall terminate. The Escrow Agent shall disburse moneys from the Escrow Fund for payment and redemption for the 2015 Bonds as set forth in Schedule III attached hereto.
SECTION 7. Notices of Defeasance and Redemption of the 2015 Bonds. The Authority hereby instructs the Escrow Agent to mail, first class, postage prepaid, a notice to the owners of the 2015 Bonds in the form attached hereto as Schedule I-A stating that the defeasance of the 2015 Bonds has occurred, in accordance with Section 10.02 of the 2015 Indenture. The Authority hereby further instructs the Escrow Agent to provide a notice of redemption in substantially the form attached hereto as Schedule I-B with respect to the 2015 Bonds in accordance with Sections 4.01 and 10.02 of the 2015 Indenture.
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SECTION 8. Notice of Possible Deficiencies. If at any time the Escrow Agent has actual knowledge that the moneys and securities in the Escrow Fund will not be sufficient to make all payments required by Section 6 hereof, the Escrow Agent shall notify the Authority in writing as soon as is reasonably practicable, of such fact, the amount of such deficiency and if known, the reason therefor; provided, however, that the Authority shall have no liability for any such deficiency.
SECTION 9. Fees and Costs. The Escrow Agent shall receive its reasonable fees and expenses as previously agreed to by the Escrow Agent and the Authority, and any other reasonable fees and expenses of the Escrow Agent (including attorneys’ fees) approved by the Authority. The parties hereto agree that the duties and obligations of the Escrow Agent shall be as expressly provided herein, and no implied duties or obligations shall be read into this Escrow Agreement against the Escrow Agent. The fees of and the costs incurred by the Escrow Agent shall in no event be deducted or payable from, or constitute a lien against, the Escrow Fund.
SECTION 10. Merger or Consolidation. Any company into which the Escrow Agent may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Escrow Agent may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible under this Escrow Agreement, shall be the successor of such Escrow Agent without the execution or filing of any paper or any further act, notwithstanding anything herein to the contrary.
SECTION 11. Entire Agreement; Severability. This Escrow Agreement and the exhibits hereto set forth the entire agreement and understanding of the parties related to this transaction and supersedes all prior agreements and understandings, oral or written. If any section, paragraph, sentence, clause or provision of this Escrow Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, sentence, clause or provisions shall not affect any of the remaining provisions of this Escrow Agreement.
SECTION 12. Execution of Counterparts. This Escrow Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original and all of which shall together constitute but one and the same instrument.
SECTION 13. Applicable Law. This Escrow Agreement shall be governed by and construed in accordance with the laws of the State of California. The parties hereby (i) irrevocably submit to the exclusive jurisdiction of any federal or state court sitting in the State of California, (ii) waive any objection to laying of venue in any such action or proceeding in such courts, and (iii) waive any objection that such courts are an inconvenient forum or do not have jurisdiction over any party.
SECTION 14. Indemnification. The Authority agrees to indemnify, hold harmless and defend the Escrow Agent, its officers, employees, directors, and agents, to the extent permitted by law from and against any and all losses, damages, claims, actions, liabilities, costs and expenses of whatever nature, kind or character (including, without limitation, attorneys’ fees, litigation and court costs, amounts paid in settlement and amounts paid to discharge judgments) which may be imposed on, or incurred by or asserted against the Escrow Agent directly or indirectly arising out of or related to any claim, suit, investigation,
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proceeding or action commenced or threatened as a result of the execution by the Escrow Agent of this Escrow Agreement, the performance of its obligations hereunder, or of the payment of the 2015 Bonds; provided, however, that this indemnification shall not cover any losses or expenses incurred by the Escrow Agent as a result of its negligence or willful misconduct. The agreements of the Authority hereunder shall survive the discharge of the 2015 Indenture and the payment of the Redemption Price and the resignation or removal of the 2015 Trustee.
SECTION 15. Immunities and Liability of Escrow Agent.
(a) The Escrow Agent undertakes to perform only such duties as are expressly and specifically set forth in this Escrow Agreement, and no implied duties or obligations shall be read into this Escrow Agreement against Escrow Agent. The permissive rights of the Escrow Bank to do the things enumerated in this Escrow Agreement shall not be construed as a duty and, with respect to such permissive rights, the Escrow Bank shall not be answerable for other than its negligence or willful misconduct.
(b) The Escrow Agent shall not have any liability hereunder except to the extent of its own negligence or willful misconduct. In no event shall the Escrow Agent be liable for any special, indirect, punitive, incidental or consequential loss or damages of any kind whatsoever, (including, but not limited to, loss of profit), even if the Escrow Agent or the Authority knows of the possibility of such damages and regardless of the form of action. The Escrow Agent shall have no duty or responsibility under this Escrow Agreement in the case of any default in the performance of the covenants or agreements contained in the resolutions, indenture and fiscal agent agreement relating to the 2015 Bonds. The Escrow Agent is not required to resolve conflicting demands to money or property in its possession under this Escrow Agreement. The Escrow Agent shall not be liable for any action taken or omitted by it or any of its officers, employees or agents in good faith and believed by it to be authorized or within the discretion or rights or powers conferred upon it by this Indenture. The Escrow Agent shall not be liable for any actions taken or errors of judgement made in good f
aith by a responsible officer, unless it shall be proved that the Escrow Agent was negligent in ascertaining the pertinent facts. The Escrow Agent shall neither be responsible for, nor chargeable with, knowledge of the terms and conditions of any other agreement, instrument, or document other than this Escrow Agreement, whether or not an original or a copy of such agreement has been provided to the Escrow Agent. The Escrow Agent shall have no duty to know or inquire as to the performance or nonperformance of any provision of any other agreement, instrument, or document other than this Escrow Agreement.
(c) The Escrow Agent may act through attorneys or agents and shall not be responsible for the acts or omissions of any such attorney or agent appointed with due care. The Escrow Agent may consult with counsel and other professionals of its own choice.
The Escrow Agent shall be entitled to rely on and shall not be liable for any action taken or omitted to be taken by the Escrow Agent in accordance with the advice of counsel or other professionals retained or consulted by the Escrow Agent, and the opinion of such counsel or other professionals shall be full and complete authorization to take or suffer any action hereunder in accordance with such opinion.
(d) The Escrow Agent shall not be responsible for any of the recitals or representations contained herein.
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(e) The Escrow Agent may become the owner of, or acquire any interest in, any of the 2015 Bonds with the same rights that it would have if it were not the Escrow Agent and may engage or be interested in any financial or other transaction with the Authority.
(f) The Escrow Agent shall not be liable for the accuracy of any calculations provided as to the sufficiency of the moneys and securities deposited with it to pay the prescribed 2015 Bonds.
(g) The Escrow Agent shall not be liable for any action or omission of the Authority under this Escrow Agreement.
(h) Whenever in the administration of this Escrow Agreement the Escrow Agent shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may be deemed to be conclusively proved and established by a certificate of any authorized representative of the Authority and/or opinion of counsel, and such certificate or opinion shall, in the absence of negligence or willful misconduct on the part of the Escrow Agent, be full warrant to the Escrow Agent for any action taken or suffered by it under the provisions of this Escrow Agreement.
(i) The Escrow Agent shall be entitled to request and receive written instructions hereunder and shall have no responsibility or liability for any losses or damages of any nature that may arise from any action taken or not taken by the Escrow Agent in accordance with such written direction. The Escrow Agent may conclusively rely, as to the truth and accuracy of the statements and correctness of any written notice, instruction, request, certificate, document, order, judgment, decree or opinion furnished to it and the calculations provided to it in connection with this Escrow Agreement and shall be protected in acting, or refraining from acting, upon any written notice, instruction, request, certificate, document, calculations or opinion furnished to the Escrow Agent in compliance with this Escrow Agreement and reasonably believed by the Escrow Agent to have been signed or presented by the proper party, not only as to due execution, validity and effectiveness, but also as to the truth and accuracy of any information contained therein, and it need not investigate any fact or matter stated in such notice, instruction, request, certificate or opinion.
(j) The Escrow Agent shall incur no liability for losses arising from any investment made pursuant to this Escrow Agreement. The parties hereto acknowledge that the Escrow Agent is not providing investment supervision, recommendations, or advice.
(k) No provision of this Escrow Agreement shall require the Escrow Agent to expend or risk its own funds or otherwise incur any financial liability in the performance or exercise of any of its duties hereunder, or in the exercise of its rights or powers.
(l) The liability of the Escrow Agent to make the payments required by this Escrow Agreement shall be limited to the moneys and securities in the Escrow Fund.
(m) The Escrow Agent shall furnish the Authority periodic cash transaction statements which include detail for all investment transactions effected by the Escrow Agent or brokers selected by the Authority. Upon the Authority ’s election, such statements will be
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delivered via the Escrow Agent’s online service and upon electing such service, paper statements will be provided only upon request. The Authority waiv es the right to receive brokerage confirmations of security transactions effected by the Escrow Agent as they occur, to the extent permitted by law. The Authority further understands that trade confirmations for securities transactions effected by the Escrow Agent will be available upon request and at no additional cost and other trade confirmations may be obtained from the applicable broker.
(n) T he Escrow Agent shall not be responsible or liable for any failure or delay in the performance of its obligations under this Escrow Agreement arising out of or caused, directly or indirectly, by circumstances beyond its control, including without limitation, any act or provision of any present or future law or regulation or governmental authority; acts of God; earthquakes; fires; floods; wars; terrorism; civil or military disturbances; sabotage; epidemics; quarantine restrictions; riots; interruptions, loss or malfunctions of utilities, computer (hardware or software) or communications service; accidents; labor disputes; acts of civil or military authority or governmental actions; or the unavailability of the Federal Reserve Bank wire or telex or other wire or communication facility.
(o) The Escrow Agent shall be under no obligation to exercise any of the rights or powers vested in it by this Escrow Agreement at the request or direction of the Authority, pursuant to the provisions of this Escrow Agreement, unless such parties shall have offered to the Escrow Agent security or indemnity (satisfactory to the Escrow Agent in its sole and absolute discretion) against the costs, expenses and liabilities which may be incurred by it in compliance with such request or direction. The Escrow Agent may resign and be discharged from its duties and obligations hereunder at any time by giving no less than thirty (30) calendar days’ prior written notice of such resignation to the Authority, specifying the date when such resignation shall take effect.
SECTION 16. Termination and Modification of Agreement. Upon final payment in full of the principal of and interest on the 2015 Bonds pursuant to this Escrow Agreement, all obligations of the Escrow Agent under this Escrow Agreement shall cease and terminate, except for the obligation of the Escrow Agent to pay or cause to be paid to the owners of the 2015 Bonds not presented for payment all sums due thereon and the obligation of the Authority to pay to the Escrow Agent any amounts due and owing to the Escrow Agent hereunder. This Escrow Agreement may not be amended or modified in any manner which is materially adverse to the Owners of the 2015 Bonds without the unanimous prior written consent of the Owners of the 2015 Bonds and the Bond Insurer.
SECTION 17. Termination of Lease Agreement , Memorandum of Lease Agreement, Ground Lease, and Assignment Agreement. The parties hereto agree that the deposit of the moneys in the Escrow Fund contemplated by this Escrow Agreement will result in the termination of the Lease Agreement, that certain Memorandum of Lease Agreement, dated as of November 1, 2015 by and between the City and the Authority, that certain Ground Lease, dated as of November 1, 2015 by and between the City and the Authority, and that certain Assignment Agreement, dated as of November 1, 2015 by and between the Authority and the 2015 Trustee. Therefore, upon the effectiveness of this Escrow Agreement, the Authority, the City and the 2015 Trustee hereby acknowledge and agree that the agreements set forth in the prior sentence shall be terminated and discharged, and shall be of no further force or effect and the Authority and 2015 Trustee have no further interest in the premises
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that are the subject of the foregoing agreements (the “Leased Premises”) and title to the Leased Premises has vested in the City.
SECTION 18. No Optional Redemption or Amendments. Except as provided in this Escrow Agreement, (a) the Authority hereto agrees it will not exercise any prior optional redemption of 2015 Bonds secured by this Escrow Agreement or any other redemption other than mandatory sinking fund redemptions unless (i) the right to make any such redemption has been expressly reserved in the Escrow Agreement and such reservation has been disclosed in detail in an official statement for the refunding of bonds, and (ii) as a condition to any such redemption, there shall be provided to the Bond Insurer a verification report as to the sufficiency of escrow receipts without reinvestment to meet the Escrow Requirements remaining following any such redemption; and (b) the Authority shall not amend the Escrow Agreement or enter into a forward purchase agreement or other agreement with respect to rights in escrow without the prior written consent of the Bond Insurer.
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IN WITNESS WHEREOF, the City of Garden Grove, the Garden Grove Public Financing Authority and U.S. Bank Trust Company, National Association, as Escrow Agent, have caused this Escrow Agreement to be executed each on its behalf by duly authorized officers as of the day and year first above written.
CITY OF GARDEN GROVE
By:
City Manager
ATTEST:
City Clerk
GARDEN GROVE PUBLIC FINANCING
AUTHORITY
By:
Executive Director
ATTEST:
Secretary
[SIGNATURES CONTINUED ON NEXT PAGE.]
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[SIGNATURE PAGE CONTINUED.]
U.S. BANK TRUST COMPANY, NATIONAL
ASSOCIATION, as Escrow Agent
By:
Authorized Officer
SCHEDULE I-A
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SCHEDULE I-A
FORM OF NOTICE OF DEFEASANCE
NOTICE OF DEFEASANCE OF
$24,790,000
GARDEN GROVE PUBLIC FINANCING AUTHORITY
LEASE REVENUE BONDS, SERIES 2015A
BASE CUSIP NO. 36527R
CUSIP*
Maturity
(March 1) Amount
AJ7 2024 $ 565,000
AK4 2025 595,000
AL2 2026 625,000
AM0 2027 655,000
AN8 2028 690,000
AP3 2029 725,000
AQ1 2030 760,000
AR9 2040* 9,580,000
AS7 2045* 6,520,000
________
* Term Bond
Notice is hereby given to the holders of all of the outstanding Garden Grove Public Financing Authority Lease Revenue Bonds, Series 201 5A, maturing on and after March 1 , 2024, as listed above (the “ Defeased Bonds”) (i) that there has been deposited with U.S.
Bank Trust Company, National Association, as Escrow Agent (the “Escrow Agent”), moneys and securities under the Escrow Agreement, dated as of __________, 2023 (the “Escrow Agreement”), by and among the City of Garden Grove (the “City”), the Garden Grove Public Financing Authority (the “Authority”) and the Escrow Agent, which will provide moneys sufficient and available to pay scheduled payments of principal and interest on the Defeased Bonds through and including March 1, 2025, and to redeem on March 1, 2025 the Defeased Bonds maturing on and after March 1, 2026, at a redemption price equal to the principal amount of the Defeased Bonds to be redeemed, without premium; (ii) that the Escrow Agent has been irrevocably instructed to redeem on March 1, 2025 the Defeased Bonds maturing on and after March 1, 2026; and (iii) that the Defeased Bonds are deemed to be paid in accordance with Section 10.01 of the Indenture by and among the Authority, the City and U.S. Bank Trust Company, National Association, as Successor Trustee, dated as of November 1, 2015, pursuant to which the Defeased Bonds were issued.
CONTINUING DISCLOSURE FILINGS: As a consequence of the defeasance of the Defeased Bonds listed herein, the City will no longer file annual reports or notices of certain enumerated events for the Defeased Bonds pursuant to the continuing disclosure undertaking for the Defeased Bonds.
SCHEDULE I-A
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* The CUSIP numbers are included solely for the convenience of the Holders of the Defeased Bonds. None of the City, the Authority or the Escrow Agent shall be responsible for any error of any nature relating to such numbers.
Dated this ___ day of __________, 2023.
CITY OF GARDEN GROVE
GARDEN GROVE PUBLIC FINANCING
AUTHORITY
U.S. BANK TRUST COMPANY, NATIONAL
ASSOCIATION
as Escrow Agent
SCHEDULE I-B-1
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SCHEDULE I-B
FORM OF NOTICE OF REDEMPTION
$24,790,000
GARDEN GROVE PUBLIC FINANCING AUTHORITY
LEASE REVENUE BONDS, SERIES 2015A
BASE CUSIP NO. 36527R
NOTICE IS HEREBY GIVEN to the owners of the above-captioned Bonds (the “Bonds”) of the Garden Grove Public Financing Authority (the “Authority”) issued on November 24, 2015, pursuant to the Indenture, dated as of November 1, 2015 (the “Indenture”), by and among the Authority, the City of Garden Grove and U.S. Bank Trust Company, National Association, as successor trustee (the “Trustee”), that the Bonds listed below in the amount of $19,555,000.00 have been selected for redemption on March 1, 2026 (the “Redemption Date”).
CUSIP**
Maturity
(March 1) Rate Amount
Redemption
Price
AL2 2026 5.000% $ 625,000 116.339
AM0 2027 5.000 655,000 115.288
AN8 2028 5.000 690,000 114.507
AP3 2029 5.000 725,000 113.476
AQ1 2030 5.000 760,000 112.709
AR9 2040* 4.000 9,580,000 99.500
AS7 2045* 5.000 6,520,000 108.482
________
* Term Bond
The Bonds will be payable on the Redemption Date at a redemption price equal to the principal amount to be redeemed plus interest accrued to the Redemption Date (the “Redemption Price”), without premium. The Redemption Price of the Bonds will become due and payable on the Redemption Date. Interest with respect to the Bonds to be redeemed will cease to accrue on and after the Redemption Date, and such Bonds will be surrendered to the Trustee.
All Bonds are required to be surrendered to the principal corporate trust office of the Trustee, on the Redemption Date at the following location. If the Bonds are mailed, the use of registered, insured mail is recommended:
U.S. Bank Trust Company, National Association
1 California Street, Suite 1000
San Francisco, California 94111
Attention: Global Corporate Trust
If the Owner of any Bond subject to optional redemption fails to deliver such Bond to the Trustee on the Redemption Date, such Bond shall nevertheless be deemed redeemed
SCHEDULE I-B-2
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on the Redemption Date and the Owner of such Bond shall have no rights in respect thereof except to receive payment of the Redemption Price from funds held by the Trustee for such payment.
A form W-9 must be submitted with the Bonds. Failure to provide a completed form W-9 will result in 31% backup withholding pursuant to the Interest and Dividend Tax Compliance Act of 1983. Under the Jobs and Growth Tax Relief Reconciliation Act of 2003, 28% will be withheld if the tax identification number is not properly certified. ** The CUSIP numbers are included solely for the convenience of the Holders of the Bonds.
Neither the Authority nor the Trustee shall be responsible for any error of any nature relating to such numbers.
U.S. Bank Trust Company, National Association,
as Trustee
DATED this ____ day of __________, 2023.
SCHEDULE II
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SCHEDULE II
FEDERAL SECURITIES
Security Maturity
Principal
Amount
Interest
Rate Price
$ % %
SCHEDULE III
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SCHEDULE III
ESCROW FUND CASH FLOW
Date
Escrow
Requireme
nt
Net Escrow
Receipts
Excess
Receipts
Excess
Balance
$ $ $ $
Cash deposited on __________, 2023 in the Escrow Fund in the amount of $__________ of which $__________ will be used to purchase the Federal Securities listed in Schedule II hereto and $___ will be held uninvested.
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RECORDING REQUESTED BY:
City of Garden Grove
AND WHEN RECORDED MAIL TO:
Stradling Yocca Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
Attn: Vanessa S. Legbandt
[Space above for Recorder’s use.]
TERMINATION AGREEMENT
by and among
CITY OF GARDEN GROVE,
GARDEN GROVE PUBLIC FINANCING AUTHORITY,
and
U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION,
as 2015 Trustee
Dated as of __________, 2023
Relating to
$24,790,000
GARDEN GROVE PUBLIC FINANCING AUTHORITY
LEASE REVENUE BONDS, SERIES 2015A
4866-3275-6362/022046-0061
TERMINATION AGREEMENT
This TERMINATION AGREEMENT is dated as of __________, 2023 (this “Agreement”), and is by and among the CITY OF GARDEN GROVE, a municipal corporation and a general law city duly organized and existing under the Constitution and laws of the State of California (the “City”), the GARDEN GROVE PUBLIC FINANCING AUTHORITY, a joint exercise of powers authority duly organized and existing under the laws of the State of California (the “Authority”), and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION.
W I T N E S S E T H:
WHEREAS, the City and the Authority have heretofore entered into a Ground Lease dated as of November 1, 2015 and recorded in the Official Records of Orange County, California (the “County”) on November 23, 2015 as Document No. 2015000599705 (the “Ground Lease”), pursuant to which the City agreed to lease certain real property described in Exhibit A hereto including the improvements thereon to the Authority
(the “Property”); and
WHEREAS, the City and the Authority have heretofore entered into a Lease Agreement dated as of November 1, 2015 (the “Lease”) , and the Memorandum of Lease Agreement, dated as of November 1, 2015 by and between the City and the Authority (the “Memorandum of Lease Agreement”), which was recorded on November 23, 2015 in the Official Records of the County as Document No. 2015000599706, pursuant to which the Authority agreed to lease the Property back to the City, and the City agreed to make certain Base Rental Payments (the “Base Rental Payments”) to the Authority; and
WHEREAS, pursuant to an Assignment Agreement dated as of November 1, 2015 and recorded in the Official Records of the County on November 23, 2015 as Document No. 2015000599707 (the “Assignment Agreement”), by and between the Authority and the 2015 Trustee (as defined below), the Authority assigned to the 2015 Trustee, among other things, its rights to receive the Base Rental Payments from the City under the Lease and the right to exercise such rights and remedies conferred on the Authority under the Lease to enforce payment of the Base Rental Payments; and
WHEREAS, the City, the Authority and U.S. Bank Trust Company, National Association, as successor trustee to U.S. Bank National Association (the “2015 Trustee”), entered into that certain
Indenture dated as of November 1, 2015 (the “Indenture”), providing for the issuance of the Garden Grove Public Financing Authority Lease Revenue Bonds, Series 2015A (the “2015 Bonds”); and WHEREAS, the City has notified the Authority of its intention to exercise its option to prepay all of the Base Rental Payments due under the Lease, pursuant to the terms of Section 7.02(b) of the Lease; and
WHEREAS, the Authority has notified the Trustee of its intention to exercise its option to pay all maturing principal of and interest on the 2015 Bonds through and including March 1, 2025 (the “Redemption Date”), and to redeem on the Redemption Date, all of the 2015 Bonds maturing after the Redemption Date, pursuant to the terms of Section 10.02 of the Indenture; and
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WHEREAS, the Authority and the City hereby certify that there has been caused to be delivered a security deposit consisting of moneys and federal securities as described in Section 7.02(b) of the Lease and in Section 10.02 of the Indenture, which in the opinion of an independent certified public accountant will be sufficient to pay the principal of and interest on the 2015 Bonds coming due through and including the Redemption Date, and to prepay on the Redemption Date all 2015 Bonds maturing after the Redemption Date, to U.S. Bank Trust Company, National Association, as escrow agent (the “Escrow Agent”), under that certain Escrow Agreement, dated as of __________, 2023 (the “Escrow Agreement”), by and between the Authority and the Escrow Agent, in order to effect such payment and prepayment; and
WHEREAS, concurrently with the defeasance and redemption of the 2015 Bonds pursuant to the Escrow Agreement, the City and the Authority now desire to terminate and discharge the Ground Lease, the Lease, the Memorandum of Lease Agreement, and the Assignment Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto do hereby agree as follows:
1. Effective Date and Recordation. This Agreement shall become effective on _______, 2023, which is the date on which the Authority and the City deposited sufficient moneys and securities to pay and prepay the Base Rental Payments and defease and redeem the 2015 Bond s, and this Agreement shall not be recorded until such amounts have been deposited with the Escrow Agent.
2. Termination of Ground Lease, Lease, Memorandum of Lease Agreement, and Assignment Agreement. Upon the effectiveness of this Agreement as described in Section 1 hereof, the Authority, the City and the 2015 Trustee hereby acknowledge and agree that the Ground Lease, the Lease, the Memorandum of Lease Agreement, and the Assignment Agreement shall be terminated and discharged, and shall be of no further force or effect and the Authority and 2015 Trustee, as assignee, shall have no further interest in the Property
and upon such effectiveness, which shall be conclusively evidenced by recordation of this Agreement in the Official Records of the County, title to the Property shall be vested in the City.
3. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall constitute one agreement. The signature and acknowledgment pages from each counterpart may be removed and attached to a single document in order to create one original instrument. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
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IN WITNESS WHEREOF, the parties hereto have executed and entered into this Termination Agreement by their officers thereunto duly authorized as of the day and year first above written.
CITY OF GARDEN GROVE
By:
Lisa L. Kim
City Manager
ATTEST:
Teresa Pomeroy
City Clerk
GARDEN GROVE PUBLIC FINANCING
AUTHORITY
By:
Lisa L. Kim
Executive Director
ATTEST:
Teresa Pomeroy
Secretary
[SIGNATURES CONTINUED ON NEXT PAGE.]
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[SIGNATURE PAGE CONTINUED.]
U.S. BANK TRUST COMPANY, NATIONAL
ASSOCIATION, as 2015 Trustee
By:
Name:
Title: Authorized Officer
4866-3275-6362/022046-0061
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF _____________ )
On ___________________ before me, ____________________________________, Notary Public,
personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
4866-3275-6362/022046-0061
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On ___________________ before me, ____________________________________, Notary Public,
personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
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EXHIBIT A
DESCRIPTION OF THE PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF GARDEN
GROVE, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A: (GARDEN GROVE PARK)
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 5 SOUTH, RANGE 10 WEST IN THE RANCHO LAS BOLSAS, CITY OF GARDEN GROVE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER SAID POINT BEING DISTANT THEREON SOUTH 89° 22' 15" WEST 640.00 FEET FROM THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 0° 27' 09" WEST 2202.72 FEET PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST QUARTER TO A LINE PARALLEL WITH AND DISTANT 440.00 FEET FROM THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89° 25' 17" WEST ALONG SAID PARALLEL LINE 599.96 FEET; THENCE SOUTH 86° 52' 09" WEST 204.29 FEET TO THE NORTHEAST CORNER OF THE LAND CONVEYED BY THE UNITED STATES OF AMERICA TO GUY GADBOIS, E.
STANLEY ANDERSON AND BONNIE ANDERSON, DATED OCTOBER 15, 1957 AND RECORDED FEBRUARY 21, 1958 IN BOOK 4204, PAGE 36, OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 0° 27' 09" EAST 2194.31 FEET, TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 89° 22' 15" EAST ALONG SAID SOUTH LINE 806.00 FEET TO THE POINT OF BEGINNING.
A PORTION OF SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 5, PAGE 39 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT ANY RIGHTS TO OIL, GAS OR OTHER HYDROCARBON PRODUCTS IN SAID LAND, AS EXCEPTED IN THE DECLARATION OF TAKING, RECORDED FEBRUARY 24, 1943 IN BOOK 1177, PAGE 538, OFFICIAL RECORDS AND RECORDED MARCH 25, 1943 IN BOOK 1161, PAGE 585, OFFICIAL RECORDS WHEREIN THE UNITED STATES OF
AMERICA, ACQUIRED SAID LAND FROM RICHARD HASTER AND ESTHER HASTER,
HUSBAND AND WIFE AND WHICH DECLARATION OF TAKING, PROVIDED, THAT NO
OPERATIONS ON THE SURFACE OF SAID LAND, SUCH AS DRILLING, EXPLORATION OR
EXTRACTION OF SUCH MINERALS MAY BE HAD, WITHOUT THE WRITTEN CONSENT OF THE UNITED STATES.
