Agenda packet, first session — Glendale City Council, January 18, 2022 (part 2 of 2)

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Destroy
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QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

GWP /
Environmental
Sustainability &
Safety
GWP-087
Material Safety Data Sheet (MSDS) / Safety
Data Sheet / SDS / Chemical Use Report Form
(or records of the chemical / substance /
agent, where & when it was used)
Indefinite Mag, Mfr,
OD, Ppr S Yes: After QC
& 30 years
Previous MSDS may be obtained from
a service; MSDS may be destroyed as
long as a record of the chemical /
substance / agent, where & when it
was used is maintained for 30 years;
Applies to qualified employers; 8 CCR
3204(d)(1)(A) et seq, (B)(2 and 3)
GWP /
Environmental
Sustainability &
Safety
GWP-088 Noise Exposure Measurements: Areas /
Facilities
When
Superseded -
Minimum 2
years
Mag, Ppr 8 CCR 5100(d)(1)
GWP /
Environmental
Sustainability &
Safety
GWP-089 NPDES Monitoring Reports
When No
Longer
Required -
Minimum 5
years
Mag, Mfr,
OD, Ppr S / I Yes: After

QC & OD
Monitoring records required for 3
years; 40 CFR §§122.21, 122.41,
122.44
GWP /
Environmental
Sustainability &
Safety
GWP-090 NPDES Permits P Yes: Until
Expiration Mag, Ppr
Department Preference; Covers
various statute of limitations;
Monitoring records required for 3
years; 40 CFR §§122.21, 122.41;
122.44; CCP §337 et seq.

GWP /
Environmental
Sustainability &
Safety
GWP-091 Permit Related Records: NPDES, CDPH,
SWRCB, etc.

Expiration of
Permit + 5
years
Mag, Mfr,
OD, Ppr S / I Yes: After

QC & OD
Department preference for NPDES;
Hazmat discharge records are
required for 3-5 years; 40 CFR
122.41(j)(2); GC 34090
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Options
Image:

I=Import
M=Mfr
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Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

GWP /
Environmental
Sustainability &
Safety
GWP-092
Permits: AQMD, Section 404, Section 401,
Section 1602, pressure vessels, and
generators
Expiration of
Permit + 5
years
Ppr 40 CFR 70.6; GC §34090
GWP /
Environmental
Sustainability &
Safety
GWP-093 Physical Inspections (Plant & Facilities) 2 years Mag, Ppr GC §34090 et seq.

GWP /
Environmental
Sustainability &
Safety
GWP-094 Plans, Reports - Conservation (Energy or
Water), Environmental Sustainability P Mag, Mfr,
OD, Ppr S / I Yes: After QC
& OD Department Preference; GC §34090
GWP /
Environmental
Sustainability &
Safety
GWP-095 Pressure Vessel Certifications or Permits (Air
Compressors, Propane, etc.)
Expiration of
Certificate or
Permit -
Minimum 5
years
Mag, Mfr,
OD, Ppr S Yes: After QC
& 30 years
Department preference; GC §34090
et. seq.

GWP /
Environmental
Sustainability &
Safety
GWP-096
Regulatory Agency Reports / Compliance
Reports: Monthly and Quarterly Reports,
including backup data
When No
Longer
Required -
Minimum 5
years
Mag, Mfr,
OD, Ppr S / I Yes: After

QC & OD
Department Preference; Hazmat
discharge records are required for 3-
5 years; 40 CFR 122.41(j)(2)
GWP /
Environmental
Sustainability &
Safety
GWP-097 Rideshare Program (Administration file)
When No
Longer
Required
Mag, Ppr Department Preference; GC §34090
GWP /
Environmental
Sustainability &
Safety
GWP-098 Safety Committee 5 years Mag, Ppr Department preference; GC §34090 et seq.

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Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

GWP /
Environmental
Sustainability &
Safety
GWP-099 Tailgate Meetings 2 years Mag, Ppr Department Preference; GC §34090 et seq.

GWP /
Environmental
Sustainability &
Safety
GWP-100 Training Database
Indefinite
(minimum 30
years)
Mag, Ppr
Data is interrelated; system qualifies
as a "trusted system"; GC §§34090,
12168.7
GWP /
Environmental
Sustainability &
Safety
GWP-101 Underground Storage Tanks (City Owned) –
UST Closure Letter 15 years Mag, Ppr Department preference; GC §34090 et. seq.

GWP /
Environmental
Sustainability &
Safety
GWP-102
Underground Storage Tanks (City Owned) –
UST Monitoring and Maintenance, Release
Detection Systems, Cathodic Protection
Maintenance Records
7 years Mag, Ppr
Monitoring and Maintenance records
are required on site for 3 years, 6 ½
years for cathodic protection
maintenance, 5 years for calibration &
maintenance of release detection
systems; 23 CCR 2712(b); H&S
§25284.2(i)
GWP /
Environmental
Sustainability &
Safety
GWP-103 Underground Storage Tanks (UST)
Compliance: Permits & Correspondence P Mag, Mfr,
OD, Ppr S / I Yes: After
QC & OD Department Preference; GC §34090
GWP /
Environmental
Sustainability &
Safety
GWP-104
Underground Storage Tanks (UST)
Monitoring and Maintenance, Release
Detection Systems, Cathodic Protection
Maintenance Records
7 years Mag, Ppr
Monitoring and Maintenance records
are required on site for 3 years, 6 ½
years for cathodic protection
maintenance, 5 years for calibration &
maintenance of release detection
systems; 23 CCR 2712(b); H&S
§25284.24(i)
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Retention Vital? Media
Options
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I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

GWP /
Environmental
Sustainability &
Safety
GWP-105 Underground Storage Tanks (USTs) Permits P Mag, Mfr, OD, Ppr S Yes: After

QC & OD
Department Preference (required for
the life of the tank); 23 CCR 2712(b),
H&S §25284.2(i); GC §34090 et. seq.

GWP /
Environmental
Sustainability &
Safety
GWP-106
Vulnerability Assessment (bioterrorism, etc.) /
Emergency Response Plan / Risk & Resiliency
Assessment / Hazard Mitigation Plan
Superseded
+ 5 years Mag, Ppr Confidential;
42 USC 300i-2 (d); GC §34090

GWP/ POWER MANAGEMENT
GWP / Power
Management
Services
GWP-107 _Power Trading Database
Indefinite -
Minimum 5
years
Mag Data is interrelated; 18 CFR 125.3;
GC §34090
GWP / Power
Management
Services
GWP-108
California Energy Commission (CEC) Licenses
and Regulatory Correspondence that is Tied to
an Asset
P Mag, Mfr,
OD, Ppr S / I Yes: After QC
& OD Department Preference; GC §34090
GWP / Power
Management
Services
GWP-109 California Energy Commission (CEC) Reports 7 years Mag, Ppr Department Preference; 18 CFR 125.3; GC §34090
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Record (OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

GWP / Power
Management
Services
GWP-110
CIP Project Files - Electric / Capital
Improvement Project Files (CIP) -Power
Production Engineering: Permanent File
Plans, Record Drawings / "As Builts",
Specifications, Bids/RFPs, Successful
Proposal, Change Orders, Inspections,
Materials Testing Reports, Grading Permits,
Hazardous Materials Reports, Notice of
Completion, O&M Manuals, Photos, Soils
Reports, Studies, Submittals, Surveys, etc.

Electric Cable Installations, Feeders, Power
Plants, Pump Stations, Substations, Vaults,
Poles, Street Lighting, etc.

P Mag, Mfr,
OD, Ppr S / I Yes: After QC
& OD
Department preference; retained for
disaster preparedness purposes;
Statewide guidelines propose
Permanent for Infrastructure plans; 18
CFR 125.3; GC §34090
GWP / Power
Management
Services
GWP-111
CIP Project Files - Power Production
Engineering / Capital Improvement Project
Files (CIP) - Electric Services:

Administration File
Project Administration, Certified Payrolls, Daily
Inspection Diary, Project Schedules, Meeting
Minutes, Progress meetings, Real Estate
Appraisals, etc.

Electric Cable Installations, Feeders, Power
Plants, Pump Stations, Substations, Vaults,
Poles, Street Lighting, etc.

Completion +
10 years or
After Funding
Agency
Audit, if
required,
whichever is
longer
Mag, Ppr
Some grant funding agencies require
audits; Statute of Limitations for Errors
& Omissions is 10 years; Published
Audit Standards=4-7 years; Statute of
Limitations: Contracts & Spec's=4
years, Wrongful Death=comp. + 5
years, Developers=comp. + 10 years;
Statewide guidelines propose
termination + 5 years; CCP §§336(a),
337 et. seq., 18 CFR 125.3; GC
§34090
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
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Ver. 4.0 RECORDS RETENTION SCHEDULE: GLENDALE WATER & POWER Page GWP-21 Office of
Record (OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

GWP / Power
Management
Services
GWP-112
Concurrence Letters Supporting Concurrence
Letter, Communications Frequency
Coordination Files - that are a Condition of
City’s FCC License
P Yes Mag, Mfr,
OD, Ppr S / I Yes: After QC
& OD
Department Preference; Needs to be
permanent as these are supporting
files that support our concurrence
letters that are a condition of our FCC
Licenses; GC §34090
GWP / Power
Management
Services
GWP-113
Confirmations of Power Selling / Trading,
Energy Products: RA, RECs (Renewable
Energy Certificates), Carbon Free
10 years Mag, Mfr,
OD, Ppr S / I Yes: After QC
& OD
Department Preference (required for 4
years after Expiration of Contract); 18
CFR 125.3; GC §34090
GWP / Power
Management
Services
GWP-114
Department of Energy (DOE) Licenses and
Regulatory Correspondence that is Tied to an
Asset
P Mag, Mfr,
OD, Ppr S / I Yes: After QC
& OD Department Preference; GC §34090
GWP / Power
Management
Services
GWP-115 Department of Energy (DOE) Reports 7 years Mag, Ppr Department Preference; 18 CFR 125.3; GC §34090
GWP / Power
Management
Services
GWP-116
Drawings, Maps, Plans and Record Drawings,
Large-Format Drawings, Survey Record Maps,
Capital Improvement Project "As-Built"
- Where GWP / Power Production
Engineering is the Lead
P Yes (all) Mag, Mfr,
OD, Ppr S/I Yes: After

QC & OD
Drafts should be destroyed; GC
§34090
GWP / Power
Management
Services
GWP-117 Emergency Action Plan / Emergency
Management Plan Superseded Mag, Ppr Department Preference; CCP §337 et.

Seq., GC §34090
GWP / Power
Management
Services
GWP-118
Environmental / Electrical Equipment Disposal -
Hazardous Material / Hazardous Waste
Manifests
P Mag, Mfr,
OD, Ppr S Yes: After
QC
Department preference; 22 CCR §
66262.40; GC §34090 et seq.

GWP / Power
Management
Services
GWP-119 Estimates - Preliminary, In Process,
Completed 10 years Mag, Mfr,
OD, Ppr S / I Yes: After QC
& OD Department Preference; GC §34090
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
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Ver. 4.0 RECORDS RETENTION SCHEDULE: GLENDALE WATER & POWER Page GWP-22 Office of
Record (OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

GWP / Power
Management
Services
GWP-120
FERC (Federal Energy Regulatory
Commission) Audits, Compliance Reports,
Correspondence, Inspections, Reports
P Mag, Ppr Department Preference (5 years is
required); GC §34090; 18 CFR 125.3
GWP / Power
Management
Services
GWP-121
FERC (Federal Energy Regulatory
Commission) Inspections that are Tied to an
Asset
P Mag, Mfr,
OD, Ppr S / I Yes: After QC
& OD Department Preference; GC §34090
GWP / Power
Management
Services
GWP-122
FERC (Federal Energy Regulatory
Commission) Licenses and Regulatory
Correspondence that is Tied to an Asset
P Mag, Mfr,
OD, Ppr S / I Yes: After QC
& OD Department Preference; GC §34090
GWP / Power
Management
Services
GWP-123 Integrated Resource Plan P Yes Mag, Mfr,
OD, Ppr S / I Yes: After QC
& OD Department Preference; GC §34090
GWP / Power
Management
Services
GWP-124 Licenses - FCC, FERC P Yes Mag, Mfr,
OD, Ppr S / I Yes: After QC
& OD Department Preference; GC §34090
GWP / Power
Management
Services
GWP-125 Load Records: Load Curves, Generating
Loads 3 years Mag, Ppr 18 CFR 125.3. GC §34090;
GWP / Power
Management
Services
GWP-126 Logs / Diaries / Daily Logs 3 years Mag, Ppr 18 CFR 125.3. GC §34090; GWP / Power
Management
Services
GWP-127 Manifest (EPA Standard) 3 years Mag, Ppr Department preference; GC §34090 GWP / Power
Management
Services
GWP-128 Marketing / Outreach - Energy Marketing Minimum 5 years Mag, Ppr Department preference; GC §34090
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
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Record (OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

GWP / Power
Management
Services
GWP-129
NERC (North American Electric Reliability
Corporation) & WECC (Western Electricity
Coordinating Council) Compliance Reports,
Correspondence, Inspections, Reports
P Mag, Ppr Department Preference (5 years is
required); GC §34090; 18 CFR 125.3
GWP / Power
Management
Services
GWP-130 NERC (North American Energy Corporation)
Audits 10 years Mag, Ppr Department Preference; GC §34090 GWP / Power
Management
Services
GWP-131 Power Generation Reports
Life of the
Facility + 6
years
Mag, Ppr GC §34090
GWP / Power
Management
Services
GWP-132 Power Generation: Station and System
Generation Reports 25 years Mag, Ppr 18 CFR 125.3; GC §34090 GWP / Power
Management
Services
GWP-133 Power Operations Reports / Outage Reports 10 years Mag, Ppr Department Preference; GC §34090 GWP / Power
Management
Services
GWP-134 Power Outage Report Database Indefinite Mag, Ppr Data is interrelated; GC §34090 GWP / Power
Management
Services
GWP-135 Power Outage Reports 2 years Mag, Ppr Department preference; The database is the original; GC §34090 et seq.

GWP / Power
Management
Services
GWP-136 Power Production Operating Data Logs 10 years Mag, Ppr Department Preference; GC §34090 GWP / Power
Management
Services
GWP-137
Power Trading / Power Scheduling / Market
Participation
(Check Out Worksheets)
Completion +
10 years Mag, Ppr Department Preference auditing
standards are 5 years,; ; GC §34090
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
259 of 455
Ver. 4.0 RECORDS RETENTION SCHEDULE: GLENDALE WATER & POWER Page GWP-24 Office of
Record (OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

GWP / Power
Management
Services
GWP-138 Power Trading / Power Scheduling
(Confirmations, Invoices) 10 years Mag, Ppr Department Preference (audited every 6 years); GC §34090
GWP / Power
Management
Services
GWP-139 Power Trading / Power Scheduling
(Generation Worksheets) 10 years Mag, Ppr Department Preference (audited every 6 years); GC §34090
GWP / Power
Management
Services
GWP-140 Power Trading / Power Scheduling
(Pathing Sheets) 10 years Mag, Ppr Department Preference (audited every 6 years); GC §34090
GWP / Power
Management
Services
GWP-141 Power Trading / Power Scheduling
(Voice Recordings) 10 years Mag, Ppr Department Preference (audited every 6 years); GC §34090
GWP / Power
Management
Services
GWP-142 Powerhouse Logs / Daily Logs / Clearance
Logs
Life of the
Facility + 6
years
Mag, Ppr Department Preference; GC §34090
GWP / Power
Management
Services
GWP-143 Regulatory Filings
(FERC, CEC, NERC, etc.) 7 years Mag, Ppr Department Preference; 18 CFR 125.3; GC §34090
GWP / Power
Management
Services
GWP-144 Sampling / Circular & Strip Charts 10 years Mag, Ppr Department Preference; GC §34090 GWP / Power
Management
Services
GWP-145 SCADA Database (Power) (Supervisory
Control and Data Acquisition) - ECC Indefinite Yes Mag
Data is interrelated; system qualifies
as a "trusted system"; GC §§34090,
12168.7
GWP / Power
Management
Services
GWP-146 SCADA Log Books P Mag, Mfr,
OD, Ppr S / I Yes: After QC
& OD Department Preference; GC §34090
GWP / Power
Management
Services
GWP-147 Station Generation / Clearance Logs: Hydro-
Electric 25 years Mag, Ppr GC §34090, 18 CFR 125.3
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
260 of 455
Ver. 4.0 RECORDS RETENTION SCHEDULE: GLENDALE WATER & POWER Page GWP-25 Office of
Record (OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

GWP / Power
Management
Services
GWP-148 Switching Order Logs 10 years Mag, Ppr Department preference; GC §34090 GWP / Power
Management
Services
GWP-149 Switching Order Logs / System Logs 10 years Mag, Ppr Department preference; GC §34090 GWP / Power
Management
Services
GWP-150 Utility Standards Superseded
+ 2 years Mag, Ppr Department Preference; GC §34090
GWP / Power
Management
Services
GWP-151 Video Recordings / CCTV Recordings (Power
Facilities)
When No
Longer
Required
Mag, Ppr Department preference; GC §34090
GWP / Power
Management
Services
GWP-152 WECC (Western Electricity Coordination
Council) Audits 10 years Mag, Ppr Department Preference; GC §34090 GWP / Division
Providing
Service / Work
GWP-153
Work Orders / Service Requests / Job Orders -
Cityworks CMMS DATABASE (Computerized
Maintenance Management System)
Indefinite Mag Data is interrelated; GC §34090
GWP / Division
Providing
Service / Work
GWP-154 Work Orders / Service Requests / Job Orders -
All Information Entered in CMMS Database
When No
Longer
Required
Mag Ppr Preliminary drafts (the database is the
original); GC §34090
GWP / Division
Providing
Service / Work
GWP-155
Work Orders / Service Requests / Job Orders -
Partial Information Entered in CMMS
Database
Completion +
5 years Mag Ppr 18 CFR 125.3; CCP §§338 et seq.,
340 et seq., 342, GC §34090

WATER SERVICES / WATER ENGINEERING
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
261 of 455
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Record (OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

GWP / Water
Services /
Water
Engineering
GWP-156
CIP Project Files - Electric / Capital
Improvement Project Files (CIP) - Water
Services Engineering:: Permanent File
Plans, Record Drawings / "As Builts",
Specifications, Bids/RFPs, Successful
Proposal, Change Orders, Inspections,
Materials Testing Reports, Grading Permits,
Hazardous Materials Reports, Notice of
Completion, O&M Manuals, Photos, Soils
Reports, Studies, Submittals, Surveys, etc.

Electric Cable Installations, Feeders, Power
Plants, Pump Stations, Substations, Vaults,
Poles, Street Lighting, etc.

P Mag, Mfr,
OD, Ppr S / I Yes: After QC
& OD
Department preference; retained for
disaster preparedness purposes;
Statewide guidelines propose
Permanent for Infrastructure plans;
GC §34090
GWP / Water
Services /
Water
Engineering
GWP-157
CIP Project Files - Water Services
Engineering / Capital Improvement Project
Files (CIP) - Water Services Engineering:

Administration File
Project Administration, Certified Payrolls,
Construction Management Logs, Daily
Inspection Diary, Project Schedules, Progress
meetings, Real Estate Appraisals, etc.

Electric Cable Installations, Feeders, Power
Plants, Pump Stations, Substations, Vaults,
Poles, Street Lighting, etc.

Completion +
10 years or
After Funding
Agency
Audit, if
required,
whichever is
longer
Mag, Ppr
Some grant funding agencies require
audits; Statute of Limitations for Errors
& Omissions is 10 years; Published
Audit Standards=4-7 years; Statute of
Limitations: Contracts & Spec's=4
years, Wrongful Death=comp. + 5
years, Developers=comp. + 10 years;
Statewide guidelines propose
termination + 5 years; CCP §§336(a),
337 et. seq., GC §34090
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262 of 455
Ver. 4.0 RECORDS RETENTION SCHEDULE: GLENDALE WATER & POWER Page GWP-27 Office of
Record (OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

GWP / Water
Services /
Water
Engineering
GWP-158
Drawings, Maps, Plans and Record Drawings,
Large-Format Drawings, Survey Record Maps,
Capital Improvement Project "As-Built"
- Where GWP / Water Services Engineering
is the Lead
P Yes (all) Mag, Mfr,
OD, Ppr S/I Yes: After

QC & OD
Drafts should be destroyed; GC
§34090
GWP / Water
Services /
Water
Engineering
GWP-159 Easements, Covenants - Electricity P Mag, Ppr GC §34090 GWP / Water
Services /
Water
Engineering
GWP-160 Plans, Studies, Reports - Water Engineering
(Finals) P Mag, Ppr Department Preference; GC §34090

WATER SERVICES / WATER DISTRIBUTION
GWP / Water
Services /
Water
Distribution
GWP-161 Environmental Agencies / Regulatory Agencies
(EPA, DHS, etc.) 5 years Mag, Ppr Department Preference; GC §34090 GWP / Water
Services /
Water
Distribution
GWP-162 Fire Hydrant Flow Tests (Development or
Maintenance) - Database Indefinite Mag, Ppr Department Preference (data is interrelated); GC §34090
GWP / Water
Services /
Water
Distribution
GWP-163 Fire Hydrant Flow Tests (Development or
Maintenance) - Paper 2 years Mag, Ppr Department Preference (valves are exercised every year); GC §34090
GWP / Water
Services /
Water
Distribution
GWP-164 Inspections for Underground Vaults
Next
Inspection +
2 years
Mag, Ppr
Department Preference (inspections
are conducted every year); GC
§34090
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
263 of 455
Ver. 4.0 RECORDS RETENTION SCHEDULE: GLENDALE WATER & POWER Page GWP-28 Office of
Record (OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

GWP / Water
Services /
Water
Distribution
GWP-165 Log Book (Pump Houses) 7 years Mag Ppr Department Preference; GC §34090 GWP / Water
Services /
Water
Distribution
GWP-166 NPDES Monitoring Reports (Water
Operations)
Expiration +
3 years Mag, Ppr
Monitoring records required for 3
years in Federal law; 40 CFR
§§122.21, 122.41
GWP / Water
Services /
Water
Distribution
GWP-167 NPDES Permits - Water Distribution Expiration + 3 years
Yes: Until
Expiration Mag, Ppr
Department Preference; Monitoring
records required for 3 years; 40 CFR
§§122.21, 122.41; CCP §337 et seq.

GWP / Water
Services /
Water
Distribution
GWP-168 Operating Permit P Mag, Mfr,
OD, Ppr S / I No Department preference; GC §34090
GWP / Water
Services /
Water
Distribution
GWP-169 Operations & Maintenance Manuals / O & M
Manuals
Disposal of
Equipment Mag, Ppr Department preference; GC §34090
GWP / Water
Services /
Water
Distribution
GWP-170 SCADA Database (Water) (Supervisory
Control and Data Acquisition) Indefinite Yes Mag
Data is interrelated; system qualifies
as a "trusted system"; GC §§34090,
12168.7
GWP / Water
Services /
Water
Distribution
GWP-171 Service Orders - Meter Location Maps P Yes Mag, Mfr, OD, Ppr S Yes: After
QC & OD Department Preference; GC §34090
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
264 of 455
Ver. 4.0 RECORDS RETENTION SCHEDULE: GLENDALE WATER & POWER Page GWP-29 Office of
Record (OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

GWP / Water
Services /
Water
Distribution
GWP-172 Source Water Analysis / Reports & Sampling:

Bacteriological and Organics 5 years Mag, Ppr 40 CFR 141.33(a) GWP / Water
Services /
Water
Distribution
GWP-173 Source Water Analysis / Reports & Sampling:

Chemical (Includes Chlorine Residuals) 12 years Mag, Mfr, OD, Ppr S / I Yes: After QC
& OD
State law requires 12 years, Federal
10 years; 40 CFR 141.33(a); 22 CCR
§64470
GWP / Water
Services /
Water
Distribution
GWP-174 Source Water Analysis / Reports & Sampling:

Lead & Copper 12 years Mag, Mfr,
OD, Ppr S / I Yes: After QC
& OD
Required for 12 years or 2 compliance
cycles; 40 CFR 141.91
GWP / Water
Services /
Water
Distribution
GWP-175 Superfund Project / Burbank Operable Project
(Water Quality, etc.) P Mag, Mfr,
OD, Ppr S / I Yes: After QC
& OD Department preference; GC §34090
GWP / Water
Services /
Water
Distribution
GWP-176 Underground Service Alerts (USA's) / Dig
Alerts - Water 3 5 years Ppr
Department Preference; Required for
3 years; GC §§4216.2(f) & 4216.3(d),
GC §34090
GWP / Water
Services /
Water
Distribution
GWP-177 Urban Water Management Plans (UWMP) P Yes Mag, Mfr, OD, Ppr S Yes: After

QC & OD
Department Preference (copies) GC
§34090.7
GWP / Water
Services /
Water
Distribution
GWP-178 Videos - Water Wells, Repairs, Reservoirs,
Tanks, etc.

Life of the
Asset Mag Department preference; GC §34090
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
265 of 455
Ver. 4.0 RECORDS RETENTION SCHEDULE: GLENDALE WATER & POWER Page GWP-30 Office of
Record (OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

GWP / Water
Services /
Water
Distribution
GWP-179
Vulnerability Assessment / Emergency
Response Plan / Risk & Resiliency
Assessment / Hazard Mitigation Plan
Superseded
+ 2 years Mag, Ppr Confidential; 42 USC 300i-2(d); GC
§34090 et seq.

GWP / Water
Services /
Water
Distribution
GWP-180 Water Production Reads / Reports (to State

DHS & DWR)
From
Reporting + 5
years
Mag, Ppr
Department Preference; Exceeds
California Department of Health
requirements (3 years); GC §34090
GWP / Water
Services /
Water
Distribution
GWP-181 Water Quality Reports / Consumer Confidence
Reports 12 years Mag, Mfr,
OD, Ppr S / I Yes: After QC
& OD
Department preference; State law
requires 12 years, federal 10 years;
40 CFR 141.33(a); 22 CCR §64470;
22 CCR §64483
GWP / Water
Services /
Water
Distribution
GWP-182 Water Survey Books P Mag, Ppr
Department preference; This is Best
Practice to keep records and in line
with industry standards, could affect
real property; GC §34090
GWP / Water
Services /
Water
Distribution
GWP-183 Well Records (includes Destroyed or
Abandoned Wells) P Mag, Mfr,
OD, Ppr S Yes: After
QC Department preference; GC §34090
Division
Providing
Service / Work
GWP-184
Work Orders / Service Requests / Job Orders -
Cityworks CMMS DATABASE (Computerized
Maintenance Management System)
Indefinite Mag Data is interrelated; GC §34090
Division
Providing
Service / Work
GWP-185 Work Orders / Service Requests / Job Orders -
All Information Entered in CMMS Database
When No
Longer
Required
Mag Ppr Preliminary drafts (the database is the
original); GC §34090
Division
Providing
Service / Work
GWP-186
Work Orders / Service Requests / Job Orders -
Partial Information Entered in CMMS
Database
Completion +
5 years Mag Ppr City Preference; CCP §§338 et seq.,
340 et seq., 342, GC §34090
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
266 of 455
Ver. 4.0 RECORDS RETENTION SCHEDULE: GLENDALE WATER & POWER Page GWP-31 Office of
Record (OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

WATER SERVICES / WATER OPERATIONS (WATER TREATMENT PLANTS) Lead Dept. GWP-187 AQMD Permits - Water Operations 5 years Mag, Ppr 40 CFR 70.6; GC §620201 Lead Dept. GWP-188 Confined Space Entries / Hot Work Permits 2 years Mag, Ppr 8 CCR 5157(d)(14) & (e)(6); 29 CFR 1910.146(e)(6); GC §34090
GWP / Water
Services /
Water Ops
GWP-189 Equipment Repair Orders (Pumps, Pump
Stations, Well Logs, etc.)
Life of
Equipment Mag, Ppr Department Preference; GC §34090
GWP / Water
Services /
Water Ops
GWP-190 Fire Hydrant Flush / Valve Maintenance / Main
Repairs Indefinite Mag, Ppr Stored on TabWare or AS 400 (data is interrelated); GC §34090
Lead Dept. GWP-191 Generator Operation Logs / Run Time Logs:

Mobile / Portable 5 years Mag, Ppr AQMD Rule 1470; Form 400–E–13a instructions, GC §34090
GWP / Water
Services /
Water Ops
GWP-192 Inspection Schedule and Logs 3 years Mag, Ppr WC §13263.2(b) et seq.; GC §34090 GWP / Water
Services /
Water Ops
GWP-193 Manuals: Operations & Maintenance / Project
Manuals
When No
Longer
Required
Yes: Until
Supersede
d
Mag, Mfr,
OD, Ppr S/I Yes: After
QC & OD Copies; GC §34090.7
GWP / Water
Services /
Water Ops
GWP-194 Preventative Maintenance System (for cross-
connection locations and backflow tests) Indefinite Mag Data is interrelated; system qualifies
as a "trusted system"; GC §§34090,
12168.7
GWP / Water
Services /
Water Ops
GWP-195
Reservoir, Dam Maintenance (includes Dam
Safety reports, corrosion reports, surveillance
reports, etc.)
P Mag, Mfr,
OD, Ppr S / I Yes: After
QC & OD Infrastructure; GC §34090
GWP / Water
Services /
Water Ops
GWP-196 SCADA Alarm & Status Printouts / Charts
When No
Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After

QC & OD
Database is original, printouts are
drafts / copies. Data is interrelated;
system qualifies as a "trusted
system"; GC §§34090.7, 12168.7
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
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Ver. 4.0 RECORDS RETENTION SCHEDULE: GLENDALE WATER & POWER Page GWP-32 Office of
Record (OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

GWP / Water
Services /
Water Ops
GWP-197 SCADA: Supervisory Control and Data
Acquisition Database Indefinite Mag, Mfr,
OD, Ppr S / I Yes: After

QC & OD
Data is interrelated; system qualifies
as a "trusted system"; GC §§34090,
12168.7
GWP / Water
Services /
Water Ops
GWP-198 Self-contained Breathing Apparatus (SCBA) -
Frames, Tanks, etc.

Expiration of
Certificate Mag, Ppr Certificates are issued for 3-5 years; GC §34090 et. seq.

GWP / Water
Services /
Water Ops
GWP-199 Self-contained Breathing Apparatus (SCBA) -
Monthly Inspections 2 years Mag, Ppr District Preference; GC §34090 et. seq.

GWP / Water
Services /
Water Ops
GWP-200 Underground Service Alerts (USA) / Dig
Alerts: Utility Cuts, etc. for Repairs 3 years Mag, Ppr Department Preference (the Regional
Notification Center has the obligation
to retain the notice for 3 years); GC
§§4216.2(d) & 4216.3(d), 34090
GWP / Water
Services /
Water Ops
GWP-201 Wells, Well Data, Depth to Water
measurements, Sounding, Compiled reports
When No
Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After
QC & OD Department Preference; GC §34090

WATER SERVICES / WATER QUALITY
GWP / Water
Services /
Water Quality
GWP-202 _LIMS (Laboratory Information Management
System) Indefinite Mag Data is interrelated; GC §34090
GWP / Water
Services /
Water Quality
GWP-203 _LIMS Receipts (list of daily samples - ELAP -
audit trail) 5 years Mag, Mfr,
OD, Ppr S / I Yes: After

QC & OD
Lab Reports may be destroyed if data
is transferred to a "tabular summary"
meeting legal requirements; 40 CFR
141.33(a); 40 CFR 141.91; 22 CCR
66470 et seq.; 22 CCR 64470
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
268 of 455
Ver. 4.0 RECORDS RETENTION SCHEDULE: GLENDALE WATER & POWER Page GWP-33 Office of
Record (OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

GWP / Water
Services /
Water Quality
GWP-204
Chains of Custody / Lab Reports / Water
Quality Reports: Bacteriological and
Organics
5 years Mag, Ppr
Department Preference; Actual
laboratory reports may be kept, or
data may be transferred to tabular
summaries; State law requires 5
years; 40 CFR 141.33(a) and (b)(1);
22 CCR §64470
GWP / Water
Services /
Water Quality
GWP-205
Chains of Custody / Lab Reports / Water
Quality Reports: Chemical (Includes Chlorine
Residuals)
12 years Mag, Mfr,
OD, Ppr S / I Yes: After QC
& OD
State law requires 12 years, Federal
10 years; 40 CFR 141.33(a); 22 CCR
§64470
GWP / Water
Services /
Water Quality
GWP-206 Chains of Custody / Lab Reports / Water
Quality Reports: Lead & Copper
12 years, , or
2 Compliance
Cycles,
Whichever is
Longer
Mag, Mfr,
OD, Ppr S / I Yes: After QC
& OD
Lead and Copper are required for 12
years or 2 compliance cycles (some
compliance cycles are nine years); 22
CCR 64400.25; 22 CCR §64470, 40
CFR 141.33(a); 40 CFR 141.91
GWP / Water
Services /
Water Quality
GWP-207
Cross-Connection Backflow Device
Inspections and Maintenance (Potable Water,
Recycled Water
5 years Mag, Mfr,
OD, Ppr S Yes: After

QC & OD
Meets California Department of Health
requirements; GC §34090; 17 CCR
7605
GWP / Water
Services /
Water Quality
GWP-208
Customer Concerns / Customer Complaints:

Odor / Taste / Visual Complaints about Potable
Water
5 years Mag, Ppr
5 years is required in State and
Federal law for any complaints; 40
CFR 122.41(j)(2) & 40 CFR 141.33(b);
22 CCR 64470(a)
GWP / Water
Services /
Water Quality
GWP-209 Laboratory Certification / Calibration Records 5 years Mag, Mfr, OD, Ppr S / I Yes: After

QC & OD
Consistent with Laboratory Analysis /
Bench Sheets; 40 CFR 141.33(a); 40
CFR 141.91; 22 CCR 66470 et seq.,
22 CCR 64470
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
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Ver. 4.0 RECORDS RETENTION SCHEDULE: GLENDALE WATER & POWER Page GWP-34 Office of
Record (OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

GWP / Water
Services /
Water Quality
GWP-210 Lead & Copper: Customer Certification
Letters, Worksheets, Reports & Sampling
When No
Longer
Required -
Minimum 18
years
Mag, Mfr,
OD, Ppr S / I Yes: After

QC & OD
Lead and Copper are required for 12
years or 2 compliance cycles (some
compliance cycles are nine years); 22
CCR 64400.25; 22 CCR §64470, 40
CFR 141.33(a) and (b)(1); ; 40 CFR
141.91
GWP / Water
Services /
Water Quality
GWP-211 Recycled Water: Residual Solids and Self-
Monitoring Reports, Biosolid Reports 5 years Mag, Mfr,
OD, Ppr S / I Yes: After

QC & OD
Sewage sludge and disposal records
are required for 5 years; 40 CFR
122.41(j)(2)
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:
270 of 455
Ver. 3.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-1 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

HUMAN RESOURCES
Human
Resources HR-001
1095-C, 1094-C (Employer-Provided Health
Insurance Offer and Coverage & Transmittal
Form)
5 years Mag, Ppr
Department Preference; Instructions state
"Generally, keep copies of information
returns you filed with the IRS or have the
ability to reconstruct the data for at least 3
years, from the due date of the returns";
GC §34090
Human
Resources HR-002 Administrative Policy Manual (APMs) / City Wide Policies
Superseded +
3 years Mag, Ppr
Department preference; EEOC / FLSA /
ADEA (Age) requires 1-3 years; State Law
requires 2 - 3 years; 29 CFR 1627.3(b)(1),
29 CFR 1602.14 et seq.2 CCR 11013(c);
GC §§12946, 34090
Human
Resources HR-003 Benefit Plan Documents (Optical, Dental, etc.)
Duration of the
Contract + 6
years
Yes: For
Duration of
Contract
Mag, Ppr
EEOC / ADEA (Age) requires 1 year after
benefit plan termination; Federal law
requires 6 years after filing date for
retirement; State Law requires 2 years
after action; 29 CFR 1627.3(b)(2); 29 USC
1027; 11 CCR 560; 28 CCR 1300.85.1;
GC §34090
Human
Resources HR-004 Civil Service Board

AGENDAS, AGENDA PACKETS
When No
Longer
Required -
Minimum 2
years
Mag, Mfr,
OD, Ppr S / I Yes: After
QC &OD Department Preference; GC §34090
Human
Resources HR-005 Civil Service Board

HEARING FINAL DETERMINATION
Separation + 6
years Mag, Mfr,
OD, Ppr S / I Yes: After
QC &OD (Placed in Personnel File); GC §34090
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
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Ver. 3.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-2 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Human
Resources HR-006 Civil Service Board

HEARINGS
When No
Longer
Required -
Minimum 3
years
Mag, Mfr,
OD, Ppr S / I Yes: After
QC &OD Department Preference; GC §34090
Human
Resources HR-007 Civil Service Board
MINUTES, BYLAWS P Yes Mag, Mfr,
OD, Ppr S Yes: After
QC &OD GC §34090
Human
Resources HR-008
Classification / Reorganization Studies (for
employee classifications and department
structures)
Minimum 3
years Mag, Ppr
Department preference; Bureau of
National Affairs recommends 2 years for
all supplementary Personnel records;
Wage rate tables are 1 or 2 years; State
requires 2 years; 29 CFR 516.6, 29 CFR
1602.14, GC §§12946, 34090
Human
Resources HR-009 Compensation Surveys & Studies Minimum 3 years Mag, Ppr
Department preference; Bureau of
National Affairs recommends 2 years for
all supplementary Personnel records;
Wage rate tables are 1 or 2 years; State
requires 2 years; 29 CFR 516.6(2), 29
CFR 1602.14, GC §§12946, 34090
Human
Resources HR-010 Contracts for Investigators Completion + 5 years
Yes: Before
Completion Mag, Ppr
Department preference; Statute of
Limitations for contractual obligations is 4
years; CCP §§337. 337.1(a), 337.15, 343;
GC §34090
Human
Resources HR-011 COVID-19 Notifications to Employees 3 years Mag Ppr LC §6409.6(k), GC §34090 GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
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Ver. 3.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-3 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Human
Resources HR-012
Department of Fair Employment & Housing
(DFEH or EEOC) Claims / Harassment
Claims
Minimum Final
Disposition + 5
years
Mag, Ppr
Department preference; All State and
Federal laws require retention until final
disposition of formal complaint; State
requires 2 years after "fully and finally
disposed"; 2 CCR 11013(c); GC §§12946,
34090
Human
Resources HR-013 Drug & Alcohol Test Results (All - Positives and Negatives) 5 years Mag Ppr
Department preference; D.O.T. Requires 5
years for positive tests, 1 year for negative
tests; EEOC/FLSA/ADEA (Age) requires 3
years physical examinations; State Law
requires 2 years; 29 CFR 1627.3(b)(1)(v),
GC §§12946, 34090; 49 CFR 655.71 et
seq.; 49 CFR 382.401 et seq. 49 CFR
653.71
Human
Resources HR-014 Employee Investigations
Minimum
Separation + 3
years
Mag, Mfr,
OD, Ppr S Yes: After

QC & OD
Department Preference; statute of
limitations for EEOC/FLSA/ADEA (Age)
requires 3 years for promotion, demotion,
transfer, selection, or discharge; State Law
requires 2 -3 years; 29 CFR 1602.31 &
1627.3(b)(1), GC §§12946, 34090;
Human
Resources HR-015
Employment Verification Waivers
(Authorization by an employee to release
employment information to others)
2 years Mag, Ppr GC §34090
Human
Resources HR-016
Equal Opportunity Employment - EEOC
Reports (EEO-4 Reports) / EDD Reports
(Employment Development Department
Claims)
3 years Mag, Ppr 29 CFR 1602.30; 29 CFR 1602.31, 29
CFR 1602.32; GC §34090 et seq.

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Ver. 3.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-4 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Human
Resources HR-017 Grievances Separation + 6
years
Mag, Mfr,
OD, Ppr S Yes: After

QC & OD
Department Preference; statute of
limitations for retirement benefits is 6
years from last action; EEOC/FLSA/ADEA
(Age) requires 3 years for promotion,
demotion, transfer, selection, or discharge;
State Law requires 2 -3 years; 29 CFR
1602.31 & 1627.3(b)(1), GC §§ 3105,
12946, 34090; LC 1198.5; 26 CFR 31-
6001-1; 53235.2(b); 53237.2(b)
Human
Resources HR-018 Harassment Prevention Training Certificates 5 years Mag, Mfr, OD, Ppr S Yes: After
QC'd & OD GC §§34090, 53237.2(b)
Human
Resources HR-019 I-9s Separation + 6
years
Mag, Mfr,
OD, Ppr S Yes: After

QC & OD
Required for 1 year from termination or 3
years from hiring, whichever is later;
EEOC / FLSA / ADEA (Age) requires 3
years for "any other forms of employment
inquiry"; State Law requires 2 -3 years; 8
CFR 274a.2; 29 CFR 1627.3(b)(1); GC
§§12946, 34090
Human
Resources HR-020 Job Descriptions / Classification
Specifications
Minimum
Superseded +
3 years
Mag, Mfr,
OD, Ppr S / I Yes: After 1
year
Department preference;
EEOC/FLSA/ADEA (Age) requires 3 years
for promotion, demotion, transfer,
selection, or discharge; State Law requires
2 -3 years; retirement benefits is 6 years
from last action; 29 CFR 1602.31 &
1627.3(b)(1), 8 CCR §3204(d)(1) et seq.,
GC §§12946, 34090
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Ver. 3.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-5 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Human
Resources HR-021 Labor Relations / Negotiations 10 years Mag, Mfr, OD, Ppr S / I Yes: After
QC & OD Department preference; GC §34090
Human
Resources HR-022
Personnel Files - Employee File / Benefit
File (Main File)
Includes Application, Benefit Enrollments,
Evaluations, Oaths of Office, Oath for
Disaster Worker, Policy Acknowledgements,
Personnel Action Forms, Final Determination
of Civil Service Hearings, etc.

Livescan result clearances are entered in
Munis
Separation + 6
years
Mag, Mfr,
OD, Ppr S Yes: After

QC & OD
Department Preference; statute of
limitations for retirement benefits is 6
years from last action; EEOC/FLSA/ADEA
(Age) requires 3 years for promotion,
demotion, transfer, selection, or discharge;
State Law requires 2 -3 years; 29 CFR
1602.31 & 1627.3(b)(1), GC §§ 3105,
12946, 34090; LC 1198.5; 26 CFR 31-
6001-1; 53235.2(b); 53237.2(b)
Human
Resources HR-023
Personnel Files - Medical File (all
employees)
Pre-employment Medical Clearances, ADA
Accommodations, Fit for Duty, Respirator Fit
Tests, etc.

Separation +
30 years or
Termination of
Benefits + 5
years
(whichever is
longer)
Yes: Until
Separation
Mag, Mfr,
OD, Ppr S Yes: After

QC & OD
Department preference; Files maintained
separately; Claims can be made for 30
years for toxic substance exposure; 8 CCR
§3204(d)(1) et seq., 8 CCR 5144, 8 CCR
15400.2; 29 CFR 1910.1020(d)(1)(i), GC
§§12946, 34090
Human
Resources HR-024
Recruitment and Testing File / NeoGov
Database
(Includes Advertisements, Applications for
Unsuccessful Candidates, Interview Notes,
Job Brochures, Test Data, Testing Analysis
& statistical Metric, Job Analysis, Rating
Sheets, Scantrons, etc.)
Expiration of
Eligibility List +
4 years
Mag, Ppr
Department preference; EEOC / FLSA /
ADEA (Age) requires 1-3 years; State Law
requires 2 - 3 years; 29 CFR 1627.3(b)(1),
29 CFR 1602.14 et seq.2 CCR 11013(c);
GC §§12946, 34090
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Ver. 3.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-6 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Human
Resources HR-025
Training Presented by City Staff - CITY-

WIDE COURSE RECORDS
(Attendance Rosters, Outlines and Materials;
includes Ethics, Harassment, & Safety
Training & Tailgates)
Department-level Course Records are
retained by the Lead Department
Training Certificates are retained in the are
retained in the Department-level's Personnel
File
5 years Mag, Mfr,
OD, Ppr S Yes: When
Inactive
Department preference; Ethics Training is
5 years; Statewide guidelines propose 7
years; Calif. Labor Division is required to
keep their OSHA records 7 years;
EEOC/FLSA/ADEA (Age) requires 3 years
for promotion, demotion, transfer,
selection, or discharge; State Law requires
2 -3 years for personnel actions; 8 CCR
§3203 et seq., 29 CFR 1627.3(b)(1), LC
§6429(c); GC §§12946, 34090, 53235.2(b)
Human
Resources HR-026 Workers Compensation Claim Runs 5 years Mag Ppr Department preference (meets municipal
government auditing standards); GC
§34090
Human
Resources HR-027
Workers Compensation Claims / Long Term
Disability Claims (Includes all Accident,
Incident, or Injury Reports from Employees)
Separation +
30 years or
Termination of
Benefits + 5
years
(whichever is
longer)
Yes: Until
Separation
Mag, Mfr,
OD, Ppr S Yes: After

QC & OD
Department preference; Files maintained
separately; Claims can be made for 30
years for toxic substance exposure; 8 CCR
§3204(d)(1) et seq., 8 CCR 5144, 8 CCR
15400.2; 29 CFR 1910.1020(d)(1)(i), GC
§§12946, 34090
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Ver. 2.1 RECORDS RETENTION SCHEDULE: INFORMATION SERVICES DEPARTMENT Page ISD-1 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Information
Services
Dept.

ISD-001 Backups / Computer Backups (ALL)
When No
Longer
Required
Yes Mag.

Used for Disaster Recovery Purposes
Only; Considered a copy and can be
destroyed when no longer required; GC
§34090 et seq.

Information
Services
Dept.

ISD-002 Enterprise System Catalogue (Listing of
Enterprise-wide Software, posted on line)
When
Superseded Yes Mag. GC §34090 et seq.

Information
Services
Dept.

ISD-003
UNALTERABLE MEDIA (WORM / DVD-r /
CD-r / Blue Ray-R) or other unalterable
media that does not permit additions,
deletions, or changes
P OD
For legal compliance for Trustworthy
Electronic Records (when the electronic
record serves as the official record); GC
34090, 12168.7, EVC 1550, CCR 22620 et
seq.

INFORMATION SERVICES DEPARTMENT
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Ver. 3.0 RECORDS RETENTION SCHEDULE - LIBRARY, ARTS & CULTURE Page LIB-1 Office of
Record
(OFR)
Retention
No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

LIBRARY, ARTS & CULTURE
Library,
Arts &
Culture
LIB-001
Art in Public Places on Private Property /
Developer's Commissioned Art Installations -
Original Designs and Material, etc.

Art
Decommis-
sioned + 5
years
Mag, Mfr,
OD, Ppr S No
Decommissioned means removal
from public display; Department
preference; GC §34090
Library,
Arts &
Culture
LIB-002
Art In Public Places Program (ALL City Projects)
Completed permanent artworks owned by the City,
deaccessioned artworks, and temporary
installations owned by the City
Art
Decommis-
sioned + 5
years
Mag, Mfr,
OD, Ppr S No
Decommissioned means removal
from public display; Department
preference; GC §34090
Library,
Arts &
Culture
LIB-003 Arts & Culture Commission

AGENDAS, AGENDA PACKETS
When No
Longer
Required -
Minimum 2
years
Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
&OD
Department Preference; GC §34090
Library,
Arts &
Culture
LIB-004 Arts & Culture Commission
MINUTES, BYLAWS P Yes Mag, Mfr,
OD, Ppr S
Yes:

After QC
&OD
GC §34090
Library,
Arts &
Culture
LIB-005
Grants: LSCA (Library Services and Construction),
LSTA (Library Services and Technology), SLRC
(State Literacy Resource Centers), CLLS
(California Library Literacy Services); CLSA
(California Library Services Act, IMLS (Institute of
Museum & Library Services), and PLF (Public
Library Foundation) ONLY. For all others, follow
City-wide Schedule. (SUCCESSFUL Reports, and
Financial Information) Send copy of application
and award to Administrative Services
Final
Expenditure
+ 5 years
Mag, Mfr,
OD, Ppr S
Per California State Library Records
Management Program Requirements
(April 27, 1998); GC §34090
Library,
Arts &
Culture
LIB-006 Historical Item Donation Release Forms
(Photographs, etc.) P Yes Mag, Mfr,
OD, Ppr S Yes: After
QC & OD Department Preference; GC §34090
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Ver. 3.0 RECORDS RETENTION SCHEDULE - LIBRARY, ARTS & CULTURE Page LIB-2 Office of
Record
(OFR)
Retention
No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Library,
Arts &
Culture
LIB-007 Incident Reports Minimum 5
years Mag, Ppr Department Preference; GC §34090
Library,
Arts &
Culture
LIB-008 Inter-Library Loan Records - Patron Check out / Check in (not accessible to the public) Indefinite Mag, Ppr Preliminary draft not retained in the
ordinary course of business; GC
§34090 et seq.