PARCEL B: (COMMUNITY CENTER AND RELATED PROPERTY)
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PARCEL 1:
LOTS 6 TO 11 INCLUSIVE OF TRACT NO. 126, IN THE CITY OF GARDEN GROVE, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 11, PAGE 19 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF THAT CERTAIN ALLEY WHICH LIES BETWEEN SAID LOTS 6 AND 7, VACATED BY RESOLUTION NO. 3430-67 OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, RECORDED DECEMBER 26, 1967 IN BOOK 8475, PAGE 581 OF OFFICIAL RECORDS, AND THAT
PORTION OF FOURTH STREET WHICH LIES SOUTH OF THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 11 AND NORTHERLY OF THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF THE SOUTHERLY 10 FEET OF SAID LOT 6, VACATED BY RESOLUTION NO. 5280-77 OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, RECORDED MARCH 24, 1977 IN BOOK 12116, PAGE 1939 OF OFFICIAL RECORDS.
EXCEPT THAT PORTION OF SAID LAND WHICH LIES WEST OF THE EASTERLY BOUNDARY OF EUCLID STREET, 100 FEET WIDE, AS DESCRIBED IN RESOLUTION NO. 3246-66 OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, RECORDED NOVEMBER 1, 1966 IN BOOK 8092, PAGE 241 AND RE-RECORDED JULY 20, 1967 IN BOOK 8317, PAGE 287 OF OFFICIAL RECORDS.
ALSO EXCEPT THAT PORTION OF SAID LOT 6 DESCRIBED IN RESOLUTION NO. 3397-67 OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, RECORDED SEPTEMBER 11, 1967 IN BOOK 8369, PAGE 67 OF OFFICIAL RECORDS.
PARCEL 2:
LOTS 1 TO 11 INCLUSIVE AND LOTS 22 TO 26 INCLUSIVE OF TRACT NO. 240, IN THE CITY
OF GARDEN GROVE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 13, PAGE 41 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 3:
BLOCK 9 OF GARDEN GROVE HOME TRACT, IN THE CITY OF GARDEN GROVE, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 4, PAGE 57 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF FIFTH STREET
WHICH LIES SOUTH OF THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF STANFORD AVENUE, AS SHOWN AS PARCEL 153-31, IN RESOLUTION NO. 4612-74 OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, RECORDED JULY 25, 1974 IN BOOK 11204, PAGE 1784 OF OFFICIAL RECORDS, AND NORTH OF THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF THE SOUTHERLY 10 FEET OF LOT 6 OF SAID TRACT 240, VACATED BY RESOLUTION NO. 5280-77 OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, RECORDED MARCH 24, 1977 IN BOOK 12116, PAGE 1939 OF
OFFICIAL RECORDS, AND THAT PORTION OF THE WEST HALF OF SIXTH STREET WHICH
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LIES SOUTH OF A LINE PARALLEL WITH AND 44 FEET SOUTHERLY OF THE CENTERLINE OF STANFORD AVENUE AS SHOWN ON THE MAP OF TRACT NO. 329, RECORDED IN BOOK 15, PAGE 1 OF MISCELLANEOUS MAPS, AND NORTH OF A LINE PARALLEL WITH AND 40 FEET NORTHERLY OF THE CENTERLINE OF ACACIA STREET
AS SHOWN ON THE MAP OF SAID GARDEN GROVE HOME TRACT, VACATED BY RESOLUTION NO. 3979-70 OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, RECORDED DECEMBER 17, 1970 IN BOOK 9493, PAGE 368 OF OFFICIAL RECORDS, AND RESOLUTION NO. 4404-73 OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, RECORDED JUNE 1, 1973 IN BOOK 10728, PAGE 649 OF OFFICIAL RECORDS.
EXCEPT THAT PORTION OF SAID FIFTH STREET AS SHOWN ON MAP OF THE ABOVE
MENTIONED GARDEN GROVE HOME TRACT, WHICH LIES SOUTH OF THE EASTERLY PROLONGATION OF THE SOUTHERLY BOUNDARY OF STANFORD AVENUE, 80 FEET WIDE, DESCRIBED AS PARCEL O IN RESOLUTION NO. 3246-66 OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, RECORDED NOVEMBER 1, 1966 IN BOOK 8092, PAGE 241 AND RE-RECORDED JULY 20, 1967 IN BOOK 8317, PAGE 287 OF OFFICIAL RECORDS AND NORTH OF THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT 11 OF SAID TRACT 240 AND WEST OF THE CENTERLINE OF SAID FIFTH STREET.
ALSO EXCEPT THE WEST HALF OF THE NORTHERLY 264 FEET (MEASURED TO THE CENTER OF THE ADJOINING STREETS) OF SAID BLOCK 9, EXCEPTING THE EASTERLY
48.55 FEET OF THE NORTHERLY 142 FEET THEREOF.
ALSO EXCEPT THE SOUTHERLY 170 FEET THEREOF.
PARCEL 4:
LOTS 1 TO 16 INCLUSIVE OF TRACT NO. 329, IN THE CITY OF GARDEN GROVE, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 15, PAGE 1 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF THE EAST HALF OF SIXTH STREET WHICH LIES SOUTH OF A LINE PARALLEL WITH AND 44 FEET
SOUTHERLY OF THE CENTERLINE OF STANFORD AVENUE AS SHOWN ON THE MAP OF SAID TRACT NO. 329, AND NORTH OF THE WESTERLY PROLONGATION OF THE SOUTH LINE OF SAID TRACT NO. 329, VACATED BY RESOLUTION NO. 3979-70 OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, RECORDED DECEMBER 17, 1970 IN BOOK 9493, PAGE 368 OF OFFICIAL RECORDS, AND RESOLUTION NO. 4404-73 OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, RECORDED JUNE 1, 1973 IN BOOK 10728, PAGE 649 OF OFFICIAL RECORDS, AND THAT PORTION OF THE WEST HALF OF SEVENTH STREET WHICH LIES SOUTH OF A LINE PARALLEL WITH AND 44 FEET
SOUTHERLY OF THE CENTERLINE OF STANFORD AVENUE AS SHOWN ON THE MAP OF SAID TRACT NO. 329, AND NORTH OF THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID TRACT NO. 329, VACATED BY RESOLUTION NO. 3979-70 OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, RECORDED DECEMBER 17, 1970 IN BOOK 9493, PAGE 368 OF OFFICIAL RECORDS, AND RESOLUTION NO. 4404-73 OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, RECORDED JUNE 1, 1973 IN BOOK 10728, PAGE 649 OF OFFICIAL RECORDS.
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PARCEL 5:
PARCEL 1 OF PARCEL MAP NO. 97-149, IN THE CITY OF GARDEN GROVE, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 300, PAGES 9 AND 10 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID PARCEL 1, DISTANT NORTHERLY THEREON 80.00 FEET FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE EAST PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL 100.00 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID PARCEL 100.00 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID PARCEL 100.00 FEET; THENCE SOUTH ALONG SAID WEST LINE 100.00 FEET TO THE POINT OF BEGINNING.
APN: 098-090-29 & 38
090-143-05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 27 (Portion) & 28; 090-154-49, 56 (Portion) & 58 (Portion)
Agenda Item - 4.b.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Adoption of a Resolution
certifying commitment to
projects submitted in Fiscal
Years 2024/25 through
2029/30 for the Federal
Transportation Improvement
Program. (Action Item)
Date: 11/14/2023
OBJECTIVE
To maintain eligibility with the fiscal year 2024/25 Federal Transportation Improvement Program (FTIP) by adopting a resolution certifying the City’s financial commitment for existing and future FTIP projects.
BACKGROUND
The FTIP is the primary means of implementing the Regional Transportation Plan, which includes regionally significant projects funded with state and federal funds.
The base FTIP is updated every two (2) years and the 2025 FTIP covers fiscal years 2024/25 through 2029/30.
DISCUSSION
The Orange County Transportation Authority requires a City Council resolution certifying that funding listed in current and future City projects are available and committed from each local agency. Further, the City ensures capital funding is available for state and federal matching requirements in developing the annual capital improvement program.
FINANCIAL IMPACT
There is no impact to the General Fund. The attached resolution is required for future state or federal grant funding.
RECOMMENDATION
It is recommended that the City Council:
Adopt the attached Resolution certifying a commitment to fund projects submitted for inclusion in Fiscal Years 2024/25 through 2029/30 Transportation Improvement Program.
By: Alexa Viramontes, Sr. Administrative Analyst
ATTACHMENTS:
Description Upload Date Type File Name
Resolution 10/31/2023 Resolution 11-14-
23_FTIP_Resolution.pdf
•
GARDEN GROVE CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE
CERTIFYING THAT RESOURCES ARE AVAILABLE TO FUND PROJECTS IN THE FISCAL YEARS 2024/25 THROUGH 2029/30 TRANSPORTATION IMPROVEMENT PROGRAM
AND AFFIRMS ITS COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM WHEREAS, The City of Garden Grove (CITY) is located within the metropolitan planning boundaries of the Southern California Association of Governments;
WHEREAS, the Garden Grove City Council has authorized projects for submittal to the Federal Transportation Improvement Program (FTIP); WHEREAS, CITY is the lead agency for projects and will comply with applicable local, state, and federal provisions including but not limited to the Federal Transportation Improvement Program, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Build America Buy America; and
WHEREAS, CITY agrees to construct Transportation Control Measures projects as noted in the amendments in a timely manner or to assist with finding a substitute project.
NOW, THEREFORE, the City Council of the City of Garden Grove, does hereby resolve, certify, and affirm the CITY’s commitment to the projects submitted in the 2025 Federal Transportation Improvement Program.
Adopted this 14th day of November 2023.
Agenda Item - 4.c.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Teresa Pomeroy
Dept.: City Manager Dept.: City Clerk
Subject: Adoption of a Resolution
approving a City-wide Public
Records Retention and
Destruction Manual and
Schedule. ( Action Item)
Date: 11/14/2023
OBJECTIVE
For the City Council to adopt a Resolution approving the Records Retention and Destruction Manual and Schedule for City-wide public records, and to rescind Resolution No. 9321-15.
BACKGROUND
On September 22, 2015, City Council adopted Resolution No. 9321-15, approving a city-wide retention schedule for public records. On August 13, 2019, Resolution No. 9580-19 was adopted, amending Resolution No. 9321-15, approving a retention schedule for the Garden Grove Fire Department's records to be retained following the approval of contracting with the Orange County Fire Authority (OCFA), thereby making the distinction between records from the former Garden Grove Fire Department to be maintained by the City, and records under the control of OCFA.
Also, the current retention schedule does not address financial records since the implementation of the FE system that went live in July 2021.
DISCUSSION
A current and updated retention schedule ensures compliance with Section 34090 of the California Government Code and Federal Law, maximizes organizational efficiency, and provides for a comprehensive resource for City staff as it pertains to the maintenance and destruction of public records in accordance with law. The attached Records Retention and Destruction Manual contains a list of records maintained by each City Department with the recommended retention, which may exceed but not be less than the retention for public records per the State Law, State guidelines, and Federal Law.
FINANCIAL IMPACT
There is no financial impact by this action.
RECOMMENDATION
It is recommended that the City Council:
Adopt the attached Resolution rescinding Resolution No. 9231-15 and adopting the 2023 Records Retention and Destruction Manual.
ATTACHMENTS:
Description Upload
Date Type File Name
Resolution
Adopting
Records
Retention
and
Destruction
Manual
9/21/2023 Resolution Resolution_Adotping_2023_Records_Retention_and_Destruction_Manual.docx 2023
Records
Retention
and
Destruction
Manual
11/8/2023 Backup
Material 2023_Retention_and_Destruction_Guidelines.pdf
•
GARDEN GROVE CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE,
CALIFORNIA, ADOPTING THE RECORDS RETENTION AND DESTRUCTION MANUAL
FOR CITY RECORDS AS PROVIDED BY THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND RESCINDING RESOLUTION NO. 9321-15
WHEREAS, the keeping 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 Garden Grove; WHEREAS, Section 34090 of the Government Code of the State of California provides a procedure whereby any City record that has served its purpose and is no longer required may be destroyed, and the destruction of said records will not interfere with the services and functions of the City;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Garden Grove does rescind Resolution No. 9321-15.
BE IT FURTHER RESOLVED that the City Council of the City of Garden Grove does resolve and establish the following:
SECTION 1. The City of Garden Grove Records Retention and Destruction Manual (“Manual”) attached hereto as Exhibit "A” and incorporated herein by this reference, is hereby adopted as the official records retention schedule for the City and authorized to be managed as provided by Section 34090 et seq. of the Government Code of the State of California and in accordance with the provisions of said schedule.
SECTION 2. With the consent of the City Clerk, City Manager, and City Attorney, updates are hereby authorized to be made to the Manual and retention schedules without further action by the City Council when necessary to maintain compliance with State or Federal laws and regulations.
SECTION 3. The City Clerk’s Office may destroy records per the schedule in the Manual upon the request of the Department Director and with the consent in writing of the City Attorney, without further action by the City Council.
SECTION 4. Duplicates of records not less than two (2) years old that are no longer required are hereby authorized to be destroyed as set forth in the Manual.
SECTION 5. Paper records retained for longer than two (2) years may be destroyed if there is an electronic copy, whereas the electronic copy will become the original permanent copy.
SECTION 6. The destruction of any record as provided for herein shall be by shredding or other effective method of destruction.
Garden Grove City Council
Resolution No.
SECTION 7. The term “records” as used herein shall include documents, instruments, books, microfilm, emails, electronic files and documents, thumb drives, CD’s or paper.
SECTION 8. Records not identified on the schedule in the Manual will follow State or Federal statutes, regulations, or guidelines.
SECTION 7. This Resolution is effective upon its adoption.
Garden Grove City Council
Resolution No.
Exhibit A
City of Garden Grove Records Retention and Destruction Manual
CITY OF
GARDEN GROVE
RECORDS RETENTION
AND
DESTRUCTION MANUAL
INTRODUCTION
CALIFORNIA GOVERNMENT RECORDS MANAGEMENT PROGRAM
In 1968 the Legislature passed the California Public Records Act (PRA) which is modeled after the federal Freedom of Information Act and details what government information is, and is not, available to the public. The PRA pursuant to Government Code Section 7920 gives access to public records unless the record is exempt from disclosure by law, as listed alphabetically under Government Code Section 7930.100- 7930.215, and may include written or electronic information. The PRA applies to all records, in whatever form, maintained by either state or local public agencies.
California Government Code Section 14740-14774 with the added Section 12236(a) requires every local government agency to create, use, maintain, retain, preserve, and dispose of records in accordance of the established Records Retention Schedule.
Sources
This Manual was developed from multiple public agency sources including the State of California Records Management Handbook published in 2014; the California City Clerk's Association City Clerk's Handbook, and the City of Dixon California's Records Retention Manual adopted in 2019. The Retention Schedules were prepared in collaboration with each City Department.
Sources also include:
Secretary of State Local Government Records Management Guidelines www.sos.ca.gov/archives/local-gov-program/pdf/records-management-8pdf and www.sos.ca.gov;
August 2011 Supplement to the People's Business: A Guide to the California Public Records Act available from League of California Cities Open Government webpage:
www.cacities.org/opengov;
The State Department of General Services "Vital Records Protection and Disaster Recovery Handbook": www.documents.dgs.ca.gov/osp/calrim/DisasterHandbk12-
03.pdf;
The National Archives and Records Administration's -www.archives.gov/records mgmt/vital-records/; Association of Records Manager and Administrators - www.arma.org:
Association of Information and Image Management -www.aim.org
TABLE OF CONTENTS
RECORDS MANAGEMENT .................................................................................. 4 GUIDELINES FOR USING THIS MANUAL ............................................................. 5 INTRODUCTION TO RETENTION SCHEDULES ................................................ .10 LEGEND & CODE ABBREVIATIONS .................................................................. 11 KEY REFERENCES .......................................................................................... 12 KEY TERMS ................................................................................................... 15 DEPARTMENT SCHEDULES .......................................................................... 17-87 Cify Manager's Office ............................................................................... 17 Comm unify Development ......................................................................... 24 Comm unify Services .................................................................................... 31 Economic Development/Housing Authorify ...................................................... 38 Finance ................................................................................................ 45 Fire ...................................................................................................... 53 Human Resources .................................................................................... 56 Information Technolog)-7 ............................................................................... 61 Police Department ................................................................................ 64 Public Works ...................................................................................... 77 AD MIN REGULATIONS 1.7 ............................................................................. 88
RECORDS MANAGEMENT
The retention schedules within this Records Retention and Destruction Manual incorporates the Secretary of State's Local Government Records Retention Guidelines, regulatory sources including the Government Code, California Code of Regulations, the United States Code, and the Code of Federal Regulations. Each Department reviewed their retention schedule, and the overall schedules were reviewed by the City Attorney's Office and the City Clerk's Office. Every effort has been made to avoid errors and/or omissions; however, the retention schedules will need to be continually reviewed and revised biennially to include additional records or to keep current with changes in the laws on retention periods and policy changes. When revisions are necessary, the City Manager shall present a resolution to the City Council authorizing any needed amendments to this Manual, except when necessary to maintain compliance with State or Federal laws and regulations. Updates and revisions may be made to maintain compliance subject to the consent of the City Clerk, City Manager, and City Attorney.
A records management program serves to apply efficient and economical management methods to the creation, use, management, retention, preservation, and disposal of records. Effective records management ensures records are kept as long as they have administrative, fiscal, or legal value. A sound records management program improves customer service, increases staff efficiency, and provides a legal foundation for conducting daily business.
Benefits include:
• Space saving;
• Reduced expenditures for storage;
• Increased efficiency in information retrieval;
• Compliance with legal, administrative, and fiscal retention requirements; • Control over creation of new records; and
• Identification of records with research and/or historical value.
For records identified in the retention schedules that no longer fulfill the value for which they were created, they should be destroyed. The City of Garden Grove has established Administrative Regulation No. 1.7 (See Appendix A) that provides for direction for the storage and the destruction of records. Failure to maintain records for the requisite statutory or regulatory period can subject the City to evidentiary sanctions. The City's legal position in litigation may be influenced by how well or how poorly they comply with accepted records management practices.
4
GUIDELINES FOR USING THIS MANUAL
Original Record
For the purposes of this Manual, an "original record" includes the following: (1) original hardcopies; and (2) electronic reproductions that are fully legible in a medium that is a trusted system, and that does not permit modifications to the original hardcopy -Government Code 12168.7(c)(1). In the event that the original record is kept as an electronic reproduction, the following requirements must be met: Reproduction of the record is accurate and legible and contains all details of the paper document, and does not permit modifications to the document; and the electronic reproduction is made accessible to the public as the original hardcopies were.
Copies of Original Records
Copies of original records may not be kept longer than the City's retention period unless legal counsel advises that it be kept, and may not be destroyed at any time on or prior to the end of the retention period unless approved by the Department Director and City Clerk, and consented to by the City Attorney.
Non-Record
Extra copies or articles, periodicals, reports, documents, studies, vendor catalogs, and similar materials needed for reference, and are not part of an official file, are not a record. Such items should be destroyed as soon as they are no longer needed. Extra copies of documents as reminders of deadlines should be destroyed once the action has been completed. Written phone messages, notes, E-mail messages that are not substantive in nature should be destroyed when no longer needed. Telephone and Email messages that are substantive in nature such as memos summarizing substantive conversations, meetings, and telephone calls are a record. Drafts that are not circulated for comment or review can be destroyed when no longer needed. Drafts that contain substantive changes may be retained as supporting documentation. In most cases, however, it is sufficient to summarize the comments in a memo for the record. In the case of documents circulated for comment, keep an official full copy and then retain only the annotated pages of the copies with comments.
Materials not addressed in this Manual's retention schedule, nor in the Secretary of State's Local Government Records Retention Guidelines, should be identified as non-records. If a non record is retained as an integral part of a file or in conjunction with original records, it shall be retained in accordance with the appropriate retention schedule. As non-records are not retained in the normal course of business, they may be disposed of at any time. However, retention for these files should be at least two (2) years unless specific laws, decisions, or opinions would apply to the record series.
Important note on Email and Social Media
The definition of writings that constitute public records now expressly includes "transmitting by electronic mail," and are required by law to be retained as an official public record. Any electronic mail that: (1) relates or pertains to the formation or implementation of official public business, policies, and decisions; or (2) initiates, authorizes, or completes a transaction of official public business constitutes an official public record and should be retained in accordance with the appropriate retention schedule in conjunction with the original record it references. Otherwise, retention for electronic mail should be at least two (2) years unless specific laws, decisions, or opinions would apply to the record series.
5
It is the City's policy that City email systems are intended to be used as a medium of internal and external communication. City email systems are not intended to be, and may not be, used for the electronic storage or maintenance of City records. Email messages and attachments comparable to hard copy documents that would be retained pursuant to this Manual should be retained as follows: the document must be categorized in the appropriate record series and converted to appropriate electronic format or printed in hard copy and retained for the required time period as outlined in this Manual. No matter what form in which the record is retained, proper procedures as outlined in this Manual must be followed prior to the destruction of any record. Routine email messages, comparable to telephone communications, are deemed non records, and as such, they are not intended to be retained in the ordinary course of City business, and the informational content of such communications is neither necessary nor intended to be preserved for future City use or reference. Backup copies are for system restoration, disaster recovery, and are not designed to facilitate retrieval of deleted messages.
Each email user will be trained in the application and implementation of this procedure. This procedure does not prohibit employees from maintaining temporary working files or folders to allow for quick reference to recent emails.
Any content maintained on the City's social media sites related to City business, including a list of subscribers, posted communication and communication submitted for posting, may be considered a public record, subject to disclosure in response to a public records request, and subject to the City's retention schedule.
Record Keeping Responsibilities
The City Council, City Manager, City Attorney, and City Clerk shall each be responsible for future records management policy development and procedural implementation as follows:
City Council -The City Council shall approve, by resolution, all records management policies, changes to retention schedules, and any amendments. The City Council has authorized revisions with the consent of the City Clerk, City Manager and City Attorney when necessary to maintain compliance with State and Federal law and regulations.
City Manager -The City Manager shall periodically confirm that all departments comply with the records management policies and guidelines; and present to the City Council recommendations for amendments to the Retention Schedules.
City Attorney -The City Attorney shall:
•
•
•
•
•
Review recommendations to the City Council regarding amendments to records management policies, retention schedule, or destruction of records.
Review and approve the Department Director's requests to dispose of records in accordance with this Manual's retention schedule.
Provide legal guidance to the City Clerk with the review and amendment to the retention schedule.
Notify the City Clerk's Office of all document discovery requests or any other situations that would require the City to refrain from destroying records.
Provide written approval or denial of each request for destruction of records related to original agreements, ongoing litigation, or litigation holds. • City Clerk -The City Clerk, or designee, shall be responsible for the following:
• In consultation with the City Attorney, present recommendations to the City Manager for amendments to records management policies or records retention schedules. 6
• Create, maintain, and distribute forms necessary to implement the records management program.
• Supervise the destruction of records, ensuring that confidential records are destroyed by shredding.
• Certify the destruction of records.
Department Directors and Police Chief -Each Department Director and the Chief of Police shall designate staff to:
•
•
•
•
Create and maintain reliable and accurate filing systems to ensure the efficient maintenance, retrieval, and disposition of records under their control.
On an ongoing basis, identify records for destruction .
Ensure that no City records are destroyed prior the expiration of their required retention period or consent from the City Attorney.
Submit requests to the City Clerk's Office for records management policy or retention schedule amendments. Following an approved Docusign Certificate of Destruction with consent from the City Attorney, City records are authorized to be destroyed. Destruction of records shall be witnessed by the City Clerk or a designated representative. The City Clerk shall maintain a file of approved destruction certificates.
Records Pertaining to Litigation
City documents which qualify as "records," but which pertain to pending, ongoing, or recently-concluded litigation, are exempt from the retention periods provided in this Manual. All such records are maintained by the City Attorney or designee, or by the legal counsel retained by the City for such litigation.
Upon conclusion of litigation actions, and the City Attorney's direction, records may be returned to the City's designated record-keeping department, at which time they shall be retained for the period directed by the City Attorney. However, in no event shall records be retained for a period less than the City's retention schedule. If the records are not identified in the retention schedule, nor in the Secretary of State's Local Government Records Retention Guidelines, such records shall be maintained by the City Attorney, or designee, for no less than two (2) years following litigation's conclusion.
In addition, should the City Attorney determine that it is legally necessary for records pertaining to concluded litigation to be maintained separately from other City records, the City Attorney may authorize that records be retained for a period longer than required; or be maintained confidential or subject to protective measures.
Destruction of City Documents
At least annually, each Department is responsible for reviewing all records in its custody.
Records that have reached the end of the retention period are to be destroyed based on the retention schedule, including electronic records. The City Council, by adopting the Retention and Destruction Schedule, authorizes Department Directors to destroy duplicate records less than two (2) years old, if the records are no longer required.
All original records to be destroyed must be listed. Requests for the destruction of original records must be approved by the responsible Department Director and the City Attorney prior to destruction. A Request for Records Destruction/Certificate of Destruction (Procedures listed in Administrative Regulations 1. 7 -Appendix A) and listing of documents to be destroyed and copy of the appropriate page(s) from the records retention schedule shall be archived by the City Clerk's Office.
7
Shredding and recycling the paper produced from the destruction of records is the most appropriate method of disposal. The specific method used for destruction shall be at the discretion of the Department Director, and shall reflect a method of destruction that recycles any paper products and avoids the use of sanitary landfill sites. Once authority has been received to destroy records, all forms of that record must be destroyed ( or deleted): paper, microfilm/fiche, electronic format.
NOTE: This section does not authorize the destruction of the following original records:
records affecting the title to real property or liens thereon; records required to be kept by statute; records less than two years old; or minutes, ordinances, or resolutions of the City Council and associated legislative bodies as well as the City's commissions, committee and board.
Converting Hard Copy to Electronic Formats
Government Code Section 34090.5 authorizes the conversion of hard copy materials and records onto other electronic mediums as long as the following conditions are met:
• The record, paper, or document is photographed, microphotographed, reproduced by electronically recorded video images, recorded in electronic data processing system, recorded on an optical disk, or any other medium that is a trusted system and that does not permit additions, deletions, or changes to the original document; • The device or method used to reproduce the record, paper, or document reproduces the original in all details and does not permit additions, deletions, or changes to the original document images;
• The reproductions are made accessible for public reference as the original records were; and
• A true copy of archival quality shall be kept in a safe and separate place for security purposes.
If the above conditions are met, the public official having custody of the records (Department Director) may convert the hard copy to a permissible electronic format and destroy the hard copy, with the exception of those documents that are required to be kept permanently in their original format as outlined in this Manual's retention schedule. Alter converting the hard copy materials into the approved electronic format, the department converting the hard copy to electronic format shall save the "original" electronic record in the designated location on the City's system and meet the conditions as listed above.
Disclaimer
Neither this document, nor the record descriptions, nor the retention periods provided herein, shall constitute acknowledgement of the existence or non-existence of any record. Neither this document, nor the record descriptions, nor the retention periods herein, shall constitute the public's right to view, inspect, copy, or otherwise access the records listed herein. Rather, such access is governed by the California Public Records Act, and other pertinent statues and regulations governing public access to governmental records.
This document is intended only to assist the City in managing its records in a manner consistent with federal and state law. This document does not constitute City policy with regard to public access of the records listed herein. The City makes no warranty of any kind regarding material and information identified in this document, and shall not be responsible or liable for any inaccurate information, changes in document categorization or naming, or any errors or omissions which may arise from use of this document.
8
City shall not be liable for any actions taken or omissions made from reliance on any information contained herein from whatever source, nor shall City be liable for any other consequences from any such reliance. While every effort is made to keep such information accurate and up-to-date, City does not certify the authenticity of information that originates from third parties.
In the event that a record's retention is inconsistent with the Secretary of State's Local Government Records Retention Guidelines, retention provided by the Secretary of State shall govern.
This Manual establishes policies and procedures for the efficient and economical management of the creation, utilization, maintenance, retention, preservation, and disposal of City records, based on federal and state statues governing public records; and, further, to ensure that a responsible program for records management is practiced within the City organization, serving the best interest of the City and its citizens.