Library,
Arts &
Culture
LIB-009 Library Management System / Database Indefinite Yes Mag, Ppr Data Fields / Records are interrelated; GC §34090
Library,
Arts &
Culture
LIB-010 Release Forms (Artists / Exhibitors / Performers / Programs)
Minimum 2
years
Yes:

Before
Event
Mag, Ppr GC §34090
Library,
Arts &
Culture
LIB-011 Sponsored Art, Artists and/or Projects -
Permanent Installations P Mag, Ppr Department preference; GC §34090 Library,
Arts &
Culture
LIB-012 Sponsored Art, Artists and/or Projects - Temporary Exhibits
Completion
+ 2 years Mag, Ppr GC §34090
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Ver. 4.0 RECORDS RETENTION SCHEDULE: CITY MANAGER Page CM-1 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

MANAGEMENT SERVICES /CITY MANAGER
City
Manager CM-001 City Council Correspondence 4 years Mag, Ppr Department Preference; GC §34090 City
Manager CM-002 Commission on the Status of Women

AGENDAS, AGENDA PACKETS
When No
Longer
Required -
Minimum 2
years
Mag, Mfr,
OD, Ppr S / I Yes: After
QC &OD Department Preference; GC §34090
City
Manager CM-003 Commission on the Status of Women
MINUTES, BYLAWS P Yes Mag, Mfr,
OD, Ppr S Yes: After
QC &OD GC §34090
City
Manager CM-004
Film Permits, Special Event Permits NOT at
City Parks
(Recreation is OFR)
2 years Mag, Ppr GC §34090
City
Manager CM-005 Press Releases 2 years Mag, Ppr GC §34090 City
Manager CM-006 Legislation - Support or Oppose State or Federal Legislation 2 years Mag, Ppr GC §34090
City
Manager CM-007
Projects, Programs, Subject & Issues
(Issues and/or projects will vary over time -
e.g. Sister City, Goals & Objectives, etc.)
Minimum 2
years
Yes: While
Active
Issues
Mag, Ppr Department Preference; GC §34090
GLENDALE TV-6 / CABLE TV
City
Manager /
Glendale
TV-6
CM-008
City Council, Housing Authority, Housing
Authority, Public Financing Authority,
Redevelopment Agency, Successor Agency,
Oversight Board, Planning Commission, All
Advisory Bodies / Boards and Commissions,
Ad-Hoc Committees created by the City
Council
AUDIO RECORDINGS or VIDEO

RECORDINGS
10 years Mag, OD
Department preference; Audio Required for
30 days; GC §54953.5(b); video tapes of
meetings are required for 90 days; GC
§34090.6
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Ver. 4.0 RECORDS RETENTION SCHEDULE: CITY MANAGER Page CM-2 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

City
Manager /
Glendale
TV-6
CM-009 Glendale TV Programming, Production &
Scheduling 2 years Mag, Ppr GC §34090
City
Manager /
Glendale
TV-6
CM-010 Glendale TV Broadcast Recordings / Video
Tapes
Minimum 2
years Mag Department Preference; GC §34090

GRAPHICS
Lead Dept. CM-011
Graphic Projects (Retained by the
Department requesting the work - See City-
Wide Schedule)
Minimum 2
years Mag, Ppr Department preference; GC §§34090
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Ver. 8.0 RECORDS RETENTION SCHEDULE: POLICE Page PD-1 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

POLICE ADMINISTRATION / POLICE CHIEF
Police /
Admin. /
Chief
PD-001 Alarm Applications and Permits Expiration +
2 years Mag, Ppr Department preference; GC §34090
Police /
Admin. /
Chief
PD-002
Alarms - False Alarm Reports and Related
Documents (aging reports, alarm return
check letters)
2 years Mag, Ppr GC §34090
Police /
Admin. /
Chief
PD-003 Background Files - Successful Applicants Separation + 4 years
Yes: Until
Separation
Mag, Mfr,
OD, Ppr S
Yes: After
Separation
+ QC & OD
Department Preference; EEOC/FLSA/ADEA
(Age) requires 3 years for promotion, demotion,
transfer, selection, or discharge; State Law
requires 2 -3 years; 29 CFR 1672.3(b)(i), 29
CFR 1602.14; GC §§12946, 12960, 34090; 29
USC 1113
Police /
Admin. /
Chief
PD-004 Background Files - Unsuccessful
Applicants 4 years Mag, Mfr,
OD, Ppr S Yes: After

QC & OD
Department Preference; EEOC/FLSA/ADEA
(Age) requires 3 years for promotion, demotion,
transfer, selection, or discharge; State Law
requires 2 -3 years; 29 CFR 1672.3(b)(i), 29
CFR 1602.14; GC §§12946,12960, 34090
Police /
Admin. /
Chief
PD-005
CCW Permits (Carry Concealed Weapon
Permits) - Members of the Public -
Approved
Expiration +
2 years Mag, Ppr Department preference; GC §34090
Police /
Admin. /
Chief
PD-006
CCW Permits (Carry Concealed Weapon
Permits) - Members of the Public - Denied
Applications
Denial + 2
years Mag, Ppr Department preference; GC §34090
Police /
Admin. /
Chief
PD-007 CCW Permits (Carry Concealed Weapon
Permits) - Retired Employees
Expiration +
4 years Mag, Ppr Department preference; GC §34090
Police /
Admin. /
Chief
PD-008 Community Room Request Forms 2 years Mag, Ppr GC §34090 GLENDALE, CA. ©1995 - 2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
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Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Police /
Admin. /
Chief
PD-009 Contracts for Investigators (Police only) Completion + 5 years
Yes:

Before
Completion
Mag, Ppr
Department preference; Statute of Limitations
for contractual obligations is 4 years; CCP
§§337. 337.1(a), 337.15, 343; GC §34090
Fire /
Admin.
and Police
/ Admin. /
Chief
PD-010
Emergency Operations Plan (includes
Office of Emergency Management &
Homeland Security)
When
Superseded Yes (all) Mag, Mfr,
OD, Ppr S/I No GC §34090
Police /
Admin. /
Chief
PD-011
Internal Affairs Investigations / Complaints
by Members of the Public - WITHOUT
Sustained Finding of Misconduct as
defined in PC §832.7
Final
Disposition
+ 5 years
Mag, Ppr
Consistent with Lexipol Policy; State requires
for at least 5 years for complaints by members
of the public; other State & Federal laws
require retention until final disposition of formal
complaint; State requires 2 years after action is
taken; Statute of Limitations is 4 years for
misconduct after the discovery of the offense
for misconduct in office; EVC §1045, GC
§§12946,12960, 34090, PC §§801.5, 803(c),
832.5, 832.7, VC §2547
Police /
Admin. /
Chief
PD-012
Internal Affairs Investigations / Complaints:
by Members of the Public - WITH
Sustained Finding of Misconduct as
defined in PC §832.7
Final
Disposition
+ 15 years
Mag, Ppr PC §§832.5(b), 832.7; GC§ 34090
Police /
Admin. /
Chief
PD-013
Internal Affairs Investigations / Complaints:

Internally-Generated or Observation of
Misconduct
Final
Disposition
+ 5 years
Mag, Ppr
Department Preference; Exceeds with Lexipol
Policy; Not a civilian complaint; other State &
Federal laws require retention until final
disposition of formal complaint; State requires
2 years after action is taken; EVC §1045, GC
§§12946,12960, 34090
Police /
Admin. /
Chief
PD-014 Logs (Watch Commander Logs, etc.) 2 years Mag, Ppr GC§ 34090 et seq.

GLENDALE, CA. ©1995 - 2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
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Ver. 8.0 RECORDS RETENTION SCHEDULE: POLICE Page PD-3 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Police /
Admin. /
Chief
PD-015 Personnel Files - Employees Separation +
4 years
Yes: Until
Separation
Mag, Mfr,
OD, Ppr S
Yes: After
Separation
+ QC & OD
Department Preference to be consistent with
Human Resources; EEOC/FLSA/ADEA (Age)
requires 3 years for promotion, demotion,
transfer, selection, or discharge; State Law
requires 2 -3 years; retirement benefits is 6
years from last action; 29 CFR 1602.31 &
1627.3(b)(1), 8 CCR §3204(d)(1) et seq., GC
§§12946,12960, 34090; 29 USC 1113
Police /
Admin. /
Chief
PD-016
Policies & Procedures / Lexipol / Operation
Directives / General Orders (Department
Policies and Procedures)
Superseded
+ 2 years
Mag, Mfr,
OD, Ppr S / I Yes: After
superseded Department Preference; GC § 34090 et seq.

Police /
Admin. /
Chief
PD-017 Press Releases - Police Only 2 years Mag, Ppr GC §34090 Police /
Admin. /
Chief
PD-018 Racial and Identity Profiling Act (RIPA)
Annual Report 3 years Mag, Ppr Department preference (consistent with STOP Source data); GC §34090
Police /
Admin. /
Chief
PD-019
Report of data regarding the number, type,
or disposition of complaints made against
its officers
2 years Mag, Ppr GC §34090 et seq.

Police /
Admin. /
Chief
PD-020 Reports and Studies - Historical P Mag, Mfr,
OD, Ppr S / I Yes: After
QC & OD Department Preference; GC § 34090 et seq.

Police /
Admin. /
Chief
PD-021
Reports and Studies regarding Police
operations (not historical - manpower,
consolidation, etc.)
Minimum 2
years Mag, Ppr Department Preference; GC § 34090 et seq.

Police /
Admin. /
Chief
PD-022 STOP Source Data, Audit Log 3 years Mag, Ppr 11 CCR 999.228; 11 CCR 999.229; GC §34090 Police /
Admin. /
Chief
PD-023 Use of Force Reviews 2 years Mag, Ppr Department Preference; GC §§12946, 12960, 34090

PROFESSIONAL STANDARDS BUREAU
GLENDALE, CA. ©1995 - 2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
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Ver. 8.0 RECORDS RETENTION SCHEDULE: POLICE Page PD-4 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Police /
Profess.

Standards
Bureau
PD-024
Background Files - Volunteers -
SUCCESSFUL (Cadets, Explorers, CERT,
Chaplains, Reserves, etc.)
Separation /
Inactive + 4
years
Mag, Mfr,
OD, Ppr S Yes: After
QC &OD
Department Preference; OSHA requires safety
training 5 years; EEOC/FLSA/ADEA (Age)
requires 3 years for promotion, demotion,
transfer, selection, or discharge; State Law
requires 2 -3 years; 8 CCR §3203 et seq., 29
CFR 1602.31 LC §6429(c); GC §§12946,
12960, 34090, 53235.2(b)
Police /
Profess.

Standards
Bureau
PD-025
Background Files - Volunteers -
UNSUCCESSFUL (Cadets, Explorers,
CERT, Chaplains, Reserves, etc.)
4 years Mag, Mfr,
OD, Ppr S Yes: After
QC &OD
Department Preference; OSHA requires safety
training 5 years; EEOC/FLSA/ADEA (Age)
requires 3 years for promotion, demotion,
transfer, selection, or discharge; State Law
requires 2 -3 years; 8 CCR §3203 et seq., 29
CFR 1602.31 LC §6429(c); GC §§12946,
12960, 34090, 53235.2(b)
Police /
Profess.

Standards
Bureau
PD-026
Personnel Training File - Officer Training -
BY EMPLOYEE (Includes POST
printouts)
Includes Range Qualifications, Retiree Fire
Arson Qualifications
Separation +
5 years Mag, Ppr
Department Preference to be consistent with
Human Resources; OSHA requires safety
training 5 years; EEOC/FLSA/ADEA (Age)
requires 3 years for promotion, demotion,
transfer, selection, or discharge; State Law
requires 2 -3 years; 8 CCR §3203 et seq., 29
CFR 1602.31 LC §6429(c); GC
§§12946,12960, 34090, 53235.2(b)
Police /
Profess.

Standards
Bureau
PD-027
Training - Department Training Records -

COURSE RECORDS
(Attendance Rosters, Outlines and
Materials; includes Use of Force training,
safety training, etc.)
Minimum 5
years Mag, Ppr
Rosters are sent to POST; OSHA requires
safety training 5 years; EEOC/FLSA/ADEA
(Age) requires 3 years for promotion, demotion,
transfer, selection, or discharge; State Law
requires 2 -3 years; 8 CCR §3203 et seq., 29
CFR 1602.31 , LC §6429(c); GC
§§12946,12960, 34090, 53235.2(b)

OPERATIONS / PATROL
Police /
Ops /
Patrol
PD-028 Officer Recordings: Body-Worn Cameras
– LOGS of Access or Deletion of Data P Mag, PC§ 832.18(b)(5)(E); GC §34090.6 et seq.

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Ver. 8.0 RECORDS RETENTION SCHEDULE: POLICE Page PD-5 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Police /
Ops /
Patrol
PD-029
Officer Recordings: Body-Worn Cameras -
that ARE evidence, Officer Involved
Shootings / Detention or Arrest /
Complaints
Follows
retention for
Evidence,
Minimum
777 days
Mag, PC§ 832.18(b)(5)(B)&(C); GC §34090.6 et seq.

Police /
Ops /
Patrol
PD-030 Officer Recordings: Body-Worn Cameras -
that are NOT evidence 777 days Mag,
Department preference (law recommends 90
days); PC§ 832.18(b)(5)(A); GC §34090.6 et
seq.

Police /
Ops /
Patrol
PD-031 Officer Recordings: Mobile Audio Video
(MAV) Recordings - that are NOT evidence 777 days Mag, Ppr Recordings that become evidence are stored
with evidence - these are preliminary
documents / transitory recordings; Consistent
with Lexipol requirements; GC §34090.6
Police /
Ops /
Patrol
PD-032 Patrol Schedules
When No
Longer
Required
Mag, Ppr Preliminary drafts (the timecard / timesheet is the final); GC §34090 et seq.

Police /
Ops /
Patrol
PD-033 Traffic Control: Radar Calibration Records Life of the Equipment Mag, Ppr Department preference; GC §34090 et seq.

Police /
Ops /
Patrol
PD-034 Traffic Control: Radar Trailer Surveys, etc. Minimum 2 years Mag, Ppr GC §34090 et seq.

Police /
Ops /
Patrol
PD-035
Transportation Permits issued by the City
(Wide Load Permits, Heavy Load Permits,
Oversize Vehicle Permits, etc.)
2 years Mag Ppr GC §34090
Police /
Ops /
Patrol
PD-036 Vacation Checks / Patrol Requests
When No
Longer
Required
Mag, Ppr Preliminary Draft (entered in RMS / CAD
system; GC §34090 et seq.

SERVICES / CAD / DISPATCH
Police /
Commun. PD-037
Audio Recordings or Tapes - (CAD /
Computer Aided Dispatch) Recordings of
Telephone & Radio Communications
Dispatch Tapes (CAD)
777 days Mag
Department Preference; Statewide guidelines
propose 180 days (legally mandated for 100
days); (may be discoverable or made public in
some circumstances), GC §§34090, 34090.6
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Ver. 8.0 RECORDS RETENTION SCHEDULE: POLICE Page PD-6 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

SERVICES / INVESTIGATIONS
Police /
Investig. PD-038 Asset Forfeiture Notification 5 years Mag, Ppr Per Federal DOJ requirements (Equitable Sharing Guide); GC §34090
Police /
Investig. PD-039
Business Permits Background Files
(Regulatory) - BUSINESS OWNER AND
TECHNICIANS: Bingo Permit, Massage
Establishments, Pawn Shops, etc.

Termination
of Business
+ 2 years
Mag, Ppr Department Preference; GC § 34090 et seq.

Police /
Investig. PD-040
Criminal Intelligence Files
Confidential informant information &
activities
Last Entry +
5 years Mag, Ppr
Files contain criminal intelligence information
concerning an individual only if there is
reasonable suspicion that the individual is
involved in criminal conduct or activity and the
information is relevant to that criminal conduct
or activity. Misleading, obsolete or unreliable
information is required to be destroyed;
remaining records must not be retained longer
than 5 years; 28 CFR 23.20(h); GC §34090
Police /
Investig. PD-041 Detectives Investigation Files and Arrest Files (Official Reports)
Transferred
into
Record's
Crime
Report Files
Ppr, Mag Transfer all Official Reports to Records to be placed in the Crime Report Files.

Police /
Investig. PD-042 Guns: Dealers Record of Sale (DROS) 2 years Mag, Ppr GC §34090 Police /
Investig. PD-043 Informant Files
When No
Longer
Required -
Minimum 2
years
Ppr, Mag
Informant information; Does not contain
criminal intelligence information concerning
individuals; Department preference; GC
§34090
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Ver. 8.0 RECORDS RETENTION SCHEDULE: POLICE Page PD-7 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Police /
Investig. PD-044 Pawn Slips 2 years Mag, Ppr
Department Preference (Dealers are required
to keep for 3 years); Non-records used for
investigations; Originals entered into the State
Automated Property System; most agencies
retain for 2 years; B&P §21633; GC §34090

SERVICES / PROPERTY AND EVIDENCE
Police /
Property &
Evidence
PD-045 Crime Lab Accreditation / DNA Crime Lab
Accreditation P Mag, Mfr,
OD, Ppr S / I Yes: After
QC & OD Department Preference; GC §34090
Police /
Property &
Evidence
PD-046 Crime Lab Audits / Reviews of
Environmental Health and Safety 2 years Mag, Ppr GC §34090 Police /
Property &
Evidence
PD-047 Crime Report Photos
Follows the
Retention of
the
Evidence
Mag, Mfr,
OD, Ppr S / I Yes: After
QC & OD Department Preference; GC §34090
Police /
Property &
Evidence
PD-048
DNA Extracts / Specimens - Uploaded to
the Combined DNA Index System, or
(CODIS)
Indefinite Mag, Ppr Department Preference (recommended by the College of American Pathologists); GC §34090
Police /
Property &
Evidence
PD-049 Gun and Narcotics Destruction Log
(Documents related to)
Minimum 2
years Mag, Ppr Department Preference; GC §34090
Police /
Property &
Evidence
PD-050 Lost & Found Property (Documents related
to) 7 years Mag, Ppr GC §34090
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Ver. 8.0 RECORDS RETENTION SCHEDULE: POLICE Page PD-8 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Police /
Property &
Evidence
PD-051 Property & Evidence Database Indefinite Mag, Ppr Department Preference (data is interrelated); GC §34090
Police /
Property &
Evidence
PD-052 Property & Evidence Logs 7 years Mag, Ppr GC §34090

SERVICES / RECORDS
Police /
Records PD-053 Citation Log Books (#s / ranges) - Parking, Traffic 2 years Mag, Ppr GC §34090 et seq.

Police /
Records PD-054
Citations (Parking, Traffic, Marijuana /
Cannabis). Includes requests for
dismissals, cancellations, and appeals.
2 years Mag, Ppr GC §34090 et seq.

Police /
Records PD-055
Hearing Officer Determinations (Citation
Appeals, Tows, etc.)
Public Works keeps Parking Hearing Officer
Determinations
2 years Mag, Ppr GC §34090
Police /
Records PD-056
CRIME REPORTS / SEALED RECORDS:

Sealed Juvenile and Ward Cases - Except
those with Child Abuse or Severe Neglect,
(Substantiated), outstanding stolen
property, including firearms, or lost firearms
Sealing Date
+ 5 years (or
Court Order)
Yes:

Before
Disposition
Mag, Mfr,
OD, Ppr S/M/I Yes: After

QC & OD
Statute of Limitations runs up to age of majority
+ 8 years; sealed records for juveniles and
wards of the Court must be destroyed 5 years
after sealing date; CCP §§340.1, GC §34090;
W&I §§389(a), 781(d)
Police /
Records PD-057
CRIME REPORTS:

Lost Property: Firearms entered into
CLETS (if not Permanent Retention)
Until Found
or
Recovered
Yes Mag, Mfr,
OD, Ppr S/M/I Yes: After

QC & OD
Department Preference to facilitate Three
Strikes law and ease of document imaging
administration; PC§ 11108.2(b); GC §34090
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289 of 455
Ver. 8.0 RECORDS RETENTION SCHEDULE: POLICE Page PD-9 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Police /
Records PD-058
CRIME REPORTS:

ALL Capital Crimes, Homicide, Juvenile,
Child Abuse (substantiated), Elder
Abuse (substantiated), & Sexual Assault
(Rape), Arson (Suspected or
Undetermined)
P Yes Mag, Mfr,
OD, Ppr S/M/I Yes: After

QC & OD
Department Preference; DOJ retains CACI
(Child Abuse Central Index) information for
adults 100 years; Most have no limitations on
commencement of action; PC §§ 261, 286,
288, 288a, 288.5, 289, 289.5, and 799; 803(h),
11169 et seq.; 11170(a); WIC 707(b)
Police /
Records PD-059
CRIME REPORTS:

Child Abuse or Neglect Investigation
Reports - Unsubstantiated or
Inconclusive
No Further
Report on
Suspected
Abuser + 10
years
Mag, Mfr,
OD, Ppr S/M/I Yes: After
QC & OD PC §§11169(c),11170(a)(3)
Police /
Records PD-060
CRIME REPORTS:

Except those specifically mentioned in
the schedule (ALL Others)
7 years Yes Mag, Mfr,
OD, Ppr S/M/I Yes: After

QC & OD
Department Preference; Provided there are no
outstanding warrants, unrecovered identifiable
items, criminal deaths, they are not historically
significant, and it is not classified under PC
§800 & 290; Stat. of Limit. is 2 yrs; Destroy
juvenile marijuana after age18; H&S §11361.5,
GC §34090, PC §802, PC §§187, 800 et seq.

Police /
Records PD-061
CRIME REPORTS:

Misdemeanor or Infraction - Adult
Marijuana / Cannabis - H&S
§11357(b)(c)(d)(e) or H&S §11360(b) (with
procedure in H&S §11361.5) - Except those
with outstanding stolen property, including
firearms, or lost firearms
Conviction
or Arrest (If
No
Conviction)
+ 2 years
Yes:

Before
Disposition
Mag, Mfr,
OD, Ppr S/M/I Yes: After

QC & OD
(Courts and other Agencies "Shall" destroy);
H&S§ 11361.5 et seq.

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290 of 455
Ver. 8.0 RECORDS RETENTION SCHEDULE: POLICE Page PD-10 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Police /
Records PD-062
CRIME REPORTS:

Misdemeanor or Infraction - Juvenile
Marijuana / Cannabis - H&S §11357(E) -
Except those with outstanding stolen
property, including firearms, or lost firearms
2 years or
Juvenile 18
years old
Yes:

Before
Disposition
Mag, Mfr,
OD, Ppr S/M/I Yes: After

QC & OD
If no subsequent conviction ("Shall" Destroy);
H&S §11361.5
Police /
Records PD-063
CRIME REPORTS:

Missing Persons
P
(If Returned,
Follows the
Retention for
the Crime
Report)
Yes:

Before
Disposition
Mag, Mfr,
OD, Ppr S/M/I Yes: After
QC & OD Department Preference; GC §34090
Police /
Records PD-064
CRIME REPORTS:

Factually Innocent Petition Accepted
Records Sealed Pending Destruction -
Except those with outstanding stolen
property, including firearms, or lost firearms
Date of
Arrest + 3
years
Yes:

Before
Disposition
Mag, Mfr,
OD, Ppr S/M/I Yes: After

QC & OD
Individual petitions District Attorney; Sheriff
concurs that person is factually innocent, then
seals record ("Shall" Destroy); GC §34090; PC
§851.8(a)
Police /
Records PD-065
CRIME REPORTS:

Misdemeanor or Infraction Marijuana /
Cannabis §11357(de) - Juvenile on
School Grounds during School Hours
(with procedure in H&S §11361.5)
Offender is
18 Years
Old
Yes:

Before
Disposition
Mag, Mfr,
OD, Ppr S/M/I Yes: After

QC & OD
(Courts and other Agencies "Shall" destroy);
H&S§ 11361.5 et seq., 11357(e)
Police /
Support
Services /
Records
PD-066
CRIME REPORTS:

Vacatur Relief Granted by Court - Victim of
Human Trafficking, or Victim of Intimate
Partner Violence or Sexual Violence
(Nonviolent Crimes)
Court Order
+ 1 year
Mag, Mfr,
OD, Ppr S/M/I Yes: After

QC & OD
Individual petitions Court ("Shall" Destroy); GC
§34090; PC §§236.14(k); 236.15(k)
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291 of 455
Ver. 8.0 RECORDS RETENTION SCHEDULE: POLICE Page PD-11 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Police /
Records PD-067 Public Records Requests / Subpoenas
Duces Tecum - POLICE only 2 years Mag, Ppr Yes: After
QC'd & OD GC §34090
Police /
Records PD-068 Racial and Identity Profiling Act (RIPA) Annual Report 3 years Mag, Ppr Department preference (consistent with STOP Source data); GC §34090
Police /
Records PD-069 Registrants: Arson Registrations: Adults P, or Death of Registrant
Mag, Mfr,
OD, Ppr S/I Yes: After

QC & OD
Department preference; Pursuant to PC §457.1
et seq.; required to register for life; If released
from CYA, records are destroyed after age 25
or sealing pursuant to W&I §781; GC §34090.7
Police /
Records PD-070
Registrants: Arson Registrations:

Juveniles released from California Youth
Authority
Age 25 or
Sealing Date
+ 5 years
Mag, Ppr
Pursuant to PC §457.1 et seq.; If released from
CYA, records are destroyed after age 25 or
sealing pursuant to W&I §781; GC §34090.7
Police /
Records PD-071 Registrants: Sex Offender Registrations:

Adults
P, or Death
of Registrant
Mag, Mfr,
OD, Ppr S/I Yes: After

QC & OD
Department Preference; After 2021, Offenders
can petition Court for removal 10 or 20 years
after offense, provided there are no subsequent
offenses; Pursuant to PC §290 et seq.

Police /
Records PD-072 Registrants: Sex Offender Registrations:

Juveniles
P or Sealing
Date + 5
years
(or Court
Order), or
Death of
Registrant
Mag, Mfr,
OD, Ppr S/I Yes: After

QC & OD
Department Preference; After 2021, Offenders
can petition Court for removal 10 or 20 years
after offense, provided there are no subsequent
offenses; Pursuant to PC §290 et seq.

Police /
Records PD-073 Ride A-Long Waiver Form 2 years Mag, Ppr GC §34090 et seq.

Police /
Records PD-074 RMS Database Indefinite Yes Mag Data Fields / Records are interrelated; GC §34090
Police /
Records PD-075 STOP Source Data 3 years Mag, Ppr 11 CCR 999.228; GC §34090 GLENDALE, CA. ©1995 - 2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
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Ver. 8.0 RECORDS RETENTION SCHEDULE: POLICE Page PD-12 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media
Options
Image:

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Police /
Records PD-076 Subpoenas
When No
Longer
Required
Mag, Mfr,
OD, Ppr S/I Yes: After

QC & OD
Court or District Attorney records accessed
through their portals; GC §34090
Police /
Records PD-077
Video Recordings - Building Security, City
Operations
See City Clerk's schedule for City Council
Video Recordings
777 days Mag Records regular ongoing operations of the City; GC §34090.6 et seq.

Police /
Records PD-078
Video Recordings - Public Areas / Public
Activity
See City Clerk's schedule for City Council
Video Recordings
When No
Longer
Required
Mag Does not record regular and ongoing
operations; GC §34090.6 et seq,
Police /
Records PD-079
Video Recordings - Temporary Holding
Cells
See City Clerk's schedule for City Council
Video Recordings
777 days Mag Records regular ongoing operations of the City; GC §34090.6 et seq.

GLENDALE, CA. ©1995 - 2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
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Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS
(ALL DIVISIONS)
Page PW-1
Office of Record
(OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

ADMINISTRATION
Public Works /
Admin. PW-001 Banner and Flag Applications Completion + 2 years
Mag,
Mfr, OD,
Ppr
S Yes: After
QC & OD Department Preference; GC §34090

ENGINEERING
Public Works /
Engineering PW-002
Bonds: CIP Labor & Materials, Performance
Bonds, Letters of Credit, Encroachment Permits
Only
Release of
Bond / Letter
of Credit
Mag, Ppr Security; GC §34090
Public Works /
Engineering PW-003 Bridge Inspections P Yes (all)
Mag,
Mfr, OD,
Ppr
S Yes: After
QC & OD Department preference; GC §34090
Public Works /
Engineering PW-004
Capital Improvement Projects (CIP) - Where
Engineering is the Lead: Administration File
Project Administration, Certified Payrolls,
Construction Manager's Logs, Hazardous
Materials Plans, Meeting Minutes, Project
Schedules, Progress meetings, Real Estate
Appraisals, RFIs & Responses, Construction
Inspection Logs, Daily Inspections, Daily Logs,
Punch Lists, etc.

Completion +
10 years or
After Funding
Agency
Audit, if
required,
whichever is
longer
Yes: Until
Completed
Mag,
Mfr, OD,
Ppr
S/I Yes: After

QC & OD
Some grant funding agencies require
audits; Statute of Limitations for Errors &
Omissions is 10 years; Published Audit
Standards=4-7 years; Statute of
Limitations: Contracts & Spec's=4 years,
Wrongful Death=comp. + 5 years,
Developers=comp. + 10 years; Statewide
guidelines propose termination + 5 years;
CCP §337 et. seq., GC §34090
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
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Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS
(ALL DIVISIONS)
Page PW-2
Office of Record
(OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Public Works /
Engineering PW-005
Capital Improvement Projects (CIP) Where
Engineering is the Lead: Permanent File
Specifications & Addenda, Contract Copies,
Change Orders, CEQA / Environmental
Documents - EIRs, Negative Declarations,
Exemptions, Materials Testing Reports, Photos,
Soil Reports, Studies, Submittals, Successful
Proposal, Surveys, etc.

P Yes: Until
Completed
Mag,
Mfr, OD,
Ppr
S/I Yes: After

QC & OD
Department preference; retained for
disaster preparedness purposes;
Statewide guidelines propose Permanent
for Infrastructure plans; Final
environmental determinations are
required to be kept a "reasonable period
of time"; 14 CCR §15095(c); CCP §337
et. seq., GC §34090
Public Works /
Engineering PW-006 Design & Construction Standards - Authored by the City for Private Development P
Mag,
Mfr, OD,
Ppr
S/I Yes: After
QC & OD Department Preference; GC §34090
Public Works /
Engineering PW-007
Drawings, Maps, Plans and Record Drawings,
Large-Format Drawings, Survey Record Maps,
Capital Improvement Project "As-Built"
- Where Engineering is the Lead
P Yes (all)
Mag,
Mfr, OD,
Ppr
S/I Yes: After
QC & OD Drafts should be destroyed; GC §34090
Public Works /
Engineering PW-008
Encroachment Permits / Excavation Permits:

Permanent (Structures in the City's Right of Way,
Retaining Walls, etc.)
Includes Insurance Certificates
P Yes: Until
Completion Mag, Ppr Department Preference; GC §34090
Public Works /
Engineering PW-009
Encroachment Permits / Excavation Permits:

Temporary (Street Permits, Temporary
Construction, Sidewalk Repairs, Traffic Control,
Transportation Permits, Utility Cuts, etc.)
Includes Insurance Certificates
Minimum 2
years
Yes: Until
Completion Mag, Ppr GC § 34090
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
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Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS
(ALL DIVISIONS)
Page PW-3
Office of Record
(OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Public Works /
Engineering PW-010
Engineering Studies / Surveys (Public Right-of-
Way) - Geotechnical and Soil Reports / Hydrology
Reports / Preliminary Studies / Project
Assessments
P
Mag,
Mfr, OD,
Ppr
S/I Yes: After
QC & OD Department Preference; GC §34090
Public Works /
Engineering PW-011
Private Development Projects (in the Public Right-
of-Way): Permanent Files
Certificate of Acceptance / Approval (copy),
Dedications, Abandonments, Drainage, Driveway,
Private Lab Verifications, Testing Lab Final
Reports, Studies, Reports, Geotechnical and Soil
Reports / Hydrology Reports, etc.

P Yes: Until
Completed
Mag,
Mfr, OD,
Ppr
S/I Yes: After

QC & OD
Department preference; retained for
disaster preparedness purposes; GC
§34090
Public Works /
Engineering PW-012
Private Development Projects (in the Public Right-
of-Way): Administration File / Construction
Inspection
Construction Inspections, Correspondence, Daily
Logs, Inspector's Records, Photos, etc.

Completion +
10 years
Yes: Until
Completed
Mag,
Mfr, OD,
Ppr
S/I Yes: After

QC & OD
Statute of Limitations for Errors &
Omissions is 10 years; Statute of
Limitations: Contracts & Spec's=4 years,
Wrongful Death=comp. + 5 years,
Developers=comp. + 10 years; CCP §337
et. seq., GC §34090
Public Works /
Engineering PW-013
Prop. 218 (Sewer Fees Only) Mailing List,
Master File, Protest Letters / Ballots,
Tabulation
2 years Mag, Ppr GC §53753(e)(2)
City Clerk PW-014
Recorded Documents: Deeds, Easements, Right
of Ways, Abandonments / Vacation, Liens / Lien
Releases
Send all finals to the City Clerk
P
Mag,
Mfr, OD,
Ppr
S / I No GC §34090(a)
Public Works /
Engineering PW-015 Stormwater: NPDES Monitoring Reports Minimum 5 years
Mag,
Mfr, OD,
Ppr
S / I Yes: 5
years
Department preference; Monitoring
records required for 3 years; 40 CFR
§§122.21, 122.41, 122.44; GC §34090
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
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Page PW-4
Office of Record
(OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Public Works /
Engineering PW-016 Stormwater: NPDES Permits
Minimum
Permit
Superseded
+ 5 years
Yes: Until
Expiration Mag, Ppr
Department Preference; Monitoring
records required for 3 years; 40 CFR
§§122.21, 122.41, 122.44; GC §34090
CCP §337 et seq.

Public Works /
Engineering PW-017 Traffic Calming Requests / Stop Sign Surveys (Speed Humps, etc.) 10 years Mag Ppr Department preference; GC §34090 Police PW-018 Traffic Collision Reports / SWTRS
Copies -
When No
Longer
Required
Mag Ppr copies; GC §34090.7
Public Works /
Engineering PW-019 Traffic Counts 10 years Mag Ppr Department preference; GC §34090 Public Works /
Engineering PW-020 Traffic Speed Surveys / Stop Sign Warrants 10 years Mag Ppr Department preference (required every 5
years, but can be extended to 7 or 10
years); GC §34090

FACILITIES MANAGEMENT
Public Works /
Facilities Manag. PW-021 AQMD Permits - for Generators, etc. Issue Date + 5 years Mag, Ppr 40 CFR 70.6; GC §34090
Public Works /
Facilities Manag. PW-022 Fire Sprinkler Testing & Backflow (City Buildings) 5 years Mag, OD, Ppr S Yes: After
QC & OD Department preference; GC §34090
Public Works /
Facilities Manag. PW-023 Generator Operation Logs & Inspections 5 years Mag, Ppr AQMD Rule 1470; Form 400–E–13a instructions; GC §34090
Public Works /
Facilities Manag. PW-024 Playground Inspections 10 years Mag, Ppr Department preference; GC §34090 GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
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Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS
(ALL DIVISIONS)
Page PW-5
Office of Record
(OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Public Works /
Facilities Manag. PW-025
Video Recordings - Department Activity /
Building Security
See City Clerk's schedule for City Council Video
Recordings
1 year
Mag,
Mfr, OD,
Ppr
S Yes: After

QC & OD
Records regular ongoing operations of
the City; GC §34090.6 et seq.

Public Works /
Facilities Manag. PW-026
Video Recordings - Public Activity (Parks, Pool,
Public Areas, etc.)
See City Clerk's schedule for City Council Video
Recordings
When No
Longer
Required
Mag,
Mfr, OD,
Ppr
S Yes: After

QC & OD
Does not record regular ongoing
operations of the City; GC §34090.6 et
seq.

Division
Providing Service
/ Work
PW-027
Work Orders / Service Requests - CRM / CMMS
DATABASE (Computerized Maintenance
Management System)
Indefinite Mag Data is interrelated; GC §34090
Division
Providing Service
/ Work
PW-028
Work Orders / Service Requests - All
Information Entered in CRM / CMMS Database
(Paper drafts)
When No
Longer
Required
Mag Ppr Preliminary drafts (the database is the
original); GC §34090
Division
Providing Service
/ Work
PW-029
Work Orders / Service Requests - NOT entered
in CRM / CMMS Database (or partial information
entered into CMMS Database)
(Division providing service retains originals;
Division requesting service is considered a copy)
5 years Mag Ppr City Preference; CCP §§338 et seq., 340 et seq., 342, GC §34090
FLEET SERVICES (All Garages)
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
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(ALL DIVISIONS)
Page PW-6
Office of Record
(OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Public Works /
Fleet Services PW-030
Aboveground Storage Tanks (Agency Owned)
Spill Prevention Control and Countermeasures (SPCC),
Inspections, Integrity Testing, Maintenance, Repairs
20 years
Mag
(comput
er), Ppr
Department Preference; applies to both
Tier I and Tier II Tanks; (Tier II tanks are
required to have an integrity test every 20
years); GC §34090
Public Works /
Fleet Services PW-031 Inspections or Audits by the DMV & CHP 5 years Mag,
Mfr, OD,
Ppr
S/I Yes: After

QC & OD
Consistent with CHP requirements;
OSHA requires 1 year; 8 Ca. Code Reg.
§ 3203(b)(1); GC § 34090
Lead Dept. PW-032 Pressure Vessel Certifications or Permits (Air Compressors, Propane, etc.)
Expiration of
Certificate or
Permit
Mag,
Mfr, OD,
Ppr
S Yes: After
1 year
Department preference; GC §34090 et.
seq.

Public Works /
Fleet Services PW-033 Tire Disposal / Waste Manifests 3 years Mag, Ppr 14 CCR 18459.3; GC §34090 Public Works /
Maint. Serv. PW-034 Underground Storage Tanks (City Owned) – UST Closure Letter 15 years Mag, Ppr Department preference; GC §34090 et. seq.

Public Works /
Maint. Serv. PW-035
Underground Storage Tanks (City Owned) – UST
Monitoring and Maintenance, Release
Detection Systems, Cathodic Protection
Maintenance Records
7 years Mag, Ppr
Monitoring and Maintenance records are
required on site for 3 years, 6 ½ years for
cathodic protection maintenance, 5 years
for calibration & maintenance of release
detection systems; 23 CCR 2712(b); H&S
§25284.2(i)
Public Works /
Maint. Serv. PW-036 Underground Storage Tanks (USTs) Permits P Mag,
Mfr, OD,
Ppr
S Yes: After
1 year
Department Preference (required for the
life of the tank); 23 CCR 2712(b), H&S
§25284.2(i); GC §34090 et. seq.

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(ALL DIVISIONS)
Page PW-7
Office of Record
(OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Public Works /
Fleet Services PW-037 Used Oil Disposal Manifests 3 years Mag, Ppr 22 CCR 66266.130(c)(5), H&S §25250.18(b), 25250.19(a)(3) et seq.

Public Works /
Fleet Services PW-038
Vehicle & Equipment History Files
Maintenance, Smog Certificates
Disposal of
Vehicle or
Equipment +
2 years
Mag, Ppr
Department Preference; If a motor
carrier, required for 18 months after
vehicle is sold; CHP requires life of
vehicle; OSHA requires 1 year; 8 CCR §
3203(b)(1); 49 CFR 396.21(b)(1); 49 CFR
396.3; CCP §337 et. seq., 3 CCR 1234(f);
GC §34090
Public Works /
Fleet Services PW-039 Vehicle Titles "Pink Slips" Upon Sale of Vehicle Ppr Provided to new owner upon sale; GC
§34090
Division
Providing Service
/ Work
PW-040
Work Orders / Service Requests - CRM / CMMS
DATABASE (Computerized Maintenance
Management System)
Indefinite Mag Data is interrelated; GC §34090
Division
Providing Service
/ Work
PW-041
Work Orders / Service Requests - All
Information Entered in CRM / CMMS Database
(Paper drafts)
When No
Longer
Required
Mag Ppr Preliminary drafts (the database is the
original); GC §34090
Division
Providing Service
/ Work
PW-042
Work Orders / Service Requests - NOT entered
in CRM / CMMS Database (or partial information
entered into CMMS Database)
(Division providing service retains originals;
Division requesting service is considered a copy)
5 years Mag Ppr City Preference; CCP §§338 et seq., 340 et seq., 342, GC §34090

INTEGRATED WASTE MANAGEMENT
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
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Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS
(ALL DIVISIONS)
Page PW-8
Office of Record
(OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Public Works /
IWM PW-043 AB 939 Compliance / SB 1383 Compliance
(Organic Waste Collection and Recycling) 10 years Mag, Ppr Department preference; SB 1383
compliance is required for 5 years; Low-
Carbon Fuel Standard regulations credits
can be received for 10 years, and are
eligible for an extension; 14 CCR §
18995;.2 H&S §39730.7; GC §34090
Public Works /
IWM PW-044 Event Recycling Permit Expiration +
2 years Mag, Ppr Department Preference; GC §34090
Public Works /
IWM PW-045 Reports to Regulatory Agencies (California
Integrated Waste Management Board, etc.) 10 years Mag, Ppr Department Preference; GC §34090 Public Works /
IWM PW-046 Solid Waste Services / Hauler Applications & Permits
Expiration +
2 years Mag, Ppr Department Preference; GC §34090
Public Works /
IWM PW-047 Solid Waste Services / Hauler Quarterly Reports 10 years Mag, Ppr Department Preference; GC §34090 Public Works /
IWM PW-048 Tonnage Reports 10 years Mag, Ppr Department Preference; GC §34090

MAINTENANCE SERVICES
Public Works /
Maint. Serv. PW-049 Confined Space Entries / Hot Work Permits 2 years Mag, Ppr 8 CCR 5157(d)(14) & (e)(6); 29 CFR 1910.146(e)(6) GC §34090
Public Works /
Maint. Serv. PW-050 Herbicide or Pesticide Applications / Use (Parkway Areas) 2 years Mag, Ppr
Department Preference (agricultural
pesticide records are required for 2
years); GC §34090; 3 CCR 6623
Public Works /
Admin. PW-051 Indigenous Tree Permits & Arborists' Reports Completion + 2 years
Mag,
Mfr, OD,
Ppr
S Yes: After
QC & OD Department Preference; GC §34090
Public Works /
Maint. Serv. PW-052 Operations & Maintenance Manuals (O&M Manuals)
Life of
Facility or
Equipment
Mag, Ppr Department Preference; GC §34090 et.
seq.

GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
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Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS
(ALL DIVISIONS)
Page PW-9
Office of Record
(OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Lead Dept. PW-053 Pressure Vessel Certifications or Permits (Air Compressors, Propane, etc.)
Expiration of
Certificate or
Permit
Mag,
Mfr, OD,
Ppr
S Yes: After
1 year
Department preference; GC §34090 et.
seq.

Public Works /
Maint. Serv. PW-054 Sewer - CCTV Videos of Sewer Lines 10 years Mag, Ppr Department preference; GC §34090 Public Works /
Maint. Serv. PW-055
Sewer - FOG (Fats, Oil & Grease) Inspections /
Permits / Pretreatment Annual & Quarterly
Reports
5 years Mag, Ppr
Department preference; Monitoring
records required for 3 years; 40 CFR
§§122.21, 122.41; 40 CFR 403.12
Public Works /
Maint. Serv. PW-056 Sewer - Sanitary Spills and Overflows (SSOs) 5 years Mag,
Mfr, OD,
Ppr
S / I Yes: After

QC & OD
Required for a minimum of 5 years; 40
CFR 122.41(j)(2); SWRCB Order 2006-
03; 40 CFR 122.41(j)(2); GC §34090
Public Works /
Maint. Serv. PW-057 Sewer / Industrial Discharge Lab Reports & Chains of Custody
Minimum 5
years
Mag,
Mfr, OD,
Ppr
S / I
Yes -
After QC
& OD
Department preference; GC §34090
Public Works /
Maint. Serv. PW-058 Sewer Odor Complaints / Gas Detection Results / Investigations 5 years Mag,
OD, Ppr S Yes: After
QC & OD Department preference; GC §34090
Public Works /
Maint. Serv. PW-059
Sewer System Management Plans (SSMP) and
Audits / Sanitary Spills Overflow Prevention Plan
(SSOPP) and Sanitary Sewer Overflow Response
Plan
Superseded
+ 5 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After

QC & OD
Department preference; SSOs are
required for a minimum of 5 years; 40
CFR 122.41(j)(2); SWRCB Order 2006-
03; GC §34090
Public Works /
Maint. Serv. PW-060 Sidewalk Inspection Reports 10 years Mag, Ppr Department preference; GC §34090 Public Works /
Maint. Serv. PW-061 Tree Database (West Coast Arborists) Indefinite Mag, Ppr Department preference (data is inter- related); GC §34090
Public Works /
Maint. Serv. PW-062 Trees in City Right-of-Way: Inspections, Arborist Reports (City-owned Street Trees) 10 years Mag, Ppr Department preference; GC §34090 GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
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Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS
(ALL DIVISIONS)
Page PW-10
Office of Record
(OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Lead Dept. PW-063 Underground Service Alerts (USA's) / Dig Alerts 3 years Mag, Ppr Department Preference (the Regional
Notification Center has the obligation to
retain the notice for 3 years); GC
§§4216.2(d) & 4216.3(d), GC §34090
Division
Providing Service
/ Work
PW-064
Work Orders / Service Requests - CRM / CMMS
DATABASE (Computerized Maintenance
Management System)
Indefinite Mag Data is interrelated; GC §34090
Division
Providing Service
/ Work
PW-065
Work Orders / Service Requests - All
Information Entered in CRM / CMMS Database
(Paper drafts)
When No
Longer
Required
Mag Ppr Preliminary drafts (the database is the
original); GC §34090
Division
Providing Service
/ Work
PW-066
Work Orders / Service Requests - NOT entered
in CRM / CMMS Database (or partial information
entered into CMMS Database)
(Division providing service retains originals;
Division requesting service is considered a copy)
5 years Mag Ppr City Preference; CCP §§338 et seq., 340 et seq., 342, GC §34090

PARKING SERVICES
Public Works /
Parking Services PW-067 Incidents (Private citizens - vehicle accidents, etc.) 2 years Mag, Ppr GC §34090
Public Works /
Parking Services PW-068 Lost Parking Ticket Refunds 2 years Mag, Ppr GC §34090 Public Works /
Parking Services PW-069 Meter Revenue Detail 2 years Mag, Ppr GC §34090 GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
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Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS
(ALL DIVISIONS)
Page PW-11
Office of Record
(OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Public Works /
Parking Services PW-070 Parking Meters: Report of Out of Service & Repairs 2 years Mag, Ppr GC §34090
Public Works /
Parking Services PW-071 Parking Permit Database Indefinite Mag Data is interrelated; GC §§34090, 12168.7
Public Works /
Parking Services PW-072
Parking Reconciliation / Parking Daily Facility
Reports / Parking Cashier Reports / Parking
Refunds
2 years Mag, Ppr GC §34090
Public Works /
Parking Services PW-073 Parking Studies / Parking Analysis / Reports When No
Longer
Required -
Minimum 2
years
Mag Ppr
Drafts / source records entered into
database and not retained in the ordinary
course of business; GC §34090
Public Works /
Parking Services PW-074
Permits: Residential Preferential Parking Permits
/ Montrose / Sparr heights Employee Parking
Permit / Valet Parking / Other Parking Permits
Expiration +
2 years
Mag,
OD, Ppr S/I Yes: After
QC Department preference; GC §34090
Public Works /
Parking Services PW-075 Taxi Driver Permits Expiration + 2 years Mag Ppr Department preference; GC § 34090
Public Works /
Parking Services PW-076 Taxi Inspections 2 years Mag Ppr GC § 34090 Public Works /
Parking Services PW-077 Taxi Owners Permits / Taxi Companies Expiration + 2 years Mag Ppr Department preference; GC § 34090

PUBLIC TRANSPORTATION / TRANSIT
Public Works /
Public Trans. PW-078 Applications for Service (Commuter Shuttles, Dial- a-Ride, etc.) 2 years Mag, Ppr GC § 34090
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
304 of 455
Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS
(ALL DIVISIONS)
Page PW-12
Office of Record
(OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Public Works /
Public Trans. PW-079 Audits: DMV & CHP 5 years Mag, Ppr Consistent with CHP requirements;
OSHA requires 1 year; 8 Ca. Code Reg.
§ 3203(b)(1); GC §§ 34090
Public Works /
Public Trans. PW-080 BeeLine Schedules (Fixed Route Service) When No
Longer
Required
Mag, Ppr Department Preference; GC § 34090
Public Works /
Public Trans. PW-081 Bit Inspection (CHP Commercial Vehicle Inspection)
Life of the
Vehicle + 2
years
Mag,
Ppr 49 CFR 396.11(c)(2); GC §§ 34090
Public Works /
Public Trans. PW-082 Bus / Vehicle Procurement
Disposal of
Vehicle + 2
years
Mag, Ppr
Department preference; If a motor
carrier, required for 18 months after
vehicle is sold; CHP requires life of
vehicle; OSHA requires 1 year; 8
CCR § 3203(b)(1); 49 CFR
396.21(b)(1); 49 CFR 396.3(c); CCP
§337 et. Seq., GC §34090
Public Works /
Public Trans. PW-083 Daily Safety Checks / Pre-Starts / Commercial Vehicle Prestarts 3 years Mag,
Ppr
Department preference; If a motor carrier,
required for 3 and 14 months; 49 CFR
396.11(c)(2); 49 CFR 396.21(b)(1); GC
§§ 34090
Public Works /
Public Trans. PW-084 Dispatch System / Route Match / Dial-a-Ride / Mini-Bus / Door-to-Door Database Indefinite Mag, Ppr Department preference; GC §§ 34090 Public Works /
Public Trans. PW-085 DMV Pull Notices (Public Transportation Employees Only)
When
Superseded
or Employee
Separated
Mag, Ppr
Transitory or source records not retained
in the ordinary course of business; CHP
audits every 2 years; Bureau of National
Affairs recommends 2 years for all
supplementary Personnel records; GC §§
34090
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
305 of 455
Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS
(ALL DIVISIONS)
Page PW-13
Office of Record
(OFR) Retention No. Records Description Total
Retention Vital? Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Public Works /
Public Trans. PW-086
Inspections: Facility Inspections / Fire
Extinguisher Inspections, CalTIP Special Lists,
etc.
5 years Mag, Ppr
Consistent with CHP requirements;
OSHA requires 1 year; 8 Ca. Code Reg.
§ 3203(b)(1); GC §§ 34090
Public Works /
Public Trans. PW-087 Licenses & Permits (to Operate Public Transportation)
Expiration +
2 years Yes (all) Mag, Ppr GC §§ 34090
Public Works /
Public Trans. PW-088 Manifests / Passenger Manifests / Passenger Counts / Trip Sheets 5 years Mag, Ppr Consistent with accounts receivable; GC §§ 34090
Public Works /
Public Trans. PW-089 Reports from Drivers / Driver's Reports 5 years Mag, Ppr Consistent with other safety requirements; GC §§ 34090
Public Works /
Public Trans. PW-090 Surveyor Sheets / Random Counts (National Transit Database)
When No
Longer
Required
Mag, Ppr
Drafts / source records entered into
database and not retained in the ordinary
course of business; GC §§ 34090
Public Works /
Public Trans. PW-091 Video Recordings: Exterior and Interior of Vehicles
When No
Longer
Required
Mag, Ppr No forward-facing videos; Records public
activities; GC §§ §34090 .6
GLENDALE, CA. ©1995-2021 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
306 of 455
8e

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Further Recommendations on the State of the Community Forest

1. Motion to set the City of Glendale's citywide tree canopy goal at 25%.

2. Resolution dispensing with competitive bidding and authorizing the City Manager, or a designee, to amend contract 8000974 for City Tree Services, with West Coast Arborists, Inc. (WCA) increasing the contract amount by $250,000 to $7,306,000, for the purpose of utilizing Measure S funds to plant trees.

COUNCIL ACTION
Item Type: Action Item
Approved for January 18, 2022 calendar

EXECUTIVE SUMMARY
Following two previous reports to City Council on May 18 and September 21, 2021 regarding the State of the Community Forest and its maintenance, this report provides recommended actions based on Council comments. Staff recommends adoption of a 25% citywide tree canopy goal. To achieve this goal, plantings will be targeted to areas where new trees will benefit most. We also recommend increasing the City Tree Services contract amount with WCA to incorporate Measure S funds allocated for tree planting activities. Staff also reviewed programs from the cities of La Cañada Flintridge and Pasadena as requested by Council, as well as other cities, regarding private tree replacement regulations; however, staff recommends no changes to existing protection ordinances based on these examples.
307 of 455
28 e
3 0
6 8

COUNCIL PRIORITIES

1. Exceptional Customer Service: Planting additional trees and performing timely maintenance on city trees enhances the quality of life in Glendale.

2. Economic Vibrancy: Trees not only improve property values, they have also been shown to increase consumer spending in nearby businesses, and natural views increase employee productivity.

3. Safe & Healthy Community: Trees help to calm traffic, improve air quality, and prevent crime when well-kept.

4. Infrastructure & Mobility: Shade from trees encourages use of public sidewalks and trees are the only public infrastructure to increase in value with age.

5. Sustainability: A large and healthy urban forest is a critical component of a sustainable community due to a tree’s positive impact on health, pollution reduction, and water savings.

RECOMMENDATION
That the City Council approve a motion to adopt a citywide tree canopy coverage goal of 25%, and resolution to dispense with competitive bidding and increase the City Tree Services contract by $250,000 for Measure S funded tree planting activities.

BACKGROUND
Following the September 21, 2021 City Council meeting, in which the Public Works Department presented a follow up to the May 18, 2021 State of the Community Forest report, staff was asked to prepare this subsequent report on topics raised for discussion and action by Council. These topics include the tree canopy coverage goal, three species to be planted, tree watering, and a comparison of private tree replacement strategies in neighboring communities.

On May 12, 2020, following a Request for Proposals (RFP) process, the City Council approved a resolution dispensing with competitive bidding and authorizing execution of a six-year contract with WCA for $7,056,000, for tree maintenance services.

ANALYSIS

1. City Canopy Coverage Goal
Staff recommends Glendale adopt a 25% citywide canopy goal. This goal is to be met by an enhanced planting and watering program for new street trees with the goal of replacing all trees lost since 2010, while maintaining and preserving existing trees. The tree canopy should be equalized across the city as much as possible to ensure no area is left behind from the value and benefits of a community forest. To achieve this equalization, Public Works will select new tree sites based on the following criteria:
replacement of removed trees, planting upon request, planting near freeways, bus stops, and census tracts below 25% canopy coverage. Public Works will also consider limited 308 of 455
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planting projects outside of these areas. If adopted, this goal will be included in Public Works’ guiding Community Forest Management Plan, make the city more competitive in tree grant applications, and assist in our annual Tree City USA recognition and associated awards.

2. Measure S Funded Tree Planting
Public Works is identifying specific tree locations based on the above criteria, specifically impactful sites near freeways and major thoroughfares, that will provide the most benefits per city tree. City personnel do not have the capacity to plant such a large number of trees in one planting season, due in part to our efforts being focused on responding to resident tree maintenance requests and performing young tree maintenance. We recommend increasing the City Tree Services contract amount with WCA by $250,000 in order for the planting and associated watering to proceed, in tandem with other tree planting and maintenance services covered by this contract.