9
INTRODUCTION TO RETENTION SCHEDULES
The following retention schedules are presented departmentally and in some cases by subject matter that may apply in several departments, in alphabetical order, and have been developed to ensure that legal, regulatory, fiscal, historical, and administrative retention requirements are met.
A. LEGEND
A legend with the initials, abbreviations used throughout the retention schedules, as well as a listing of the various state and federal codes addressing records retention.
B. CITY'S RETENTION REQUIREMENT
Records listed in this Manual's retention schedule may have a recommended retention period that either mirrors or exceeds the state recommended retention period. Where the City's retention period is indicated, such staff recommendation shall control and all employees shall maintain responsive records accordingly. Where there is no City retention period indicated, the state recommended retention shall control. Where there is a statutorily required minimum retention period, the statute is listed for reference. Remember, records cannot be retained less than the statutory minimum retention period.
C. STATUTORY REQUIREMENT
The fifth column is helpful to the reader in understanding the legal basis for the specific lengths of retention, if applicable. While general government code sections can be found in this Manual under "References," other statutes or regulations are record/document specific and the reader may wish to look those up.
D. RECORDS CAN BE ADDED TO THE SCHEDULES
From time to time, departments may create or find records in their departments that are not listed on the following pages. These can be added to the schedules, as this is not a "permanent" document, but flexible in nature to accommodate legal, administrative, or fiscal policy changes.
Departments desiring to add or delete documents from retention schedules applicable to their respective departments shall prepare a memorandum signed by the Department Head, City Attorney, and City Clerk identifying the (i) records series title; (ii) state minimum retention period; (iii) City's retention period (if greater than state minimum); (iv) statute or regulation (if applicable); and (v) description of the record or records series. The City Clerk will present revisions to this Manual's retention schedule to the City Manager, as needed.
Upon the approval of the City Manager, the City Clerk, in consultation with the City Attorney, shall present a resolution to the City Council authorizing the addition or deletion of documents from their respective retention schedules. However, revisions may be implemented without City Council approval when necessary to comply with State or Federal laws or regulations.
LEGEND & CODE ABBREVIATIONS
Active (AC) = The period of time that a record has yet to fulfill its administrative, fiscal, and/or legal function/purpose.
Audit (AU) = The effective date of the annual audit (i.e., June 30). This term will generally be used in connection with financial documents.
Closed/Completed (CL) = The point in time which there is no further work to be done in connection with the task, project, or subject matter of the record.
Current (CU) = A record is current throughout the calendar year in which it was created.
Election (E) = Election shall mean the election for which the materials were created.
Life (L) = The period of time during which a record or document has administrative, fiscal or legal significance or effect.
Permanent (P) = Records that are required to be kept in perpetuity, usually identified by statute or other written guidance.
Supersede (S) = The point in time in which a record is replaced or made obsolete, useless in favor of a new record.
Termination (T) = The point in time constituting the end, conclusion, resolution, or decision not to continue a policy, condition or relationship.
Original may be = A document which may be reproduced and stored electronically as the stored original record in compliance with Government Code section 34090.5. electronically Following electronic conversion, the original hardcopy may be destroyed upon approval of Department Director, City Clerk, with consent from the City Attorney.
CODE ABBREVIATIONS
B&P = California Business & Professional Code
CAC = California Administrative Code
CCP = Code of Civil Procedure
CCR = Code of California Regulations
CEQA = California Environmental Quality Act
CFR = Code of Federal Regulations
EC = California Elections Code
GC = California Government Code
H&S = California Health & Safety Code
HUD = Housing and Urban Development
OSHA = Occupational Safety & Health Agency
PC = California Penal Code
POST = Police Officers Standards Training
UFC = Uniform Fire Code
USC = United States Code
WIC = Welfare & Institutions Code
11
KEY REFERENCES
Government Code Excerpts
Government Code Section 34090 -Destruction of city records; excepted records; construction -Unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the city attorney the head of a city department may destroy any city record, document, instrument, book or paper, under his charge, without making a copy thereof, after the same is no longer required.
This section does not authorize the destruction of: (a) Records affecting the title to real property or liens thereon. (b) Court records. (c) Records required to be kept by statute. (d) Records less than two years old. (e) The minutes, ordinances, or resolutions of the legislative body or of a city board or commission.
This section shall not be construed as limiting or qualifying in any manner the authority provided in Government Code Section 34090.5 for the destruction of records, documents, instruments, books and papers in accordance with the procedure therein prescribed.
Government Code Section 34090.5 -Destruction of city records; conditions - Notwithstanding the provisions of Section 34090, the city officer having custody of public records, documents, instruments, books, and papers, may, without the approval of the legislative body or the written consent of the city attorney, cause to be destroyed any or all of the records, documents, instruments, books, and papers, if all of the following conditions are complied with: (a) The record, paper, or document is photographed, micro photographed, reproduced by electronically recorded video images on magnetic surfaces, recorded in the electronic data processing system, recorded on optical disk, reproduced on film or any other medium that is a trusted system and that does not permit additions, deletions, or changes to the original document, or reproduced on film, optical disk, or any other medium in compliance with Section 12168. 7 for recording of permanent records or non permanent records. (b) The device used to reproduce the record, paper, or document on film, optical disk, or any other medium is one which accurately and legibly reproduces the original thereof in all details and that does not permit additions, deletions, or changes to the original document images. (c) The photographs, microphotographs, or other reproductions on film, optical disk, or any other medium are made as accessible for public reference as the original records were. (d) A true copy of archival quality of the film, optical disk, or any other medium reproductions shall be kept in a safe and separate place for security purposes.
However, no page of any record, paper, or document shall be destroyed if any page cannot be reproduced with full legibility. Every unreproducible page shall be permanently preserved in a manner that will afford easy reference. For the purposes of this section, every reproduction shall be deemed to be an original record and a transcript, exemplification, or certified copy of any reproduction shall be deemed to be a transcript, exemplification, or certified copy, as the case may be, of the original. 12
Government Code Section 34090.6 -Destruction of recorded routine video monitoring, telephone, and radio communications -(a) Notwithstanding the provisions of Section 34090, the head of a department of a city or city and county, after one year, may destroy recordings of routine video monitoring, and after 100 days may destroy recordings of telephone and radio communications maintained by the department. This destruction shall be approved by the legislative body and the written consent of the agency attorney shall be obtained. In the event that the recordings are evidence in any claim filed or any pending litigation, they shall be preserved until pending litigation is resolved. (b) For purposes of this section, "recordings of telephone and radio communications" means the routine daily recording of telephone communications to and from a city, city and county, or department, and all radio communications relating to the operations of the departments. ( c) For purposes of this section, "routine video monitoring" means video recording by a video or electronic imaging system designed to record the regular and ongoing operations of the departments described in subdivision (a), including mobile in-car video systems, jail observation and monitoring systems, and building security recording systems. (d) For purposes of this section, "department" includes a public safety communications center operated by the city or city and county.
Government Code Section 34090. 7 -Duplicate records less than two years old; destruction; video recording media -Notwithstanding the provisions of Section 34090, the legislative body of a city may prescribe a procedure whereby duplicates of city records less than two years old may be destroyed if they are no longer required.
For purposes of this section, video recording media, such as videotapes and films, and including recordings of "routine video monitoring" pursuant to Section 34090.6, shall be considered duplicate records if the city keeps another record, such as written minutes or an audiotape recording of the event that is recorded in the video medium.
However, a video recording medium shall not be destroyed or erased pursuant to this section for a period of at least 90 days after occurrence of the event recorded thereon.
Government Code Section 7920.530 -"Public records" includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. "Public records" in the custody of, or maintained by, the Governor's office means any writing prepared on or after January 6, 1975.
Government Code Section 7920.545 -"Writing" means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.
Government Code Section 12168. 7. Standards for recording permanent and nonpermanent documents in electronic media, trusted system (a) The California Legislature hereby recognizes the need to adopt uniform statewide standards for the purpose of storing and recording permanent and nonpermanent documents in electronic media. (b) In order to ensure that uniform statewide standards remain 13
current and relevant, the Secretary of State shall approve and adopt appropriate standards established by the American National Standards Institute or the Association for Information and Image Management. ( c) The standards specified in subdivision (b) shall include a requirement that a trusted system be utilized. For this purpose and for purposes of Sections 25105, 26205, 26205.1, 26205.5, 26907, 27001, 27322.2, 34090.5, and 60203, Section 102235 of the Health and Safety Code, and Section 10851 of the Welfare and Institutions Code, "trusted system" means a combination of techniques, policies, and procedures for which there is no plausible scenario in which a document retrieved from or reproduced by the system could differ substantially from the document that is originally stored. (d) In order to develop statewide standards as expeditiously as possible, and until the time that statewide standards are adopted pursuant to subdivision (b ), state officials shall ensure that microfilming, electronic data imaging, and photographic reproduction are done in compliance with the minimum standards or guidelines, or both, as recommended by the American National Standards Institute or the Association for Information and Image Management for recording of permanent records or nonpermanent records.
California Attorney General
The Attorney General's definition of a record is "[a]ny writing or recording of an event or information which was made or retained for the purpose of preserving its information content for future reference." (64 Cal.Ops.Atty.Gen. 317,326 (1981)).
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KEY TERMS
To more accurately calculate retention periods for the documents listed in this manual, several of these definitions were developed by the Secretary of State's Office and extracted from the Local Government Records Management Guidelines.
Active Records
In reference to retention periods for a Perpetual Record that remains "active" until some event occurs to change its status, at which time it has fulfilled its function.
Administrative Records
Records created to help accomplish the functions for which the agency is responsible and have administrative value only as long as they assist the agency in performing current or future work. Their administrative use is exhausted when the transactions to which they relate are complete, and from that point on they lose value rapidly.
Archival Historical Records
Records with enduring value because they reflect significant historical events, document the history and development of an agency, or contain accumulated data that can be useful for research purposes.
Audit
As used in the City's retention schedules, audit refers to the annual auditing process conducted by the City's auditors following the close of the fiscal year, usually arranged through the Finance Department.
Discovery
The pretrial disclosure of pertinent facts or documents by one or both parties to a civil action or proceeding. Anything requested during discovery must be disclosed if it exists even non-records and records that should have been destroyed earlier. Discovery effectively freezes selected holdings until released by opposing attorney or the court.
Fiscal Records
Fiscal records pertain to the financial transactions of the agency, such as the budget document, ledgers, allotments, payrolls and vouchers. After some records have served a basic administrative function, they may still have sufficient fiscal value to justify additional retention to protect the agency against court action and/or audits.
Inactive Record
Any public record that is transferred to storage until it has met its specific retention requirement and may be destroyed. "Inactive record" does not include any public record which is permanent or historic in nature and which must be protected and preserved from destruction.
Inventory
The process of examining records on hand to determine their function, content, and dates in order to assign retention/disposition information.
Legal Value
Records with legal value contain evidence of legally enforceable rights or obligations of the agency. Examples are records that provide the basis for action. Such as legal decisions and opinions; fiscal documents representing agreements, such as leases, titles and contracts; and records of action in particular cases, such as claim papers and legal dockets.
15
Non-Record
Materials not usually included within the definition of records, such as unofficial copies of documents kept only for convenience, working papers, appointment logs, stocks of publications and processed documents, transmittal letters, and acknowledgements. Also, documents such as rough notes, calculations or drafts assembled or created and used in the preparation or analysis of other documents. (See also Discovery)
Original Records
The original or originally signed record. The original record may be a copy that acts as the original for the City if there is no other original on file.
Permanent Records
Records that are required in perpetuity, usually identified by statute (such as Gov. Code, § 34090) or other written guidance. Examples include Council/Commission minutes, documents effecting real property (such as easement, grant deeds, assessment districts), general ledger, etc.
Program Records
These are records that relate to the primary function of the agency in response to its daily mission. They represent the reason the office exists, and their retention is usually specified in some statute or regulation that established the program.
Records Series
A record series is a group of similar records arranged under a single filing system or kept together as a unit. They deal with a particular subject (budgets, personnel, etc.), result from the same activity (assessment districts, code enforcement complaints, etc.), or have a special form (blueprints, maps, etc.). The title of each record series should be as accurate as possible, since future references to the records will be made via the record series name. This is the first left-hand column on the retention schedule pages.
Public Records
Any information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristic.
Records Coordinator
Each department assigns staff to ensure that the records within the department are indexed, stored, labeled, tracked, and logged. The Records Coordinator in the City Clerk's Office is the point of contact for the storage of non-permanent files to the City's Municipal Center Warehouse, for the destruction of records in compliance with the retention schedules and the procedures found in this manual, and for the retrieval of records stored at the Municipal Services Center in response to a records request.
Retention Period
The length of time a record must be retained to fulfill its administrative, fiscal and/or legal function. The period of time usually begins at the close of a file or project, or from the date of the last entry in the file. There are other files that are created on a calendar or fiscal year basis, and in those cases the retention period begins at the end of that particular calendar or fiscal year. After the holding time (retention period) specified in the retention schedule has passed, the record should then be disposed of as soon as practicable, following the proper destruction procedures. 16
City of Garden Grove Retention Guidelines
CITY MANAGER'S OFFICE
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Administration
Administrative s+s s+s Paper GC34090 City's Administrative Policies and Regulations Electronic Procedures
Calendars CU+2 CU+2 Paper GC34090(d) Appointment Calendars for City Electronic Manager, Mayor and Council Members
Correspondence CU+2 CU+2 Paper GC34090 Letters, memos, emails not attached Electronic to an agreement or project file to or
from City Manager, Mayor and Council
Members
Credit Card AU+4 CL+2 Paper GC34090 Original Statements are maintained in Statements/ Electronic the FE system. Department keeps a Invoices working copy only.
Department T+3 See Paper Statutory Original files are maintained by Human Employee Files Human requirements Resources and all documentation Resources listed under transfers to Human Resources
Human Resources following termination.
Manager's CU+2 CU+2 Paper GC34090(d) Includes Articles, priority and council Weekly Memo Electronic issues, department items, matters from the City Attorney, Social Media
posts.
Manual 5+2 5+2 Paper GC34090(d) City Council Handbook.
Electronic
Central Mana11ement Meetings
Agendas/Minutes CU+2 CU+2 Paper GC34090 Weekly Central Management Meeting Electronic with Directors, Police Chief and OCFA
Division Chief.
Customer Service Coaches Committee
Agendas/Minutes CU+2 CU+2 Paper GC34090 Agendas and minutes for employee Electronic committee for planning events for
employees.
Cash Flow Log CU+2 CU+2 Paper GC34090 Funds collected from employees for Electronic city employee funded special events.
CITY CLERK'S OFFICE
Administration
Correspondence CU+2 CU+2 Paper GC34090(d) Letters, emails, memo, not attached to Electronic an agreement or project file.
Historical p p Paper GC34090(e) Documentation on Public Art, City Documents Electronic Clock, City Flag, City Flower
(Tropicana Rose), Articles of
Incorporation (copy).
17
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
VIP Book 5+8 Electronic GC34090 List of all Mayors, City Council Members, Commissioners, Committee
and Board Members.
Legislative Bodies -City Council/Successor Agency /Redevelopment Agency/ Oversight Board/Sanitary District/Housing Authority /Industrial Development Authority /Public Finance Authority
Agendas -CU+2 CU+2 Paper GC34090(d) Agendas with proof of posting Affidavit of Electronic including cancellation notices. postinq
Bylaws/Sanitary p p Paper GC34090(e); Bylaws/Regulations adopted by District Code of Electronic CCP 337.2 Resolution by each Legislative Body.
Regulations
Manuals p p Electronic GC34090(e) City Council Policy/City Council Archival GC36814 Procedure adopted by Resolution.
Paper GC40801
Ordinances, p p Archival GC34090(e) Adopted and approved Ordinances, Resolutions, and Paper GC40801 Resolutions and Minutes from all Minutes Electronic legislative bodies.
Recording of CU+3 mos CU+15 Electronic GC34090.7 Audio/Video of meetings kept for 15 meetings years years for research purposes.
Reports CU+2 p Electronic GC34090(d) Agenda Reports submitted to legislative bodies including supporting
documentation archived in the City
Clerk's Files for historical value and
research purposes.
Commissions, Committee, and Board
Appointed T+S T+S Paper 29 CFR 1627.3; Applications, Personnel Action Forms Members Electronic 29 CFR (PAF's) Oaths of Office.
1602.30.32;
GC12946;
GC34090
Applicants CL+2 CL+2 Paper GC34090 Applicants not appointed to a Electronic Commission, Committee, or Board
Commission 5+2 5+2 Electronic GC34090 Internal handbook for staff Handbook
Elections
Mayors p p Paper GC81009 Campaign Statements, Oaths, filing Councilmembers Electronic GC84615 documents. Paper statements can be discarded after two years when kept
digitally on a space saving device.
Mayors T+6 T+6 Paper GC34090; Personnel Action Forms, biographies, Council members Electronic GC53535.2; photo; Code of Ethics and Harassment Information 29 USC 113 Training Certificates.
18
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Unsuccessful CL+5 CL+5 Paper GC81009 Original campaign statements and Nominated Electronic GC84615 filings.
Candidates
Other CL+7 CL+7 Paper GC81009 Original campaign statements for Committees Electronic GC84615 ballot measure committees, PAC's, independent expenditure, and major
donor committees.
Form 410 CL+4 CL+4 Paper/ GC81009 Copies of Form 410 received by a new Electronic GC84615 committee.
Ballots Prop. 218 p p Paper California Property related fees (Assessment (Assessment Constitution Ballot Proceedings)
Districts) Article XIII
Municipal p p Paper/ GC81009(a)(d) Election materials kept permanently Elections Electronic for historical value and research
purposes.
Fair Political Practices Required Filings
Committee p p Paper/ GC81009(b)(g) All required FPPC filings for elected Filinqs Electronic and PAC's.
Committee E+7 E+7 Paper/ GC81009 All required FPPC filings for Filinqs Electronic unsuccessful candidates.
Statements of T+7 T+7 Electronic GC81009(e) Original Form 700 for 87200 and Economic designated filers.
Interests
Form 801 T+7 T+7 Paper FPPC Regulation Discloses payments, such as travel Electronic 19844 and reimbursements, made to an agency
18950.1 from a third party.
Form 802 T+7 T+7 Paper FPPC Regulation Identifies persons that receive tickets Electronic 18944.1 and passes to entertainment events.
Describes public purpose.
Form 803 T+7 T+7 Paper GC82004.5 Disclosure of payments ($5,000 or Electronic GC84224 more) made at the behest of elected
officials for legislative, governmental,
or charitable purposes such as a
request to make a contribution to
charity.
Form 804 p p Paper FPPC Regulation Identifies new positions not included Electronic 18734 by the conflict of interest code that
must file a Statement of Economic
Interests Form 700.
Form 805 p p Paper FPPC Regulation Identifies consultants determined to Electronic 18700.3 and file a Form 700.
18734
Form 806 s s Electronic FPPC Regulation Additional compensation that an On City 18702.5 official receives when serving on
Website outside governmental agency boards.
Legal/Legislative
19
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Agreements T+5 T+5 Paper/ CCP 337.2, 343 Lease, equipment, service, supplies, excluding Capital Electronic instructor, festivals, affordable Improvement housing; will include agenda report
Projects and supporting documents if approved
legislatively.
Appeals CU+3 CU+3 Paper/ CCP Appeals submitted to the City Clerk's P(Land Use P(Land Use Electronic 583.320(a)(3); Office that may include Appeals) Appeals) GC34090 documentation; Rescinded Appeals included in Retention.
Claims Log CU+7 CU+7 Electronic GC34090 Log of claims filed against the City.
GC25105.5
Community CL+4 CL+4 Paper 24 CFR CDBG incorporated into the Development Electronic 570.502(b)(3) Consolidated Annual Performance Block Grants 241 CFR 85.42 & Report (CAPER) approved by City (CDBG) Sub-0MB Cir. A-110, Council; grant funds distributed recipient Attach. C; 0MB through Sub-recipient Agreements Agreements Cir. A-102 & 128 signed by the City Manager.
HUD Regulations
Legal Advertising CU+4 CU+4 Paper GC34090 All mandated public legal notices.
P for land Electronic
use
Municipal Code p p Paper GC34090 Municipal Code incorporates Electronic ordinances and is updated online by a
third-party.
Subpoenas CU+2 CU+2 Paper GC34090 Subpoenas for records and appearance Electronic of city staff; excludes subpoenas for
Police Department.
Summons CL+2 Paper GC34090 Summons and Complaints for Claims.
Electronic
Property /Land
Acquisition/ CL+lO p Paper GC34090(a) Agreement and supporting Disposition Electronic documentation regarding sale,
purchase, exchange, lease or rental of
property by City.
Agreements/ p p Paper 2.08.110; Development, Disposition, Land Use, Contracts Electronic GC34090; 4004; Construction, and Street & Sewer including Capital H&S 19850 Contracts, may include deeds, Improvement easements, rights-of-ways; and
Projects supporting documents as necessary.
Annexation Case p p Paper GC34090(a) Documentation as necessary including Files Electronic agenda reports, notices, agreements,
and LAFCO documents.
Deeds & p p Paper GC34090 Recorded Grant, Quitclaim, Easement, Promissory Notes Electronic Street Deeds and Promissory Notes; Kept on file with the County.
20
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Franchises p p Paper GC65864; Includes Subdivision Agreements; Electronic GC65869.5; Purchase and Sale Agreements; Cable; GC34090 Grant of Easements for construction
improvements.
Relocation Files CL+7 CL+7 Paper GC34090 Development projects for City owned Electronic properties.
Street/ Alley CL+2 p Paper GC34090(d) Relinquishment of rights and fee title.
Abandonment/ Electronic Kept on file for research purposes.
Vacation
Records
Public Records CL+2 CL+l0 Electronic GC34090 Records requests; subpoenas; Requests responses. Retention longer for
research purposes.
Records p p Paper GC34090 Documentation of final disposition of Destruction Electronic records.
Certificates
Reports/Plans
Annual Housing p p Paper GC34090 Annual Plan approved by the Housing Plan Electronic Authority.
Assessment p p Paper GC34090a Garden Grove Street Lighting District, Districts Electronic Street Lighting District No. 99-1, Park Maintenance District, Main Street
Assessment District.
Budget p p Archival GC34090 Biennial Budget adopted by City Paper Council Resolution.
Electronic
Bonds L+3 L+3 Paper 8.36 Record Bonds Indentured Agreement and CD keeping and related documents.
retention -
California Debt
and Investment
Advisory
Commission
CAPER CL+4 CL+4 Paper Federal Guidelines Consolidated Annual Performance and Electronic Evaluation Report.
CAFER CL+2 AU+7 Paper GC34090 Comprehensive Annual Financial Electronic Report and Auditor Analysis.
Consolidated AC+4 AC+4 Paper Federal Guidelines A summary of actions, activities, and Action Plan Electronic the federal and non-federal resources that will be used to address the
priority needs and goals identified in
the Consolidated Plan.
21
Records Series sos Dept. Media Statutory Description
Retention Retention Reauirement
General Plan p p Paper GC34090I Goals and policies for land use, with Electronic GC36814 consideration for the community,
GC40801 transportation, economic
development, parks, conservation,
safety, air quality, noise, and overall
infrastructure· update every 20 years.
General Plan p p Paper GC34090I Amendments approved or denied.
Amendments Electronic GC36814
GC40801
General Plan p p Paper GC34090I Components of the General Plan Elements Electronic GC36814 required updates every 10 years.
GC40801
General Plan p p Paper GC34090I Annual report in compliance with the Annual Report Electronic Housing Element.
Grants CL+S CL+S Paper GC34090 Grants provided to support the Action Electronic Plan.
Housing Element p p Paper GC34090I Part of the General Plan for existing Electronic GC36814 and projected housing needs. Must be GC40801 certified by the State and updated
every eight years.
Master Plans S+2 S+2 Electronic GC34090 Special or long range program plans, e.g. Parks Master Plan.
Specific Plans p p Paper GC34090I Harbor Corridor, Brookhurst Chapman, Electronic Community Center Specific Plans.
OFFICE OF COMMUNITY RELATIONS
Newsletters CU+2 CU+2 Electronic GC34090 Brochures, Newsletters, Bulletins, Cityworks.
Community CU+2 CU+2 Paper GC34090 Scripts for community recognition at Spotlight Electronic council meetings.
DVD/Video CU+2 CU+2 Electronic GC34090 Videos stored on DVD's CD's of Orders CD/DVD community events.
Media Relations CU+2 CU+2 Streaming GC34090 Recordings of City Council Meetings; Annual State of the City, includes,
department presentations on request.
May have research value.
Press Releases CU+4 CU+4 Paper CCP 343, 349 et Various publishing medias of current Electronic seq; GX 911.2; events.
GC34090(d)
Photos CU+2 p Film or GC34090 Historical Value
Digital
Image
Social Media CU+2 CU+2 Electronic GC34090 Retention for social media entries to coincide with the retention of records
available in other series of records
22
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23
Records Series
Administration
Agenda Reports
Agreements/
Contracts
Correspondence
Credit Card
Statements
Employee Files
Expense Reports
Invoices/Check
Requests
Managers Memo
Purchase Orders and
Requisitions
Subpoenas
City of Garden Grove Retention Guidelines
COMMUNITY DEVELOPMENT DEPARTMENT
sos Dept. Media Statutory Description
Retention Retention Requirement
CU+2 CU+2 Paper GC34090(d) Copies of agenda reports submitted Electronic to governing bodies, may include
suooorting documentation.
T+S T+S Paper CCP337.2, Copies of lease, equipment, service, Electronic 343; supply, consultant, and event
B&P7042.5; agreements, may include agenda
PU7 7685; 48 report, insurance, and supporting
CRF: 2; documentation.
GC53066
CU+2 CU+2 Paper GC34090(d) Letters, emails, memos,
Electronic miscellaneous, not attached to an
agreement or project file.
AU+7 CU+2 Electronic GC34090 Copies of statements; Originals maintained in the FE system meeting
SOS retention requirements.
T+3 See Paper Statutory Copies of Personnel Action Forms Human requirements (PAF's) and Evaluations. File goes to Resources listed under Human Resources after employee is Human terminated.
Resources.
AU+4 CU+2 Paper GC34090 Copies of reports; Originals
maintained in the FE system meeting
SOS retention requirements.
AU+S CL+2 Paper GC34090; Copies of invoices and check request; CP 337 Originals maintained in the FE system
meeting SOS retention requirements.
CU+2 CU+2 Paper GC34090 Department reports submitted to the Electronic City Manager's Office for the City's
Weekly Manaqer's Memo oackaqe,
AU+4 CL+2 Paper GC34090 Copies of PO's and Requisitions; Electronic CCP 337 Originals maintained in the FE system meeting SOS retention requirements.
CU+2 CU+2 Paper GC34090 Subpoenas for appearance of
department staff.
Commissions and Committees
ADMINISTRATIVE BOARD OF APPEALS
Agenda Reports CU+2 p Paper GC34090(d) Agenda reports submitted to Electronic Commission, may include supporting
documentation. Included in Planning
Case Files. Kept permanently for
research purposes.
24
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Agendas CU+2 CU+2 Paper GC34090(d) Original agendas, special meeting Electronic notices, and certificates of posting.
Audio Files CU+l00 CU+lO0 Electronic GC34090.7 Meeting recordings; recordings can be days days discarded 100 days following approval
of minutes.
Commissioner T+S T+S Electronic GC34090; Copies of contact information for Information GC40801 Commissioner Members.
Minutes p p Paper GC34090I; Official minutes and hearing Electronic GC36814; proceedings of Commission.
GC40801
GARDEN GROVE IMPROVEMENT CORPORATION
Minutes p p Paper GC34090I; Official minutes and hearing Electronic GC36814; proceedings of Corporation.
GC40801
PLANNING COMMISSION
Agenda Reports CU+2 p Paper GC34090(d) Agenda reports submitted to Electronic Commission, may include supporting
documentation. Included in Planning
Case Files. Kept permanently for
research purposes.