3. Tree Species
Glendale, as with other cities that have a history of progressive forestry programs, makes strategic tree species planting decisions. These decisions are informed by guidance and research from academic institutions such as the University of California and Cal Poly San Luis Obispo, which local organizations such as Tree People and Northeast Trees also reference. One recent UC study utilized long-term test plots located throughout Southern California to study the performance of various uncommon species in our climate.

Glendale is glad to be part of this effort to increase planting of many uncommonly available, but suitable, tree species.

This current research informs planting decisions regarding which species to phase out and which species to plant. Species planted as part of this proposed tree planting project have already performed well in studies in LA County. Based on current research, Glendale should look to communities such as Riverside, which average over 10 degrees warmer, to determine which trees can be sustained, and which new species to plant.

4. Watering
As mentioned in previous reports, Public Works notifies the adjacent property owner, prior to any tree planting. This letter includes information on tree care and the resident’s responsibility to provide water to the tree. In addition, Council’s recommendation to consider a ‘tree adoption’ program is another feasible and positive approach to encourage stewardship of our public trees. In these programs, labels are hung from the tree ties with watering information and positive messages encouraging the adjacent property owner to care for the tree. Public Works will consider an area to pilot such a program and look to communities with existing programs for ideas. In the interim, the watering portion of the letters will be adjusted to reflect the drought and clearly state watering instructions.

5. Funding
These estimates are based on the previous reports’ recommendations for annual routine trimming and increased planting and watering that would achieve regular tree maintenance and progress towards the 25% tree canopy goal. 309 of 455
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Table 1: Recommended Annual Increase Funding Summary
Needed Tree Planting $175,500
Needed Tree Watering $148,122
Needed Tree Maintenance $437,000
Total Annual Additional Funding Recommended $760,622

6. Ordinance – Replacement private trees and in lieu fees Glendale’s Indigenous Tree Ordinance requires mitigation when any one of the six protected native tree species is approved for removal. Trees must have trunks of at least 6” diameter to be protected. The replacement ratio is at least 1:1, meaning at least one tree is required to be planted on site per one tree removed, although additional tree plantings may be required by the Director of Public Works. There is no codified replacement tree size requirement or a standard replacement ratio, so replacement quantities are considered based on the landscape plan and site layout. If a tree cannot be replanted on site, in lieu fees are set per tree, and are used to fund tree plantings elsewhere in Glendale. There are no set dollar amounts in the ordinance, and the value of the tree is typically determined by an arborist using standard industry valuation formulas. There is no replacement requirement for private non-protected trees of any size or species type in Glendale. Glendale appears to be one of the few cities where a Public Works certified arborist reviews plans and makes recommendations, rather than a Planner or similarly-placed staff.

As requested by Council, Public Works researched private tree replacement ordinances in the neighboring communities of La Cañada Flintridge and Pasadena. A summary table of these cities compared with Glendale can be found in Table 2 below.

Table 2: Comparative Private Tree Ordinance Replacement Guidelines Glendale La Cañada Flintridge Pasadena
Protected
tree species
6 native trees 8 native trees, cedars
in one Historic District
13 native species,
116 other species
Protected
tree minimum
trunk size
6” or greater 12” or greater 8” or greater,
depending on
species. Non-
protected trees over
18”
On-site tree
replacement
ratio
At least 1:1, subject to
city discretion
1:1 2:1 up to 12:1,
depending on size
of removed tree
On-site tree
replacement
size
Typically 24” box, but
not codified
requirement
24” box to 48” box
depending on size of
removed tree
15-gallon to 36”
box, depending on
size of removed
tree
In lieu fee Value of removed
tree OR cost for city
to plant replacement
in city-owned land
$354, $706, $3,600
depending size of
removed tree
Appraised value of
removed tree
(typically $500 -
$40,000)
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Post-project
Monitoring
None after initial
planting inspection
None after initial
planting inspection
Fee paid for Code
Compliance to
inspect annually for
five years
In La Cañada Flintridge, more classes of trees are protected. Eight native oak and sycamore species are protected citywide if their trunks measure at least 12” thick and are located in a R-1 Single Family Residential Zone. Deodar cedars of at least 12” trunk size are protected in one specific Historic District only if they are located within 20’ of a road.

Finally, any tree more than five feet tall in a non-R-1 Single Family Residential Zone is protected.

If any protected tree is approved for removal, La Cañada Flintridge specifies a 1:1 replacement ratio. If the removed tree is larger, a larger replacement tree is required, from 24” up to 48” box size. If trees cannot be planted on site, in lieu fees are equal to the cost of a replacement tree based on those same size determinations. Fees range from $350 to $3,600 for the largest trees. La Cañada Flintridge’s protection of cedars is very limited in scale, and further exempts the majority of the city from any additional non- native tree protection with its R1 carve-out.

Finally, Pasadena has the most protected trees of the three cities. 13 species of native trees are protected when over 8” in trunk size, and another 116 species of trees are protected when of a mature size, ranging from 8” for the smallest trees and 35” for the largest. When protected trees are approved for removal, Pasadena also follows replacement ratios. This replacement ratio includes non-protected trees over 18” in trunk size. Pasadena requires anywhere from 2-12 trees per one removed protected tree, depending on tree size and the box size of the replacement tree. Non-protected trees must be replaced by 1-6 trees of any kind when approved for removal, based on the same sizing guidelines. At least half of the required trees must be planted on site.

When the full amount of trees cannot be planted on site, the in lieu fee per tree is equal to the appraised value of the removed tree based on an arborist’s report. Tree values can range from a few hundred dollars to tens of thousands, depending on tree condition, location, and other factors per industry standard tree valuation formulas.

Beyond these two specifically requested comparison cities, staff reviewed the protective tree ordinances of 18 other cities. 10 had no protections for either native or non-native tree species and 4 included limited protections for non-native trees such as for especially large trees or for specific species in historical districts. The most notable examples are shown in Table 3 attached to this report. While these policies vary, staff found Glendale’s ordinance to be fairly consistent with these examples in providing effective protections for native trees using limited in-house resources.

The benefit of Glendale’s current ordinance with regards to replacement of removed protected trees is that it affords flexibility. If a forested lot removes one tree, it makes sense to require a single replacement tree in its place. If the only large tree on a lot is 311 of 455
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removed, staff is able to require additional replacement trees to replace the lost canopy.

Similarly, flexibility on tree species and size is important. All native trees are not always commonly available at nurseries, so this ordinance enables Public Works to require different sizes and species. In addition, larger trees are not always preferred. They are more difficult to care for, require more water, have higher mortality rates, and take longer to become established. Also, because the in lieu fee funds tree planting in adjacent parkways, it is a key tool for Public Works in maintaining Glendale’s native tree canopy.

There is no current process in the ordinance for post-project replacement tree monitoring, which is why staff ensures replacement trees are a planned, site-appropriate and central component of approved Landscape Plans. Finally, staff has previous experience enforcing a more rigid ordinance in Glendale and prefers the flexibility of the current ordinance as it allows for improved customer service.

Adding additional classes of protected trees, or enacting a system such as in Pasadena where ‘non-protected’ tree removals over 18” trunk size require replacement or fees, will require significant staff resources and additional staff dedicated to enforcement in Code Compliance and Planning, in addition to Public Works. It would also prevent staff from implementing common sense mitigation measures tailored to each situation and designed to maximize tree canopy. Therefore, it is Staff’s recommendation to not change the current indigenous tree ordinance to include specific replacement or in lieu fee quantities for these reasons.

STAKEHOLDERS/OUTREACH
Adopting these recommendations will benefit the community by resulting in new tree planting and providing a focus on how Public Works can effectively fill tree canopy gaps in the most impactful and noticeable areas within Glendale. Staff will conduct thorough outreach targeted at those residents and business impacted by specific projects associated with the forestry programs.

FISCAL IMPACT
The targeted tree planting will cost $250,000, which was approved as a part of the FY 2021-22 budget. No new appropriation is being requested at this time. The City Council approved funding is outlined below:

Existing Appropriation
Amount Account String Funding Source
$250,000 GL: 51200-4011-PWD-0020-P0000-
PL: PWD00586AN
Measure S CIP

ENVIRONMENTAL REVIEW
This item is considered a ministerial activity and therefore, not subject to CEQA review.

CAMPAIGN DISCLOSURE
The names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CFO, Subcontractors and any person or entity with more than 10% interest in the company proposed for contract in this Agenda Item Report are listed 312 of 455
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below, in accordance with the City Campaign Finance Ordinance No. 5744.

Officers of West Coast Arborists, Inc.:

Full Name Title Business Address City State Zip
Patrick Mahoney CEO/President 2200 E. Via Burton Anaheim CA 92806 Richard Mahoney Chief Operating
Officer 2200 E. Via Burton Anaheim CA 92806
Rose Epperson Chief Financial
Officer 2200 E. Via Burton Anaheim CA 92806
Ownership Interest in more than 10% in West Coast:

ALTERNATIVES
Alternative 1: Approve a Motion declaring a citywide tree canopy goal of 25% coverage and a Resolution to dispense with competitive bidding and authorize the City Manager, or a designee, to execute an amendment to the City Tree Services contract with WCA to increase the contract amount by $250,000 to incorporate Measure S funded tree planting activities. This will enable the city to clearly state its intent to increase its tree canopy with a one-time tree planting program.

Alternative 2: Take no action, which will result in no additional trees being planted and no citywide canopy goal being adopted.

Alternative 3: Consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION

EXHIBITS / ATTACHMENTS
Table 3: Additional Comparative Private Tree Ordinance Replacement Guidelines Prepared by:

Loren Klick, Urban Forester
Approved by:

Roubik R. Golanian, P.E., City Manager
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MOTION
Moved by Council Member ,
seconded by Council Member , that the Council of
the City of Glendale hereby adopts a 25% citywide tree canopy goal.

Votes as follows:

Ayes:

Noes:

Absent:

Abstain:
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1 RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE,

CALIFORNIA, DISPENSING WITH COMPETITIVE BIDDING AND

AUTHORIZING THE CITY MANAGER OR A DESIGNEE TO AMEND THE CONTRACT WITH WEST COAST ARBORISTS, INC. INCREASING THE NOT TO EXCEED AMOUNT FOR NEW TREE PLANTING AND WATERING GOALS.

WHEREAS, on May 12, 2020, following a Request for Proposals (RFP) process, the City Council approved a resolution dispensing with competitive bidding and authorizing execution of a six-year contract with West Coast Arborists, Inc. (WCA) for $7,056,000 for tree maintenance services; and
WHEREAS, concurrently with this Resolution, the City Council is setting a 25% citywide tree canopy goal which will entail significant planting and watering targets over the next planting season; and
WHEREAS, the Public Works department strategically uses a combination of in-house- staff and contractual tree trimming services to maintain the urban forest consistent with industry best practices; and
WHEREAS, City personnel do not have the capacity to plant such a large number of trees in one planting season, due in part to efforts being focused on responding to resident tree maintenance requests and performing young tree maintenance, and WHEREAS, WCA has demonstrated superior knowledge, qualifications, staffing, project approach, and experience, as well as a lower price; and WHEREAS, West Coast Arborists, Inc. also demonstrated a thorough understanding of important legal and industry issues related to invasive pests, accident reporting and response, and wildlife protection as well as responsive customer service, outreach, and emergency response capabilities; and
WHEREAS, within a City that places great value in its urban forest and faces the unique challenges of a Southern California urban environment, an outside contractor’s corporate philosophy and approach to a project of this size and scope are important factors to consider and difficult factors to quantify; and
WHEREAS, Glendale City Charter, Article VI, Sec. 9 provides an exemption to competitive bidding when the Council determines it is in the best interest of the City to dispense with competitive bidding; and
WHEREAS, given the foregoing findings and facts, it appears that adequate justification exists and it is in the City’s best interest ― upon recommendation of the Director of Public Works ― to (1) dispense with competitive bidding, and (2) authorize the City Manager or a designee to amend the current six-year contract with West Coast Arborists, Inc., to increase the contract amount by $250,000 for a new total amount not to exceed $7,306,000.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 315 of 455
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1. The foregoing facts are deemed to be true and correct, and are a basis for dispensing with competitive bidding.

2. The Council hereby dispenses with competitive bidding and authorizes the City Manager or a designee to amend the contract with West Coast Arborists, Inc., increasing the contract amount by $250,000 for a new not to exceed amount of $7,306,000.

Adopted this _____________ day of __________________________, 2022. ___________________________
Mayor
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____________________
City Clerk

STATE OF CALIFORNIA )
) SS

COUNTY OF LOS ANGELES )
I, Aram Adjemian, City Clerk of the City of Glendale, certify that the foregoing Resolution No. _______________ was adopted by the Council of the City of Glendale, California, at a regular meeting held on the day of , 2022, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
____________________
City Clerk
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Table 3: Additional Comparative Private Tree Ordinance Replacement Guidelines

City and Ordinance Private Tree
Protection (native)
Private Tree
Protection (non-
native)
In Lieu Fee Fee Methodology
City of Los
Angeles: LAMC

46.0; LAMC 62.177
Yes: oaks, sycamore,
bay, and walnut;
specific Heritage
Parks trees
None Per tree; range of
$1945 to $2612. Cost replacement
Pomona: Sec.
.5809-23 Yes: oaks Yes, any tree over
10“ diameter.

Calculated based
on ratio that
replaces the
benefit loss of the
removed trees
using industry
appraisal
standards.

Cost
replacement or
trunk appraisal
method
Santa Clarita:

17.51 Yes, oaks
Yes, non-oak trees
must be approved
for removal during
development.

Fee or box trees
shall be of
equivalent value
to any and all oak
trees removed as
defined by current
industry appraisal
standards; highly
varied.

Trunk appraisal
method
LA County: LACC

22.46.2100 Yes: all native trees None
$2,700 for each
oak removed. Fee
adjusted annually
based on
Consumer Price
Index
Cost
replacement
West Covina: Sec

17.83 Yes: oaks Specific individual
Heritage Trees
Fees up to $2,100,
or donation of a
boxed tree directly
to City.

Trunk appraisal
method
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Receive and File Certification of Signatures on a Petition Received and Verified for a Partial Referendum of Ordinance No. 5974 Authorizing the Execution of a Development Agreement by and between the City of Glendale and Vista Investments, LLC, for development of a hotel at 120 West Colorado Street; Council Consideration of Repeal of Ordinance No. 5974, or Submission to City of Glendale Voters of the Partial Repeal.
1) Motion to Receive and File Certification of Signatures on a Petition and Verified for a Partial Referendum of Ordinance No. 5974
2) Introduction of Ordinance Repealing that part of Ordinance No. 5974 Authorizing the Execution of a Development Agreement by and between the City of Glendale and Vista Investments, LLC;
3) Motion Directing Staff to Prepare Resolutions Necessary to Place the Partial Referendum of Ordinance No. 5974 on the Ballot at the June 7, 2022 General Municipal Election.

COUNCIL ACTION
Item Type: Action Item
Approved for January 18, 2022 calendar

EXECUTIVE SUMMARY
On October 8, 2021, the City Clerk received a Petition for a Partial Referendum of City of Glendale Ordinance No. 5974 which approved a statutory Development Agreement between the City and Vista Investments, LLC, for development of a hotel project at 120 West Colorado Street. The Los Angeles County Clerk has verified and certified that the proponents (Unite Here Local 11, a union representing hotel workers) have met the minimum number of signatures necessary to place the Measure on the ballot. This report presents the Certification of Signatures on the petition for partial referendum to receive and file by Council and provides background and next steps for the City to respond to this referendum. The Council can repeal the part of Ordinance No. 5974 that approves the Development Agreement or place the partial referendum on the ballot at the next general municipal election or at a special election.
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COUNCIL PRIORITIES
Informed and Engaged Community: The circulation and submittal of a referendum petition, and submittal to the voters, reflect and informed and engaged community.

Economic Vibrancy: The approval of the development agreement for the proposed hotel project would support the Economic Vibrancy of the community.

RECOMMENDATION
The Council should consider whether to (i) repeal the part of Ordinance No. 5974 that approves the development agreement for the proposed hotel project at 120 West Colorado Street, or (ii) direct staff to prepare necessary resolutions to place the partial referendum of Ordinance No. 5974 on the ballot for the June 7, 2022 general municipal election.

BACKGROUND
On October 8, 2021, the City Clerk received a Petition for a Partial Referendum of City of Glendale Ordinance No. 5974 which approved a statutory Development Agreement between the City and Vista Investments, LLC, for development of a hotel project at 120 West Colorado Street. Pursuant to California Elections Code section 9237 the total number of required signatures for a Referendum petition is not less than 10% of the total number of registered voters in the City reported by the Secretary of State on the date the petition was submitted. The official registered voter-count for the City of Glendale as listed on the Los Angeles County Registrar Recorder’s last Report of Registration to the Secretary of State dated August 30, 2021 is 113,650. 10% of this amount is 11,365.

On January 6, 2022, the Los Angeles County Registrar-Recorder completed its signature verification of the Referendum petition and provided a certificate, which is attached, stating the following:

The total number of signatures filed were 12,833
The total number of signatures checked were 12,833
The total number of signatures found sufficient were 11,658 The total number of signatures found insufficient were 1,175 The total number of signatures found insufficient because duplicate 41 Pursuant to the California Elections Code, the total number of required signatures have been certified and the Petition is deemed sufficient.

ANALYSIS
A. Adoption of Ordinance No. 5974
Vista Investments, LLC ("Developer") is the owner of the real property located at 120 West Colorado Street, in the City of Glendale, County of Los Angeles, State of California, (the "Site" or "Project Site"). Developer proposes to construct a 130-room hotel in an 81- foot high, six story building located on an approximately 29,500 square foot lot on the 320 of 455
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Property (the "Hotel" or "Project"). On May 22, 2018, the City Council considered entitlements for the Project and determined that: 1) an environmental review had been conducted and that the Project is exempt from further environmental review pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15332 as an "In-Fill Development Project;” 2) the City Council approved the Stage I & II Design Review for the Project; 3) the City Council approved a variance allowing 38% of the required parking to be in a tandem and/or stacked arrangement in lieu of the 25% maximum otherwise applicable; and 4) the City Council approved execution of an Instrument Imposing Covenants - Hotel Incentive, as required by the Downtown Specific Plan (DSP) for projects seeking additional density, stories, height in exchange for providing defined public benefits (collectively, the "Project Approvals"). Pursuant to Chapter 7 of the DSP, applicants using the height and density bonuses must enter into either a statutory development agreement or an instrument imposing covenants with the City to ensure that the City receives the benefits specified in the DSP in exchange for developers receiving additional stories and/or density.

On November 22, 2019, the City administratively approved a one-year time extension of the May 22, 2018 Project Approvals, which because the original approvals were valid for two years, extended the Project Approval validity until May 22, 2021. While the City initially approved execution of an Instrument Imposing Covenants, which is a prerequisite to the issuance of building permits, given the change in circumstances due the significant economic impacts of the COVID-19 pandemic on the hospitality industry, on August 20, 2020, the Developer submitted an application for a development agreement in order to preserve the Project Approvals for a six year term and to freeze the zoning and Development Impact Fees applicable to the Project as of the date the City's Building and Safety Division deems Developer's Project plan check submission as complete. The Development Agreement would also replace the instrument imposing covenants required by the Chapter 7 DSP to preserve the community benefit the project provides in exchange for the DSP incentives the Developer received in the form of .50 additional FAR and two additional stories.

On April 7,2021, the Planning Commission held a public hearing to consider Developer's Development Agreement application and found the proposed Development Agreement to be consistent with the General Plan and the DSP, and in addition to other comments, the Planning Commission recommended the City Council consider reducing the six year Development Agreement term and revise the timing of the Developer's requested Development Impact Fee freeze. Pursuant to Government Code Section 65864 et seq., the Planning Commission transmitted its findings, comments and recommendations on the Development Agreement to the City Council.

On April 20, 2021, the City Council considered, but did not introduce, the ordinance to adopt the proposed Development Agreement, and instead directed staff to continue negotiations with the Developer in order to: 1) reduce the Development Agreement term to three years; 2) not "lock in" the development impact fee structure; and 3) determine if the Developer would agree to collaborate with the City and homeless service providers to identify potential options to provide sheltering opportunities for homeless individuals 321 of 455
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and families at the existing Vagabond Inn prior to construction of the new hotel. Following further discussions with the Developer, the Developer agreed to a three-year term and proposed to lock in the Development Impact Fee payment structure at the time of plan check submission because of certain significant up-front, non-refundable expenditures stemming from the Project's modular construction type. The Developer also agreed to collaborate with the Glendale Homeless Continuum of Care and participate in a Voucher Program whereby the Developer would accept up to five (5) room stay vouchers per night (based on room availability) for program qualified individuals to stay at the existing Vagabond Inn on the Project Site for up to 28 consecutive days at a reduced rate (inclusive of transient occupancy taxes) until December 31, 2021, and to continue to participate thereafter for additional successive six month periods pursuant to an agreement between the parties for Developer following "good faith negotiations" as defined in the Development Agreement.

Due to various public health, safety, and economic impacts from COVID-19 pandemic, the pending expiration of the Project entitlements on May 22, 2021, and due to the City Council's request that staff undertake additional negotiations with the Developer to obtain, among other things, temporary housing vouchers for homeless individuals impacted by the pandemic and other factors, on May 11, 2021, the Development Agreement ordinance was re-introduced as an urgency ordinance so that it could take immediate effect. The Urgency Ordinance contained the Government Code §36937(b) required urgency findings and declarations that the immediate preservation of the public peace, health, and safety required the adoption of an urgency measure.

On May 18, 2021, after having reviewed and considered the Development Agreement and the comments, findings and recommendations of the Planning Commission, the City Council found and determined that the Development Agreement benefits were in the vital and best interests of the City, and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local law, and adopted Urgency Ordinance No. 5967 based on, among other things, project delays stemming from impacts of pandemic, and delay due to negotiations to obtain homeless housing vouchers which vouchers would benefit one of the City's more vulnerable populations especially during the pandemic.

Subsequent to adoption of Urgency Ordinance No. 5967, UNITE HERE Local 11 filed suit challenging the urgency nature of Development Agreement Ordinance based on, among other claims, that the California Constitution authorizes passage of urgency measures except where such measure creates a vested right. In order to cure any possible conflict with applicable law, on October 5, 2021, the City adopted Ordinance No. 5974 on a non- urgency basis approving the proposed Development Agreement in order to preserve the Project entitlements and the Project's other public benefits required by Chapter 7 of the DSP, which public benefits include, among other things, the Developer's agreement to provide homeless housing vouchers. The ordinance specifically stated that it applied retroactively to May 22, 2021, and that it superseded Urgency Ordinance No. 5967 adopted by the City Council on May 18, 2021. The Ordinance provided that retroactivity was necessary to preserve the Development Agreement's community benefits required 322 of 455
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by Chapter 7 of the DSP, which community benefits include, but are not limited to, transient occupancy tax, addition of new construction and operational jobs at the hotel, contribution to the diversity of temporary housing options for Glendale business travelers and visitors, and provision of temporary homeless housing vouchers to Glendale's vulnerable homeless population, especially during the COVID-19 pandemic, which vouchers will connect homeless individuals to additional support services.

B. Partial Referendum Against Ordinance No. 5974.

On October 8, 2021, the Olson Remcho law firm submitted a Partial Referendum of Ordinance 5974, on behalf of their client Unite Here Local 11, a Southern California labor union representing hotel workers. The Impartial Summary of the Partial Referendum stated in part:

A Yes vote on this Measure enacts all of Ordinance No. 5974, approving a development agreement by and between the City of Glendale and Vista Investments, LLC, authorizing construction of a new six-story hotel at 120 West Colorado Street. A No vote on this Measure rejects the previously described development agreement by enacting only that portion of the Ordinance No. 5974 superseding Urgency Ordinance No. 5967 and rejecting that portion of Ordinance No. 5974 approving the development agreement.

This Measure applies only to the portion of Ordinance No. 5974 retroactively approving Vista’s development agreement to May 22, 2021. It does not apply to the portion superseding Urgency Ordinance No. 5967. As such, a majority No vote on this Measure would supersede Urgency Ordinance No. 5967 with a version of Ordinance No. 5967 that does not approve Vista’s development agreement. A No vote on this Measure is a vote to reject Vista’s development agreement.

C. Next Steps.

The California Elections Code provides that if a referendum petition containing the signatures of not less than 10% of the registered voters of the city is submitted, the ordinance that is the subject of the petition is suspended and the City Council shall reconsider the ordinance. If the City Council “does not entirely repeal the ordinance against which the petition is filed, the legislative body shall submit the ordinance to the voters, either at the next regular municipal election occurring not less than 88 days after the order of the legislative body, or at a special election called for the purpose, not less than 88 days after the order of the legislative body.” Elections Code § 9241.

The ordinance that is the subject of a referendum is automatically suspended once the referendum petition qualifies. The City Clerk must transmit a Certificate of Sufficiency to the City Council at the next regular Council meeting. (Elections Code § 9237; Elections Code § 9240; Elections Code § 9114.) The council is not required to take any action 323 of 455
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immediately, but the ordinance remains suspended.

Eventually, however, the Council must either repeal the ordinance, or place the measure on the next regular municipal election, or call a special election to consider the ordinance. (Elections Code § 9241; Elections Code § 1410.) If the Council chooses to repeal the ordinance, it may not later enact the same ordinance, although the Council is not barred from legislating on the same subject as the repealed ordinance. (Rubalcava v. Martinez (2007) 158 Cal.App.4th 563.).) Failure to repeal the ordinance or call a special election will result in the measure appearing on the ballot at the next regular City election.

The City’s next regular municipal election is on June 7, 2022; therefore, if the City Council chooses to submit Ordinance No. 5974 to the voters it may do so during that election.

The deadline to place the referendum on the June 7, 2022 ballot is Friday, March 11, 2022.

Here the referendum proposes only a partial repeal of Ordinance No. 5974. If the City Council chooses not to repeal the part against which the petition is filed, then the ordinance must be submitted to the voters.

STAKEHOLDERS/OUTREACH
Not required.