Agendas CU+2 CU+2 Paper GC34090(d) Original agendas, special meeting Electronic notices, and cancellation notices,
including certificates of posting.
Audio Files CU+l00 CU+lO0 Electronic GC34090.7 Meeting recordings; recordings can be days days discarded 100 days following approval
of minutes.
Commissioner T+S T+S Electronic GC34090; Copies of contact information for Information GC40801 Commissioner Members.
Minutes p p Archival GC34090I; Official minutes and hearing Paper GC36814; proceedings of Commission.
Electronic GC40801
Resolutions/ p p Archival GC34090(d) Official actions taken by the Planning Decisions Paper GC40801 Commission.
Electronic
PLANNING COORDINATING COMMITTEE (PCC)
Review CU+2 CU+2 Electronic GC34090 Multi-Department review submitted plans for land use applications.
ZONING ATTORNEY POLICE (ZAP)
25
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Review CU+2 CU+2 Electronic GC34090 Internal preliminary business zoning review.
ZONING ADMINISTRATOR
Agenda Reports CU+2 p Paper GC34090(d) Reports submitted to Zoning Electronic Administrator, may include
supporting documentation. Included
in Planning Case Files. May have
research value.
Agendas CU+2 CU+2 Electronic GC34090 Agendas, special meeting notices and cancellation notices, including
certificates of posting, affidavits.
Audio Files CU+lO0 CU+l00 Electronic GC34090.7 Meeting recordings. Recordings can days days be discarded 100 days following
approval of minutes.
Decisions p p Archival GC34090(a); Official Zoning Administrator Paper H&S 19850; Decisions.
Electronic 4003; 4004
Minutes p p Archival GC34090I; Official minutes of Zoning Electronic GC36814; Administrator meeting.
GC40801
BUILDING SERVICES DIVISION
Blueprints p CL+2 Paper GC34090a; Major construction projects. p Electronic H&S 1980;
4003· 4004
Blueprints CL+2 CL+2 Paper GC34090d Minor projects. Example -room p Electronic additions.
Building Abatement CU+4 CU+4 Paper Federal CDBG Investigation Documents; Electronic Guidelines includes complaints, correspondence, appeals, inspection reports, liens,
photos, and legal documents.
Certificates L p Electronic GC34090a Certificate of Occupancy, Elevation Certificates.
Code Books p p Paper GC34090(e) Uniform Building Codes adopted by City Ordinance.
General Subject Files CU+2 CU+2 Paper GC34090(d) Internal working files including Electronic correspondence.
Inspection CU+2 CL+2 Paper GC34090(d) Correspondence, appeal requests, p Electronic reports, notes; may have research
value.
26
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Logs CU+2 cu+5 Paper GC34090(d) Logs, registers or similar records p Electronic listing permits; may include
inspection, building activity, daily,
plan check, utility; may have
research value.
Permits p CU+2 Paper GC34090(a); Building, electrical, mechanical, p Electronic H&S 1950; plumbing, sign permits, including 4003; 4004 declarations and plot plans.
Code Enforcement
Case Files CL+2 CL+3 Paper GC34090(d) Municipal Code zoning violation p Electronic records, includes inspections,
citations, and correspondence. May
have research value.
PLANNING SERVICES DIVISION
Alcoholic Beverage L+2 L+2 Paper GC34090 Originals. Police Department has Control (ABC) most recent copy.
License Noticinq
Appeals p p Paper GC34909(a); Appeals Director Review, Planning Electronic H&S 19850; Commission or Zoning Administrator 4003; 4004 decisions.
Atlas Maps p p Paper GC34090 Historic to present on hanging racks.
Vellum
Business License T+4 T+4 Paper GC34090; Zoning verification and copy of DMV Applications for DMV Electronic CCP 337 ID for registration service, vehicle related uses. dealer's license, driving school or
traffic school license.
Case Files -scanned p p CD GC34909(a); Three sets of scanned case files:
Electronic H&S 19850; CD/Electronic/Paper.
Paper 4003; 4004
Chronological Files CU+2 CU+2 Paper GC34090 Miscellaneous not related to cases.
Electronic May include size maps or sketches.
Code Books p p Paper GC34090 Current state planning requirement books, e.g., CEQA
Development p p Paper CCP, 337, Infrastructure contract, franchises Agreements Electronic 337.l(a), Original maintained for 7 years; 337.15; Agreements approved by City Council
GC34090; 4 8 digitally archived.
CFR 4.703
Director Review p p Paper GC34090 Director review and approval of minor Electronic deviations of Title 9 for duplexes,
triplexes, and outdoor dining on Main
Street.
27
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Environmental CL+2 p Paper GC34090(d) Stand-alone version; may have Review Electronic research value.
Flood Maps p p Paper GC34090 Flood Hazards, zone, boundaries, elevation.
Flood Zone CU+2 CU+2 Paper GC34090 Letters requested by property owners Verification Letters Electronic identifying flood zone for insurance purposes.
General Plan p p Paper GC34090(e); Approved or denied -Submitted to Amendments Electronic GC36814; the City Council.
GC40801
General Plan and p p Paper GC34090(e) Includes sphere of influence.
Elements Electronic Updated every 10 years. Submitted
to the City Council.
General Plan Annual p p Paper GC34090 Yearly report on Housing Element Report Electronic compliance -Submitted to City
Council.
General Subject Files CU+2 CU+2 Paper GC34090 Internal working files including Electronic correspondence pertinent to future
research, Housing Reports, Water
Efficiency Reports.
Housing Element p p Paper GC34090(e) Copy updated every 5 years - Plan Electronic GC36814; Submitted to the Housing
GC40801 Authority/City Council as part of the
General Plan.
Land Use p p Paper GC34090(a) In connection with zoning regulations.
Restrictions Electronic
Logs CU+2 p Paper GC34090 Planning Case logs with approved Electronic entitlement lists; may have research
value.
Loma Fema letters p p Paper GC34090 FEMA Map amendment.
Electronic
Maps, Plans, p p Paper PGC34090; Zoning, tentative subdivision, parcel, Drawings, Exhibits, Electronic H&S 1950; land use map, aerial photos, and Photos GC34090.7 specific plans.
28
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Planning Case Files p p Paper GC34909(a); Planning-related matters brought Electronic H&S 19850; before legislative body, includes 4003; 4004 agenda reports and supporting
documentation
Files include: Alley Vacations, Code
Amendments/Zone Change,
Conditional Use Permits,
Development Agreements, Directors
Review, Environmental Impact
Reports, Front Yard Determination,
General Plan Amendment,
Interpretation of Use, Lot Line
Adjustment, Home Occupation
Permit, Minor Modifications, Planned
Unit Development, Site Plan, Street
Vacation, Tentative Tract Map,
tentative Parcel Map, Variance.
Projects, Not CL+2 p Paper GC34090 Case files submitted for land use Completed or Denied Electronic entitlements either withdrawn or denied.
Reference Materials p p Mylar Paper GC34090 Historical Mylar Maps.
Covenants p p Paper GC34090 Copies of recorded 2nd Unit/JDU/ADU Electronic covenants. Oriqinal with County.
Zoning Maps p p Paper GC34090; Zoning maps are kept and updated Electronic H&S 19850; with Amendments to PUD's.
GC34090.7
Zoning Verification CU+2 CU+2 Electronic GC34090(d) Letters done by request.
Letters
29
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30
Records Series
Administration
Accident and
Incident Reports
Agenda Reports
Agreements/
Contracts
Budget Preparation
Central Stores
Orders
Correspondence
Credit Card
Statements
Daily Deposits
Employee Files
Grants
Invoices/Check
Requests
Manager Memos
Officemax Orders
City of Garden Grove Retention Guidelines
COMMUNITY SERVICES DEPARTMENT
sos Dept. Media Statutory Description
Retention Retention Requirement
CL+7 CL+7 Paper CFR 14300; 8 Copies of reports filed for injuries or CCR 10102 damages sustained at a City facility,
event or program.
CU+2 CU+2 Paper GC34090(d) Copies of agenda reports submitted Electronic to governing bodies, may include
supporting documentation.
T+S T+S Electronic CCP337.2, Copies of lease, equipment, service, 343 supply, consultant agreements, may
include agenda report, insurance, and
supporting documents.
AU+2 CL+2 Paper GC34090 Copies of budget information; Budget documents submitted for approval by
Finance.
AU+4 CU+2 Electronic GC34090 Originals in the FE system under SOS CCP337 retention.
CU+2 CU+2 Paper GC34090(d) Letters, emails, memos,
Electronic miscellaneous, not attached to an
agreement or project file.
AU+4 CU+2 Paper GC34090 Originals in the FE system under SOS Electronic retention.
AU+4 CU+2 Electronic GC34090 Report for daily cash deposits; originals in the FE system.
T+3 See Paper Statutory Personnel Action Forms (PAF's) and Human Requirements Evaluations. File goes to Human
Resources listed under Resources after employee is
Human terminated.
Resources.
CL+S CL+S Paper GC34090 Copies and originals of Grant
Electronic applications and files.
AU+4 CU+2 Paper GC34090; Originals in the FE system under SOS Electronic CP 337 retention.
CU+2 CU+2 Paper GC34090 Department reports submitted to the Electronic City Manager's Office for the City's
Weekly Manager's Memo package.
AU+4 CU+2 Paper GC34090 Copies; Originals in the FE system.
Electronic CCP337
31
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Petty Cash Report AU+4 CU+2 Paper GC34090 Copies; Originals in the FE system.
Electronic
Purchase Orders and AU+4 CU+2 Electronic GC34090 Copies; Originals in the FE system.
Requisitions CCP337
Special Event/ T+4 T+S Paper GC34090; Application, any related Festival Permits Electronic CCP 337 correspondence, permit. Special events include: block parties,
festivals, sidewalk sales and banners.
Subpoenas CL+2 CL+2 Paper GC34090 Subpoenas for appearance of department staff.
Commission and Foundations
PARKS, RECREATION AND ARTS COMMISSION
Agenda Reports CU+2 CU+2 Paper GC34090 Agenda reports submitted to Electronic Commission, may include supporting
documentation.
Agendas CU+2 CU+2 Paper GC34090 Agendas, special meeting notices, Electronic and cancellation notices, including
certificates of posting.
Commissioner T+S T+S Paper GC34090; Commissioner Contact information Member Information Electronic GC40801
Minutes p p Paper GC34090(e); Official minutes and hearing Electronic GC36814: proceedings of Commission, including agenda reports
GARDEN GROVE COMMUNITY FOUNDATION-501(c)(3)-City Established Action Item Consent p p Paper GC34090(e) Board's approval of action items via Form Electronic GC36814 email (not part of minutes).
Agenda Packet p p Paper GC34090 ( d); Includes agendas, agenda reports, Electronic GC36814; supporting documentation and
minutes.
Annual Report CL+7 CL+7 Paper GC34090 Overview of budget, events, & Electronic programs for the year.
Brochures & CU+2 5+2 Paper GC34090 Fundraising campaigns & event flyers.
Publications Electronic
Bylaws p p Paper GC34090 Board Approved.
Electronic
Correspondence CU+2 CU+2 Electronic GC34090 Communication with Board Members. 32
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Resolutions p p Paper GC34090(d) Board Approved.
Electronic
Press Releases CU+4 CU+4 Paper GC34090(d) Announcement of any GGCF-related Electronic news to media.
VIETNAM WAR MUSEUM OF AMERICA FOUNDATION
Agenda Reports CU+2 CU+2 Paper GC34090(d) Agenda reports submitted to Electronic Foundation, may include supporting
documentation.
Agendas CU+2 CU+2 Paper GC34090(d) Agendas, special meeting notices, Electronic and cancellation notices, including
certificates of posting.
Committee Member T+S T+S Paper GC34090 Contact information for Committee Information Members.
Minutes p p Paper GC34090(e) Official minutes and hearing Electronic GC36814 proceedings of Foundation, including agenda reports.
Buena Clinton Youth and Family Center
Accident and CL+7 CL+7 Paper CCR 14300; 8 Copies of reports filed for injuries or Incident Reports CCR 10102 damages sustained at a City facility, event or program.
Agreements/ T+S T+S Paper CCP 337.2, Lease, equipment, service, supply, Contracts Electronic 343 consultant, and event agreements, may include agenda report, insurance
and supporting documentation.
Applications for CU+2 CU+2 Paper GC34090 Pre applications for eligibility list.
Programs Kept on file until waiting list is
exhausted or when program ends.
Client Files CU+2 CU+2 Paper GC34090 Counseling and Case Management • BCYFC keeps a copy of the
registration, consent forms,
exchange of release;
• In certain circumstances
BCYFC may have the original
at the time of initial referral.
Emergency Roster CU+2 CU+2 Electronic GC34090 In house tracking spreadsheet with data from emergency cards.
FACT Funds Files cu+s CU+25 Paper Copies of County grants prior to 2003 Photos/Videos CU+2 p Paper/CD GC34090 Photos taken of people and events Electronic that may have Historical Value.
33
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Receipts AU+4 CU+4 Paper GC 34090; Copies -To track expenses. Originals Electronic CCP337 in the FE system.
Registration/Waivers CU+2 CU+2 Paper GC34090 Youth and Adults.
Sign in Sheets CU+2 CU+2 Paper GC34090 Used to sign-in participants.
Youth and Teen T+2 T+2 Paper GC34090 Health Forms/Emergency Cards Packets Authorizations for a Minor
Liability/transportation waiver
Rules/Behavior guidelines
Youth Emergency Contact Information
Form/Limits of Confidentiality.
Volunteer T+3 T+3 Paper GC34090 Volunteers' identification and contact Applications information. Personal Action Form
goes to Human Resources.
Community Meeting Center
Expenditure Receipts AU+4 AU+4 Paper GC34090 Copies of receipts for purchases; originals in the FE system.
Facility Rentals/Use CL+S CL+S Paper CCP 337.2, Contract, invoice, payment receipt Electronic 343 (credit card slips), informal
reservation, policy packet, diagram,
correspondence.
Staff Schedules CU+2 CU+2 Paper GC34090 Work hours and dates.
Electronic
Magnolia Park Family Resource Center
Back to School and CU+2 CU+2 Paper GC34090 Registration form and family Holiday Drive information form for clients that
Documentation participate in MPFRC's Back to School
and Holiday Drive.
Case Management T+S T+S Paper Per agreement Documentation of clients that are Team Paperwork with the presented to case management team County that includes: FaCT Registration
Form; CMT Family Presentation Form;
Confidentiality Form; Authorization to
Exchange Information
Client files T+S T+S Paper Per agreement Counseling and Family Support with the Services case files with referral/intake
County forms, registration forms, assessment
tools, contact logs and other
documents related to the case.
34
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Fiscal Files T+S T+S Paper Per agreement Monthly Partner invoices Information Electronic with the All back up documents are kept at Documents County Magnolia FRC, original invoices in the FE System.
Participant Class T+S T+S Paper Per agreement Sign in sheets, registration forms and Registration Forms with the evaluation forms for classes and County workshops offered at MPFRC.
Referrals Logs T+S T+S Paper Per agreement Referral/intake forms call or walk in with the for service.
County
Teen/OST Program T+S T+S Paper Per agreement Registration Packet: FaCT (SOL Group) with the Registration Forms; Consent to Treat County Minor; Health Form; Authorization to
Walk Home; Remind Consent Form;
SOL Group Behavior Guidelines
Volunteer CU+2 CU+2 Paper GC34090 Volunteers' identification and contact Applications information
Recreation Classes, Facilities and Programs
Atlantis Attendance CU+2 CU+2 Paper GC34090 Tally of number of attendants and Sheets revenue collected.
Atlantis Reservations CU+2 CU+2 Paper GC34090 Reservation forms for Atlantis parties, Electronic field trips.
Brochures, CU+2 CU+2 Paper GC34090 City informational
Publications, Electronic Brochu res/Connections
Newsletters, Cityworks.
Bulletins
Class Instructor T+S T+S Paper CCP 337.2, Copies of Instructor agreements, Agreements 343 including W-9 and insurance.
Class Surveys CU+2 CU+2 Paper GC34090 Aquatic class surveys Class/Program CU+2 CU+2 Paper GC34090 Copies of refund requests for Refunds Electronic programs/classes.
Day Camp/C.I.T. CU+2 CU+2 Paper GC34090 Registration form, health forms, field Registrations Electronic trip permission slip and authorization to give medicine
Facility Refunds AU+4 CU+2 Paper GC34090 Copies of refund requests for facility Electronic and shelter rentals. Originals
retained in the FE system.
35
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Facility /Field T+S T+S Paper GC34090 Facility and field rental including Reservations Electronic exclusive use rentals.
Insurance CL+7 CL+7 Electronic GC34090 Insurance certificates for jumper Certificates companies.
Program Brochure CU+2 p Paper GC34090 Tertiary Parks and Recreation Guide Historical Electronic class brochure
Value
Program Flyers CU+2 CU+2 Paper GC34090 Flyers for Recreation programs.
Electronic
Registration Forms CU+2 CU+2 Paper GC34090 Aquatics, Recreation Classes, Youth Electronic and Adult Sports.
Volunteer CU+2 CU+2 Paper GC34090 Volunteers' identification and contact Applications information.
Senior Center
Brochures CU+2 CU+2 Paper GC34090 H. Louis Lake Scoop.
Class Sign-in sheets CU+2 CU+4 Paper GC34090 Classes/Activities -original Emergency Cards CL+2 Paper GC34090 Address, phone number, prescriptions, emergency contact
information.
Invoices/Check AU+ 5 CU+2 Electronic GC34090; Copies of invoices and check Requests CP 337 requests, including supporting
documentation.
Meals on Wheels -Community SeniorServ
HDM Site Daily CU+4 CU+4 Paper Per Comm. Home delivery information updates - Communication Form Senior Serv. original
Lunch Sign-in Sheets CU+4 CU+4 Paper Per Comm. Daily lunch log Senior Serv.
Meals Order Form CU+4 CU+4 Paper Per Comm. Original
Senior Serv.
Volunteer T+2 T+2 Paper GC34090 Volunteers' identification and contact Applications information
Volunteer Drivers CU+2 CU+2 Paper GC34090 Original
Log
Weekly Meals Served CU+4 CU+4 Paper Per Comm. Copy -Original to Community Report Senior Serv. SeniorServ
36
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37
City of Garden Grove Retention Guidelines
ECONOMIC DEVELOPMENT DEPARTMENT/HOUSING AUTHORITY
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Agenda Reports CU+2 CU+2 Paper GC34090(d) Copies of agenda reports submitted Electronic to governing bodies, may include
supporting documentation.
Agreements/ T+S T+S Electronic CCP337.2, Copies of lease, equipment, service, Contracts 343 supply, consultant agreements, may
include agenda report, insurance, and
supporting documents.
Budget Preparation AU+2 AU+2 Paper GC34090 Copies of budget information.
Electronic
Correspondence CU+2 CU+2 Paper GC34090(d) Letters, emails, memos, Electronic miscellaneous, not attached to an
agreement or project file.
Credit Card AU+4 AU+4 Paper GC34090 Copies of statements; Original in the Statements Electronic FE System.
Employee Files T+3 See Paper Statutory Personnel Action Forms (PAF's) and Human Requirements Evaluations. File goes to Human
Resources listed under Resources after employee is
Human terminated.
Resources.
Invoices/Check AU+S AU+S Paper GC34090; Copies of invoices and check Requests Electronic CP 337 requests, including supporting documentation.
Manager Memos CU+2 CU+2 Paper GC34090 Department reports submitted to the Electronic City Manager's Office for the City's
Weekly Manager's Memo package.
Officemax Orders AU+4 AU+4 Paper GC34090 Copies of orders.
Electronic CCP337
Petty Cash Report CU+2 CU+2 Paper GC34090 Copies of petty cash reconciliations.
Electronic
Purchase Orders and AU+4 AU+4 Electronic GC34090 Copies of purchase orders, Requisitions CCP337 requisitions, and invoices.
COMMITTEE, DISTRICT, AND COMMISSION
38
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Economic Development Improvement Committee
Agenda Reports CU+2 CU+2 Paper GC34090(d) Agenda reports submitted to Electronic Committee, may include supporting
documentation.
Agendas CU+2 CU+2 Electronic GC34090 Agendas/Special meeting and Cancellation notices, and affidavit of
posting.
Committee Member T+S T+S Electronic GC34090; Contact information for Committee Information GC40801 Members.
Minutes p p Paper GC34090 ( e); Official minutes and hearing Electronic GC36814; proceedings of Committee.
GC40801
Garden Grove Tourism Improvement District
Articles of p p Paper GC34090; GGTID Articles of Incorporation.
Incorporation Electronic CCP 337.2
Budget p p Paper GC34090 Operating budget.
Electronic
Neighborhood Improvement and Conservation Commission
Agenda Reports CU+2 CU+2 Paper GC34090(d) Agenda reports submitted to Electronic Committee, may include supporting
documentation
Agendas CU+2 CU+2 Electronic GC34090 Agendas, special meeting notices, and cancellation notices, including
certificates of posting.
Committee Member T+S T+S Electronic GC34090; Contact information for Committee Information GC40801 Members
Minutes p p Paper GC34090(e); Official minutes and hearing Electronic GC36814; proceedings of Committee
GC40801
HOUSING AUTHORITY
Administrative Plan 5+2 T+3 Paper GC34090 Administration of Section 8 Program and the functions and responsibilities.
Annual Housing Plan p p Electronic GC34090(e) Annual Plan adopted by the Housing GC36814 Authority and submitted to HUD.
GC40801
39
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Current Waiting list CU+2 CU+2 Paper GC34090 Wait List for applicants.
Happy Proqram Electronic
EIV Certification T+3 T+3 Paper Federal Training and Access for HUD earned Guidelines income verification svstem.
FSS Program and T+3 T+3 Paper Federal FSS graduates; FSS Grant Escrow Accounts Electronic Guidelines applications, escrow calculations, deposits withdrawals balances.
GGHA Lock-in Report T+3 T+3 Paper Federal Reports are in the FE system.
Electronic Guidelines
Active and T+3 T+3 Paper Federal HUD Form 50058; Inspection Terminated Housing Electronic Guidelines Packets; Request for Tenancy Files Approval; Owner information; HAP
contract; rental lease; HAP contract
amendment notice; FSS Addendum &
supporting documentation; FSS
contract, Term files, Clients finished
goals or dropped out of the program
or has been terminated.
HUD Annual T+3 T+3 Paper Federal Funding contracts with HUD.
Contribution Guidelines
Contracts
HUD Audit T+3 T+3 Paper Federal Audit
Guidelines
Mobility Payment T+3 T+3 Paper Federal Invoices for inspection fees from other Agency Guidelines
Monthly Status T+3 p Paper Federal Monthly status report submitted to Report Electronic Guidelines Housing Authority for approval and kept in the City Clerk's archived files.
Owner Director T+3 T+3 Paper Federal Forms are in the FE system.
Deposit Electronic Guidelines
Authorization Form
Public Notices CU+4 CU+4 Paper CCP343, 349 Notices submitted to local adjudicated Electronic et seq.; newspapers including any press
GC911.2; released.
GC34090
Reports T+3 T+3 Paper Federal Logic Model -grants
Guidelines
SEMAP T+3 T+3 Paper Federal Annual Internal Audit required by Guidelines HUD that includes: Fair Market
Rents; Payment Standards; Income
Limits; Utility Allowances.
Single Audit p p Paper GC34090 City Audit -Auditors report to Electronic Finance.
40
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
VMS Submission T+3 T+3 Paper Federal Monthly financial submission to HUD.
Electronic Guidelines
NEIGHBORHOOD IMPROVEMENT DIVISION
Affordable Housing T+5 T+5 Paper Federal Grant funds available through CDBG Agreements Electronic Regulations or HOME.
Applications for CL+4 CL+4 Paper Federal Applications ineligible for the Loans Electronic Regulations program.
Audit Records AU+4 AU+4 Paper GC34090; Records documenting HUD audits and Electronic 0MB A-128 follow-ups to HUD audits of the CDBG program.
CAPER CL+4 CL+5 Paper Federal Consolidated Annual Performance and Electronic Guidelines Evaluation Report.
Community CL+4 CL+5 Paper 24 CFR Records documenting the application Development Block Electronic 570.502 (b) for approval of, and administration of Grants (CDBG) (3); 241 CFR CDBG grants including but not limited Sub-recipient 85.42 & 0MB to applications, agreements, financial Agreements Cir. A-110, folders, goal measures, activity Attach. C; reports, award letters, and
0MB Cir. A-background information (due
102 & 128, diligence).
HUD
Regulations
Community 4 Yrs after 4 Yrs After Paper Federal Unsuccessful applications for CDBG Development Block submission Submission Electronic Guidelines grants and related documentation Grants (CDBG), of adopted of adopted such as correspondence.
Denied Applications CAPER CAPER
Consolidated Action 4 Yrs after 4 Yrs After Paper Federal CAPER adopted by the City Council.
Plan and Evaluation submission Submission Electronic Guidelines Kept in the City Clerk's archives.
Report of CAPER of CAPER
Construction 4 Yrs after 4 Yrs After Paper Federal Records related to grants used for Loans/Conditional submission Submission Electronic Guidelines acquisition/rehabilitation of Grants of adopted of adopted commercial property, including public CAPER CAPER facilities and community centers, and
secured by those properties.
Consultant RFP (Non CU+2 CU+4 Paper GC34090 Requests for Proposals that were not Accepted) Electronic accepted.
First Time Home T+5 T+5 Paper Federal HOME, ADDI, NSP, CalHOME Buyer Electronic Guidelines
41
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Grants, unsuccessful CU+2 cu+s Paper GC34090 Grants applied for but were not successful.
Grants/Action Plan CL+S CL+S Paper GC34090 Copies of grants provided to support Electronic homeless services including but not
limited to Emergency Shelter Grants
(ESG), Housing Opportunities for
Persons with AIDS (HOPWA),
Homeless Prevention and Rapid Re-
Housing Program (HPRP), Housing
Trust Fund and other HUD and City
programs, includes applications,
contracts, financial, statistical, and
supporting documentation pertinent
to an award.
Labor Reports CL+4 CL+4 Paper Federal Section 3, WBE/MBE, Davis Bacon, Electronic Guidelines and related documents.
Rehabilitation Single-CL+S CL+S Paper Federal Home Improvement, Infill Housing, Family Loans Electronic Guidelines Mobile home, Rental Housing Rehab, Underwriting Housing Preservation Program,
Emergency Repair, Loan Programs.
Relocation Files CL+S CL+S Paper Federal Tenant income certification, Electronic Guidelines household status certification,
replacement unit inspection report,
relocation payments, and
correspondence.
Rental Notifications CL+S CL+S Paper Federal Records documenting the notification Electronic Guidelines of renters and/or landlords of
decisions and actions including but
not limited to Annual Mobile home
Rent Increase Notices, Notices of
Termination of Tenancies, and Annual
Fee Exemptions. Included in Loan
Files.
Single Family Loan CL+S CL+S Paper Federal Records of loans and their repayment Records Electronic Guidelines for single family homes, including but not limited to first time home buyers,
second mortgages, Teacher Housing
Program, and exclusionary for sale.
Real Property
Acquisitions/ CL+l0 CL+l0 Paper GC34090(a) Agreements and supporting Dispositions Electronic documents regarding sale, purchase, exchange, lease or rental of property
by the City.
42
Records Series sos Dept. Media Statutory Description
Retention Retention Reauirement
Appraisals CL+2 CL+2 Paper GC34090 Exempt until final acquisition or Electronic contract agreement obtained.
Deeds & Promissory p p Paper GC34090a; Copies of recorded deeds and Notes Electronic 24 CFR promissory notes.
570 .502(b )(3)
24 CFR 8342
& 0MB Circ.
SA-110
Property Inventory s Electronic Data of City, Agency and Sanitary Program District owned properties.
Relocation Files CL+7 CL+7 Paper GC34090 City/Sanitary District/Agency owned Electronic properties.
Rental Properties s Electronic Data of City, Agency and Sanitary Program District owned properties.