FISCAL IMPACT
Repealing a part of Ordinance No. 5974 by itself would have no direct fiscal impact on the City. However, loss of the project will result in loss of new property taxes, transient occupancy taxes, and fees. Specifically, the developer originally estimated a project cost of $22.0M. Based on the estimated construction costs, the project would initially generate $29,900 in annual property tax to the General Fund. Additionally, the project would pay an in lieu Art Fee of approximately $220,000, school fees in the amount of $49,600, and approximately $397,000 in building permit/plan check fees. The project would generate about $1.0M to $1.1M in gross annual transient occupancy taxes upon Project stabilization. Adding a ballot measure to the June 7, 2022 election would result in the City incurring an estimated additional cost of approximately $32,000.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
This action has no likelihood to result in an environmental impact, and as such qualifies as a common sense exemption of the California Environmental Quality Act.

CAMPAIGN DISCLOSURE
The campaign disclosure form is attached.

ALTERNATIVES
1) Introduce the Ordinance Repealing that part of Ordinance No. 5974 Authorizing the Execution of a Development Agreement by and between the City of Glendale and Vista Investments, LLC
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2) Not introduce the Ordinance Repealing that part of Ordinance No. 5974 Authorizing the Execution of a Development Agreement by and between the City of Glendale and Vista Investments, LLC, which will result in the Measure automatically being placed on the June 7, 2022 municipal election ballot;
3) Adopt the Motion Directing Staff to Prepare Resolutions Necessary to Place the Partial Referendum of Ordinance No. 5974 on the Ballot at the June 7, 2022 General Municipal Election.
4) Call a special election instead of placing the matter on the June 7, 2022 municipal election ballot;

ADMINISTRATIVE ACTION
Prepared by:

Aram Adjemian, City Clerk
Gillian van Muyden, Chief Assistant City Attorney
Lucy Varpetian, Senior Assistant City Attorney
Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
January 6, 2022, Certificate of the Verification of Signatures of Los Angeles County Registrar-Recorder of the Referendum Petition; Campaign Disclosure Form 325 of 455
c:\inetpub\wwwroot\glendale\temp\cc_01182022_motion_8f1.pdf

M O T I O N
Moved by Council Member , and seconded by Council Member, , that the City Council of the City of Glendale hereby receives and files the Los Angeles County’s Certification of Signatures on a Petition and Verified for a Partial Referendum of Ordinance No. 5974, as same is attached to the Report to Council, dated January 18, 2022, from the City Clerk.

Vote as follows:

Ayes:

Noes:

Absent
Abstain:
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ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF GLENDALE AUTHORIZING THE PARTIAL REPEAL
OF ORDINANCE NO. 5974 THAT AUTHORIZED EXECUTION OF A

DEVELOPMENT AGREEMENT BY AND BETWEEN THE

CITY OF GLENDALE AND VISTA INVESTMENTS, LLC
WHEREAS, Vista Investments, LLC ("Developer") is the owner of certain real property located at 120 West Colorado Street, in the City of Glendale, County of Los Angeles, State of California, (the "Site" or "Project Site"); and WHEREAS, Developer proposed to construct a 130-room hotel in an 81-foot high, six story building located on an approximately 29,500 square foot lot on the Property (the "Hotel" or "Project") and on May 22, 2018, the City Council determined that the Project was exempt under CEQA Guidelines section 15332 as an "In-Fill Development Project”; approved the Stage I & II Design Review and a variance allowing 38% of the required parking to be in a tandem and/or stacked arrangement in lieu of the 25% maximum otherwise applicable; and the City Council approved execution of an Instrument Imposing Covenants - Hotel Incentive, as required by the Downtown Specific Plan (“DSP”) for projects seeking additional density, stories, height in exchange for providing defined public benefits (collectively, the "Project Approvals"); and WHEREAS, on November 22, 2019, the City administratively approved a one-year time extension of the May 22, 2018 Project Approvals, which extended the Project Approval validity until May 22, 2021; and
WHEREAS, due the significant economic impacts of the COVID-19 pandemic on the hospitality industry, on August 20, 2020, the Developer submitted an application for a development agreement in order to preserve the Project Approvals for a six-year term and to freeze the zoning and Development Impact Fees applicable to the Project as of the date the City's Building and Safety Division deems Developer's Project plan check submission as complete; and
WHEREAS, the Development Agreement was to replace the instrument imposing covenants required by the Chapter 7 DSP to preserve the community benefit the project provides in exchange for the DSP incentives the Developer received in the form of .50 additional FAR and two additional stories; and
WHEREAS, on April 7,2021, the Planning Commission held a public hearing to consider Developer's Development Agreement application and found it consistent with the General Plan and the DSP, and in addition to other comments, and in compliance with Government Code Section 65864 et seq., the Planning Commission recommended the City Council consider reducing the six-year Development Agreement term and revise the timing of the Developer's requested Development Impact Fee freeze, and transmitted its findings, comments and recommendations on the Development Agreement to the City 327 of 455
Council; and
WHEREAS, on April 20, 2021 the City Council considered, but did not introduce, the ordinance to adopt the proposed Development Agreement, and instead directed staff to continue negotiations with the Developer in order to reduce the Development Agreement term to three years; not "lock in" the development impact fee structure; and determine if the Developer would agree to collaborate with the City and homeless service providers to identify potential options to provide sheltering opportunities for homeless individuals and families at the existing Vagabond Inn prior to construction of the new hotel; and
WHEREAS, the Developer agreed to a three-year term and proposed to lock in the Development Impact Fee payment structure at the time of plan check submission; to collaborate with the Glendale Homeless Continuum of Care and participate in a Voucher Program whereby the Developer would accept up to five (5) room stay vouchers per night (based on room availability) for program qualified individuals to stay at the existing Vagabond Inn on the Project Site for up to 28 consecutive days at a reduced rate (inclusive of transient occupancy taxes) until December 31, 2021; and to continue to participate thereafter for additional successive six month periods pursuant to an agreement between the parties for Developer following "good faith negotiations" as defined in the Development Agreement; and
WHEREAS, due to various public health, safety, and economic impacts from COVID-19 pandemic, the pending expiration of the Project entitlements on May 22, 2021, and City Council's request that staff undertake additional negotiations with the Developer, on May 11, 2021, the Development Agreement ordinance was re-introduced as an urgency ordinance; and
WHEREAS, the Urgency Ordinance contained the Government Code §36937(b) required urgency findings and declarations that the immediate preservation of the public peace, health, and safety required the adoption of an urgency measure; and WHEREAS, on May 18, 2021, the City Council adopted Urgency Ordinance No. 5967 approving the Development Agreement, based on, among other things, project delays stemming from impacts of pandemic, and delay due to negotiations to obtain homeless housing vouchers which vouchers would benefit one of the City's more vulnerable populations especially during the pandemic; and WHEREAS, after the Urgency Ordinance No. 5967 was adopted, UNITE HERE Local 11 filed suit challenging the urgency nature of Development Agreement Ordinance; and
WHEREAS, in order to cure any possible conflict with applicable law, on October 5, 2021, the City adopted Ordinance No. 5974 on a non-urgency basis approving the proposed Development Agreement retroactively to May 22, 2021 in order to preserve the Project entitlements and the Project’s other public benefits required by Chapter 7 of the 328 of 455
DSP;
WHEREAS, Ordinance No. 5974 specifically stated that it applied retroactively to May 22, 2021, and that it superseded Urgency Ordinance No. 5967 the City Council adopted on May 18, 2021; and additionally stated that the retroactivity was necessary to preserve the Development Agreement’s community benefits required by Chapter 7 of the DSP, which community benefits include transient occupancy tax, new construction and operational jobs at the hotel, contribution to the diversity of temporary housing options for Glendale business travelers and visitors, and provision of temporary homeless housing vouchers to Glendale's vulnerable homeless population, especially during the COVID-19 pandemic, which vouchers connect homeless individuals to additional support services; and
WHEREAS, on October 8, 2021, three days after Ordinance No. 5974 adoption, the law firm of Olson Remcho submitted a Partial Referendum of Ordinance No. 5974, on behalf of their client Unite Here Local 11, a Southern California labor union representing hotel workers, which partial referendum stated that a yes vote would enact all of Ordinance No. 5974, approving a development agreement by and between the City of Glendale and Vista Investments, LLC, and authorize construction of a new six-story hotel at 120 West Colorado Street, which a no vote would reject the development agreement by enacting only that portion of the Ordinance No. 5974 that supersedes Urgency Ordinance No. 5967 and rejecting that portion of Ordinance No. 5974 approving the development agreement; and
WHEREAS, the referendum proponent’s Impartial Analysis also stated that the measure applies “…only to that portion of Ordinance No. [5974] retroactively approving Vista’s development agreement to May 22, 2021. It does not apply to the portion superseding Urgency Ordinance No. 5967. As such, a majority no vote on this Measure would supersede Urgency Ordinance No. 5967 with a version of Ordinance No. [5967] that does not approve Vista’s development agreement. A No vote on this Measure is a vote to reject Vista’s development agreement”; and
WHEREAS, the California Elections Code provides that if a referendum petition containing the signatures of not less than 10% of the registered voters of the city is submitted, the ordinance that is the subject of the petition is suspended and the City Council shall reconsider the ordinance; and
WHEREAS, the official registered voter-count for the City of Glendale as listed on the Los Angeles County Registrar Recorder’s last Report of Registration to the Secretary of State dated August 30, 2021 is 113,650, 10% of which is 11,365; and WHEREAS on January 6, 2022, the Los Angeles County Registrar-Recorder completed its signature verification of the Referendum petition and provided a certificate that verified the total number of signatures filed and checked was 12,833, that 11,658 signatures were found sufficient, and 1,175 were found insufficient, that 41 duplicate signatures were found insufficient, and that pursuant to the California Elections Code the 329 of 455
total number of required signatures have been certified and the Petition is deemed sufficient, and
WHEREAS, now that the referendum petition has qualified, Ordinance No. 5974 is automatically suspended; and
WHEREAS, pursuant to Elections Code § 9241, if the City Council “does not entirely repeal the ordinance against which the petition is filed, the legislative body shall submit the ordinance to the voters, either at the next regular municipal election occurring not less than 88 days after the order of the legislative body, or at a special election called for the purpose, not less than 88 days after the order of the legislative body”; and WHEREAS, pursuant to the Elections Code the City Clerk has transmitted to the City Council a Certificate of Sufficiency at its next regular Council meeting following the County’s certification (Elections Code § 9237; Elections Code § 9240; Elections Code § 9114); and
WHEREAS, while the City Council is not required to act immediately on a repeal, the Council must eventually either repeal the ordinance (part thereof against which the petition was filed), or place the measure on the next regular municipal election, or call a special election to consider the ordinance. (Elections Code § 9241; Elections Code § 1410.); and
WHEREAS, if the City Council chooses to submit Ordinance No. 5974 to the voters it may do so at the next regular municipal election scheduled for June 7, 2022, with Friday, March 11, 2022 being the last day to place the measure on the ballot, and WHEREAS, if the City Council fails to repeal the ordinance or call a special election, the measure will appear on the ballot at the next regular City election on June 7, 2022; and
WHEREAS, having considered all the options concerning a response to the certification, the City Council has chosen to partially repeal that portion of Ordinance No. 5974 the measure seeks to repeal.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA:

SECTION 1. Based on the above recitals which are incorporated herein by this reference, and based on the review of all materials and testimony related to the Development Agreement application and in considerations of Unite Here Local 11’s actions subsequent to the City Council’s adoption of Urgency Ordinance No. 5967, the City Council hereby repeals that part of Ordinance No. 5974 that approves the Development Agreement.
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SECTION 2. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as a whole or any remaining provisions hereof. The City Council of the City of Glendale hereby declares that it would have adopted this Ordinance despite any partial invalidity of its provisions.

SECTION 3. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 4. This Ordinance shall be effective 30 days after the date of adoption.

Passed and adopted this ______ day of ______________, 2022. ________________________________
Mayor
ATTEST:
______________________________
City Clerk

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STATE OF CALIFORNIA )
) SS

COUNTY OF LOS ANGELES )
I, ARAM ADJEMIAN, City Clerk of the City of Glendale, certify that the foregoing Urgency Ordinance No. ________ was adopted by the Council of the City of Glendale, California, at a regular meeting held on the __________ day of ________________, 2022, and that same was adopted by the following vote:

Ayes:

Noes:

Absent:

Abstain:
__________________________________
City Clerk
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CC_01182022_Motion_8f3.pdf

M O T I O N
Moved by Council Member , and seconded by Council Member, _________________, that the City Council of the City of Glendale hereby directs staff to prepare resolutions necessary to place the Partial Referendum of Ordinance No. 5974 on the Ballot for the June 7, 2022 General Municipal Election.

Vote as follows:

Ayes:

Noes:

Absent
Abstain:
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334 of 455

Page 1 of 3 ends

City of Glendale, Community Development Department (9/9/11)

(To be Completed Prior to Preparation of Staff Reports for Consideration of Entitlement Matter by Council, Agency, or Authority, or at Time of Appeal to the City Council if the Applicant is also the Appellant)

In August 2011, the Glendale City Council adopted Ordinance No. 5744, which becomes effective on September 9, 2011 (“Ordinance”). The Ordinance prohibits campaign contributions from “applicants seeking entitlement,” their contractors and subcontractors (including their architects, engineers, and design professionals) while the application is “pending” and for 12 months thereafter. The Ordinance also prohibits Council Members from voting on any matter pertaining to an entitlement if the Council member has received a campaign contribution from the applicant seeking the entitlement, or certain contractors or subcontractors of the applicant, within the 12-month period preceding the vote.

The Applicant and the Owner/Lessor hereby discloses as follows.

(If printing, please print legibly. Use additional sheets as necessary.)

I. Name of Applicant and Name of Owner/Lessor on whose behalf application is filed:

Full Name Title Business Address City State Zip

City of Glendale
Disclosure - Campaign Finance Ordinance
Applicants Seeking Entitlement

Submit to Permit Services Center, 633 E. Broadway, Rm. 101.

For more information, call 818-548-3200.
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Page 2 of 3 ends

City of Glendale, Community Development Department (9/9/11) II. Officers or owners/investors of Applicant Entity. Please also disclose the following persons or entities related to the applicant entity: CEO/President, Chairperson, Chief Operations Officer, Chief Financial Officer, any member of the Board of Directors, a nd any individual or entity that owns 10% or more the contractor of applicant seeking entitlement, as well as any campaign + Full Name Title Business Address City State Zip

III. Contractor of Applicant(s) Seeking Entitlement*

Full Name Title Business Address City State Zip

* “Contractor of Applicant Seeking Entitlement” means “a person who has, or has been promised, a contract as an architect, design professional, engineer, or general or prime contract with an applicant seeking entitlement. “Contractor of applicant seeking entitlement,” includes not only the contracting party but also the CEO/President, Chairperson, Chief Operations Officer, Chief Financial Officer, any member of the Board of Directors, and any individual or entity that owns 10% or more the contractor of applicant seeking entitlement, as well as any campaign committee that is sponsored and controlled by the contracting party.

Please list the names and addresses of all of these parties.

IV. Subcontractor of Applicant(s) Seeking Entitlement**

Full Name Title Business Address City State Zip

** “Subcontractor of Applicant Seeking Entitlement” means “a person who has, or has been promised, a subcontract as an architect, design professional, engineer, or perform other work with a ‘contractor an applicant seeking entitlement.” 336 of 455

Page 3 of 3 ends

City of Glendale, Community Development Department (9/9/11) “Subcontractor of applicant seeking entitlement,” includes not only the subcontracting party, but also the CEO/President, Chairperson, Chief Operations Officer, Chief Financial Officer, any member of the Board of Directors, and any individual or entity that owns 10% or more the subcontractor of applicant seeking entitlement, as well as any campaign committee that is sponsored and controlled by the subcontracting party. Please list the name and addresses of all of these parties.

V. Disclosure. The Applicant Seeking Entitlement has made campaign or officeholder contributions in the preceding 12 months to City of Glendale elected officials as follows:

Elected Official Name of Individual or Entity Date of Contribution

I hereby certify, on behalf of the above-named applicant(s) and owner(s)/lessor(s), that the applicant seeking entitlement has made the campaign contributions as set forth above. I also certify that the names of all contractors of applicant and all subcontractors of applicant, as of today’s date, are fully set forth above. I further acknowledge that the applicant has a continuing obligation to update this disclosure form if the applicant selects additional or substitute architects, design professionals, contractors or subcontractors within ten (10) days of the selection or change. I hereby certify that I have been legally authorized by the applicant/owner/lessor to submit this disclosure form and certify to the content hereof.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on ___________________ at _____________________________, California

Applicant’s Signature_____________________________, Print Applicant’s Full Name ___________________________________

Applicant’s Address _____________________________________________________________________

Applicant’s Contact Phone Number ________________________________________________________

Applicant’s Email Address _______________________________________________________________ 337 of 455

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Extension of Interim Urgency Ordinance Regarding Senate Bill 9 Housing Development and Lot Split Projects and Senate Bill 478 Floor Area Ratio Standards

1. Introduction of Interim Urgency Ordinance of the Council of the City of Glendale, California, Extending By Ten Months and Fifteen Days Ordinance No. 5981 Establishing Interim Standards and Ministerial Processes for Reviewing and Approving Eligible SB 9 Projects and Setting Minimum SB 478 Floor Area Ratio Standards for Certain Multi-Family Housing Development Projects.

COUNCIL ACTION
Item Type: Public Hearing
Approved for January 18, 2022 calendar

EXECUTIVE SUMMARY
On December 14, 2021, the City Council adopted Ordinance No. 5981, an interim urgency ordinance establishing interim standards and ministerial processes for reviewing and approving eligible SB 9 projects and setting minimum SB 478 Floor Area Ratio standards for certain multi-family housing development projects. This interim ordinance expires 45 days from the date of adoption (January 28, 2022), unless extended prior to that date.

Additional time is necessary to draft a permanent ordinance through public hearings before Planning Commission and City Council. Exhibits 1 and 2, attached for reference, are Ordinance No. 5981 and the Report to Council dated December 7, 2021.

COUNCIL PRIORITIES
Safe and Healthy Community: Adoption of an ordinance extending the interim urgency ordinance containing an application process, as well as objective zoning, subdivision and design standards for SB 9 projects will ensure the orderly development of housing in the City and contribute to the Council’s goal of ensuring houses are safe, free from blight, and conform to the City’s design and development standards.

Balanced, Quality Housing: The development of high quality housing is an important goal, especially with respect to providing housing opportunities to all segments of the population. An extension of the interim urgency ordinance setting forth objective zoning, subdivision and design standards for SB 9 projects will promote housing development consistent with the Council’s goal of providing a balanced mix of housing opportunities. 338 of 455
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RECOMMENDATION
That the City Council introduce and adopt an urgency ordinance extending the 45-day urgency ordinance related to interim objective zoning, subdivision and design standards and processes for ministerial review and approval of eligible SB 9 projects; and floor area ratio amendments necessitated by SB 478, for an additional ten months and fifteen days.

BACKGROUND
Senate Bill 9
SB 9, known as the California Housing Opportunity and More Efficiency (HOME) Act, has been dubbed by many commentators as the law that will “end single family zoning in California.” SB 9 allows a property owner to build two units and/or subdivide an existing single-family-zoned parcel into two parcels. SB 9 adds sections 65852.21 and 66411.7 to the Government Code, and requires cities and counties to ministerially approve a housing development containing no more than two residential units (duplex) on a single parcel in single-family zones (“two-on-a-lot” projects). The bill also requires a city to ministerially approve an urban lot split, creating two independent lots that may be sold separately. A property owner able to meet SB 9’s requirements could potentially combine the two provisions of SB 9 to split one existing lot into two and then build two residential units on each new lot, resulting in four residential units where only one was allowed before. To be eligible for an SB 9 project, a parcel must meet a specific list of qualifications, discussed below.

A local agency may enact objective zoning, subdivision and design review standards, provided such objective standards do not preclude the construction of either of the two units being at least 800 square feet in floor area. Similar to state ADU/JADU legislation, no setbacks are required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. In other circumstances, the local agency may require four-foot interior (side and rear) yard setbacks. Parking of no more than one space per dwelling unit (with no requirement that this be either covered or uncovered parking)1 is allowed, except no parking may be required for projects:
Within a half-mile walking distance of a high-quality transit corridor or a major transit stop; or
Within one block of car share.

Moreover, a local agency is not required to permit an ADU/JADU on parcels that take advantage of both the “two-on-a-lot” and lot split provisions.

A local agency may deny a SB 9 housing development project if the building official makes written findings that the project would create a “specific adverse impact” upon public health and safety or the physical environment that there is no way to mitigate or avoid, a heightened standard to meet. A “specific adverse impact” means a “significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.”
Additional local agency-applicable regulations include:
The rental of any unit created must be for a term longer than 30 days; The California Coastal Act still applies, except that no public hearing is required for Coastal Development Permits for housing developments pursuant to SB 9; 1 State law governing accessory dwelling units specifies that in instances where parking is required, a local agency may not require more than one space per accessory dwelling unit and that this requirement may be satisfied through “tandem parking on a driveway”. (Gov’t Code § 65852.2(a)(1)(D(x)(I))). State law governing SB 9 housing developments is silent as to whether a local agency may require applicable parking requirements to be satisfied through covered parking (i.e., through construction of a garage), but if a garage is required for a SB 9 housing development under Glendale’s Ordinance no design review could be conducted on the garage.
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A local agency may not reject housing solely on the basis that a project proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

If these criteria are satisfied, the city must approve the project ministerially (i.e., without discretionary review or hearings). Projects approved ministerially are not subject to the California Environmental Quality Act (CEQA) and cannot be required to obtain any discretionary approvals such as design review.

SB 9 Lot Split Projects
In addition to permitting two units on a single family lot, the proposed legislation would allow qualifying lot splits to be approved ministerially pursuant to a parcel map, upon meeting a number of criteria, including many of the same criteria for the two units described above. Additional criteria include the following:
Each parcel must be at least 40 percent of the original parcel's size; Each parcel must be at least 1,200 square feet in lot size unless the local agency permits smaller lot size per ordinance;
There cannot be a sequential lot split on the same parcel, nor can there be a lot split if the owner of the parcel being subdivided (or someone working in concert with that owner) has subdivided an adjacent parcel pursuant to this lot split legislation;
No right-of-way dedication or off-site improvement may be required; The parcel must be limited to residential use;
An affidavit that the applicant intends to use one of the housing units as a principal residence for at least three years from the date of approval is required; The local agency shall not require a condition that requires correction of nonconforming zoning conditions;
For each parcel created through this legislation, a local agency is not required to permit more than two dwelling units on a parcel.

A local agency may require, as conditions of approval:
Easements for public services and facilities;
Access to the public right-of-way;
Objective subdivision standards.

Senate Bill 478
SB 478 prohibits the City from imposing a floor area ratio (FAR) of less than 1.0 for a housing development project (comprised solely of residential units, a mixed-use development with at least two-thirds of the square footage attributed to residential uses or transitional or supportive housing as defined in the Housing Accountability Act) consisting of three to seven units and a FAR of less than 1.25 for a housing development project consisting of 8 to 10 units. Additionally, the City may not deny a housing development project located on an existing legal parcel solely on the basis that the lot 341 of 455
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area does not meet the requirement for minimum lot size. To qualify, a project must consist of 3 to 10 units in a multifamily residential zone or mixed-use zone in an urbanized area and cannot be within a single-family zone or within a historic district. SB 478 also makes any private development CC&R void and unenforceable if it effectively prohibits or unreasonably restricts an eligible FAR, as authorized under the new FAR standards as summarized above (and now found in Government Code Section 65913.11).

ANALYSIS
Extension of Urgency Ordinance
The urgency ordinance adopted on December 14, 2021 is valid for 45 days, and expires on January 28, 2022, unless extended by the Council. State law requires the City Council to issue a written report at least ten days prior to the expiration of the urgency ordinance that describes the measures taken to alleviate the condition that led to the urgency ordinance, and this Report serves this purpose. Staff is presently researching SB 9 ordinances being prepared by other cities, evaluating objective design and subdivision standards, as well as analyzing local data related to slopes greater than 50% which may have an impact upon safety. Therefore, staff recommends that the term of Ordinance No. 5981 be extended for a period of ten months, fifteen days from January 28, 2022 (to December 13, 2022) for a total effective date of one (1) year. With Council’s approval of the urgency ordinance extension, staff will continue to work to create a permanent ordinance addressing SB 9 housing development projects and SB 478 minimum floor area ratio standards for certain multi-family housing development projects.

State law (CA Govt. Code Section 65858) and the City’s charter allow for the adoption of urgency ordinance to prohibit any uses that may pose an impact upon the public’s health, safety and welfare. The initial urgency ordinance which was effective for 45 days, may be extended up to 10 months and 15 days if the Council finds that there is a current and immediate threat to the public health, safety or welfare, and that the lack of local criteria for review of SB 9 housing development projects would result in that threat. During the 10 month and 15-day extension, staff will further research the issues associated with SB 9 and SB 478 housing development projects and propose a permanent ordinance.

Since staff continues to receive numerous inquiries regarding SB 9 housing development projects in the City of Glendale and the State criteria are inadequate, there currently remains a threat to public health, safety or welfare. In addition, without a local ordinance in place that complies with Government Code Section 65852.21 and 66411.7 as adopted by Senate Bill No. 9 (effective January 1, 2022), development standards for SB 9 housing development projects will be without objective design and subdivision standards which would allow for SB 9 units to potentially develop larger than 800 square feet and SB 9 lot splits to develop haphazardly than what is permitted by the urgency ordinance. Until ongoing research is completed and proposed permanent standards vetted by Planning Commission are presented to Council for consideration, there remains a threat to public health, safety or welfare without the urgency ordinance in place. 342 of 455
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Urgency Ordinance (Ordinance No. 5981)
On December 14, 2021, Council adopted Ordinance No. 5981, an urgency ordinance related to interim objective zoning, subdivision and design standards and processes for ministerial review and approval of eligible SB 9 projects; and floor area ratio amendments necessitated by SB 478. Among other provisions, the urgency ordinance includes the following provisions:
Limitation on the two new units to a maximum of 800 square feet; Counting an existing or proposed ADU/JADU as a “unit”; Requiring payment of City’s regular development impact fee for multi-family units; Requiring projects to adhere to objective design standards such as height/stories, setbacks (to the extent allowed to be regulated), roof form, location (e.g. outside front/street-side setback), and others, in order to produce the least impactful high quality design;
Mandating and enforcing owner-occupancy requirements to the fullest extent permitted by law.

The Ordinance contains additional requirements for SB 9 lot splits, as follows:
Requires lots to front a dedicated and improved public or private street; New lot lines shall be at right angles adjacent to the street frontage; A minimum lot width of 12 feet (consistent with existing driveway standards for a flag lot); and
Prohibits lots with double frontage (except on corner lots).

Provisions related to shared driveways and parking include:
Requirement for parking to share the driveway with the existing residence and prohibits adding an additional separate driveway (exception for when adjacent to an alley);
Requirement that development of a SB 9 housing development on vacant land share a singular driveway.

Other miscellaneous provisions:
Prohibits a parcel with a SB 9 unit from also having a guest house; Prohibits the location of new construction or any addition for a SB 9 unit between an existing or proposed residential dwelling and the street front or street side setback, and
Requirement for a covenant for a SB 9 housing development for reciprocal use agreements to allow for cross-access, cross-drainage, utilities services and parking.

Objective design standards have been developed that govern height and massing, including roof forms and breaks in volume, as well as exterior materials for walls and roofs.

The Ordinance states that ADUs/JADUs are not permitted on a parcel that applies for 343 of 455
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both a SB 9 housing development and SB 9 lot split.

The Ordinance establishes a procedure for the Building Official to make findings of denial of a SB 9 project. In addition to existing written public health or safety standards, policies or conditions, the Ordinance contains additional standards for potential historic resources (those not listed/designated and those not surveyed as eligible, and thus not part of the State Historic Resources Inventory) that allows the Building Official to deny a SB 9 project if there exists substantial evidence that the project will have a substantial adverse effect on a potential resource the City determines to be a historic resource.

In addition to the above SB 9 standards, the Interim Urgency Ordinance also modifies floor area ratios for certain qualifying projects under SB 478.

STAKEHOLDERS/OUTREACH
Not applicable.

FISCAL IMPACT
The fiscal impact associated with introduction and adoption of an extension of the interim urgency ordinance setting forth a process (including fees and application requirements) for review and approval of SB 9 projects will depend on the number of SB 9 project applications received, and is difficult to predict. Additional revenue in the form of application/permit fees and development impact fees could be realized from SB 9 housing development or lot split proposals.

ENVIRONMENTAL REVIEW
The proposed interim ordinance extension is not a project under CEQA because it implements the provisions of Government Code Sections 65852.21 and 66411.7 and pursuant to Government Code Sections 65852.21(j) and 66411.7(n), is therefore not a project under Division 13 (commencing with Section 21000) of the Public Resources Code. Additionally, the proposed interim ordinance is exempt from CEQA review because it implements the provisions of Government Code Section 65913.11 and is therefore: (1) exempt from further environmental review under the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations (“CEQA Guidelines”) Section 15305 (minor alterations to land use limitations), Class 5 Exemption, as the Ordinance will allow a slightly more generous floor area ratio than currently allowed in certain zones, but the Ordinance will not allow for or encourage any more density or development than is already anticipated under the City’s existing General Plan and as regulated by existing zoning, or otherwise allow for or promote physical changes in the environment; (2) exempt from further environmental review under CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the Ordinance will allow a slightly more generous floor area ratio than currently allowed in certain zones, but the Ordinance will not allow for or encourage any more density or development than is already anticipated under the City’s existing General Plan and as regulated by existing zoning, or otherwise allow for or promote physical changes in the environment, and therefore, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment; and (3) not intended to 344 of 455
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apply to specifically identified housing development projects and as such it is speculative to evaluate any such future project now. Moreover, the Ordinance is not intended to, nor does it, provide CEQA clearance for future development-related projects by mere establishment of a slightly more generous floor area ratio in certain zones; any such projects subject to the Ordinance will be subject to appropriate environmental review at such time as approvals for those housing projects are considered. Each of the foregoing provides a separate and independent basis for CEQA compliance and, when viewed collectively, provides an overall basis for CEQA compliance.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES
Alternative 1: Adopt the Ordinance to extend the Interim Urgency Ordinance an additional 10 months and 15 days regarding processes and objective zoning, subdivision and design standards for SB 9 projects, as well as revised floor area ratio standards for certain SB 478 projects.

Alternative 2: Do not adopt an Ordinance extending the Interim Urgency Ordinance, which would allow Ordinance No. 5981 to expire, and instead allow SB 9 and SB 478 housing development projects subject to the criteria established by the State while local standards are established with permanent amendments to Titles 16 and 30 of the Glendale Municipal Code. This would have the effect of SB 9 housing development projects being allowed without objective design and subdivision standards allowing for SB 9 units to potentially develop larger than 800 square feet and SB 9 lot splits to develop more haphazardly than what is permitted by the urgency ordinance.

Alternative 3: Any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Prepared by:

Kristen Asp, AICP, Principal Planner
Yvette Neukian, Senior Assistant City Attorney
Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS / ATTACHMENTS
Exhibit 1: Urgency Ordinance 5981;
Exhibit 2: Council Report dated December 7, 2021.
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1 ORDINANCE NO. _______

AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA EXTENDING ORDINANCE NUMBER 5981, ESTABLISHING INTERIM

STANDARDS AND MINISTERIAL PROCESSES FOR REVIEWING AND
APPROVING ELIGIBLE SB 9 PROJECTS AND SETTING MINIMUM SB 478 FLOOR

AREA RATIO STANDARDS FOR CERTAIN MULTI-FAMILY HOUSING

DEVELOPMENT PROJECTS, FOR A PERIOD OF TEN MONTHS AND FIFTEEN DAYS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:

WHEREAS, on September 16, 2021, Governor Gavin Newsom signed into law Senate Bill 9 (“SB 9”), that added Sections 65852.21 and 66411.7 to the California Government Code; and
WHEREAS, on September 28, 2021, Governor Gavin Newsom signed into law Senate Bill 478 (“SB 478”), that added Section 65913.11 to the California Government Code; and
WHEREAS, SB 9 mandates that a local agency ministerially approve a proposed housing development that proposes two residential dwelling units in a single-family residential zone, and/or a parcel map for an urban lot split to create no more than two new parcels of approximate equal area in a single-family residential zone, subject to certain requirements; and
WHEREAS, SB 9 allows a local agency to adopt objective zoning standards, objective subdivision standards, and objective design review standards, that do not conflict with the provisions of SB 9, upon proposed SB 9 housing developments, and also allows a local agency to deny a proposed SB 9 housing development if the building official makes written findings, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and WHEREAS, SB 478 prohibits a local agency from imposing a floor area ratio standard that is less than 1.0 on a housing development project proposed in a multifamily residential zone or a mixed-use zone that consists of three (3) to seven (7) units, or less than 1.25 on a housing development project proposed in a multifamily residential zone or a mixed-use zone that consists of eight (8) to ten (10) units, and would prohibit a local agency from imposing a lot coverage requirement that would physically preclude a housing development project from achieving such floor area ratios; and
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2 WHEREAS, the City of Glendale adopted Housing Element 2014-2021 of the General Plan on January 28, 2014 and this Element was certified by the State Department of Housing and Community Development on February 24, 2014; and

WHEREAS, the development of residential dwelling units under SB 9 will further local, regional and state goals for meeting the RHNA requirement expressed in Housing Element 2014-2021 provided the City has a mechanism to allow tracking of SB 9 dwelling units; and
WHEREAS, Housing Element 2014-2021, contains Policy 1.9 “Encourage flexibility in the Zoning Ordinance to promote a wide range of housing types”; Policy 1.2 “Assure that affordable housing is dispersed throughout the City while recognizing the potential for the integration of market-rate and affordable units within individual projects”; Policy 2.10 “Respect scale, historic continuity, and a sense of community in new residential development”; and, Policy 6.10 “Encourage the use of sustainable building practices in residential developments” and permitting dwelling units and lot splits under SB 9 implements these policies; and
WHEREAS, the Greener Glendale Plan for Community Activities was adopted by the City Council of the City of Glendale on March 12, 2012 for the purposes of promoting sustainable practices and establishing greenhouse gas reduction strategies in accordance with AB 32 (2006) and SB 375 (2008); and
WHEREAS, the Greener Glendale Plan for Community Activities Objective UD4 directs Glendale to continue to promote infill development to increase sustainability and livable environment and permitting dwelling units proposed under SB 9 is consistent with that objective; and
WHEREAS, Government Code Section 65858 permits cities to adopt interim procedures and criteria while studying potential permanent processes and zoning standards to protect public health, safety, and welfare; and WHEREAS, City Council received a staff report and testimony on October 26, 2021 and December 7, 2021, discussed the process and standards for SB 9 units and SB 478 floor area ratio standards, initiated code amendments to prepare a permanent process and criteria for approval of SB 9 projects, and introduced the interim urgency ordinance to establish interim standards and ministerial processes for review and approval of SB 9 projects and SB 478 floor area ratio standards; and WHEREAS, on December 14, 2021, the City Council adopted Ordinance No. 5981 as an urgency ordinance to establish interim standards and ministerial processes for reviewing and approving SB 9 projects and setting minimum SB 478 floor area ratio standards for certain multi-family housing development projects that was effective on January 1, 2022; and

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3 WHEREAS, the adoption of Ordinance No. 5981 has provided staff some time to study processes and zoning standards related to ministerial approval of SB 9 projects; and
WHEREAS, additional time is necessary for staff to continue to conduct research and to develop permanent regulations to address ministerial processes for reviewing and approving SB 9 projects; and
WHEREAS, Ordinance No. 5981 will expire on its own terms on January 28, 2022, unless City Council extends the term of the interim ordinance as provided in Government Code Section 65858; and
WHEREAS, there is an urgent need for Glendale to extend Ordinance No. 5981 to maintain interim standards, criteria and procedures for ministerial approval of SB 9 projects to ensure that the legislation, does not have the effect of voiding some of the City's regulatory scheme; and

WHEREAS, pursuant to Government Code Section 65858, a ten month and fifteen day extension of Ordinance No. 5981 is necessary as an urgency measure to protect against the current and immediate threat to the public health, safety, and welfare that minimal State criteria for ministerial approval of SB 9 projects that does not recognize local zoning standards can pose to the City as described above; and WHEREAS, on January 18, 2022, the Council held a duly noticed public hearing in accordance with Government Code sections 65090 and 65852.2 to consider an extension of Ordinance No. 5981; and
WHEREAS, it is Council's express desire to extend the interim standards and ministerial processes for reviewing and approving SB 9 projects and setting SB 478 floor area ratio standards established in Ordinance No. 5981 for an additional period of ten months and fifteen days from January 28, 2022, the last effective date of Ordinance No. 5981, to December 13, 2022; and
WHEREAS, this interim ordinance implements the provisions of Government Code Sections 65852.21 and 66411.7, and pursuant to Government Code Sections 65852.21(j) and 66411.7(n), is therefore not a project under Division 13 (commencing with Section 21000) of the Public Resources Code; further, this interim ordinance implements the provisions of Government Code Section 65913.11 and is therefore: (1) exempt from further environmental review under the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations (“CEQA Guidelines”) Section 15305 (minor alterations to land use limitations), Class 5 Exemption, as the Ordinance will allow a slightly more generous floor area ratio than currently allowed in certain zones, but the Ordinance will not allow for or encourage any more density or development than is already anticipated under the City’s existing General Plan and as regulated by existing zoning, or otherwise allow for or promote physical changes in the environment; (2) exempt from further environmental review 348 of 455
4 under CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the Ordinance will allow a slightly more generous floor area ratio than currently allowed in certain zones, but the Ordinance will not allow for or encourage any more density or development than is already anticipated under the City’s existing General Plan and as regulated by existing zoning, or otherwise allow for or promote physical changes in the environment, and therefore, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment; and (3) not intended to apply to specifically identified housing development projects and as such it is speculative to evaluate any such future project now. Moreover, the Ordinance is not intended to, nor does it, provide CEQA clearance for future development-related projects by mere establishment of a slightly more generous floor area ratio in certain zones; any such projects subject to the Ordinance will be subject to appropriate environmental review at such time as approvals for those housing project are considered. Each of the foregoing provides a separate and independent basis for CEQA compliance and, when viewed collectively, provides an overall basis for CEQA compliance; and
WHEREAS, the extension of the interim ordinance will provide City staff with time to study, draft and adopt permanent regulations, including, but not limited to, establishing a process for ministerial approval of SB 9 projects; the extension of the interim ordinance will provide City staff with time to study, draft and adopt permanent regulations, including, but not limited to, establishing a process for ministerial approval of SB 9 projects.

NOW THEREFORE, the City Council of the City of Glendale does ordain as follows:

SECTION 1. The City Council of the City of Glendale finds that the above recitals are true and correct and are hereby incorporated by reference.

SECTION 2. The City Council of the City of Glendale finds and declares that this Ordinance establishing reasonable interim standards for permitting eligible SB 9 housing development and lot split projects ministerially is consistent with the City’s Housing Element 2014-2021, with state housing policy, and with Glendale’s adopted greenhouse gas reduction strategies.

SECTION 3.In accordance with Government Code Section 65858(a) and Glendale City Charter, Article VI, Section 7, and pursuant to the findings stated herein, the City Council hereby finds that there exists a current and immediate threat to the public health, safety, and welfare requiring this interim urgency Ordinance; finds that this Ordinance is necessary for the immediate preservation of the public peace, health, and safety as set forth herein; and declares and imposes interim regulations for the immediate preservation of the public health, safety, and welfare as set forth below. 349 of 455
5 SECTION 4: Duration. Ordinance No. 5981 and its standards and requirements shall be in effect for a period of ten months, fifteen days from January 28, 2022 (December 13, 2022), unless extended by further action of the City Council at a regularly noticed public hearing, pursuant to Government Code Section 65858.

SECTION 5. Compliance with California Environmental Quality Act. The City Council hereby finds that this interim ordinance implements the provisions of Government Code Sections 65852.21 and 66411.7, and pursuant to Government Code Sections 65852.21(j) and 66411.7(n), is therefore not a project under Division 13 (commencing with Section 21000) of the Public Resources Code. The City Council further finds that this interim ordinance implements the provisions of Government Code Section 65913.11 and is therefore: (1) exempt from further environmental review under the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations (“CEQA Guidelines”) Section 15305 (minor alterations to land use limitations), Class 5 Exemption, as the Ordinance will allow a slightly more generous floor area ratio than currently allowed in certain zones, but the Ordinance will not allow for or encourage any more density or development than is already anticipated under the City’s existing General Plan and as regulated by existing zoning, or otherwise allow for or promote physical changes in the environment; (2) exempt from further environmental review under CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the Ordinance will allow a slightly more generous floor area ratio than currently allowed in certain zones, but the Ordinance will not allow for or encourage any more density or development than is already anticipated under the City’s existing General Plan and as regulated by existing zoning, or otherwise allow for or promote physical changes in the environment, and therefore, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment; and (3) not intended to apply to specifically identified housing development projects and as such it is speculative to evaluate any such future project now. Moreover, the Ordinance is not intended to, nor does it, provide CEQA clearance for future development-related projects by mere establishment of a slightly more generous floor area ratio in certain zones; any such projects subject to the Ordinance will be subject to appropriate environmental review at such time as approvals for those housing project are considered. Each of the foregoing provides a separate and independent basis for CEQA compliance and, when viewed collectively, provides an overall basis for CEQA compliance.

SECTION 6. Severability. This Ordinance’s provisions are severable. If any portion of this Ordinance or its application to any person or circumstance is held invalid or unconstitutional, that decision does not affect the validity of the Ordinance’s remaining portions and the Ordinance’s application to other persons and circumstances. The City Council declares that it would have passed the remainder of this Ordinance without the invalid or unconstitutional provision.
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6 SECTION 7. Urgency Measure. By making the findings of the hereinbefore findings of fact, which facts are hereby declared to constitute an urgency, for the immediate preservation of the public health, safety or welfare, this Ordinance is hereby declared to be an urgency measure and shall become effective immediately upon adoption.

SECTION 8. Adoption and Incorporation. The findings and information contained in Ordinance No. 5981, the City Council staff reports dated October 26, 2021, December 7, 2021, December 14, 2021 and January 18, 2022, and Council discussion, direction and motions at public meetings on October 26, 2021, December 7, 2021, December 14, 2021, January 18, 2022 and January 25, 2022 are hereby adopted and incorporated by reference as fully set forth herein.

SECTION 9. Report. The Community Development Director is directed and ordered to prepare and submit for City Council adoption, at least ten (10) days prior to the expiration of this Ordinance, or any extension hereof, a written report describing the measures taken to alleviate the conditions which led to the adoption of this ordinance.

SECTION 10. Certification. The City Clerk shall certify as to the passage of this ordinance and cause the same to be published in a newspaper of local circulation consistent with the
requirements of applicable state and local law.

Adopted by the Council of the City of Glendale on the ____ day of ________, 2022.
__________________________
Mayor
ATTEST:
_____________________________
City Clerk
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7 STATE OF CALIFORNIA ) SS.

COUNTY OF LOS ANGELES )
I, ARAM ADJEMIAN, City Clerk of the City of Glendale, certify that the foregoing Ordinance No. ______________ was adopted by the Council of the City of Glendale, California, by a vote of four-fifths (4/5ths) of the members thereof, at a regular meeting held on the _______ day of ________________, 2022, by the following vote:

Ayes:

Noes:

Abstain:

Absent:
___________________________________
City Clerk
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14th
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Agajanian, Brotman, Kassakhian, Najarian, Devine
None
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Consideration of Interim Urgency Ordinance Regarding Senate Bill 9 Housing Development and Lot Split Projects and Senate Bill 478 Floor Area Ratio Standards

1. Introduction of Interim Urgency Ordinance of the Council of the City of Glendale, California, Establishing Interim Standards and Ministerial Processes for Reviewing and Approving Eligible SB 9 Projects and Setting Minimum SB 478 Floor Area Ratio Standards for Certain Multi-Family Housing Development Projects;

2. Fee Resolution Amending the Adopted 2021-22 Citywide Fee Schedule by Establishing Fees for SB 9 Projects.

COUNCIL ACTION
Item Type: Action Item
Approved for December 7, 2021 calendar

EXECUTIVE SUMMARY
As reported by staff at the City Council’s October 26, 2021 meeting, several important planning/zoning and housing laws will go into effect on January 1, 2022. Most significantly among these laws is Senate Bill (SB) 9, which will afford property owners in single-family zones the ability to obtain ministerial approval to split one lot into two lots and/or build two residential units on a lot. Although SB 9 contains qualifying criteria, the majority of single- family lots in the City of Glendale will be eligible to use SB 9. The law allows the City to enact an implementing ordinance containing objective zoning, subdivision, and design guidelines, with some explicit limitations such as a prohibition on precluding either of the two units from being at least 800 square feet in floor area and setback regulation limitations similar to those applicable to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). The law also allows the City to deny a SB 9 project if the Building Official makes written findings that the project would have a specific adverse impact on health, safety or the physical environment for which there is not feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Another separate law that also becomes effective on January 1, 2022, SB 478, prohibits the City from requiring a floor area ratio (FAR) of less than 1.0 for a housing development project consisting of 3 to 7 units and a FAR of less than 1.25 for housing development project consisting of 8 to 10 units.

Following the October 26 staff presentation regarding SB 9 and other new state laws, Council initiated the preparation of an Interim Urgency Ordinance, to be brought for 376 of 543
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introduction and adoption in December of 2021 (with an effective date of January 1, 2022 concurrently with the effective date of the new laws), to enact objective zoning, subdivision and design standards and other regulations permitted to be regulated by the City related to SB 9 projects, as well as revised FAR standards required by SB 478. Staff has prepared an Interim Urgency Ordinance for introduction. Among other things, the Ordinance contains an 800 square foot limitation on each new residential dwelling unit built under SB 9; a definition of “unit” that includes accessory dwelling units (ADU) and junior accessory dwelling units (JADU) for both SB 9 lot splits and SB 9 “two-on-a-lot” developments; objective design, zoning and subdivision standards; a process for findings to be made by the Building Official of specific, adverse impacts; and an application process for SB 9 projects and applicable fees. The Ordinance will be in effect for 45 days but can be extended for an additional 10 months and 15 days following a noticed public hearing, and an additional year thereafter. Staff anticipates being able to bring a permanent ordinance to Council for adoption prior to January 1, 2023 after Planning Commission consideration and recommendation, once it gains experience implementing the Interim Urgency Ordinance and researches and determines additional regulations and best practices. A fee resolution is also included for Council’s consideration, in order to set applicable application fees for SB 9 projects.

COUNCIL PRIORITIES
Safe and Healthy Community: Adoption of an interim urgency ordinance containing an application process, as well as objective zoning, subdivision and design standards for SB 9 projects will ensure the orderly development of housing in the City and contribute to the Council’s goal of ensuring houses are safe, free from blight, and conform to the City’s design and development standards.

Balanced, Quality Housing: The development of high quality housing is an important goal, especially with respect to providing housing opportunities to all segments of the population. An interim urgency ordinance setting forth objective zoning, subdivision and design standards for SB 9 projects will promote housing development consistent with the Council’s goal of providing a balanced mix of housing opportunities.

RECOMMENDATION
That the City Council hear and review this report and introduce and subsequently adopt an Interim Urgency Ordinance to be effective January 1, 2022, related to interim objective zoning, subdivision and design standards and processes for ministerial review and approval of eligible SB 9 projects; and floor area ratio amendments necessitated by SB 478, as well as the accompanying fee resolution.

BACKGROUND
Senate Bill 9
SB 9, known as the California Housing Opportunity and More Efficiency (HOME) Act, has been dubbed by many commentators as the law that will “end single family zoning in California.” SB 9 allows a property owner to build two units and/or subdivide an existing single-family-zoned parcel into two parcels. SB 9 adds sections 65852.21 and 66411.7 377 of 543
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to the Government Code, and requires cities and counties to ministerially approve a housing development containing no more than two residential units (duplex) on a single parcel in single-family zones (“two-on-a-lot” projects). The bill also requires a city to ministerially approve an urban lot split, creating two independent lots that may be sold separately. A property owner able to meet SB 9’s requirements could potentially combine the two provisions of SB 9 to split one existing lot into two and then build two residential units on each new lot, resulting in four residential units where only one was allowed before. To be eligible for an SB 9 project, a parcel must meet a specific list of qualifications, discussed below.

SB 9 “Two-On-A-Lot” Qualifying Projects
SB 9 would allow housing development projects containing no more than two dwelling units on a single-family zoned parcel to be permitted on a ministerial basis, upon satisfaction of qualifying criteria that include the following:
The project site is in a city or urbanized portion of an unincorporated county (the City of Glendale is such a city);
The project site is not:
oWithin a Coastal Zone;
oPrime farmland, or farmland of statewide importance;
oWetlands;
oWithin a very high fire severity zone with exceptions (see explanation applicable to the City below);
oA hazardous waste or hazardous list site;
oWithin a delineated earthquake fault zone with exceptions; oWithin a 100-year flood zone;
oWithin a floodway;
oIdentified for conservation in an adopted natural community conservation plan;
oHabitat for protected species; or
oLands under conservation easement;
The project site cannot require demolition or alteration of any housing if:
oHousing is restricted affordable housing;
oSubject to rent control; or
oContains tenant occupied housing in the last three years; The project site cannot be withdrawn from the rental market (i.e., under the Ellis Act) within the past 15 years;
The project does not propose demolition of more than 25 percent of the existing exterior walls unless either:
oThe local ordinance allows more demolition; or
oThe site has not been occupied by a tenant in the past three years; The project site is not within a historic district or property included on the California Historical Resources Inventory or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
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A local agency may enact objective zoning, subdivision and design review standards, provided such objective standards do not preclude the construction of either of the two units being at least 800 square feet in floor area. Similar to state ADU/JADU legislation, no setbacks are required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. In other circumstances, the local agency may require four-foot interior (side and rear) yard setbacks. Parking of no more than one space per dwelling unit (with no requirement that this be uncovered parking)1 is allowed, except no parking required for projects:
Within a half-mile walking distance of a high-quality transit corridor or a major transit stop; or
Within one block of car share.

Moreover, a local agency is not required to permit an ADU/JADU on parcels that take advantage of both the “two-on-a-lot” and lot split provisions. This means that a local agency may limit a parcel with an existing ADU or JADU to using just one, not both provisions of SB 9 (i.e., a parcel with an existing ADU/JADU may split the lot but may not thereafter build two houses on each of the two new lots; a parcel with an existing ADU/JADU may not build any additional units on the lot since it already has two (and in some cases three) units on its lot (the primary dwelling unit and the ADU and/or JADU)).

This also means that if a parcel without an existing ADU/JADU takes advantage of a lot split, it cannot thereafter build any ADU/JADU on the property because this would be considered a “two-on-a-lot” SB 9 project. If a parcel without an existing ADU/JADU builds a “two-on-a-lot” SB 9 project and later splits the lot into two lots, it similarly cannot build an ADU/JADU on either of the two new lots.

A local agency may deny a SB 9 housing development project if the building official makes written findings that the project would create a “specific adverse impact” upon public health and safety or the physical environment that there is no way to mitigate or avoid, a heightened standard to meet. A “specific adverse impact” means a “significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.”
Additional local agency-applicable regulations include:
The rental of any unit created must be for a term longer than 30 days; The California Coastal Act still applies, except that no public hearing is required for Coastal Development Permits for housing developments pursuant to SB 9; A local agency may not reject housing solely on the basis that a project proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. 1 State law governing accessory dwelling units specifies that in instances where parking is required, a local agency may not require more than one space per accessory dwelling unit and that this requirement may be satisfied through “tandem parking on a driveway”. (Gov’t Code § 65852.2(a)(1)(D(x)(I))). State law governing SB 9 housing developments is silent as to whether a local agency may require applicable parking requirements to be satisfied through covered parking (i.e., through construction of a garage), but if a garage is required for a SB 9 housing development under Glendale’s Ordinance no design review could be conducted on the garage.
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If these criteria are satisfied, the city must approve the project ministerially (i.e., without discretionary review or hearings). Projects approved ministerially are not subject to the California Environmental Quality Act (CEQA) and cannot be required to obtain any discretionary approvals such as design review.