43
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44
Records Series
Administration
Agenda Reports
Agreements/
Contracts
Correspondence
Employee Files
Goals and Objectives
Management Reports
Policies and
Procedures
Subpoenas
Co-op Committee
Agenda Reports
Agendas
City of Garden Grove Retention Guidelines
FINANCE DEPARTMENT
sos Dept. Media Statutory Description
Retention Retention Requirement
CU+2 CU+2 Paper GC34090(d), Copies of agenda reports submitted Electronic to governing bodies, may include
supporting documentation.
T+S T+S Paper CCP 337.2, Copies of lease, equipment, service, Electronic 343; supply, consultant, and event
B&P7042.5; agreements, may include agenda
PU7685;48 report, insurance, and supporting
CFR: 2: documentation.
GC53066
CU+2 CU+2 Paper GC34090(d) Letters, memos, emails not attached Electronic to an agreement or project file.
T+3 See Paper Statutory Personnel Action Forms (PAF's) and Human Requirements Evaluations. File goes to Human
Resources listed under Resources after employee is
Human terminated.
Resources
CU+2 CU+2 Electronic GC34090 Departmental goals and objectives.
CU+2 CU+2 Paper GC34090 Various Reports submitted to the Electronic Department or to the City Manager or
to be included in the Manager's
Weekly Memo.
s+s s+s Paper GC34090(d) Department policies and procedures.
Electronic
CU+2 CU+2 Paper GC34090 Subpoenas for appearance of
Electronic department staff.
cu+ 2 cu+ 2 Paper GC34090(d) Agenda related reports submitted to Electronic Committee, may include supporting
documentation.
cu+ 2 cu+ 2 Paper GC34090 Internal Committee -Department Electronic Projects reviewed before final
approval by Central Management.
45
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Minutes cu+ 2 cu+ 2 Paper GC34090 Official minutes of Committee.
Electronic
Measure O Committee
Agenda Reports CU+2 CU+2 Paper GC34090(d) Agenda related reports submitted to Electronic Committee, may include supporting
documentation.
Agendas CU+2 CU+2 Paper GC34090(d) Agendas, Special Meeting/ Electronic Cancellation Notices/Posting Affidavit.
Audio Files CU+lO0 CU+lO0 Electronic GC34090.7 Meeting recordings; recordings can be days days discarded 100 days following approval
of minutes.
Commissioner T+5 T+5 Electronic GC34090; Copies of contact information for Information GC40801 Commissioner Members.
Minutes p p Archival GC34090(e); Official minutes of the Measure 0 Paper GC36814; Committee.
Electronic GC40801
Accounting
Accounts Payable AU+4 AU+4 Paper GC34090 Invoices, check copies, and Electronic supporting documents.
Assessment Districts p p Paper GC34090 County Collection and Assessment Electronic documents. Original documentation
filed with Municipal Clerk.
Audits p p Electronic GC34090 AUP's, Audit Reports.
Bank Reconciliations AU+S AU+5 Paper GC34090 Statement, summaries for receipts, Electronic 26 CFR disbursements and reconciliations.
16001-1
Bank Statements AU+2 AU+5 Paper FX3368,
Electronic 30210;
GC42900 et
seq
Capital Asset p p Paper CCP 337.2;
Records/Fixed Assets Electronic 343
Checks AU+5 AU+5 Electronic GC34090; Includes payroll, cancelled and voided CCP 337 checks.
46
Records Series sos Dept. Media Statutory Description
Retention Retention Reauirement
Annual p p Paper GC34090 Includes independent auditor analysis Comprehensive Electronic (Part of Agenda Packet).
Financial Report
(ACFR)
Franchises p p Paper GC65864, Including Subdivision Agreements, Electronic 65869.5, Purchase and Sale Agreements,
34090 cable, utilities, Grant of Easements
involving construction or
improvements.
Garden Grove AU+2 AU+2 Paper GC34090.7 Monthly report of check no. and Housing Authority payments to owners, including
(GGHA) Monthly supporting documentation.
Warrant & Direct
Deposit Register
Journals AU+4 AU+4 Paper GC34090
Electronic CCP 337
General Ledger p p Electronic GC34090
CCP 337
Petty Cash Reports AU+4 AU+4 Paper Vouchers submitted by departments.
Electronic Maintained on the FE system.
State Controller p p Paper GC34090 Financial Report required by the State Reports Electronic Controller's Office. Additional original is filed with the State Controller's
Office.
Vehicle Mileage 5+2 S+2 Paper Annual mileage reimbursement rates.
Reimbursement
Rates
Warrant Register AU+2 AU+2 Paper GC34090.7 Accounts Payable and Payroll.
Electronic
Vehicle Mileage 5+2 S+2 Paper Annual mileage reimbursement rates.
Reimbursement
Rates
Warrant Register AU+2 AU+2 Paper GC34090.7 Accounts Payable and Payroll.
Budget
Budget p p Paper GC34090 Annual operating budget approved by Electronic Legislative Body.
Budget Operating s s+5 Paper GC34090 Departmental reference (copies).
Electronic
47
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Budget, Proposed CU+2 p Paper GC34090 Presented to Council.
Electronic
Business License
Administrative CL+2 CL+2 Electronic GC34090 Citations for noncompliance with Title Citations Data Ticket 5 Municipal Code Violations and State Fire Code violations.
Business License T+4 T+4 Electronic GC34090 Original business license application Applications with wet signature, attachments from
Planning and Police may be included.
Business License T+4 cu+s Electronic GC34090 Annual renewal form sent to existing Renewal businesses (on website).
Fireworks Stand T+4 T+S Electronic GC34090 Application from Non-Profit Applications organizations to obtain a city permit
to sell fireworks -Annual renewal.
Hardship Waiver CL+2 CL+2 Paper GC34090 Application for hardship waiver of deposit with supporting
documentation.
Peep Show T+4 T+4 Electronic GC34090 Application for Police Chief approval Application Packets CCP 337 for adult movies and adult
merchandise sexual in nature.
Registration of CU+2 Electronic GGMC Annual registration of vacant or Vacant and 8.084.030 abandoned property per Ordinance
Abandoned No. 2737 (Application Only)
Properties (Spreadsheet kept electronically
includes original vacant/abandoned
registration).
Permits
Special Event/ T+4 T+S Paper GC34090; Copies of applications used to Festival Permit Electronic CCP 337 establish conditions and approve or Applications deny permits.
Charitable T+4 T+4 Paper GC34090 Application required by charities Solicitation Permit Electronic GC34909.5 before they can solicit for donations.
Applications CCP 337
Firearm Permits CU+6 mos CU+2 Electronic GC34090 Application/Permit to sell retail GC34090.5 firearms reviewed by PD. Original
GC34090.7 filings are maintained by CA DOJ, and
US ATF.
48
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Bingo Permits CU+6 mos CU+2 Paper GC34090 Application for permit to operate Electronic GC34090.5 Bingo Games. Permits approved by
the Chief of Police.
Reports
Business License CU+2 Electronic Various reports from other Reports governmental agencies and in-house,
used to get business license leads.
Closed Business T+2 T+2 Electronic GC34090 Closed payments for Business License License Records taxes in arrears.
Historical Printouts of T+2 Electronic GC34090 List of business licenses (1981 and Business License older paper)(1981 to present
Records electronic)
Note: Planning uses the information
to approve grand fathering in zoning
and land use decisions.
Sales Tax Reports AU+3 AU+5 Electronic GC34090 Board of Equalization reports of GC34090.5 Garden Grove business tax reporting
(Updated monthly).
Transient Occupancy AU+3 AU+5 Electronic GC34090 Signed tax calculations.
Tax GC34090.5
CCP 338
Payroll
Deferred T+5 T+5 Paper GC34090; Records of employee contributions.
Compensation Electronic 26 CFR
16001-1*
Employee Time AU+6 AU+6 Paper GC3409 Signed by employee for audit & FEMA Sheets Electronic 29 CFR Reports.
516.2
Federal and State AU+4 AU+4 Paper GC34090 Forms 1096, 1099, W-4's and W-2's.
Tax -Reports Electronic 29USC 436
Labor Distribution AU+2 AU+2 Paper GC34090 Labor costs by employee & program.
Reports Electronic
Payroll Adjustments AU+4 AU+4 Electronic GC34090 Audit purposes. 29 CFR
516.5-516.6
49
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
PERS Employee T+4 T+4 Paper GC34090 Records of deductions (PERS Public Deduction Reports Electronic CAC 22 -Employee Retirement System). 1085-2
Purchasing
Bids, Requests for AU+S AU+8 Paper GC34090 Successful with related contract Quotes, Requests for CCP 337 And unsuccessful for goods and Proposals services.
Bids, Requests for AU+S AU+8 Paper GC34090 RFP's processed through third party - Proposals Electronic CCP 337 Planet Bids and posted to the City's website.
Central Stores CU+2 CU+3 Paper GC34090
Annual Inventory Electronic
Central Stores Month CU+2 CU+3 Paper GC34090
End Report Electronic
Purchase Orders/ AU+4 AU+S Paper GC34090 Purchase Orders and Requisitions on Purchase Electronic CCP 337 the FE System.
Requisitions
Surplus Equipment AU+4 AU+S Paper GC34090
Disposal Records CCP 337
Vendor Registration p p Electronic GGC34090 Vendor listing.
CCP 337
Warehouse AU+4 AU+S Paper GC34090 Golden Rod, Rec. Report, and Packing Inventory Records CCP 337 Slip is filed with P.O.
Water Revenue
Application For CL+2 CL+2 Paper GC34090 Connection, disconnection, registers, Service Electronic other services.
Billing Records AU+2 AU+4 Electronic GC34090 Customer name, service address, meter reading, usage, payments,
applications/cancellations.
Daily Cash Receipts AU+4 AU+4 Paper GC34090
Reports CCP 337
Deposits, Receipts AU+4 AU+4 Paper GC34090 Checks, coins, currency.
CCP 337
Journals/Utility Bills CU+2 CU+2 Paper GC34090
Electronic
Meter Reading AU+2 AU+2 Electronic GC34090· Billings.
50
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Utility Billings CU+2 CU+3 Electronic GC34090; Billing including monthly activity.
CCP 337
Cash Management
Investment L+6 L+6 Paper Confirmations, trade tickets, and Transactions Electronic bank correspondence
(Retain 6 years after maturity).
Investments p p Paper GC 34090 Monthly Reports.
Electronic CCP 337
GC53607
Risk Management
Accident and CL+7 CL+7 Paper 29 CFR Property and physical damage - Incident Reports Electronic 1904.2 potential claims -injuries or damages 29 CFR sustained at a City facility, event or
1904.6 proqram.
Accident Reports -CL+7 CL+7 Paper 29 CFR Reports and related records for City Vehicles Electronic 1904.2 accidents involving a City vehicle. 29 CFR
1904.6
Bonds, Insurance p p Paper CCP 337.2 Bonds and insurance policies insuring Electronic CCP 343 City property and other assets.
Claims CL+S CL+7 Paper GC34090 Paid/Denied -Claims filed against the Electronic GC25105.5 City, includes claim form and
supporting documentation.
Claims Filed Against CL+6 p Paper PC832.5 Claims filed against Police Police Department Electronic Department, including supporting documentation; may have research
value. Minimum 5 Yrs. -15 Yrs. for
sustained findinq of misconduct.
Insurance p p Paper GC34090 Insurance filed by licensees, Authority Electronic California Cities Excess Liability
Insurance, Liability and Property
Insurance.
Risk Management p p Paper GC34090 Actuarial Studies/Audits issued by Reports Electronic independent sources/auditors.
51
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52
Records Series
Administration
Grants, successful
Investigations
Fatal Fire
Investigation Case
Files
Investigations,
Evidence Arson
Investigations,
Evidence Arson
Investigative
Records, Arson
Operations
EMS Run Reports
Fire Reports
Incident
Prevention
5 Year Certification
Information
City of Garden Grove Retention Guidelines
FIRE DEPARTMENT
sos City Media Statutory Description
Retention Retention Requirement
CL+S CL+S Paper GC 34090 Federal and State.
Electronic
p p Electronic PC 799 These case files document all
investigations into fires causing
fatalities. They may include various
report forms, interviews,
photographs, newspaper clippings,
and other information as necessary to
undertake a complete investigation.
CL+6 CL+6 Electronic PC 800 Great bodily harm, inhabited structure or property.
p p Electronic PC 799 Support prosecution resulting in
homicide.
CL+6 CL+6 Paper PC 800 & Copies of fire and run reports, Electronic 801; UFC correspondence, photos, newspaper
104.32 clippings, notes, other information.
CU+25 Paper H&S Pre-hospital care report, which
Electronic 1797.220 summarizes information contained on CCR 100170 the EMS Encounter Form (GSM-17-
& 100171 20). These may be generated for
informational purposes to fire
administrative personnel.
CL+3 CL+3 Electronic GC34090 Report completed on all incidents CCP 338 involving responses of the fire
CCP 340.5 department personnel. Includes
detailed information regarding
circumstances of the incident
including location, damages, injuries,
and possible cause of incident, daily
rosters, and public outreach events.
CU+4 Paper Copy of certification report.
Electronic 5 Year and Annual.
53
Records Series sos City Media Statutory Description
Retention Retention Requirement
Fire Prevention CL+S CL+S Electronic CFC 104.6 Permits issued to occupancies.
Bureau (FPB) GC34090 Monthly permit invoices generated - Invoices, Permits paid/not paid information.
Fire Prevention CL+ 5 CL+ 5 Paper CFC 104.6; Inspection information including Bureau and Engine Electronic GC34090 business name, addresses, Company occupancy, hazardous materials, and
Inspections violations (annual and biennial).
Fireworks cu+ 6 Paper Booth records, name of group,
Electronic address, and Engine Company
inspection.
Hazardous Materials cu+ 30 cu+ 30 Paper 8 CCR Record of hazardous material Incident Files 3204(d)(l) et incidents, may include hazardous seq. incident reports, copy of fire and
rescue reports, narratives, and
memos.
Key/Knox Box Sor L Sor L Electronic GC34090 Order form or on-line notification.
Records
Occupancy Records L+2 L+2 Paper GC34090(a) Occupancy records for residential care facilities.
Storage Tank L+6 Paper These files contain applications Applications and received by the fire department and
Permit Records permits issued to individuals desiring
to store flammable liquid or liquid
petroleum. Permits are only issued
after inspection and approval of
tanks.
54
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55
Records Series
Administration
Agenda Reports
Agreements/
Contracts
Correspondence
Employee Files (Non-
Safety)
Employee Files
(Safety)
Invoices/
Check Requests
Manager's Memos
Purchase Orders and
Requisitions
City of Garden Grove Retention Guidelines
HUMAN RESOURCES DEPARTMENT
sos Dept. Media Statutory Description
Retention Retention Reauirement
CU+2 CU+2 Paper GC34090(d) Copies of agenda reports submitted Electronic to governing bodies, may include
supporting documentation.
T+5 T+5 Paper CCP 337.2, Copies of lease, equipment, service, Electronic 343 supply, consultant, and event
agreements, may include agenda
report, insurance, and supporting
documentation.
CU+2 CU+2 Paper GC34090(d) Letters, emails, memos,
Electronic miscellaneous, not attached to an
agreement or project file.
T+3 T+5 Paper 29 CFR Employment Applications, Oaths of
p Electronic 1627.3; Office, Pinks, Personnel Action Forms LC1174; 29 (PAF's), Performance Evaluations,
CFR Release Authorizations, VOE's,
1602.30.32; Certifications, Reassignments,
GC12946, Commendations, Disciplinary Actions,
34090; 29 CalPERS Enrollments, Deferred Comp
CFR 516.6 et Forms, Identification Cards.
seq
T+5 T+5 Paper 29 CFR Employment Applications, Oaths of
p Electronic 1627.3; Office, Pinks, Personnel Action Forms, LC1174; 29 Performance Evaluations, Release
CFR Authorizations, VOE's, Certifications,
1602.30.32; Reassignments, Commendations,
29 CFR 516.6 Disciplinary Actions, CalPERS
et seq Enrollments, Deferred Comp Forms,
Identification Cards.
AU+5 CU+3 Paper GC34090; Copies of invoices and check
Electronic CP 337 requests, including supporting
documentation. Originals maintained
in the FE system.
CU+2 CU+2 Paper GC34090 Department reports submitted to the Electronic City Manager's Office for the City's
Weekly Manager's Memo package.
AU+4 CU+2 Paper GC34090 Copies of purchase orders,
Electronic requisitions, and invoices. Originals
maintained in the FE system.
56
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Subpoenas CU+2 CU+2 Paper GC34090 Subpoenas for department staff appearances and Workers'
Compensation records.
Benefits
AQMD Plan CU+7 CU+7 Paper CCP 338(k) Annual Plan Mandated by the Air GC34090 Resource Board.
AQMD/AB2766 cu+ 7 cu+ 7 Paper CCP 338(k) Participation Tracking and Incentive Electronic GC34090 Program Redemption Plan funded by
the Air Resource Board.
Benefit and p p Paper 0MB A-129; May include dental, disability, Insurance Claims Electronic 29 CFR education, health, life and vision 1602.30; 32 including dependent care.
29 use 1027
Bilingual Incentive CL+2 CL+S Paper GC34090 Tests and certificates, authorization Pay Electronic GC12946 of pay.
CalPERS p p Paper 29 CFR CalPERS Records; EEOC, ADEA.
Electronic 1627.3(b)(2);
GC12946;
GC34090
COBRA CL+2 CL+S Paper GC34090 Correspondence to employee and Electronic GC12946 dependents (insurance).
Deferred Comp Plan T+S p Paper GC34090 457 Deferred Compensation offered Electronic CFR 16001-1 to employees.
Disability Records p p Paper 0MB A-129 Employee Worker's Comp Records.
Electronic 29 CFR
1602.30; 32;
Lab Rel sec
1174
Employee Assistance CL+2 CL+2 Paper GC34090; Contract provides employee Program Electronic GC12946 counseling, legal assistance, substance abuse and recovery,
emotional well-being, money
management.
Employee Service CL+2 CL+3 Paper GC34090; Full-time and Part-time Service Awards Electronic GC12946 Recognition.
Flex Benefit Program CL+2 CL+2 Paper GC34090; Tracking and disbursement.
Electronic GC12946
Fun Express CL+2 CL+2 Paper GC34090; Employee Discount Attraction and Consignment GC12946 Movie Tickets reconciliation logs.
Program and Movie
Tickets
57
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Health Plans T+5 T+5 Paper GC34090; 29 Contracts
Electronic USC 1627.3;
1027
I-9's T+3 T+3 Paper IRS Proof of Employment Eligibility Electronic Requirements Verification Forms.
Insurance Policies T+5 T+5 Paper GC34090 Contracts for Life Insurance and Electronic Disability Insurance Policies.
Reports CU+2 CU+7 Paper GC34090 Employee statistics, benefits activity; Electronic liability loss; EE04 report.
Vacation Loss Report CU+2 CU+2 Paper GC34090 Monthly report of employee losing vacation and notification to
department.
Worker's p p Electronic CCR 15400.2; AdminSure claims and records.
Compensation 8 CCR 10102
Insurance Payments
Employee Relations/Labor Relations/Employee Development Classification p p Paper GC34090; GC Classification descriptions with history Specifications Electronic 12946; 29 of changes.
CFR 516.6
Classification Studies CU+2 CU+2 Paper GC12946, Includes classification studies, and Salary Surveys Electronic 34090; 29 questionnaires, wage rates surveys, CFR 516.6(2); and reorganizations.
29 CFR
1602.14
Employee Relations T+5 T+5 Paper Discipline notes, grievances, sexual Files Electronic harassment and civil rights
complaints, may include arbitrations.
Labor Relations By-p p Paper GC34090; Unions and Associations, City.
Laws Electronic CCP 337.2
Labor Union p p Paper 29 USC Notes, correspondence, contracts, Contracts and Electronic Sections and Memorandums of Agreements.
Negotiation Records 211(c),
203(m),
207(q)
Medical Files CL+30 CL+30 Paper FMLA 1993 Pre-employment medical records; Electronic US OSHA; 29 family leave; DOT Certification and CRT; 1910.20 tests; benefit waivers.
Salary Schedules CU+2 CU+7 Paper GC12946, Full-time and Part-time Wage Electronic 34090; 29 Schedules.
CFR 516.6(2);
29 CFR
1602.14
58
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Training Records CU+7 CU+7 Paper GC6250 et Training and Development Programs.
Electronic seq.
Recruitment and Selection
Recruitment Files CL+3 CL+3 Paper GC12946; Applications, resumes, ethnicity Electronic GC6250 et disclosures; examination materials, seq; 29 CFR scantrons, exam answers, job
1602 et seq; bulletins, eligibility lists,
29 CFR 1607; confidentiality forms.
29 CFR 16273
Volunteer CU+2 CL+2 Paper GC34090 Volunteers' identification and contact Applications Electronic information.
59
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60
Records Series
Administration
Agenda Reports
Agreements/
Contracts
Correspondence
Credit Card
Statements
Employee Files
Expense Reports
Invoices/Check
Requests
Managers Memo
Purchase Orders and
Requisitions
Subpoenas
City of Garden Grove Retention Guidelines
INFORMATION TECHNOLOGY DEPARTMENT
sos Dept. Media Statutory Description
Retention Retention Requirement
CU+2 CU+2 Paper GC34090(d) Copies of agenda
Electronic reports submitted to governing
bodies, may include supporting
documentation.
T+S T+S Paper CCP 337.2, Copies of lease, equipment, service, Electronic 343 supply, consultant, and event
agreements, may include agenda
report, insurance, and supporting
documentation.
CU+2 CU+2 Paper GC34090(d) Letters, memos, miscellaneous, not Electronic attached to an agreement or project
file.
AU+4 CU+2 Paper GC34090 Copies of statements. Original
Electronic maintained in the FE System.
T+3 See Paper Statutory Personnel Action Forms (PAF's) and Human requirements Evaluations. File goes to Human
Resources listed under Resources after employee is
Human terminated.
Resources.
AU+4 CU+2 Paper GC34090 Copies of staff expenditures. Originals Electronic maintained in the FE System.
AU+S CU+2 Paper GC34090; Copies of invoices and check
CP 337 requests, including supporting
documentation. Originals maintained
in the FE System.
CU+2 CU+2 Paper GC34090 Department reports submitted to the Electronic City Manager's Office for the City's
Weekly Manager's Memo package.
AU+4 CL+2 Paper GC34090 Copies of purchase orders,
Electronic CCP 337 requisitions, and invoices. Originals maintained in the FE system.
CU+2 CU+2 Paper GC34090 Subpoenas for appearance of
department staff.
61
Records Series sos Dept. Media Statutory Description
Retention Retention Reauirement
Information Services
Access Authorization CU+2 CU+2 Electronic GC34090 Security access authorization Log Information information.
Network Drives CU+30 Electronic GC34090 Data stored on Samba or PDH (H:
days drive, P: drive, etc).
Email Backups CU+30 Electronic GC34090 City email.
days
In-House Application CU+2 Electronic GC34090 The PostgreSQL database contains Database data for in-house applications.
Log Files N/A Electronic GC34090 Automatically generated log files.
Security Camera CU+13 CU+13 Electronic GC34090.6(c) Video cameras at City facilities.
Footage months months
Spillman Database 14 months Electronic GC34090 Police CAD/RMS System.
PD Video Recordings CU+l CU+2 Electronic GC34090.6(c) In-car, jail camera recordings, routine video monitoring.
Body Worn Camera CL+2 CL+2 Electronic PC 832.18(b) Incidents involving use of force, Audio and Video officer-involved shooting, incidents
(Evidentiary) that lead to detention or arrest,
relevant to a formal or informal
complaint against a law enforcement
officer or law enforcement agency, or
relevant to a criminal prosecution.
Source Code and CU+30 Electronic GC34090
Website days
Finance Enterprise CL+30 Electronic GC34090 The City's finance management Database days system.
Archive system files p Electronic GC34090 The City's internal archive system kept for research value.
62
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63
Records Series
Administration
Agenda Reports
Agreements/
Contracts
Correspondence
Employee Files (Non-
Safety)
Employee Files
(Safety)
Invoices/Check
Requests
Manager's Memos
Purchase Orders and
Requisitions
Subpoenas
City of Garden Grove Retention Guidelines
POLICE DEPARTMENT
sos Dept. Media Statutory Description
Retention Retention Requirement
CU+2 CU+2 Paper GC34090(d) Copies of agenda reports submitted Electronic to governing bodies, may include
supporting documentation.
T+S T+S Paper CCP 337.2, Copies of lease, equipment, service, Electronic 343 supply, consultant, and event
agreements, may include agenda
report, insurance, and supporting
documentation.
CU+2 CU+2 Paper GC34090 Letters, emails, memos,
Electronic miscellaneous, not attached to an
agreement or project file.
T+3 See Human Paper Statutory Personnel Action Forms (PAF's) and Resources Requirements Evaluations. File goes to Human
listed under Resources after employee is
Human terminated.
Resources
T+S See Human Paper Statutory Personnel Action Forms (PAF's) and Resources Requirements Evaluations. File goes to Human
listed under Resources after employee is
Human terminated.
Resources
AU+4 CU+3 Paper GC34090 Copies of invoices and check
Electronic requests, including supporting
documentation. Originals maintained
in the FE system.
CU+2 CU+2 Paper GC34090 Department reports submitted to the Electronic City Manager's Office for the City's
Weekly Manager's Memo package.
AU+4 T+S Paper GC34090 Copies of purchase orders,
Electronic requisitions, and invoices. Originals
maintained in the FE system.
CU+2 CU+7 Paper GC34090 Subpoenas for appearances and
records.
64
Records Series sos Dept. Media Statutory Description
Retention Retention Reauirement
Volunteer T+2 T+2 Paper GC34090 Volunteers' identification and contact Applications Electronic information. Filed with Human
Resources.
Administrative Services Bureau
Daily Roster CU+2 CU+2 Electronic Schedules of Officers on duty.
Claims CL+6 p Paper Penal 832.5 Copies of claims filed against the Electronic Police Department. Minimum 5 Yrs. -
15 Yrs. For sustained finding of
misconduct.
Daily Officer CU+2 CU+7 Electronic Daily activity of incidents not reported by use of official report.
Daily Report CU+2 CU+7 Electronic Report numbers, type, names, dates Summary retained for research value.
Department Manual s p Electronic Changes to manual are recorded in the General Orders.
Motor Manual s s Electronic Manual on police motorcycle operation.
OTS Grant Quarterly CU+2 CU+2 Electronic Quarterly performance reports Performance Reports required by OTS on grant
performance figures.
COMMUNITY LIAISON DIVISION
Community Liaison CU+2 cu+5 Paper Weekly, monthly, quarterly, annual Division Reports, Electronic activity; statistical reports by division.
Activity Retain only 1 form for retention
period.
CERT Program CU+3 CU+3 Paper SAM 1600 CERT Training for volunteer residents.
Electronic SF-425
2 CFR
200.333 334
Emergency Plans s+5 s+5 Paper SAM 1600 Plan determines actions to be taken Electronic SF-425 by staff of the City of Garden Grove
2 CFR Emergency Organization.
200.333
Disaster Training S+4 Paper SAM 1600 Training and Exercises for staff.
Exercises Electronic SF-425
2 CFR
200.333 334
65
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Emergency CL+2 Paper SAM 1600 Hard copies of MOU's established for Preparedness SF-425 disaster response.
Related MOU 2 CFR
200.334
Emergency Tracking CL+l Paper SAM 1600 Tracking during an emergency Electronic SF-425 requiring implementing a command
2 CFR center.
200.333 334
Speaker Requests T+2 cu+5 Paper Community and business requests for Electronic public appearances, speakers.
PROFESSIONAL STANDARDS DIVISION
Applicant Files T+2 T+2 Electronic Paperwork authorizing fingerprinting and background checks for City
employment applicants.
Background CL+2 CL+2 Electronic GC12496 Non Hired (includes non-selected, disqualified and those applicants that
withdrew).
Background Hired p T+5 Electronic GC12496 Include original reports re: PC 832.5 Investigations.
Bulletins p p Electronic
Concealed Weapons CL+2 CL+2 Electronic CCW Pe rm its.
Event Files CU+2 CU+2 Paper Correspondence, brochures,
Option for promotional materials, info on
Electronic speakers, quests, supporting
documents.
General Orders p p Paper General orders issued by the Police Electronic Chief.
Grievance Files CL+2 CL+2 Paper GC12946 Grievance filed by employees, Electronic supporting documentation. T +4 if
stored in employee personnel file.
Internal Affairs CL+5 CL+5 Paper GC34090 Initiated by citizens' complaints or Investigations Electronic EVC 1045 PC internally initiated; includes 832.5 complaint, reports, and findings.
PC 801.5
Lesson Plans, Range CL+15 p Electronic Scope, content, time period of courses.
66
Records Series sos City Media Statutory Description
Retention Retention Reauirement
Officer Invoiced CL+25 CL+25 Paper Documentation relating to officer Shootings Electronic involved shootings.
Personnel 5+2 p Electronic
Personnel (by name) T+7 cu+s Electronic Training: Paperwork documenting officers' internal and external
training.
Press Releases CU+2 p Electronic Historical and Research value.
Press, Video CU+2 p Paper Collection of videos of programs and Programs Electronic events; outside press coverage of
department.
Range Inventory 5+2 CU+l0 Electronic Quarterly reports of inventories of weapons held by Department Range.
Schedules, Range CU+2 CU+2 Paper Daily, weekly, monthly schedules of Electronic training events at range.
Use of Force CU+2 CU+2 Paper GC34090; Includes review forms, arrest report Supervisory Review PC 832.5 copies, log.
Files
COMMUNITY POLICING BUREAU
Administrative Operations
Alcoholic Beverage L+2 L+S Paper Approval process
Control (ABC) Electronic Planning Division has the original.
License
Assignment Reports CU+l CU+2 Paper Record of assignments.
Electronic
Field Interview CL+2 CL+2 Paper
Electronic
Parades & Special CL+2 CL+2 Paper Reports, memos, correspondence, Events File scripts, supplier information,
assignments, and deployments,
including supporting documentation.
Patrol Requests CU+2 CU+2 Paper From citizens for patrol presence. 67
Records Series sos City Media Statutory Description
Retention Retention Requirement
Statistical (Crime CU+2 CU+2 Paper Internally generated using activity Analysis) Electronic logs, citizen calls, current and past crime statistic reports, finance dept.
expenditure and budget records;
citations, crime reports, accident
reports, permits, receipts. Created
for variety of purposes including
increases/decreases in criminal
activity; officer workload,
deployment, time usage.
Watch Assignment CU+2 CU+2 Electronic
Timekeeping Records
Jail
Daily Logs Jail CU+6 p Paper Daily report of staffing, booking, releases, transfers, and
transportation.
Inspection Files Jail CL+6 p Paper Inspections by various agencies.
Juvenile Detention CU+2 CU+2 Paper Logs documenting juvenile processing per CYA.
Surveillance/ CU+13 CU+13 Mos. Electronic GC34090.6(c) Recordings used as evidence, Security Video mos. litigation or potential claims shall be preserved for 100 days after
conclusion of court action.
Surveys Jail CL+2 CL+2 Paper Prepared quarterly and forwarded to State Board of Corrections.
Traffic
Down Reports cu+ 1 cu+ 1 Paper Vehicles are down for maintenance.
Information CU+2 CU+2 Paper GC34090 Traffic citations, Red Light cameras.
Discovery Requests
Parking CU+2 CU+3 Paper GC34090.7 Recommended by the California Law Enforcement Warrant Officer's
Association.
Radar Calibrations T+2 L Paper Documentation of radar instruments Records retained during use/ownership.
Sobriety Checkpoint s s Electronic Manual on conducting checkpoints.
Manual
Speed Survey CU+2 5+5-8 Paper Survey conducted by vendor to establish speed limit basis.
Traffic Recall after CU+2 Paper Recommended by the California Law 5 years Electronic Enforcement Warrant Officer's
Association.
68
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Traffic Citations CU+2 CU+2 Paper GC34090 Copies of citations -Originals are Electronic forwarded to court after agency
processing; includes citation
electronically created.
Special Services Division
Confidential CL+2 p Paper Informational cards maintained Informant File indicating identifying name and
information for any confidential
information identification number
used in a police report including
informant's cases and the result
thereof.
Controlled Buy Cases CL+2 L+2 Paper Controlled Buy Cases involving confidential informants.
Field Interview CL+2 cu+s Paper
Electronic
Forfeiture -Asset CL+2 p Electronic A log of every asset forfeiture Forfeiture Log proceeding initiated since 6/98.
Forfeiture -Federal CL+2 p Paper Federal Notebook holding pertinent Asset Forfeiture Guidelines documents to all asset forfeiture Notebook cases in the Federal court system.
Forfeiture -CU+2 p Paper To legal property owner prior to case Notifications filing that property is subject to asset
forfeiture proceedings. If case is
filed, notification becomes part of
forfeiture case file.
Forfeiture -State CL+2 p Paper Notebook holding pertinent Asset Forfeiture documents to all asset forfeiture
Notebook cases in the state court system
Informant Files T+lO p Paper Legal notifications, identification, payment, active information.
Support Services Bureau
Daily Court Schedule CU+l CU+l Electronic Printout of daily court scheduling.
Rosters (Divisional) 5+2 5+2 Electronic Personnel assigned to division.
Sign-In Logs CU+2 CU+2 Paper Logs officers' names, time in/out for court appearances.
COMMUNICATIONS/DISPATCH DIVISION
Alarm Permits CU+2 CU+2 Paper Residential/Commercial Alarm Electronic Permits.
69
Records Series sos City Media Statutory Description
Retention Retention Requirement
Alarm Records CU+2 CU+2 Paper Dispatch.
Electronic
Audio, Telephone CU+lO0 CL+180 24 Tape GC34090.6(a) Exception: Recordings used as and Radio days Days Recorder evidence in a criminal prosecution or Communications claim filed or litigation or potential
claims and litigation shall be
preserved for 100 days after
conclusion of the court action.
Dispatch CU+2 CU+3 Electronic
Equipment, T+2 L Paper Retained until termination of
Communication equipment use; Manuals, instructions,
procedures.
False Alarm p Paper Alarm misuse.
Violations Electronic
INVESTIGATIONS DIVISION
Bingo CL+2 p Paper Bingo game licenses.
Case Assignment CU+l CU+7 Electronic Database of assignment of cases to Investigators.
Case Books CL+2 CL+2 Paper Investigative, retained by division Electronic until a case is suspended or closed.
Homicide p p Paper Retained by Crimes Against Persons
Investigator's Report Electronic until arrest, conviction, appeals, and sentence carried out. (Death or time
served is complete, including parole).
Inmates CU+20 CU+20 Film Negatives by Prisoner number.
Digital
Inventory/Sign-out T T Electronic Digital cameras/memory cards.
Cards-Digital
Cameras/Memory
Cards
Operations Files T L Electronic Digital cameras/memory cards manuals, instructions, and
procedures; retained until equipment
no longer owned/used by
department.
70
Records Series sos Dept. Media Statutory Description
Retention Retention Reauirement
Pawn Slips/Tickets CU+3 CU+3 Paper Pawn Slips/Tickets. Research value. p Electronic
Suspect, L L Paper County of Adults/juveniles suspected of a crime, Adult/Juvenile Orange ILJ taken for comparison. Destroy after Guidelines oriqinal purpose achieved.
Tracking System L L Paper County of Database records subpoena number, Records Electronic Orange ILJ officer name, case number, defendant Guidelines name, district attorney name, court
information disposition.
Property & Evidence
Disposition Forms T+2 T+2 Paper Attach to duplicate Property Report, p Electronic file w/DR in Records Division.
Research value.
Guns L p Paper Determined Upon receiving court order and/or Electronic by Court case is closed with no further
Order proceeding possible.
Inventory 5+2 L+2 Paper Listing of equipment assigned to Electronic division and to whom it is assigned.
Narcotics L+2 Paper Determined Upon receiving court order and/or by Court case is closed with no further
Order proceeding possible.
Property Control CU+2 p Electronic Logs of items coming into and going out of property room.
Uniform Vouchers CU+2 CU+2 Electronic Authorization to purchase. (by name)
Vests, Bulletproof CU+2 CU+2 Electronic Authorization to purchase.
Letters
Weapons, Database p p Paper Depart. Owned, personal, alternate Electronic weapons, secondary handguns;
produces inventory reports.
RECORDS DIVISION
11357(e), Juvenile CL+2 CL+2 Electronic Determined
by Court
Order
11357(b) H&S, CL+2 CL+2 Electronic Determined *CA Admin Code, Chapter 1, Title II, 11357(c) H&S, by Court Sec 708.
11360(b) H&S Order
Violations
71
Records Series sos Dept. Media Statutory Description
Retention Retention Reauirement
Accidents CL+2 p Electronic Non-Injury.
Beginning
9/1/15
Adult Found Electronic Determined General Provision: Upon petition, Factually Innocent by Court records of agency must be sealed and Order destroyed in accordance with the
provisions set by court record;
exceptions.
Arrest/Conviction Electronic Mandatory Applicable to convictions occurring H&S Section 11357 destruction after January 1, 1996 or arrests not (b), (c), (d), (e) or from date of followed by a conviction occurring H&S Section 11360 conviction or after January 1, 1996; Exception:
(b) Violations date of arrest H&S 11357(e), the record shall be (Occurring after with no retained until a juvenile offender January 1, 1996) conviction attains the age of 18 years, then destroyed pursuant to 11361.5.
Arrest/Conviction Electronic Mandatory Applicable to convictions occurring H&S destruction on after January 1, 1996 or arrests not Section 11357 (b), notice from followed by a conviction occurring (c), (d), the DOJ prior to January 1, 1996 for violations (e) or H&S Section of H&S Code 11357, 11364, 11365
11360 (b) and 11550.
Violations (Occurring
before Jan 1, 1996)
BCS Report, CU+2 CU+4 Electronic Includes Arrest & Citation Register; containing all UCR-arson offenses, crimes against senior related reports and citizens, death in custody; domestic monthly violence; FBI include Return A/Supp;
Administrative hate crime incidents; homicide
Report reports; Supp., Officers killed or
assaulted; original to FBI -DOJ;
Uniform Crime Reoorts.
California Vehicle CU+90 p Electronic Original is forwarded to court.
Code Infractions days Beginning
(Duplicates) 9/1/15
Cite and Release CL+2 p Electronic Original forwarded to court.
Beginning
9/1/15
72
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Duplicate (Pink) CU+2 p Electronic Original licensee, duplicate to DOJ; Secondhand Dealer, Beginning copy retained by agency; renewals Pawn Brokers 9/1/15 issued annually by local agency
Felony Recall after p Electronic PC 290,800, Recommended by the California Law 10 years. Beginning 799 Enforcement Warrant Officer's
Exception: 9/1/15 Association
Murder/Esc
ape
Felony Crimes With See p Electronic PC 290, 800 Prosecution for an offense punishable or Without Arrests descriptor Beginning by imprisonment in state prison for 9/1/15 eight years or more must commence
within 6 years after offense
commission. Commencement of
prosecution defined in PC 804.
Exception: See PC 803-
Tolling/Extension of time periods;
Appeals process and "Three Strikes"
also considerations in assigning
retention.
Investigative, Pre-CL+lO p Electronic Retained by division until cases are Arrest Beginning suspended and closed
9/1/15
Juvenile Mandatory Mandatory Electronic Upon petition, local law enforcement Destruction Destruction records within WIC826(b) may be Upon and Upon and destroyed as ordered by the court, if Pursuant to Pursuant to related to probation officer has Court Court Order destroyed probation and juvenile
Order court records. Records involving
arrests, detention and/or petitioning
Mandatory Destruction Upon and
Pursuant to Court Order Juvenile
before juvenile court.
Misdemeanor Recall after p Electronic Recommended by the California Law Criminal 5 years Beginning Enforcement Warrant Officer's 9/1/15 Association.
Misdemeanor/ CL+2 p Electronic No arrests, identifiable property or Infractions Beginning missing persons
9/1/15
Non-Criminal CU+2 p Electronic Injured or sick persons; missing Occurrences Beginning persons where person has been
9/1/15 returned; traffic collision reports not
used as the basis for criminal
charges.
73
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Parking/Traffic, CU+2 p Electronic Originals are forwarded to court after Duplicates Beginning agency processing; includes citation 9/1/15 electronically created.
Photographs L p Electronic Crime scene, registrant/applicant, Beginning photo file, accident; retained
9/1/15 according to practical and functional
associations.
Property Files CU+2 p Electronic Original reports and supplemental Beginning documentation (Lost, Found,
9/1/15 Safekeeping).
Property Original Paper Until case is Copy retained in records case file; Electronic adjudicated/ Refer to Managing Property in Law disposition Enforcement Agencies (by post).
determined
Property, Pawn CU+2 p Electronic Property, Pawn Broker/Secondhand Broker/Secondhand Beginning Licenses.
9/1/15
Public Records CU+2 p Electronic GC34090 Copies of requests and the responses Requests Beginning provided.
9/1/15
Rap Sheet CL+2 N/A Destroyed Criminal history
Registration Files Life of L Electronic PC 290 Arson, Sex and Narcotics, including registrant fingerprint card, and photo.
within Information forwarded to DOJ.
jurisdiction
Repossession/Private CU+2 p Electronic Repo/PPI Logs.
Impounds Beginning
9/1/15
Restraining Orders, p Electronic Destroy after law enforcement actions Emergency Beginning described in PC 273.5, 273.6, 646.9, Protective Orders, 9/1/15 12028.5, 13700 and Family Code Temporary Sections 6380-6383 are fulfilled and
Restraining Orders, effective date of restraining order has Legal Stipulations, expired.
Order After Hearing
74
Records Series sos Dept. Media Statutory Description
Retention Retention Requirement
Served p Electronic Includes Warrant Service Information Beginning Card, alpha index card
9/1/15
Supplemental, p p Electronic No statutory limitation for Felony Capital Beginning prosecution. Includes murder,
Crimes, Crimes 9/1/15 kidnapping for ransom, treason,
Punishable by Death, procuring execution by perjury, train Life Imprisonment wrecking, assault with a deadly
weapon by a life-term prisoner,
bombing resulting in death or bodily
injury, making defective war
materials that cause death.
Traffic Collision p p Electronic Fatal Collision Reports Fatalities Beginning
9/1/15
Un-served (Local) Until p Electronic
served, Beginning
recalled or 9/1/15
purqed
Finger Printing
Applicant Files T+2 T+2 Paper Paperwork authorizing fingerprinting and background checks for City
employment applications
Inked/Palm Cards AC+20 AC+20 Electronic Persons booked into detention Biometric facility; copies distributed to county,
database state, federal agencies
75
THIS PAGE LEFT INTENTIONALLY BLANK
76
Records Series
Administration
Agenda Reports
Agreements/
Contracts (Excluding
Capital Improvement
Projects)
Claims
Correspondence
Employee Files
Franchises
Grants, successful
Grants, unsuccessful
Invoices/Check
Requests
Manager's Memos
City of Garden Grove Retention Guidelines
PUBLIC WORKS DEPARTMENT
sos City Media Statutory Description
Retention Retention Reauirement
CU+2 CU+2 Paper GC34090(d) Copies of agenda reports submitted Electronic to governing bodies, may include
supporting documentation
T+5 CL+2 Paper CCP 337.2, Copies of lease, equipment, service, Electronic 343 supply, consultant, and event
agreements, may include agenda
report, insurance, and supporting
documentation.
CL+5 CL+2 Paper GC34090 Copies of claims filed against the City, Electronic GC25105.5 includes claim form and supporting documentation.
CU+2 CU+2 Paper GC34090(d) Letters, emails, memos,
Electronic miscellaneous, not attached to an
agreement or project file.
T+3 See Paper Statutory Personnel Action Forms (PAF's) and Human Requirements Evaluations. File goes to Human
Resources listed under Resources after employee is
Human terminated.
Resources
p p Paper GC34090 Including Subdivision Agreements,
Electronic Purchase and Sale Agreements,
cable, utilities, Grant of Easements
involving construction or
improvements.
CL+5 CL+5 Paper GC34090 Federal and State -
Originals kept for CL + 5
Copies kept CU + 3
CL+2 CL+2 Paper GC34090 Federal and State
AU+5 CU+3 Paper GC34090 Copies of invoices and check
Electronic CP 337 requests, including supporting
documentation. Originals maintained
in the FE System.
CU+2 CU+2 Paper GC34090 Department reports submitted to the Electronic City Manager's Office for the City's
Weekly Manager's Memo package
77
Records Series sos City Media Statutory Description
Retention Retention Requirement
Petty Cash Report AU+4 CU+2 Paper GC34090 Copies of petty cash reconciliation.
Originals maintained in the FE
System.
Purchase Orders and AU+4 CU+2 Paper GC34090 Copies of purchase orders, Requisitions Electronic reconciliations, and checks. Originals maintained in the FE svstem.
Reports, CU+2 CU+2 Paper GC34090 Special or final summary, review or Departmental evaluation.
Reports, Staff CU+2 CU+2 Paper GC34090 Non-agenda related, includes supporting documentation.
Subpoenas CU+2 CU+2 Paper GC34090 Subpoenas for appearance of department staff
Volunteer T+2 T+2 Paper GC34090 Volunteers' identification, contact Applications information, and release forms
(Parks/Graffiti)
Work Orders CU+2 CL+10 Electronic GC34090(d) Service Requests System: Service requests, invoices, supporting
documentation; Buildings, equipment,
field engineering, public
facilities including work orders and
graffiti removal.
Animal Care Services
Animal Bite Records 5 Yrs Paper GC34090(a) Contains bite reports and related records.
Animal Cruelty 5 Yrs Electronic Contains investigations of animal Investigation Files cruelty and neglect.
Annual Reports 7 Yrs Paper Annual reports showing the activity of Electronic the animal control operations.
Business Licenses T+4 T+4 Paper GC34090 Animal related businesses.
Citations and CL+S Paper Contains citation, reports,
Violations Electronic correspondence, and related records.
Claims CL+S CL+S Paper GC34090 Includes: Filed claims regarding dog Electronic GC25105.5 bites, vicious and dangerous dogs, investigation reports, and other
records related to losses from dog
attacks.
78
Records Series sos City Media Statutory Description
Retention Retention Reauirement
Complaint Records CL+S Determined Includes: Date, relevant information *Calls entered/ by Court to the complaint and details of dispatched via phone Order problem.
Dangerous Animal CL+l0 Paper Includes: Complaints, compliance Records Electronic orders, citations, bite reports, and similar records relating to dangerous
animals.
Dispatch Logs cu+s Electronic
Emergency CL+S Paper Contains surgery log, vaccinations, Veterinary Records quarantine release notice, pre-
euthanasia, reports, veterinary, and
related records.
Hearings CL+S Paper Includes: Barking dog, seized animals and vicious animals
Impound/Intake Log CL+S Paper GC34090 Contains stray animal, impound Electronic tickets, kennel reports, and related
records.
Legal Compliance CL+S Electronic Includes: Animal law notices, orders Records to comply, and related records.
License Records CL+S Paper Contains dog and cat licenses, work Electronic reports, license breakdown, and
related records.
Return to Owner CL+S Paper GC34090 Return to owner records.
Electronic
Shelter Records CL+S Paper Records from shelter regarding Electronic strays, return to owner, owner
surrender, and infield return to owner
documentation.
FACILITIES DIVISION
Parks
Landscape p p Paper GC34090(a) Drawings, contracts, complaints, specifications, photos, reports.
Maintenance and cu+ 2 L Paper GC34090 Equipment -includes work orders, Operations Electronic inspection, repairs, cleaning, reports, and complaints.
Maps p p Paper GC34090 Irrigation, plot plans.
Photographs CU+2 CL+7 Electronic GC34090 Damage to parks, graffiti. 79
Records Series sos City Media Statutory Description
Retention Retention Requirement
Projects, Proposed & CU+2 CL+4 Paper GC34090 Future plans, new sites, expansions.
Actual
Reports, Others p p Paper GC34090(a) Pesticide, asbestos assessments (Documents abatement projects,
public buildings).
Building Maintenance
Building p p Paper GC34090(a) Building Improvements
Improvements Includes: roofing, remodels,
additions, and maintenance.
Reference Materials L L Paper GC34090 Warranties (Retain for Life of Structure).
Reports, Studies CL+2 CL+4 Paper GC34090 Future sites, expansions, upgrades.
Vehicle Maintenance
Accident Reports -CL+7 CL+7 Paper GC34090 Copies of reports and related records City Vehicles for accidents involving a City vehicle.
AQMD CL+7 CU+7 Paper CCP 338(k); County/AQMD logs, PERP Inventory.
GC34090
California Highway CU+2 cu+s Paper GC34090 BIT Inspection.
Patrol CCP340.5 8 (Vehicle Maintenance)
Cal Code Reg.
3203 (b)(l)
Equipment L+2 L+2 Paper GC34090(d) Vehicle Repair Records.
Electronic
Equipment Inventory L+2 L+2 Paper GC34090(d) Warranties, pink slips/registration (autos, trailers, large (Retained until no longer owned by equipment, the City).
generators)
OSHA 5+2 5+2 Paper GC34090(d) Aerial inspections and crane inspections.
Underground p p Paper GC34090 Tank repair documents
Storage Tank GC4003, RE: storage, location, installation, Compliance GC4004; H&S removal, and remediation.
Maintenance & 19850
Operation
80
Records Series sos City Media Statutory Description
Retention Retention Requirement
Underground CU+2 cu+s Paper GC34090 Maintenance Records; Monitoring Storage Tank Data; Release detection, calibration &
Compliance maintenance; cathodic protection
Maintenance & (Compliance, maintenance &
Operation operation).
Vehicle Records L+2 L+2 Paper Records relating to each vehicle Electronic owned and serviced by the
municipality, may include title,
registration, inspection, maintenance,
checklist, repair, and incident reports.
STREETS DIVISION
Asphalt/Concrete
Maps p p Paper GC34090(a)
Project Files CU+2 CU+7 Paper GC34090 Current and potential Asphalt and Electronic concrete paving projects.
Environmental -Sanitation Solid Waste Wastewater
Household CU+10 CU+l0 Paper CAL OSHA; Report information Hazardous Waste; Electronic 40 CFR (Documentation re: the handling and Recycling 122.21 disposal of hazardous waste).
Landfill CU+2 CU+2 Paper GC34090 Compliance Monitoring Program.
Ref: 14CCR 188.4
NPDES p p Paper 40 CFR Annual report, inspection data,
Businesses/Facilities Electronic 122.28 WQMP's, and violation letters.
IAW40CFR 216.29(7): 5 yrs
Flood Control
Reports, Storm CL+2 CL+9 Paper GC34090 Maintenance reports.
Drains Electronic Work order system.
Hazardous Materials
Disposal CU+l0 p Paper CAL OSHA; Documentation re-handling and 40 CFR disposal of hazardous waste;
122.21 manifests.
Spill Team AU+4 CU+2 Electronic GC34090 Cost Recovery (copies). 81
Records Series sos City Media Statutory Description
Retention Retention Requirement
Right-of-Way /Graffiti/Street Signs
Legal p p Electronic GC6254 Legal correspondence from the City Correspondence Attorney -Public Works has the
original.
Parking Citations CU+2 CU+4 Paper GC34090.7 Administrative Reviews, hearing Electronic records, parking cites, payment
records (WebTill)(highly confidential -
NOT FOR PUBLIC VIEWING)
Original documents are only
forwarded to the court to settle a civil
action.
Property Release p p Paper GC34090 Only related to graffiti -Property Forms owner relieves City of liability when
removal is on private property.
Signs/Striping CU+2 CU+2 Electronic GC34090 Maintenance Records Only -Copies.
Trees
Inventory p p Electronic GC34090(a) Trees, plants, maintenance schedules, and violation notifications.
Reports CU+2 Life of Paper GC34090 Daily, monthly maintenance reports.
Tree/Plant Electronic
TRAFFIC AND ENGINEERING DIVISION
Administration
Agenda Reports CU+2 CU+2 Paper GC34090(d) Copies of agenda reports Electronic submitted to governing bodiesl,
may include supporting
documentation.
Agreements/ T+S T+S Paper CCP337.2, Copies of lease, equipment, service, Contracts Electronic 343; supply, consultant, and event B&P7042.5; agreements, may include agenda
PUC 7685; reports, insurance and supporting
GC53066 documentation.
Correspondence CU+2 CU+2 Paper GC34090(d) Letters, memos, miscellaneous, not Electric attached to an agreement or project
file.
Employee Files T+3 See Paper Statutory Personnel Action Forms (PAF's) and Human Requirements Evaluations. File goes to Human
Resources listed under Resources after employee is
Human terminated.
Resources
82
Records Series sos City Media Statutory Description
Retention Retention Requirement
Invoices/ AU+S CU+3 Paper GC34090; Copies of invoices and check Check Requests Electronic CP 337 requests, including supporting documentation.
Purchase Orders and AU+4 CU+2 Paper GC34090 Copies of purchase orders, Requisitions Electronic CCP 337 reconciliations, and invoices.
Originals in the FE System.
COMMISSIONS
Downtown Commission
Agenda Reports CU+2 CU+2 Paper GC34090(d) Agenda reports submitted to Electronic Commission, may include supporting
documentation.
Agendas CU+2 CU+2 Paper GC34090 Original agendas, special meeting Electronic notices, and cancellation notices,
including certificates of posting.
Commissioner T+S T Paper GC34090 Copies of contact information for Member Information Commissioners.
Minutes p p Paper GC34090(e) Official minutes.
Electronic GC36814
Sanitary District Commission (Commission was dissolved) Minutes p p Paper GC34090(e) Official minutes.
Electronic GC36814
Traffic Commission
Agenda Reports CU+2 CU+2 Paper GC34090(d) Agenda reports submitted to Electronic Commission, may include supporting
documentation.
Agendas CU+2 CU+2 Paper GC34090 Original agendas, special meeting Electronic notices, and cancellation notices,
including certificates of posting.
Commissioner T+S T Paper GC34090 Copies of contact information for Member Information Commissioners.
Minutes p p Paper GC34090(e) Official minutes.
Electronic GC36814
Capital Improvements
Agreements/ p p Paper GC37090(a) Copies of development, construction, Contracts -Electronic 4004 and street agreements, may include Including Capital H&S 19850 agenda report, insurance, and Improvements supporting documentation.
83
Records Series sos City Media Statutory Description
Retention Retention Requirement
A-T-L-C Drawings p p Paper GC34090 Intersection Improvements and street Mylars & Microfishe Electronic widening.
Capital Improvement p p Paper GC34090(e) 5-YR & 7-YR -Included in General Plans Electronic Plan.
Grants, successful CL+S CU+3 Paper GC34090 Copies -Federal and State.
Electronic
Grants, unsuccessful CL+2 CU+3 Paper GC34090 Copies -Federal and State.
Policies & s+s s+s Paper GC34090 Retain while current.
Procedures, Electronic
Departmental
Project Files, Capital CL+l0 CL+l0 Paper cc 337.15 Supporting Project File documents Improvements Includes: bidders list, specifications,
reports, plans, work orders,
schedules, payment memos, certified
payrolls, and inspection
documentation.
Specifications & p p Paper GC34090 Project specifications and plans.
Construction Plans
Land Development
Easements, p p Paper GC34090(a) Recorded with the County.
Dedications, Right-Electronic
of-Way
Field Books p p Paper GC34090(a) Center line ties, Benchmarks Maps p p Paper GC34090(a) Tract, parcel, APN, and records of surveys.
Permits p p Paper GC34090 Sewer, Encroachment,
Electronic Transportation.
Project Files CL+2 CL+2 Paper GC34090(d) Plans, conditions of approval, financial information, water meter
information, and permits.