A local agency may require, as conditions of approval:
Easements for public services and facilities;
Access to the public right-of-way;
Objective subdivision standards.

Senate Bill 478
SB 478 prohibits the City from imposing a floor area ratio (FAR) of less than 1.0 for a housing development project (comprised solely of residential units, a mixed-use development with at least two-thirds of the square footage attributed to residential uses or transitional or supportive housing as defined in the Housing Accountability Act) consisting of three to seven units and a FAR of less than 1.25 for a housing development project consisting of 8 to 10 units. Additionally, the City may not deny a housing development project located on an existing legal parcel solely on the basis that the lot area does not meet the requirement for minimum lot size. To qualify, a project must consist of 3 to 10 units in a multifamily residential zone or mixed-use zone in an urbanized area and cannot be within a single-family zone or within a historic district. SB 478 also makes any private development CC&R void and unenforceable if it effectively prohibits or 380 of 543
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unreasonably restricts an eligible FAR, as authorized under the new FAR standards as summarized above (and now found in Government Code Section 65913.11).

ANALYSIS
SB 9 requires ministerial approval, without condition, discretion or a hearing, of a housing development containing no more than two residential units on an individual parcel in single-family zones. It also requires local governments to ministerially approve an urban lot split, creating two independent lots that may be sold separately.

The intent of the law is two-fold: break down barriers to additional housing and to increase housing supply. The potential impact of SB 9 on cities has been analyzed by the University of California Berkeley Terner Center for Housing Innovation. According to this analysis (full article was attached as an exhibit to the October 26, 2021 Council report on SB 9), the new law has the potential, statewide, to “enable the creation of over 700,000 new homes that would otherwise not be market feasible.” The Terner Center article notes that a lot depends on the local context: “[L]ocal market prices and development costs play a large role in determining where there is financial viability for the addition of new homes.

Moreover, physical constraints, such as small lot sizes and other local regulations, can limit the number of new homes built as a result of SB 9”. To that end, the article also contains an analysis of CA jurisdictions with greater than 5,000 single family parcels (attached to this report as Exhibit 3), and for Glendale, predicts that out of 23,000 single family parcels, there are only 12,400 “SB 9 eligible parcels”; only 700 parcels “where SB9 would increase the number of market-feasible units”; and only 100 parcels “where SB9 changes feasible outcome from no new units to 1+ new units.” Moreover, the Glendale- specific analysis also claims there is potential for only 1,000 total market-feasible new units under SB9. Some published information from the Terner Center regarding the methodology used to generate these predictions is also included in Exhibit 3.

Although SB 9 requires the City to ministerially approve certain qualifying projects to build two units on a single family-zoned lot, it does allow a city to enact certain objective standards for “two-on-a-lot” projects. SB 9 allows a city to “impose objective zoning standards, objective subdivision standards, and objective design review standards”, as long as these standards do not conflict with other requirements in the legislation. SB 9 defines the terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” as “standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.” Gov’t Code § 65852.21(i)(2) (emphasis added). Examples of non-objective (subjective) standards are those that require general compatibility with the architectural style of the home or with the architectural style or pattern of the neighborhood.

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at least 800 square feet in floor area.” Gov’t Code § 65852.21(b)(2)(A). Also, a city cannot require a setback for “existing structures or structures constructed in the same location and to the same dimensions as an existing structure.” Id. at § 65852.21(b)(2)(B)(i). In all other circumstances, a city may require a four-foot interior setback. Id. at § 65852.21(b)(2)(B)(ii). With respect to parking, a city may require one off-street space per unit, except in cases where the lot is located within one-half mile walking distance of either a high-quality transit corridor, or a major transit stop (as defined in other laws), or in cases where there is a car share vehicle located within one block of the parcel. Id. at § 65852.21(c)(1)(A-B).

On October 26, 2021, Council directed staff to prepare an Interim Urgency Ordinance regulating SB 9 projects with following general components, which are all included in the Ordinance:
Limitation on the two new units to a maximum of 800 square feet; Counting an existing or proposed ADU/JADU as a “unit”; Requiring payment of City’s regular development impact fee for multi-family units; Requiring projects to adhere to objective design standards such as height/stories, setbacks (to the extent allowed to be regulated), roof form, location (e.g. outside front/street-side setback), and others, in order to produce the least impactful high quality design;
Mandating and enforcing owner-occupancy requirements to the fullest extent permitted by law.

The Ordinance applies the same parking standards to SB 9 housing developments as the current rules for ADUs. While required parking for SB 9 housing developments is not specifically mandated by the state to be uncovered, it is staff’s recommendation to allow uncovered parking because enclosed/covered parking would add an additional building to the site, increasing lot coverage and reducing landscaping/open space that would likely exceed all existing zoning standard limits. Additionally, because the enclosed parking would be for the SB 9 housing development, design review is prohibited, making objective design standards more challenging.

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Other miscellaneous provisions:
Prohibits a parcel with a SB 9 unit from also having a guest house; Prohibits the location of new construction or any addition for a SB 9 unit between an existing or proposed residential dwelling and the street front or street side setback, and
Requirement for a covenant for a SB 9 housing development for reciprocal use agreements to allow for cross-access, cross-drainage, utilities services and parking.

Objective design standards have been developed that govern height and massing, including roof forms and breaks in volume, as well as exterior materials for walls and roofs. For example, a height limit of 12 feet is established for flat roofs and 16 feet for pitched roofs. Standard details are also included for windows, entryways and doors, as well as associated covered porches and patios. Windows must be recessed and require a sill, entry doors must be on the street facing façade and covered porches are limited to 80 square feet. Particular attention has been given to standards to match the new SB 9 unit to the existing residential dwelling, when retained, in terms of roof form and exterior materials.

Also, as set forth above, the Ordinance states that ADUs/JADUs are not permitted on a parcel that applies for both a SB 9 housing development and SB 9 lot split. By way of example, a parcel with an existing ADU/JADU may split the lot but may not thereafter build two houses on each of the two new lots. Another example is if a parcel without an existing ADU/JADU takes advantage of a lot split, it cannot thereafter build any ADU/JADU on the property because this would be considered a “two-on-a-lot” SB 9 project. If a parcel without an existing ADU/JADU builds a “two-on-a-lot” SB 9 project and later splits the lot into two lots, it similarly cannot build an ADU/JADU on either of the two new lots.

The Ordinance also creates a detailed application and review process for SB 9 projects and sets appropriate fees. For both an SB 9 housing development (two-on-a-lot) and an SB 9 lot split, the Ordinance requires the property owner to execute and record a covenant and agreement. With respect to SB 9 housing developments, the fact that there is no prohibition in the state law with respect to owner-occupancy requirements for two-on-a- lot developments (in other words, the state law is silent on that point) is indicative that such a requirement is left open to local regulation.

Given the state law’s silence on the issue leading to the presumptive ability of Glendale to enact an owner-occupancy requirement for SB 9 housing developments, the Ordinance requires that a property owner applying for a SB 9 housing development covenant to reside in at least one of the residential dwelling units that constitute the non-lot split SB 9 housing development, or only rent or lease the property as a single rental property and not rent or lease the residential dwelling units separately from each other (similar to how ADUs were regulated prior to the state changing the law). The state law does not allow a similar owner-occupancy requirement for SB 9 lot splits, however, and limits a local agency to requiring a signed affidavit that the owner “intends to occupy one of the housing 383 of 543
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units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.” Government Code Section 66411.7(g)(1). As such, the Ordinance requires such a sworn statement (for SB 9 lot split projects) to be incorporated into a covenant and agreement containing other promises by the property owner related to parking and the prohibition of short-term rentals, but specifies that the written statement under penalty of perjury of the property owner’s intent to occupy does not run with the land and is only binding and enforceable upon the current property owner.

Another key component of the Ordinance is a procedure for the Building Official to make findings of denial of a SB 9 project. These findings must be based upon a preponderance of the evidence, leading the Building Official to conclude that the SB 9 project would have a specific, adverse impact (a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete) upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The process in the Ordinance requires the Building Official to review each SB 9 project application for such specific adverse impacts, and, if found, the Building Official must draft written findings and make a recommendation of denial of the SB 9 project. Upon review of the Building Official’s findings and recommendation of denial, the Director of Community Development must issue a written decision to deny the project, and must publish the written decision with the Building Officials’ findings on the City’s website, which denial is appealable to the Planning Commission, then to the City Council, pursuant to the procedures set forth in Glendale Municipal Code Chapter 30.62. In addition to existing written public health or safety standards, policies or conditions, the Ordinance contains additional standards for potential historic resources (those not listed/designated and those not surveyed as eligible, and thus not part of the State Historic Resources Inventory) that allows the Building Official to deny a SB 9 project if there exists substantial evidence that the project will have a substantial adverse effect on a potential resource the City determines to be a historic resource.

The Ordinance does not contain additional standards related to high fire areas with substandard streets. Construction of a SB 9 housing development in the existing high and very high fire hazard severity zones in the City would not prevent the Fire Department from servicing those areas and similarly to accessory dwelling units, a SB 9 housing development would not pose a substantial adverse impact on fire safety in these areas.

Furthermore, new SB 9 housing developments would be required to follow the additional building construction code and standards related to construction in these fire hazard area and must follow the adopted fire mitigation standards of the Glendale Building and Safety Code.

The Ordinance does not contain a requirement to notify property owners within either a 300 or 500-foot radius from the proposed SB 9 project site of the application. Since state law requires the City’s review of an SB 9 project to be ministerial and without a hearing, meaningful public comment is foreclosed. Nevertheless, if Council chooses, it may introduce the Ordinance with such a notification/notice requirement. Staff recommends that any notification provision require a property owner and/or applicant to pay for such 384 of 543
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noticing to be completed, as with any other land use application. Moreover, the Ordinance does not contain an affordability requirement at this time. The City Attorney’s Office has analyzed this possibility and determined that such a requirement would necessitate amendment of the City’s Inclusionary Housing Ordinance, after completion of additional analyses and studies that would have to be undertaken by an outside consultant. These studies are not feasible to undertake and complete in time for the Interim Urgency Ordinance. If Council wishes to pursue this option, it may direct staff to undertake these studies in 2022, or at a later date (staff recommends waiting until after any additional amendments to SB 9 are proposed and after it has studied other jurisdictions’ best practices).

In addition to the above SB 9 standards, the Interim Urgency Ordinance also modifies floor area ratios for certain qualifying projects under SB 478.

A fee resolution, setting application and other fees for SB 9 projects is also included for Council’s consideration. The fees are proposed as follows:

1. “SB 9 housing development review fee”, $309.00;

2. “SB 9 housing development covenant and agreement fee”, $364.00;

3. “SB 9 lot split parcel map application fee”, $17,006.00;

4. “SB 9 lot split land development engineering and processing fee”, $3,139.00; and

5. “SB 9 lot split covenant and agreement fee” $364.00.

These fees are based on existing fees for similar applications established in the FY 21-22 Fee Schedule. The City is currently undergoing a Comprehensive Fee Study that may set new fees for FY 22-23 as well as modify the cost of existing fees. As a result, these newly established fees may be modified in the coming fiscal year.

STAKEHOLDERS/OUTREACH
Not applicable.

FISCAL IMPACT
The fiscal impact associated with introduction and adoption of an interim urgency ordinance setting forth a process (including fees and application requirements) for review and approval of SB 9 projects will depend on the number of SB 9 project applications received, and is difficult to predict. Additional revenue in the form of application/permit fees and development impact fees could be realized from SB 9 housing development or lot split proposals.

ENVIRONMENTAL REVIEW
Community Development Department staff determined that this interim ordinance implements the provisions of Government Code Sections 65852.21 and 66411.7 and pursuant to Government Code Sections 65852.21(j) and 66411.7(n), is therefore not a project under Division 13 (commencing with Section 21000) of the Public Resources Code. Moreover, staff determined that this interim ordinance implements the provisions of Government Code Section 65913.11 and is therefore: (1) exempt from further environmental review under the California Environmental Quality Act (“CEQA”) pursuant 385 of 543
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to Title 14 of the California Code of Regulations (“CEQA Guidelines”) Section 15305 (minor alterations to land use limitations), Class 5 Exemption, as the Ordinance will allow a slightly more generous floor area ratio than currently allowed in certain zones, but the Ordinance will not allow for or encourage any more density or development than is already anticipated under the City’s existing General Plan and as regulated by existing zoning, or otherwise allow for or promote physical changes in the environment; (2) exempt from further environmental review under CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the Ordinance will allow a slightly more generous floor area ratio than currently allowed in certain zones, but the Ordinance will not allow for or encourage any more density or development than is already anticipated under the City’s existing General Plan and as regulated by existing zoning, or otherwise allow for or promote physical changes in the environment, and therefore, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment; and (3) not intended to apply to specifically identified housing development projects and as such it is speculative to evaluate any such future project now. Moreover, the Ordinance is not intended to, nor does it, provide CEQA clearance for future development-related projects by mere establishment of a slightly more generous floor area ratio in certain zones; any such projects subject to the Ordinance will be subject to appropriate environmental review at such time as approvals for those housing projects are considered. Each of the foregoing provides a separate and independent basis for CEQA compliance and, when viewed collectively, provides an overall basis for CEQA compliance.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES
Alternative 1: Introduce, and subsequently adopt, Interim Urgency Ordinance effective January 1, 2022 regarding processes and objective zoning, subdivision and design standards for SB 9 projects, as well as revised floor area ratio standards for certain SB 478 projects.

Alternative 2: Do not introduce an Interim Urgency Ordinance, but rather, wait to consider permanent amendments to Titles 16 and 30 of the Glendale Municipal Code related to SB 9 and SB 478 project standards. This option will leave the City without a process and without objective standards for several months, as a non-urgency zoning ordinance requires Planning Commission review and recommendation, a noticed public hearing prior to adoption, and goes into effect 30 days after adoption.

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ADMINISTRATIVE ACTION
Prepared by:

Kristen Asp, AICP, Principal Planner
Yvette Neukian, Senior Assistant City Attorney
Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS / ATTACHMENTS
Exhibit 1: Text of SB 9 and Government Code Section 65913.4; Exhibit 2: Text of SB 478;
Exhibit 3: Terner Center/Mapcraft SB 9 model results, CA jurisdictions with greater than 5,000 single family parcels (including methodology). 387 of 543
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Senate Bill No. 478
CHAPTER 363
An act to add Section 4747 to the Civil Code, and to amend Section 65585 of, and to add Section 65913.11 to, the Go vernment Code, relating to housing.
[Approved by Governor September 28, 2021. Filed with
Secretary of State September 28, 2021.]
legislative counsel’s digest
SB 478, Wiener. Planning and Zoning Law: housing development projects.

The Planning and Zoning Law requires a city or county to adopt a general plan for land use de velopment within its boundaries that includes, among other things, a housing element. The law also requires the Department of Housing and Community De velopment to notify the city , county, or city and county, and authorizes the department to notify the Attorney General, that the city, county, or city and county is in violation of state la w if the department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws.

Existing la w, the Da vis-Stirling Common Interest De velopment Act, governs the management and operation of common interest developments.

Existing law makes void and unenforceable an y covenant, restriction, or condition contained in an y deed, contract, security instrument, or other instrument af fecting the transfer or sale of an y interest in a planned development, and any provision of a governing document, that effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets specified standards.

This bill would prohibit a local agency, as defined, from imposing a floor area ratio standard that is less than 1.0 on a housing de velopment project that consists of 3 to 7 units, or less than 1.25 on a housing de velopment project that consists of 8 to 10 units. The bill would prohibit a local agency from imposing a lot co verage requirement that would physically preclude a housing development project from achieving the floor area ratios described above. The bill w ould prohibit a local agenc y from den ying a housing development project located on an existing legal parcel solely on the basis that the lot area of the proposed lot does not meet the local agenc y’s requirements for minimum lot size. The bill would only apply to housing development projects that meet specified requirements, including, among other things, that the project be located in a multifamily residential zone or a mix ed-use zone, as specified. The bill w ould additionally require the

91 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL

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department to identify violations by a local government of these provisions, as described above. This bill would add the Housing Crisis Act of 2019 to the specified provisions of law for which the department is required to give notice of a violation.

This bill would make void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument af fecting the transfer or sale of an y interest in a planned development, and any provision of a governing document, that effectively prohibits or unreasonably restricts a housing de velopment project from using the floor area ratio standards authorized under the provisions described above. The bill would provide that it does not apply to provisions that impose reasonable restrictions, as defined, that do not make the implementation of a project subject to the above-described provisions infeasible.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

This bill would incorporate additional changes to Section 65585 of the Government Code proposed by AB 215 to be operative only if this bill and AB 215 are enacted and this bill is enacted last.

The people of the State of California do enact as follows:

SECTION 1. Section 4747 is added to the Civil Code, to read:
4747. (a)  Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument af fecting the transfer or sale of an y interest in a planned de velopment, and an y pro vision of a governing document, is v oid and unenforceable if it ef fectively prohibits or unreasonably restricts an eligible housing development project from using the floor area ratio standards authorized under Section 65913.11 of the Government Code.
(b)  This section does not apply to pro visions that impose reasonable restrictions on an eligible housing de velopment that do not mak e the implementation of the floor area standards authorized in Section 65913.11 of the Government Code infeasible.
(c)  For purposes of this section:
(1)  “Eligible housing development project” means a housing development project that meets the requirements of subdivision (b) of Section 65913.11 of the Government Code.
(2)  “Reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, ef fectively prohibit the construction of, or extinguish the ability to otherwise construct an eligible housing development project using the floor area ratio standards in a manner authorized by Section 65913.11 of the Government Code.
(d)  The Legislature finds and declares that the pro vision of adequate housing, in light of the se vere shortage of housing at all income le vels in this state, is a matter of state wide concern and that this section serv es a 91 — 2 — Ch. 363

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significant and legitimate public purpose by eliminating potential restrictions that could inhibit the production of adequate housing.

SEC. 2. Section 65585 of the Government Code is amended to read:
65585. (a)  In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b)  (1)  At least 90 days prior to adoption of its housing element, or at least 60 days prior to the adoption of an amendment to this element, the planning agency shall submit a draft element or draft amendment to the department.
(2)  The planning agenc y staf f shall collect and compile the public comments regarding the housing element recei ved by the city , county, or city and county , and pro vide these comments to each member of the legislative body before it adopts the housing element.
(3)  The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the draft in the case of an adoption or within 60 days of its receipt in the case of a draft amendment.
(c)  In the preparation of its findings, the department may consult with any public agenc y, group, or person. The department shall recei ve and consider any written comments from an y public agency, group, or person regarding the draft or adopted element or amendment under review. (d)  In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. (e)  Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not a vailable within the time limits set by this section, the legislative body may act without them.
(f)  If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1)  Change the draft element or draft amendment to substantially comply with this article.
(2)  Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g)  Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h)  The department shall, within 90 days, re view adopted housing elements or amendments and report its findings to the planning agency. (i)  (1)  (A)  The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including an y f ailure to implement any program actions included in the housing element pursuant 91 Ch. 363 — 3 —

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to Section 65583. The department shall issue written findings to the city , county, or city and county as to whether the action or f ailure to act substantially complies with this article, and pro vide a reasonable time no longer than 30 days for the city , county, or city and county to respond to the findings before taking an y other action authorized by this section, including the action authorized by subparagraph (B).
(B)  If the department finds that the action or f ailure to act by the city , county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2)  The department may consult with an y local go vernment, public agency, group, or person, and shall recei ve and consider an y written comments from any public agency, group, or person, re garding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j)  The department shall notify the city , county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or an y action or f ailure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1)  Housing Accountability Act (Section 65589.5).
(2)  Section 65863.
(3)  Chapter 4.3 (commencing with Section 65915) of Division 1 of Title

7. (4)  Section 65008.
(5)  Section 65913.11.
(6)  Housing Crisis Act of 2019 (Section 66300 of the Government Code). (k)  Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdi vision do not apply to any suits brought for a violation or violations of paragraphs (1), (3), and (4) of subdivision (j).
(l)  In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element 91 — 4 — Ch. 363

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into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out.

If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of an y incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article.
(1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund.

Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, b ut shall not e xceed one hundred thousand dollars ($100,000) per month, e xcept as pro vided in paragraphs (2) and (3). In the e vent that the jurisdiction f ails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(2)  If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the e vent that the jurisdiction f ails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(3)  If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A)  If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept an y available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s 91 Ch. 363 — 5 —

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failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B)  The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may tak e all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4)  This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of an y law identified in subdivision (j).
(m)  In determining the application of the remedies a vailable under subdivision (l), the court shall consider whether there are an y mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city , county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n)  This section shall not limit, restrict, abridge, or otherwise modify the authority of the Attorney General to bring a suit to enforce state la w. The Attorney General may seek all remedies available under the law, including, but not limited to, the remedies provided in this section.

SEC. 2.5. Section 65585 of the Government Code is amended to read:
65585. (a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b) (1) At least 90 days prior to adoption of a re vision of its housing element pursuant to subdi vision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element re vision or draft amendment to the department. The local government of the planning agenc y shall make the first draft revision of a housing element a vailable for public comment for at least 30 days and, if an y comments are recei ved, the local go vernment shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft re vision prior to submitting it to the department. F or any subsequent draft re vision, the local government shall post the draft re vision on its internet website and shall email a link to the draft re vision to all individuals and organizations that have previously requested notices relating to the local go vernment’s housing element at least seven days before submitting the draft revision to the department.
(2) The planning agenc y staf f shall collect and compile the public comments regarding the housing element recei ved by the city , county, or 91 — 6 — Ch. 363

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city and county , and pro vide these comments to each member of the legislative body before it adopts the housing element.
(3)  The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element re vision pursuant to subdi vision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft a vailable for public comment for at least 30 days and, if comments were recei ved, has tak en at least 10 b usiness days to consider and incorporate public comments pursuant to paragraph (1). (c)  In the preparation of its findings, the department may consult with any public agenc y, group, or person. The department shall recei ve and consider any written comments from an y public agency, group, or person regarding the draft or adopted element or amendment under review. (d)  In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. (e)  Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not a vailable within the time limits set by this section, the legislative body may act without them.
(f)  If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1)  Change the draft element or draft amendment to substantially comply with this article.
(2)  Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g)  Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h)  The department shall, within 90 days, re view adopted housing elements or amendments and report its findings to the planning agency. (i)  (1)  (A)  The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including an y f ailure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city , county, or city and county as to whether the action or f ailure to act substantially complies with this article, and pro vide a reasonable time no longer than 30 days for the city , county, or city and county to respond to the findings before taking an y other action authorized by this section, including the action authorized by subparagraph (B).
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(B)  If the department finds that the action or f ailure to act by the city , county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2)  The department may consult with an y local go vernment, public agency, group, or person, and shall recei ve and consider an y written comments from any public agency, group, or person, re garding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j)  The department shall notify the city , county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or an y action or f ailure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1)  Housing Accountability Act (Section 65589.5).
(2)  Section 65863.
(3)  Chapter 4.3 (commencing with Section 65915.)
(4)  Section 65008.
(5)  Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6)  Section 8899.50.
(7)  Section 65913.4.
(8)  Article 11 (commencing with Section 65650).
(9)  Article 12 (commencing with Section 65660).
(10)  Section 65913.11.
(k)  Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdi vision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l)  In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. 91 — 8 — Ch. 363

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If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of an y incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article.
(1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund.

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(B)  The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may tak e all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4)  This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of an y law identified in subdivision (j).
(m)  In determining the application of the remedies a vailable under subdivision (l), the court shall consider whether there are an y mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city , county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n)  Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state la w in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
(o)  Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in an y action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
(p)  Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Ci vil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdi vision (j), or by the department pursuant to subdivision (o).

SEC. 3. Section 65913.11 is added to the Government Code, to read:
65913.11. (a)  With respect to a housing development project that meets the requirements of subdivision (b), a local agency shall not do any of the following:
(1)  For a housing development project consisting of three to seven units, impose a floor area ratio standard that is less than 1.0. (2)  For a housing development project consisting of 8 to 10 units, impose a floor area ratio standard that is less than 1.25.
(3)  Deny a housing de velopment project located on an e xisting le gal parcel solely on the basis that the lot area of the proposed lot does not meet the local agency’s requirements for minimum lot size.
(b)  To be eligible for the pro visions in subdi vision (a), a housing development project shall meet all of the following conditions:
(1)  The project consists of at least 3, but not more than 10, units. 91 — 10 — Ch. 363

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(2)  The project is located in a multifamily residential zone or a mixed-use zone, as designated by the local agenc y, and is not located in either of the following:
(A)  Within a single-family zone.
(B)  Within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (3)  The project is located on a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a le gal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(c)  (1)  This section shall not be construed to prohibit a local agenc y from imposing any zoning or design standards, including, b ut not limited to, building height and setbacks, on a housing de velopment project that meets the requirements of subdi vision (b), other than zoning or design standards that establish floor area ratios or lot size requirements that expressly conflict with the standards in subdivision (a). (2)  Notwithstanding paragraph (1), a local agency may not impose a lot coverage requirement that would physically preclude a housing development project that meets the requirements established in subdi vision (b) from achieving the floor area ratio allowed in subdivision (a). (d)  As used in this section:
(1)  “Housing development project” means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5. (2)  “Local agency” means a county, city, or city and county , including a charter city, or city and county.
(3)  “Unit” means a unit of housing, b ut shall not include an accessory dwelling unit or a junior accessory dwelling unit.

SEC. 4. The Legislature finds and declares that the provision of adequate housing, in light of the se vere shortage of housing at all income le vels in this state, is a matter of state wide concern and is not a municipal af fair as that term is used in Section 5 of Article XI of the California Constitution.

Therefore, Section 2 of this act amending Section 65585 of, and Section 3 of this act adding Section 65913.11 to, the Go vernment Code apply to all cities, including charter cities.

SEC. 5. Section 2.5 of this bill incorporates amendments to Section 65585 of the Go vernment Code proposed by both this bill and Assembly Bill 215. That section of this bill shall only become operati ve if (1) both bills are enacted and become ef fective on or before January 1, 2022, (2) each bill amends Section 65585 of the Government Code, and (3) this bill is enacted after Assembly Bill 215, in which case Section 2 of this bill shall not become operative.

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Glendale City CouncilJanuary 18, 2022

Glendale City Council
January 18, 2022