Sewer Connections p p Paper GC34090(a) Sewer Annexations. 84
Records Series sos City Media Statutory Description
Retention Retention Requirement
Street/ Alley p p Paper GC34090 Relinquishment of rights and fee title. (Abandonment/
Vacation)
Traffic
Inventory 5+2 s+s Paper GC34090 Traffic signal and street light inventories.
Master Plans p cu+ 2 Paper GC34090 Copies of plans submitted to City Council.
Speed Survey cu+ 2 s Paper Survey conducted by vendor to establish speed limit basis in the city
of Garden Grove.
Street Closures -p p Paper GC34090
Deadends/Cu ldesac
Street Lighting and p p Paper GC34090(a) Engineer Report, repairs, work Park Maintenance Electronic orders, authorizations,
Districts budget/financial information.
Street/ Alley p p Paper GC34090(a) Relinquishment of rights and fee title.
Abandonment
Vacation
Studies CL+2 CU+l0 Paper GC34090 Traffic counts, accident data, statistics.
Traffic Signals, L p Paper Logs, drawings, wiring diagrams, Report Electronic codes, circuit numbers, installation
records, testing and maintenance.
Includes work orders, inspection,
repairs, cleaning, reports, complaints,
signals, striping, signage.
WATER DIVISION
AWWA Standards p Paper Standards adopted into CDPH Title 17 Electronic and Title 22 for operation &
maintenance of public drinking water
system.
Connection Records p p Electronic GC34090 Maps, water line connections.
Cross Connection CU+3 CU+l0 Paper Tests, surveys, correspondence, and Control Electronic violations.
Locations p p Electronic GC34090 Mains, valves, hydrants, and wells. 85
Records Series sos City Media Statutory Description
Retention Retention Requirement
Maintenance and CU+2 CL+10 Electronic GC34090 Includes work orders, inspection, Operations repairs, cleaning, reports, and
complaints.
Maps p p Electronic GC34090 Line location and easements.
Meter Operations CU+2 CU+2 Electronic GC34090 Reader reports, orders, tests, and maintenance reports.
Permits, National p p Paper 40 CFR Municipalities of 100,000/more.
Pollutant Discharge Electronic 122.28 Compliance with Clean Water Act Elimination System Re: pollutants.
(NPDES)
Permits: Other CU+2 p Paper GC34090 Permit to Operate Water System.
Electronic Approved Variances per SWRCB.
Encroachment Permit.
May depend on terms of state or
federal agency.
CA Dept of Public Health.
Orange County Public Works.
Rates 5+2 5+2 Paper GC34090
Electronic
Reports, CU+2 CU+2 Paper GC34090
Conservation Electronic
Reports, CU+2 CU+2 Paper GC34090
Consumption Electronic
Reports, Public CU+12 CU+12 Paper 40 CFR Compliance documentation.
Education Electronic 141.91
Reports, Quality CU+12 CU+12 Paper 40 CFR Compliance documentation.
Parameters Electronic 141.91
Reports, Sanitary CU+10 CU+l0 Paper 40 CFR Statistics, reports, correspondence.
Surveys Electronic 141.33
Reports, Source CU+12 CU+15 Paper 40 CFR Compliance documentation, e.g. lead Water Electronic 141.91 & copper.
Surveys, Water CU+10 CU+l0 Paper 40 CFR Statistics, reports, correspondence.
System Sanitary Electronic 141.33
86
Records Series sos City Media Statutory Description
Retention Retention Requirement
Tests, Quality CU+12 p Paper 40 CFR Compliance documentation including Electronic 141.91 but not limited to sampling data,
analysis, reports, surveys,
documents, evaluation, schedules,
and valves.
Value Main Records p p Electronic GC34090
Violations, Drinking CU+3 p Paper 40 CFR Retention applies to each violation. All Water Electronic 141.33 violation records kept permanently for research value.
87
APPENDIX A
ADMINISTRATIVE REGULATION 1. 7
88
STORAGE AND DESTRUCTION OF RECORDS AND
OTHER MATERIALS
1.7 PAGE 1 OF 8
PURPOSE: To provide information concerning the procedures for storage of off-site records and destruction of records.
REGULATION:
1. Off-Site Records
Off-site records storage is coordinated by the City Clerk's Office. See attached procedure that must be followed for storing records at the Central Stores warehouse at the City's Municipal Services Center, and for destroying on-site and off-site records.
2. Other Materials
To store any non-paper Department records, a written request shall be processed to the Purchasing Division stating the following:
a. Type of material to be stored.
b. Estimated space required.
c. Duration of storage.
d. Number of boxes to be stored.
3. All material to be stored shall be placed in standard storage boxes.
4. Because of the limited space available, departments will periodically evaluate items in storage and discard or remove outdated or irrelevant materials.
5. No paper documents should be permanently stored off-site. All documents deemed permanent by the City's current retention schedule should be scanned and electronically maintained per the City Clerk/City Attorney's approval or permanently maintained elsewhere, as the Public Works warehouse is not meant for permanent storage.
6. Any destruction of records must follow the records destruction approval procedure adopted by City Council resolution and described in Page 2.
March 3, 2023
Date
25 Lisa Kim
City Manager
1.7 STORAGE AND DESTRUCTION OF RECORDS AND
OTHER MATERIALS
PAGE 2 OF 8
City of Garden Grove
City Clerk's Office
OFF-SITE/ON-SITE STORAGE OF RECORDS
Procedures
PREPARE
1. Prepare the documents for storage by:
• Using standard storage/banker-type boxes w/lids (do not tape lids to boxes). Please do not overfill the boxes. Boxes should only be filled ¾ of the way. You should be able to lift the box over your head.
• Label one end of the box using the record name listed in the Retention Schedule.
The Retention Schedule can be accessed on the City Clerk's page on the City's Intranet. Include the date of the records and the destruction date. (Example #1) • Create a contents sheet for each box with the following information (Example #2):
-Name of Department
-Box Number
-Destruction Date. All records must have a destruction date listed. (Use Records Retention Schedule to determine date).
-General Description of Records inside of the box including the date of the records. Be sure to note which record title the records fall under per the retention schedule.
• Make three (3) copies of the contents sheet for the following:
-Place one copy inside the box
-Attach one copy to your memo requesting off-site storage -Keep one copy for your records
PICK-UP
2. Email the Records Coordinator requesting storage of prepared records (with content sheets attached). Be sure to include the number of boxes to be stored. (Example #3)
3. After receiving your request, the Records Coordinator will check on space availability at the storage areas. You will be notified if space is available.
4. The Records Coordinator will generate the Public Works work order to transfer your records to the on or off-site storage area. (Records shall not be sent without approval from the Records Coordinator.)
26
STORAGE AND DESTRUCTION OF RECORDS AND
OTHER MATERIALS
STORAGE
1.7 PAGE 3 OF 8
5. After receiving the request, warehouse staff or the Records Coordinator will contact you to schedule a date for pick-up. Please note: Each department/division is responsible for loading, or arranging for loading, their boxes on the shelves at the warehouse. Please make sure you have staff available to load boxes on the shelves the same day they are picked up. Before going to the warehouse, please make sure that staff picks up the key to the files from the Record Coordinator. Department records will be stored until the destruction date.
DESTRUCTION
Off-Site
6. Off-site records are not destroyed automatically. As part of the City Clerk's consistent assessment of storage, Department Directors will receive a Notice of Destruction Docusign email (Example #4 & #5) that indicates the Records at the Public Works warehouse are ready to be destroyed. The Director must electronically sign this form, as well as the Records Coordinator, Custodian of Records (City Clerk), and the City Attorney before the records are legally authorized to be destroyed.
In-House
1. Destruction of in-house (within City Hall/other City buildings) department records must be initiated by the Department and a request email must be sent to the Records Coordinator including a digitally filled out Certificate of Destruction. A Blank Certificate of Destruction can be found on the City Clerk's page on the City's Intranet. Please leave this document unsigned. (Example #5)
2. The Records Coordinator will process the provided Certificate of Destruction through Docusign and route for the necessary electronic signatures from the department, City Clerk's Office, and the City Attorney
3. Once approved, the Department will receive a digital copy of their completed certificate notifying them that the records are ready to be destroyed NOTE: If no confidential/sensitive information is contained on the records being destroyed, they can be recycled and disposed of upon approval of the Certificate of Destruction. If any records are deemed to have sensitive information, they are required to be shredded. This can be done in one of two ways:
a. Records can be placed throughout the shredding boxes located within City Hall that are picked up once a month. No additional charges will be incurred by the department
b. Records can be arranged to be picked up and shredded by a third party and will result in additional charges for the department. This cost will be determined per box at the time of destruction by the shredding company 27
STORAGE AND DESTRUCTION OF RECORDS AND
OTHER MATERIALS
Name of Department
Destruction Date
Records
Note: You don't have to use a table, a list will do.
OR
Name of Department
Destruction Date
1.7 ATTACHMENT
Example# 1
Box Number
File Date
Box Number
(Name of records should match the description of records on the City's retention schedule)
2010-2011 Accounts Payable Invoices
"A" -"B"
28
STORAGE AND DESTRUCTION OF RECORDS AND
OTHER MATERIALS
Name of Department
Destruction Date
A list of files contained in the box
2005-2006 Accounts Payable Invoices A-B
1.7 ATTACHMENT
Example# 2
Box Number
(The above description of records should match the similar title on the City's retention schedule)
A-1 Fence, Inc.
ACCO Engineered Systems, Inc.
Action Door Repair Corp.
Action Towing
Advanced Equipment Corp.
Air-Ex Air Conditioning, Inc.
All County Environmental
Barrett Consulting
Best of Best Events, Inc.
Betance Enterprises, Inc. dba All Cities Fence Co.
Bound Tree Medical Products
29
STORAGE AND DESTRUCTION OF RECORDS AND
OTHER MATERIALS
Example Email Request for Storage
To: City Clerk's Office ( [email protected])
Subject: Off-Site Record Storage for (Department)
1.7 ATTACHMENT
Example# 3
We are requesting that nine (9) boxes of (Division/Department) files be placed in storage. The boxes are clearly labeled and enclosed in each box a list of files it contains. Copies of the lists are attached to this email for your records.
Thank you,
(Employee Name)
30
STORAGE AND DESTRUCTION OF RECORDS AND
OTHER MATERIALS
City of Garden Grove
1.7 ATTACHMENT
Example# 4
NOTICE OF DESTRUCTION FOR OFF-SITE RECORDS
To: Department Director
The files listed on the attached Records Disposal Authorization Certificate are ready for destruction. In accordance to the City's Authorized Retention Schedule and the State of California Government Code (Section 34090), the records have either been scanned and electronically maintained or stored the maximum amount of time required.
Please electronically sign the attached forms in the "Department Approval" box and mark the box on the certificate, which indicates the type of destruction required for your records.
Please note that if the records have any sensitive information, the records will need to be shredded. If no sensitive information is contained, they can be recycled with no charge to the department. If you choose to have your records shredded, your department will be charged for a shredding company to shred the documents.
The City Clerk's Office is available to answer any questions you have regarding this process.
After the Records Disposal Authorization Certificate receives full approval, we will destroy the records, and will notify you when destruction is complete.
I appreciate your prompt action in processing this certificate.
By: (NAME)
Records Coordinator
Attachment: Records Disposal Authorization Certificate(s) 31
w
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Example#5
CITY OF GARDEN GROVE
RECORDS DISPOSAL AUTHORIZATION CERTIFICATE
TO: City Attorney DATE:
__________ requests authority to destroy the following records:
FILE or - -1-- •· _R\;:TENTJON:
sox,No: -__ -. : ·,PERIOD -- •
-
<DESCRIPT[ON OF RECORD$_- -
NUMBER
OF E302SES
STORED
(YEJIBS)
REASON FOR DESTRUCTION DESTRUCTION DATE: as soon as aooroved These records have been stored as per adopted records Method of Destruction:
□ n retention schedule and per oovernmental code requirements Shred Recycle CITY:ATTORNEYCONSENT: . ·= • ..-. - '
Hecom'~:eiidedhy: -"'------'--"--'-'-'-'--'..,;.,.:.--'--' , :-- ,. .... - __ · • . • (Slaff's --
hcimmehded hy:j;~ 1 :cansenfl8 hereby given to destroy ihe - _records enumerated above. -
'Appfove1)y:" "-'--'-~~ .. -~-----"-'-----' . .. . . ·,: ,· ~-- ••l;sy: ~-'=· ----.;._~-'---'.......,;..-.;..._;_~...,;,_-- -- --t-Clly Allomey's Signature) .
=.,.F:brii~K{~oi/tiiy'citrk. :: . :ForWa/ci t9:: CiWAttorn~y - Retum'to CITY CLERK PHYSICAL DESTRUCTION DATE: ________ _ BY: ____________ _ o en
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Agenda Item - 4.d.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Ursula Luna-Reynosa
Dept.: City Manager Dept.: Director
Subject: Approval to extend the
lease Agreement with
Credit Union of Southern
California for property
located at 11390 Stanford,
Garden Grove. (Revenue
$71,813.88) (Action Item)
Date: 11/14/2023
OBJECTIVE
For City Council to approve the Seventh Amendment to the Credit Union of Southern California Lease (Seventh Amendment) for the continued use of office space at 11390 Stanford Avenue, Garden Grove.
BACKGROUND
The office located at 11390 Stanford Avenue owned by the City of Garden Grove (City) has been leased to Credit Union of Southern California and its predecessor, Golden West Cities Federal Credit Union (Golden West), since 1979. In 2002, the City and Golden West executed a lease amendment (First Amendment), extending the term for fifteen (15) additional years. In 2014, Credit Union of Southern California (CUSC) and Golden West merged and the lease was assigned to CUSC. In September 2016, Staff and CUSC negotiated another lease extension (Second Amendment) for three (3) additional years, with two (2) one-year options. In 2019, the City and CUSC executed the Third Amendment, the first of two (2) one-year options, extending the lease through December 1, 2020. In 2020, the City and CUSC executed the Fourth Amendment, extending the lease for the second one-year option through December 1, 2022, and negotiated for two (2) additional one-year lease extension options with the rent adjusted each year via Consumer Price Index (CPI), not to exceed three percent (3%).
DISCUSSION
The CUSC has requested to exercise the final, one-year lease extension option, if approved, the lease would extend through December 1, 2024, the Seventh Amendment. The rent would be adjusted via CPI, calculated at 3.0% maximum, the new rent would be Five Thousand Nine Hundred and Eighty-Four Dollars and 49/100
Cents ($5,984.49) per month. Additionally, the CUSC has requested for one (1) more one-year lease extension option to be added to the Seventh Amendment. If approved, the lease would extend through December 1, 2025. The same CPI annual rent adjustment would apply.
FINANCIAL IMPACT
Revenues generated from the Seventh Amendment is $5,984.49 per month or $71,813.88 annually.
RECOMMENDATION
It is recommended that the City Council:
Approve the Seventh Amendment with Credit Union of Southern California for continued occupancy of 11390 Stanford Avenue, and
Authorize the City Manager to execute the Seventh Amendment and make minor modifications as needed on behalf of the City.
ATTACHMENTS:
Description Upload Date Type File Name
Lease Amendment No.
7 11/7/2023 Agreement
Credit_Union_of_Southern_California_-
_11390_Stanford_-
_Lease_Agreement_Amendment_No._7_-
_2023_Rev.docx
•
•
SEVENTH AMENDMENT TO LEASE AGREEMENT
This SEVENTH AMENDMENT TO LEASE AGREEMENT (Seventh Amendment) is made and entered into this day of November , 2023, by and between the CITY OF GARDEN GROVE, a municipal corporation (City) and CREDIT UNION OF SOUTHERN CALIFORNIA, a California corporation (Tenant).
RECITALS
A. Whereas, the City and Golden West Cities Federal Credit Union pre viously entered into that certain Lease Agreement, dated November 19, 1991, as amended thereafter (collectively, the “Lease”) pertaining to certain real property owned by the City located at 11390 Stanford Avenue, Garden Grove, CA, referred to herein as the “Premises.”
B. Whereas, Golden West Cities Federal Credit Union merged with Credit Union of Southern California and the Garden Grove City Council approved assignments of the Lease to Credit Union of Southern California.
C. Whereas, effective April 1, 2014, Credit Union of Southern California assumed, all of Golden West Cities Federal Credit Union’s rights, obligations, and liabilities as “Tenant” under the Lease.
D. Whereas, the City and Tenant desire to amend the Lease to extend the term thereof subject to the terms set forth herein.
NOW THEREFORE, in consideration of the foregoing Recitals that are a substantive part hereof and the covenants herein contained, and in consideration of the terms and conditions of this Seven th Amendment, City and Tenant agree as follows:
1. The monthly rental amount for the extended term is hereby set to Five Thousand Nine Hundred and Eighty Four Dollars and 49/100 Cents ($5,984.49) per month.
2. The Lease term is here by extended for another year commencing December 1, 2023 and terminating on December 1, 2024.
3. The term of the Lease may be extended for an additional one year , from December 1, 2024 through December 1, 2025 subject to consent by, and approval of, the City Council . The Tenant shall provide the City with 90 -days advance written notice of its request to extend the lease for the one-year extension prior to the expiration of the then current term. For the extension period, the monthly rental shall be adjusted by the C onsumer Price Index, not to exceed three percent (3%).
4. All other terms, covenants, and conditions set forth in the Lease shall remain in full force and effect.
[SIGNATURE PAGE FOLLOWS]
---
IN WITNESS WHEREOF, the City and Tenant have executed the SEVENTH AMENDMENT TO LEASE AGREEMENT as of the date first above written.
Date:
ATTESTED:
Teresa Pomeroy
City Clerk
APPROVED AS TO FORM:
Omar Sandoval
Garden Grove City Attorney
“CITY”
CITY OF GARDEN GROVE,
A municipal corporation
By:
Lisa L. Kim Dated
City Manager
“TENANT”
CREDIT UNION OF SOUTHERN CALIFORNIA
a California Corporation
By:
Title:
Dated:
Tax I.D.:
If TENANT, is a corporation, a Corporate
Resolution and/or Corporate Seal is required. If
a partnership, Statement of Partnership must be
submitted to CITY
Agenda Item - 4.e.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Approval of Final Parcel Map
No. PM-2022-167 for the
properties located at 7390
and 7440 Lincoln Way,
Garden Grove. ( Action Item)
Date: 11/14/2023
OBJECTIVE
To receive City Council approval for a Final Parcel Map No. PM-2022-167 for the properties located at 7390 and 7440 Lincoln Way, Garden Grove (southwest corner of Western Avenue & Lincoln Way).
BACKGROUND
On February 16, 2023, pursuant to Planning Commission Resolution No. 6057-23, the Applicant received approval of Site Plan No. SP-123-2023 and Tentative Parcel Map No. PM-2022-167. A copy of Planning Resolution No. 6057-23 is attached.
DISCUSSION
The proposed Final Parcel Map PM-2022-167 will consolidate the two (2) existing properties at 7390 and 7440 Lincoln Way into a single parcel, totaling 4.044 acres. A new 88,164 gross square-foot shell industrial building will be constructed on a new parcel.
The conditions of approval, as well as California state law under the Surveyor’s Act, require the applicant to be responsible for protecting all existing and newly established horizontal and vertical survey controls, monuments, ties (centerline and corner) and benchmarks located within the limits of the project and all new monuments must be set within 365 days of recording the final map as shown on the Surveyor’s Statement of the final map. To guarantee the protection and re- establishment of all the monuments of the subject development, the developer has opted to provide a deposit in the forms of cashier’s checks.
Staff has reviewed all the subdivision documentation mandated by City Ordinances, conditions of approval, and the Subdivision Map Act and finds this map to be in compliance. The owner has complied with all conditions of the tentative parcel map.
FINANCIAL IMPACT
There is no financial impact to the General Fund.
RECOMMENDATION
It is recommended that the City Council:
Approve Final Parcel Map No. PM-2022-167
By: Kamyar Dibaj, MS, Project Engineer
ATTACHMENTS:
Description Upload Date Type File Name
Copy of Final Parcel Map No.
PM-2022-167 10/26/2023 Exhibit SIGNED_PM-2022-167.pdf
Planning Resolution 10/26/2023 Resolution SP-122-2023_Reso.pdf
•
SHEET 1 OF 2 SHEETS
NUMBER OF PARCELS: 1
4.051 GROSS AC/?£S
PARCEL MAP NO. 2022-167
ACCEPTED AND FILED AT THE
REQUEST OF THE
ORANGE COUNTY SURVEYOR
4. 044 N£T AC/?£S IN TH£ CITY o, GARDEN GROVE, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE::...: ____________ _ OAT£ OF SURVEY: APRIL 2022
8£ING ALL OF T£NTA 17V£
PARCEL MAP NO. 2022-167
BEING A SUBDIVISION OF PARCELS 2 AND 3 OF PARCEL MAP NO. 85-168, AS PER MAP RLED IN BOOK 218 PAGES 35, 36, AND 37 OF PARCEL MAPS, IN TH£ OFRCE OF TH£ COUNTY RECORDER OF SAID COUNTY. llME: _____ f'.EE: $ _____ _
INSTRUMENT NO. _________ _
THIENES £NG/NEERING, INC. OA TE OF SURVEY: APRIL 2022 BRIAN THIENES P.L.S. NO. 5750 BOOK: _____ PAGE: ______ _ OWNERSHIP CERT/FICA TE:
l+f: TH£ UNDERSIGNED, B£/NG ALL PARTIES HAVING ANY RECORD 17TLE INTEREST IN THE LAND COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARA 170N AND RECORDA 170N OF SAID MAP, AS SHOWN WITHIN THE DIS17NC17VE BORDER LINE.
H.£ HEREBY IRREVOCABLY OFFER FOR DEOICA 170N TO THE CITY OF GARDEN GROVE, A 4-FOOT WIDE SIDEWALK EASEMENT AS SHOWN ON SAID MAP.
11£ ALSO HEREBY RELEASE AND RELINQUISH TO THE CITY OF GARDEN GROVE, ALL RIGHTS TO UNDERGROUND WATER WITHOUT TH£ RIGHT OF SURFACE £NTRY.
M' ALSO HER£BY RELEASE ANO RELINQUISH TO THE CITY OF GARDEN GROVE, ALL VEHICULAR ACCESS RIGHTS TO LINCOLN WAY ANO M"STERN A VENUE EXCEPT AT APPROVED LOCATIONS.
SCANNELL PROPERTIES #680, LLC, AN /NO/ANA LIMITED LIABILITY COMPANY, OWNER BY.·~Jsf?
PRINT NAM£~"'.)._ --:5°:-:J?v~"\,
n TL£: AA,.~~~,
NOTARY ACKNQWLEDCMENT:
A NOTARY PUBLIC OR Oll1£R OFFICER COMPLETING THIS
C£RTIRCATE VERIFIES ONLY TH£ IDENTITY OF TH£ INDIVIDUAL WHO SIGNED TH£ DOCUMENT TO WHICH THIS CERnRCATE IS
A TTACHEO, ANO NOT THE TRUTHFULNESS, ACCURACY, OR
VALIDITY OF THAT DOCUMENT.
STA TE OF ..7/4'~.UVA-
COUNTY OF /JfAR.:nJI<./ _ ~ ss
• A NOTARY PUBLIC, ON ~r IB, to~ BEFORE ME er~ dac.R.mt7 PERSONALLY APPEARED ~c:(d L}~
WHO PROVED TO ME ON TH£ BASIS OF SATISFACTORY EVIDENCE TO 8£ 'TH£ PERSON(S) WHOSE NAME(S) IS/AR£ SUBSCRIBED TO 'TH£ Wl'THIN INSTRUMENT AND ACKNOWLEDGED TO ME '!HAT HE/SH£/ll1£Y EXECUTED THE SAM£ IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNA TURE(S) ON TH£ INSTRUMENT THE P£RSON(S), OR THE £NnTY ON BEHALF OF l'IH/CH TH£ PERSONS(S) ACTED, EXECUTED TH£ INSTRUMENT.
I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LA IY.5 OF THE STA TE OF CALIFORNIA THA T THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND: )
cl/;_26 /4f, SIGNATURE
~9/F~8'
MY COMMISSION NUMBER
MY COMMISSION EXPIRES ///z1/2Y ~v'R~ro1t PRINT NAM£
MY PRINCIPAL PLACE OF BUSINESS IS IN: /l?ar,ot1 COUNTY.
BENEflCJARY:
BMO HARRIS BANK N.A., A NA noNAL BANKING ASSOC/A TION, B£NEF7CIARY UNDER A DEED OF TRUST RECORDED AUGUST 9, 2022 AS INSTRUMENT NO. 2022000272224 OF OFFICIAL RECORDS.
BY..-~ ~
PRINT NAME: /Ju.Yt. L1)tbrl,a.r
TITLE· D,,u:l;o c
NOTARY ACKNOWLEDGMENT:
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS
CERT/FICA TE VERIFIES ONLY TH£ IDENTITY OF THE INDIVIDUAL l'IHO SIGNED TH£ DOCUMENT TO l'IHICH THIS CERnFICATE IS ATTACHED, AND NOT THE TRU'THFULN£SS, ACCURACY, OR
VALIDITY OF THAT DOCUMENT.
(I, ss
STA TE OF ;r;//4",1ois ~
COUNTY OF _oo/G
oN LOji'ljAA:J..3 BEFORE ME Antt'(est ;J~r-e.-~ . A NOTARY Pusuc.
PERSONALL y APPEARED A lex Wet.sf-ex. 0itecl:rr1
WHO PROVED TO ME ON 'TH£ BASIS OF SA 77S7ACTORY EVIDENCE TO BE THE P£RSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO TH£ Wl'THIN INSTRUMENT AND ACKNOWLEDGED TO M£ THAT HE/SHE/THEY £X£CUTED TH£ SAM£ IN HIS/HER/THEIR AUTHORIZED CAPAC/TY(l£S),
AND THAT BY HIS/HER/THEIR SIONA TURE(S) ON THE INSTRUMENT 'THE PERSON(S), OR THE ENTITY ON BEHALF OF WHICH THE PERSONS(S) ACTED, EXECUTED THE INSTRUMENT.
I CERnFY UNDER PENALTY OF PERJURY UNDER TH£ LAIY.5 OF THE STAT£ OF CALIFORNIA THAT 'THE FOR£COINC PARAGRAPH IS TRUE ANO CORRECT.
Wl;;;z::::__ !tY~
/4 j SICNA ;;5, n. ve t1'av~han1
PRINT NAME
MY PRINCIPAL PLACE OF BUSINESS IS IN:
SICNA TURE OMISSIONS:
~~17/0
MY COMMISSION NUMBER
MY COMMISSION EXPIRES 9/S/,p{).)b
7 Uo/::_ COUNTY.
PURSUANT TO THE PROVISIONS OF THE SECTION 66436(o)(3)(A)&(C) OF TH£ SUBDIVISION MAP ACT, THE FOLLOWING SICNA TURES HA VE BEEN OMITTED:
IRVIN£ INDUSTRIAL COMPLEX, A CALIFORNIA CORPORATION, HOLDER OF MINERAL RIGHTS IN DOCUMENT RECORDED FEBRUARY 24, 1943 IN BOOK 1177, PAC£ 540 OF OFFl(!IAL RECORDS.
TH£ /RV/NE COMPANY, A MICH/CAN CORPORATION, HOLOER OF ALL OIL RIGHTS, MINERAL RIGHTS, AND NATVRAL CAS RIGHTS AS RESERVED IN DOCUMENT RECORDED AUGUST 15, 1977 IN BOOK 12336, PACE 195 OF OFFICIAL RECORDS.
GAROEN GROVE SANITARY DISTRICT, HOLDER OF AN EASEMENT FOR 5£Wl::R LIN£ PURPOSES, PER DOCUMENT RECORDED JVNE .9, 1983 AS INSTRUMENT NO. 83-244182 OF OFFICIAL RECORDS.
GLENBOROUGH OPERA TING CO. L TO., A CALIFORNIA LIMITED PARTNERSHIP, ITS P£RMITTE£S AND ALL OTHERS ENTITLED TO US£ TH£ SAME, HOLDERS OF A NON-EXCLUSIVE £AS£M£NT FOR INGRESS, £CRESS, ANO THE PASSAGE OF MOTOR VEHICLES OVER THE OR/1,f"WA Y AREAS OF THIS MAP PER DOCUMENT RECORDED OCTOBER 7, 1988 AS INSTRUMENT NO. 88- 514842, OF OFFICIAL RECORDS.
HUGH NGUYEN
COUNTY CLERK/RECORDER
BY: ____ ~~-------
DEPUTY SURVEYOR'S STATEMENT:
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH TH£ REQUIREMENTS OF TH£ SUBDIVISION MAP ACT ANO LOCAL ORDINANCE AT TH£ REQUEST OF SCANNELL PROPERTIES #580, LLC IN APRIL 2022 I HEREBY STA TE THAT ALL MONUMENTS AR£ OF THE CHARACTER AND OCCUPY THE POS/170NS IND/CA TED, OR THAT THEY WILL B£ SET IN SUCH POStnONS WITHIN 24 MONTHS AFTER MAP RECOROA TION; ANO THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE TH£ SURVEY TO BE RETRACED. I H£R£BY STA TE THAT THIS PARCEL MAP SUBSTAN17ALL Y CONFORMS TO TH£ APPROVED OR CONOITIONALL Y APPROVED TENTATIVE MAP, IN ANY.
SGNED b.~42 ,
BRl~N L. THIENES
P.L.S. NO. 5750
R£G. EXPIRES 12/31/23
CITY E_NGINEER'S STATEMENT:
1upo/1,J
OAT£
i~\. LANo s, .
,$3 ~ '-· T Ii~~
~~ ~~ 0::: Qc ,.,, 0
a.. CD v, ::o
* NO. 5750 *
-~ ~· -1 >-,:; '--.-'.; r§, ,.
, ;_e OF C~'-~ · "
I HEREBY STAT£ THAT I HAVE EXAMINED THIS MAP ANO HAVE FOUND IT TO BE SUBSTANTIALLY IN CONFORMANCE WITH TH£ TENTATIVE MAP, IF R£QUIR£0, AS FILED WITH, AMENDED AND APPROVED BY TH£ CITY PLANNING COMMISSION; THAT ALL PROVISIONS OF TH£ SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HA VE BEEN COMPLIED WITH.
DA TEO THIS ____ DAY OF _______ , 20 __ _
DANIEL J. CANDELARIA, RC£ 52125
CITY £NGIN££R, CITY OF GARDEN GROVE
COUNTY SURVEYOR'S STATEMENT:
I HEREBY STAT£ THAT I HAVE EXAMINED THIS MAP ANO HAVE FOUND THAT ALL MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT HA VE BEEN COMPLIED WITH AND I AM SA TISF/£0 SAID MAP IS TECHNICALLY CORRECT.
OA TEO THIS ____ DAY OF _______ , 20 __ _
K£VIN R. HILLS, COUNTY SURVEYOR
P.L.S. 6617
BY.· LILY M. N. SANDBERG, DEPUTY COUNTY SURVEYOR
P.L.S. 8402
CITY CLERK'S CERT/FICA TE:
STA TE OF CALIFORNIA l
COUNTY OF ORANG£ SS
CITY OF GARDEN GROVE
I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF TH£ CITY OF GARDEN GROVE AT A REGULAR MEETING THEREOF HELD ON THE ___ _ DAY OF ______ , 20_ AND THAT THEREUPON SAID COUNCIL DID, BY AN ORO£R DULY PASSED AND ENTERED, APPROVE SAID MAP AND 010 ACCEPT ON BEHALF OF THE CITY OF GARD£N GROVE THE IRREVOCABLE OFFER OF DEDICATION OF TH£ 4- FOOT WIDE SIDEWALK EASEMENT AS OEOICA TEO.
ANO DID ALSO ACC£PT ON BEHALF OF TH£ CITY OF GARDEN GROVE ALL RIGHTS TO UNDERGROUND WATER WITHOUT TH£ RIGHT OF SURFACE ENTRY,·
ANO 010 ALSO ACCEPT ON BEHALF OF THE CITY OF GARDEN GROVE ALL VEHICULAR ACCESS RIGHTS TO LINCOLN WAY ANO M"STERN A VENU£ EXCEPT AT APPROVED LOCATIONS,·
AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 66436(o}(3)(A) OF TH£ SUBDIVISION MAP ACT.
IN WITNESS WHEREOF I HA VE HEREUNTO SET MY HANO ANO AFFIXED THE OFFICIAL SEAL OF TH£ CITY OF GAR0£N GROVE.
DA TED THIS ____ DAY OF
------• 20 __ _
TERESA POMEROY
CITY CLERK, CITY OF GARDEN GROVE
COUNTY T8__£ASURER-TAX COLLECTOR'S CE8TIFICA TE:
STA TE OF CALIFORNIA
COUNTY OF ORANG£ ~ ss
I HEREBY CERTIFY THAT ACCORDING TO TH£ RECORDS OF MY OFFICE, THERE ARE NO LIENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STA TE.
COUNTY, MUNICIPAL OR LOCAL TAX£S OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAX£S NOT YET PAYABLE.
ANO 00 CERTIFY TO TH£ RECORDER OF ORANGE COUNTY THAT TH£ PROVISIONS OF TH£ SUBDIVISION MAP ACT HA 1/£ BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLL£CTEO AS TAXES ON THE LANO COV£R£0 BY THIS MAP.
DA TED THIS ____ OA Y OF _______ , 20 __ _
SHARI L. FREIOENR/CH BY.· _______ _____ _
COUNTY TREASURER-TAX COLLECTOR TREASURER-TAX COLLECTOR
SHEET 2 OF 2 SH£E.7S
NUMBER OF PARCELS: 1
4.051 GROSS ACRES
4.044 NIT ACRES
PARCEL MAP NO. 2022-167
IN THE CITY OF GARDEN GROVE, COUNTY OF ORANGE, STATE OF CALIFORNIA DA TE: OF SURVEY: APRIL 2022
8£/NG ALL OF T£NTA TlV£
PARCEL UAP NO. 2022-167 THIENES ENGINEERING, INC. DA TE OF SURVEY: APRIL 2022 BRIAN THIENES P.L.S. NO. 5750 0 0
MONUMENT & ESTABLISHMENT NOTES:
FOUND SPIKE ANO WASH£/?, ILLEGIBLE, DOWN 0.2:· ACCEPTED AS BEING THE SAME SPIKE AND WASHER TAGGED "LS 3246" PER Rf, AND BEING THE CENTER OF CVL DE SAC AT LINCOLN WA Y PER Rf.
FOUND SPIKE AND WASHER TAG ILLEGIBLE, DOWN 0.2;• ACCEPTED AS BEING THE SAME SPIKE ANO WASHER TAGGED "LS 3246" PER Rf, ANO BEING AN ANGLE POINT ON THE W£STERL Y LINE PARCEL 2 OF Rf.
0 FOUND SPIKE NO WASHER, FLUSH; ACCEPTED AS BEING THE SAME SPIKE ANO WASHER TAGGED "LS 3246" PER RT, AND BEING AN ANGLE POINT ON THE W£STERL Y LINE PARCEL 2 OF Rf.
0 FOUND 2• IRON PIPE WITH SPIKE AND WASH£/?, ILLEGIBLE, DOWN 0.5;• ACCEPTED AS BEING THE SAME 2• IRON PIPE WITH SPIKE AND WASHER TAGGED "LS 3246" PER Rf, AND BEING 71-IE NORTHWEST CORNER OF PARCEL 2 OF RT.
@J FOUND 2• IRON PIPE TAGGED "LS 3246: DOWN f.2' PER Rf; ACCEPTED AS ANGLE POINT IN THE NORTHEASTERLY LINE OF PARCEL 2 OF Rf.
II} FOUND 2• IRON PIPE TAGGED "LS 3246: FLUSH PER Rf; ACCEPTED AS ANGLE POINT IN THE NORTHEASTERLY LINE OF PARCEL 2 OF Rf.
0 @}
FOUND 1• IRON PIPE WITH PUNCH, DOWN 0.2; NO REF.; ACCEPTED AS BEING IN THE SAME POSITION AS SPIKE AND WASHER STAMPED "LS 3246" PER Rf, BEING THE CENTERLINE INTERSECTION OF LINCOLN WAY ANO M::STERN A VENUE.
FOUND 0.C.S. W£LL MONUMENT WITH SPIKE TAGGED "RC£ f297t: DOWN f.8' PER Rf;
ACCEPTED AS THE CENTERLINE INTERSECTION OF ORANGEWOOD A VENUE AND WESTERN A VENUE, SAID MONUMENT ALSO BEING OCS GPS HORIZONTAL CONTROL POINT NO. 3615.
II}- INTERSECTION OF THE EASTERLY PROLONGATION OF THE SOUTHER£ Y LINE OF Rf AND THE CENT£RL/NE OF M:STERN AVENUE.
§ FOUND 2• IRON PIPE TAGGED "LS 4189: DOWN 0.9' PER R2; ACCEPTEO AS THE NORTHM:ST CORNER OF PARC£/. f OF R2.
LEGEND:
( ) IND/CA TES RECORD PER MAP REFERENCE. O 25 50 100
• INDICATES FOUND MONUMENT AS NOTE:0. ! I ! I 0 IND/CA TES SET 2" IRON PIPE, TAGGED "LS 5750: FLUSH. SCALE: 1 "= 50'
NOTE:
IN THE EVENT THE ABOVE TYPE OF MONUMENT
CANNOT 8£ SET DUE TO UNFORESEEN CIRCUMSTANCES,
A LEAD & TACK, TAGGED "LS. 5750" Will BE SET
FLUSH IN CONCRETE.
BASIS OF BEARINGS:
TH£ BEARINGS SHOWN HEREON ARE BASED ON THE BEARING B£TW££N 0.C.S HORIZONTAL CONTROL STATION GPS NO. 3615 ANO STA 770N GPS NO. 3616 BEING NORTH 88°47'43" WE'ST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR.
DA TUM STA TEMENT:
COORDINATES SHOWN ARE BASED ON CAUFORNIA COORDINATE SYSTEM (CCS83), ZONE ~ 1983 NAO, (2017.50 EPOCH OCS CPS ADJUSTMENT) . All DISTANCES SHOWN AR£ GROUND DISTANCES, UNLESS OTHERWISE NOTED. TO OBTAIN CR/0 DISTANCES, MULTIPLY GROUND DISTANCES BY A "PROJECT SPECIFIC• COMB/NA 770N FACTOR OF 0.99998938.
EXISnNG EASEMENTS:
(]) AN EASEMENT IN FAVOR OF GARDEN GROVE SANITARY DISTRICT FOR SEWER LINES ANO INCIDENTAL PURPOSES, RECORDED JUNE 09, 1983 AS INSTRUMENT NO. 83-244182 OF OFFICIAL RECORDS.
@ FOUND 2" IRON PIPE TAGGED "LS 3246: DOWN 0.2' PER Rf; ACCEPTED AS THE SOUTHWEST CORNER OF PARCEL 2 OF Rf.
~ FOUND SPIKE ANO WASHER TAGGED "LS 3246: FLUSH PER Rf; ACCEPTED AS ANGLE POINT ON THE M::STERL YUN£ PARC£/. 2 OF Rf.
A NON-£XCLUSIV£ EASEMENT IN FAVOR OF GLENBOROUCH OPERATING CO. LTD., A CALIFORNIA LIM/T£0 PARTNERSHIP, FOR ITS USE ANO FOR THE USE OF ITS PERMITTEES, IN COMMON WITH AU OTHERS £NTITL£0 TO USE THE SAME, FOR INGRESS, £CRESS, ANO THE PASSAGE OF MOTOR VEHICLES OVER THE ORIV£WA Y AREAS OF THIS MAP PER DOCUMENT RECORDED OCTOBER 7, 1988 AS INSTRUMENT NO. 88-514842, OF OFFICIAL RECORDS. EASEMENr @
Im
ANGLE POINT IN THE M:STERLY LINE OF PARCEL 2 OF Rf· ESTABLISHED BY INTERSECTING LINES PERPENOICULAR TO LINE 121 - 0 ANO LINE ~ - IT] PASSING THROUGH POINTS IT] AND 0 PEflf .
FOUND O.C.S. HflL MONUMENT WITH PUNCHED HEX BAR, DOWN f.3; PER CR 2020-0500,· ACCEPTED AS THE CENTERLINE INTERSECTION OF ORANGEWOOD A VENUE AND KNOTT STREET. SAID MONUMENT ALSO BEING OCS GPS HORIZONTAL CONTROL POINT NO. 3616.
MAP REFERENCES:
Rf PARCEL MAP NO. 85-168
R2 PARCEL MAP NO. 92- 196
P.M.B. 218/35 - 37
P.M.B. 276/9 - fO
SEE DETAIL )I'
CANNOT BE PLOTTED Fl?OM THE R£CORO.
DEDICATED EASEMENTS:
(J) AN £AS£M£NT FOR SIDEWALK PURPOSES, OED/CA TED TO TH£ CITY OF GARDEN GROVE HEREON.
SURVEYOR'S NOTE:
&. ABUTTER'S RIGHTS OF INGRESS ANO EGRESS TO OR FROM WESTERN A VENUE HA VE B££N RELEASED ANO RELINQUISHED , EXCEPT AT ORIVEWA Y LOCA 770NS AS SHOWN ON PARCEL MAP NO. 82- 511, P.M.B. 177, PAGES 21-23. INCLUSIVE. ~ 4 '[f/1S SHEET ~ ~ 89"36'01· W 789.98' (790.00' R1) _ 'e, LINCOLN WA Y [ZJ ~-! ~ N 89'36'01" W 455.67' (455.62' Rt) 'i£11 ~ 4-~,~- SURVEYOR'S BOUNDARY NOT£·
THERE ARE NO CONFLICTS WITH
EXISTING VISIBLE IMPROVEMENTS ANO
THE EXTE:RIOR BOUNDARY LINE
(OIS77NC77VE BORDER) OF THIS MAP
AS ESTABLISHED HEREON.
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!.-----< NORTHING = 2,237,650.94 U.S. SURVEY FEET
£AST/NC = 6,026,645.30 U.S. SURVEY FEET
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R=25.00'
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ORANGE COUNTY GPS #3615
NORTHING = 2,237,590.51 U.S. SURVEY FEET
EASTING = 6,029,518.65 U.S. SURVEY FEET
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RESOLUTION NO. 6057-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GARDEN GROVE APPROVING SITE PLAN NO. SP-122-2023 AND TENTATIVE PARCEL MAP NO. PM- 2022-167 FOR PROPERTIES LOCATED ON THE SOUTHWEST CORNER OF LINCOLN WAY AND WESTERN AVENUE , AT 7390 LINCOLN WAY AND 7440 LINCOLN WAY , ASSESSOR'S PARCEL NOS. 131-021-36 AND 131-021-37.
BE IT RESOLVED that the Planning Commission of the City of Garden Grove, in regular session assembled on February 16, 2023, does hereby approve Site Plan No. SP-122-2023, and Tentative Parcel Map No. PM- 2022-167, for land located on the southwest corner of Lincoln Way and Western Avenue, at 7390 Lincoln Way and 7440 Lincoln Way, Assessor's Parcel No. 131-021-36 and 131-021-37, subject to the Conditions of Approval attached hereto as “Exhibit A.”
BE IT FURTHER RESOLVED in the matter of Site Plan No. SP- 122-2023, and Tentative Parcel Map No. PM- 2022-167, the Planning Commission of the City of Garden Grove does hereby report as follows:
1. The subject case was initiated by Steve Hong of LHA Architects (the “Applicant”), with the authorization of the property owner, Scannell Properties #680, LLC.
2. The Applicant is requesting approval of a Tentative Parcel Map to consolidate two parcels located at 7390 Lincoln Way and 7440 Lincoln Way, identified as Assessor’s Parcel Nos. 131-021-36 and 131-021-37 into a single parcel, and Site Plan approval to construct a new 88,164 square-foot shell industrial building following the demolition of a 76,500 square-foot building at 7390 Lincoln Way and a 29,950 square-foot building at 7440 Lincoln Way (collectively, the “Project”).
3. The Planning Commission hereby determines that this project is categorically exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Section 15332, In-Fill Development Projects of the CEQA Guidelines (14 Cal. Code Regs., § 15332). The Project is consistent with the applicable General Plan designation and all general plan policies, as well as with the applicable zoning designation and regulations; the Project occurs within City limits on a project site of no more than five (5) acres substantially surrounded by urban uses; the Project is located on a site that has no value as habitat for endangered, rare, or threatened species; and approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services.
4. The property has a General Plan Land Use designation of Industrial (I), and is currently zoned Planned Unit Development No. PUD- 103-76 (REV. 2018). The
Resolution No. 6057-23 Page 2
subject site is currently improved with two office buildings across two parcels, comprising 4.051 acres.
5. Existing land use, zoning, and General Plan designation of property within the vicinity of the subject property have been reviewed.
6. Report submitted by City Staff was reviewed.
7. Pursuant to a legal notice, a public hearing was held on February 16, 2023, and interested persons were given an opportunity to be heard.
8. The Planning Commission gave due and careful consideration to the matter during its meeting of February 16, 2023, and considered all oral and written testimony presented regarding the project.
BE IT FURTHER RESOLVED, FOUND AND DETERMINED that the facts and reasons supporting the conclusion of the Planning Commission, as required under Municipal Code Section 9.32.30, are as follows:
FACTS:
The subject site is comprised of two (2) properties, across approximately 4.051 acres, located on the southwest corner of Lincoln Way and Western Avenue, at 7390 Lincoln Way and 7440 Lincoln Way. The site has a General Plan Land Use designation of Industrial (I), and is zoned Planned Unit Development No.
PUD-103-76 (REV. 2018). The property at 7390 Lincoln Way (Assessor's Parcel No. 131-021-36), is currently improved with a 76,500 square-foot office building. The property at 7440 Lincoln Way (Assessor's Parcel No. 131-021-37), is currently improved with a 29,950 square-foot office building. The buildings at 7390 Lincoln Way, and 7440 Lincoln Way are occupied by laboratory and office professional uses, respectively. The subject site abuts PUD- 103-76 (REV. 2018) zoned properties to the north, west, and south. To the east, across Western Avenue, the subject site is adjacent to industrial-type uses in the City of Stanton.
Now, the applicant is requesting to demolish both existing buildings at 7390 Lincoln Way and 7440 Lincoln Way. The requested Tentative Parcel Map will consolidate the two (2) properties into a single parcel. A new 88,164 gross square-foot shell industrial building will be constructed on the new parcel. The proposed Conditions of Approval require a reciprocal access agreement to be recorded along the western property line to maintain circulation and vehicular access for the subject property, and the adjoining property to the west (7330 Lincoln Way).
The building features a main entrance, fronting toward the intersection of Lincoln Way and Western Avenue. At the main entrance will be a 3,500 square-foot office area. Directly above that area is another 3,500 square-foot mezzanine office area.
Resolution No. 6057-23 Page 3
The remaining 81,164 square feet of the building will consist of open floor area, intended for a warehouse/distribution type use.
Vehicle traffic can access the site via two (2) new driveways on Western Avenue, or via one (1) new driveways on Lincoln Way. A two-way drive aisle provides the vehicular circulation on-site, wrapping around the east, south, and west sides of the building, connecting the three (3) driveways, the truck docking area, and the parking area on the adjacent property to the west. A reciprocal access agreement is required to be recorded to preserve the vehicular access between the subject parcel, and the property to the west, at 7330 Lincoln Way.
Standard vehicular parking spaces are provided along the west, south, and east sides of the proposed building. According to the PUD- 103-76 (REV. 2018) standards, the site requires forty-three (43) parking spaces. The subject site provides ninety (90) striped parking spaces. This is a surplus of forty-seven (47) spaces.
The subject PUD zone does not specify a minimum landscape area. The proposed site design will provide a total of approximately 15,715 square feet of landscaping on-site (8.9% of the overall site). The landscaping is provided in a variety of areas, including adjacent to the parking areas so as to limit their visual impacts. The on- site landscaping design will consist of a mixture of trees, shrubs, and groundcover.
PUD-103-76 (REV. 2018) requires a minimum eighteen- foot (18’ -0”) landscape planter, excluding any necessary vehicular or pedestrian access points, along all street frontages, as measured from the face of curb. Along Lincoln Way, a twenty- two-and-a-half-foot (22’ -6”) planter is provided. An eighteen -foot (18’ -0”) landscape planter is provided along Western Avenue. Additionally, one (1) tree must be provided for every thirty feet (30’-0”) of interior property boundary. In the parking lot, a minimum of one (1) tree is required for every five (5) parking spaces.
The proposed project complies with all landscaping requirements of the zone.
Characterized by a rectangular footprint, flat roof, and large, vertical metal siding accentuating the corners of the building, the building takes on a contemporary design. The building will be constructed in a tilt-up concrete style. Various scores in the concrete walls and various paint colors add visual intrigue. The main entrance in the corner of the buildings feature vertical windows and storefronts glazed in blue hues. Additional clerestory windows will be added along the east and north elevations, helping illuminate the interior of the building, and helping to add contrast against the concrete walls. The neutral color scheme consists of shades of white, grey, and blue colors, which contributes to the building’s contemporary design. Window and door trim are all constructed of metal, trimmed black and white to add contrast.
Resolution No. 6057-23 Page 4
To accommodate the proposed building, the two properties will be consolidated via a Parcel Map. Reciprocal access will be maintained between the resulting property, and the existing property to the west, at 7330 Lincoln Way. As a result of the parcel map, the consolidated property will ultimately total 4.051 acres. The new property meets the minimum 27,500 s quare-foot lot size required in PUD- 103-76 (REV. 2018). Upon recordation of the approved Parcel Map, the new parcel will comply with the development standards pertaining to the PUD zone, General Plan, the City’s Subdivision Ordinance, and the State’s Subdivision Map Act.
FINDINGS AND REASONS:
Site Plan:
1. The Site Plan complies with the spirit and intent of the provisions, conditions and requirements of Title 9 and is consistent with the General Plan.
The General Plan Land Use Designation of the subject site is Industrial (I) , which is intended to encourage general industrial uses, such as warehousing and distribution or business parks, and more intensive industrial uses, such manufacturing, fabrication, assembly, processing, trucking, warehousing and distribution, and servicing. The PUD-103-76 (REV. 2018) zoning implements the General Plan, and is intended to provide for the safe operation of industrial uses, without pollution, noise, traffic, smell, radiation, and similar types of pollution or nuisance. Goals, policies, and implementation programs of the General Plan with which the proposed Project are consistent with include, but are not limited to, the following:
Goal LU-1: The City of Garden Grove is a well-planned community with sufficient land uses and intensities to meet the needs of anticipated growth and achieve the community’s vision. The existing buildings were constructed in 1985 for office uses. In the years since, the demands for industrial-type buildings have changed. The new building would be used for warehouse and distribution uses. Additionally, the new building will accommodate new industry standards for industrial buildings with more truck bays, higher interior ceilings, and a large, open floor area. By accommodating current market demands, it helps the City to be a more economically viable destination for industrial uses into the foreseeable future.
Policy LU-2.4: Assure that the type and intensity of land use are consistent with those of the immediate neighborhood. The subject site abuts industrial uses in PUD- 103-76 (REV. 2018) zoned properties to the north, west, and south. To the east, across Western Avenue, the subject site is adjacent to industrial-type uses in the City of Stanton. The proposed building will be used as a warehouse and distribution type industrial use. This use is compatible in both intensity and use with the surrounding industrial buildings.
Resolution No. 6057-23 Page 5
Goal LU-4: The City seeks to develop uses that are compatible with one another. The proposed industrial building is located in an area with existing industrial and office uses. Various industrial uses, including manufacturing, distribution, and storage/warehousing facilities are found in the same zone, in the immediate vicinity of the subject site. Additionally, adjacent properties to the east, across Western Avenue, in the City of Stanton, also feature industrial uses. The siting of the proposed industrial use will continue the development patterns of the immediate surroundings.
Policy LU-4.4: Avoid intrusion of non-residential uses incompatible with established residential neighborhoods. The subject property is not directly adjacent to residential uses. The use of the property as a warehousing and/or distribution facility will not intrude on established residential neighborhoods. The design of the proposed building, however, has taken into account any impacts on the vicinity, and has therefore proposed landscaping and other visual screening methods to limit any impacts of the building. Additionally, the proposed Conditions of Approval will help ensure the project does not have undue impacts on the surrounding area.
Policy LU- 4.5: Require that the commercial and industrial developments adjoining residential uses be adequately screened and buffered from residential areas. The subject property is not directly adjacent to residential uses. The design of the proposed building, however, has taken into account any impacts on the vicinity, and has therefore proposed landscaping, and other visual screening methods to limit any impacts of the building.
Goal LU-7: Industrial areas that contribute in terms of jobs and the economic impacts they provide. The proposed building will replace two office buildings with a larger industrial building. The new building will add to the portfolio of industrial buildings on the City’s western industrial area. This can help contribute in terms of jobs and the economic impacts they provide.
Policy LU- 7.3: Monitor the appearance of industrial properties to prevent areas of decline by requiring improved maintenance or rehabilitation, as necessary. The proposed project will redevelop the entirety of the subject site. As a brand new construction, the project would rid the site of potential property maintenance issues involved with the existing buildings.
Furthermore, the Conditions of Approval associated with the project will require the proper maintenance of the development, including, but not limited to, maintenance of landscaping, trash disposal, and graffiti abatement.
Policy CD-1.1: Enhance the positive qualities that give residential, commercial, and industrial areas their unique identities, while also allowing flexibility for innovative design. The new industrial building will be
Resolution No. 6057-23 Page 6
constructed in a contemporary, tilt-up design. The new building, while still compatible with the surrounding area features a unique identity. A variety of colors, materials, and architectural features will help build visual intrigue.
Policy CD-7.1: Encourage future development and redevelopment projects to reinforce district scale, identity, and urban form. Whilst consolidating two properties to one, and constructing a new industrial building, the proposed project maintains consistent development patterns with its surroundings.
The immediate vicinity includes a variety of industrial buildings and uses.
The proposed buildings reinforces the scale, identity, and form of these adjacent buildings.
2. The project will not adversely affect essential on-site facilities such as off-street parking, loading and unloading areas, traffic circulation, and points of vehicular and pedestrian access.
Vehicle traffic can access the site from either Lincoln Way or Western Avenue. A drive aisle provides the vehicular circulation on-site, wrapping around the east, south, and west sides of the building, and connecting the three (3) driveways and the truck docking area. The drive aisle also provides reciprocal access to the property directly to the west, at 7330 Lincoln way.
Standard parking spaces are provided along the east, south, and west sides of the proposed building. The City’s Engineering Division has reviewed the on- and off-site vehicle circulation, and has not raised any concerns with the project design.
A row of nine (9) truck bays will flank the western side of the building. The docking bays connect directly into the open floor area, toward the center of the building. Outside, a fenced- in truck turn-around and parking area is provided adjacent to the loading bays. The entrance to the trucking area will be provided from Lincoln Way, to the north , and also from Western Avenue to the east.
The design of the building will also provide new pedestrian access from Lincoln Way. Pedestrian access from Lincoln Way will pass through a landscaped area before reaching the main entrance of the building. A small plaza area is provided at the main entrance. This pedestrian access also connects to the accessible parking spaces in the parking lot.
Parking requirements from PUD- 103-76 (REV. 2018) for “Warehouse and Distribution Industry” stipulate one (1) parking space is required per 1,000 square feet of gross floor area for the first 20,000 square feet. The second 20,000 square feet is parked at a ratio of one (1) parking space per 2,000 square feet. Any area exceeding 40,000 square feet is parked at a rate of one (1) space per 4,000 square feet. According to the Municipal Code,