Agenda, second session — Indian Wells City Council, April 21, 2022 (part 1 of 3)

Thursday, April 21, 2022
1:30 PM
City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210
City Council
Welcome to a meeting of the Indian Wells City Council. All documents for public review are available for public inspection at City Hall reception, 44-950 Eldorado Drive, Indian Wells during normal business hours.

Members of the Public who wish to speak during public comment or on a particular item should fill out a blue slip and submit it to the City Clerk. Comments will be limited to 3 minutes. Speaker will be alerted when their time is up. Speakers are then to return to their seats and no further comments will be permitted.

In accordance with State Law, remarks during public comment are to be limited to subjects within the City's jurisdiction. Remarks on other agenda items will be limited to those items. Remarks from those seated or standing in the back of the chambers will not be permitted. All those wishing to speak including City and Staff need to be recognized by the Mayor before speaking. Please turn off all communication devices (phones) or put them on non-audible mode (vibrate) so as not to cause a disruption in the Council proceedings.

Meeting Agenda
1 April 21, 2022City Council Meeting Agenda

1. RECONVENE THE CITY COUNCIL, PLEDGE OF ALLEGIANCE AND ROLL CALL

MAYOR DANA REED

MAYOR PRO TEM DONNA GRIFFITH

COUNCIL MEMBER GREG SANDERS

COUNCIL MEMBER KIMBERLY MUZIK

COUNCIL MEMBER RICHARD BALOCCO

2. APPROVAL OF THE FINAL AGENDA

3. PROCLAMATIONS AND PRESENTATIONS
Introduction of Indian Wells City Staff Joanna Rojas
and Christian Lopez
055-22A.

4. PUBLIC COMMENTS
Members of the Public who wish to speak during public comment on a Consent Item or items not listed on the agenda may do so at this time. Member of the public should fill out a blue slip and submit it to the City Clerk. Public Comments for matters not listed on the agenda or on the Consent Calendar will be taken during time, comments are limited to 3 minutes.

Speakers will be alerted when their time is up and are then to return to their seats and no further comments will be permitted.

Please note that while the City Council values your comments, the Council cannot respond nor take action on matters not listed on the agenda until such time, the matter may appear on the forthcoming agenda.

5. CITY MANAGER'S REPORTS
The City Manager or Department Heads may make brief announcements, informal comments, or brief the Council on items of interest.

6. CITY ATTORNEY REPORTS AND COMMENTS

Page 2 ends

April 21, 2022City Council Meeting Agenda

7. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and will be approved by one motion. Reading of text of Ordinances is waived and Ordinances are adopted as second reading, by title only. There will be no separate discussion of these items unless members of the Council or audience request that specific items be removed from the Consent Calendar for separate discussion and action.

Findings to Hold Remote Teleconference/Virtual
Meetings and Hybrid (i.e., In-Person and
Teleconference/Virtual) Meetings for All City
Legislative Bodies, in Accordance with Assembly Bill
361
056-22A.

RECOMMENDED ACTION:

Council APPROVES remote teleconference/virtual and hybrid meetings for all City legislative bodies by finding that a statewide state of emergency is currently in place and that state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and
AUTHORIZES City Manager to implement teleconference/virtual or hybrid public meetings as needed in accordance with Assembly Bill 361.

Supplemental Appropriation for Completion of
Comprehensive Historic Properties Survey for General
Plan Update
057-22B.

RECOMMENDED ACTION:

Council APPROVES supplemental appropriation of $25,000 for completion of a Comprehensive Historic Properties Survey by Cogstone Resource Management Inc.; and AUTHORIZES City Manager to execute a contract for the completion of a Comprehensive Historic Properties Survey.

Annual Committee Appointment Process and
Schedule
058-22C.

RECOMMENDED ACTIONS:

Council APPROVES the recruitment schedule; and
DESIGNATES Mayor Pro Tem Griffith and Council Member Sanders to serve as the Ad-Hoc Interview Committee for the Planning Commission.

Page 3 ends

April 21, 2022City Council Meeting Agenda
Resolution Revising the Citywide Records Retention
and Destruction Schedule
RES-014-22D.

RECOMMENDED ACTIONS:

Council ADOPTS Resolution Revising the Citywide Records Retention and Destruction Schedule.

ResolutionAttachments:

Resolution Authorizing Application to the California
Energy Commission for an Energy Conservation
Assistance Act
RES-015-22E.

RECOMMENDED ACTIONS:

Council ADOPTS Resolution authorizing the application to the California Energy Commission for an energy conservation assistance act loan; and
APPROVES loan agreement and promissory note in a not to exceed amount of $3,000,000 and the execution of necessary documents and certificates and related actions.

Resolution
Loan Agreement
Promissory Note
Attachments:

Resolution Initiating Proceedings and Preliminarily
Approving the Annual Levy Report for Indian Wells
Street Lighting District No. 2000-1 for Fiscal Year
2022-23
RES-016-22F.

RECOMMENDED ACTIONS:

Council ADOPTS Resolution No. 2022-13 initiating proceedings for annual levy of assessments and declaring its intention to levy annual assessments for the Indian Wells Street Lighting District No. 2000-1 for Fiscal Year 2022-23; pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highway Code; and
SCHEDULES a noticed Public Hearing on May 19, 2022 at 1:30 p.m. to hear public testimony on the proposed levy; and
ADOPTS Resolution No. 2022-14 preliminarily approving the annual engineer’s report regarding the Indian Wells Street Lighting District No. 2000-1 for Fiscal Year 2022-23.

Resolution- Initiate
Resolution - Engineer's Report
Attachments:

Page 4 ends

April 21, 2022City Council Meeting Agenda
Resolution Initiating Proceedings for the Annual Levy
of Landscape and Lighting District No. 91-1 and
Declare Intention to Order the Levy and Collection of
Assessments for Fiscal Year 2022-23
RES-017-22G.

RECOMMENDED ACTIONS:

Council ADOPTS Resolution No. 2022-15 initiating the proceedings for the annual levy and collection of assessments for Fiscal Year 2022-23 for the Landscape and Lighting District (LLMD) No. 91-1 and declaring intention to order the levy and collection of assessments; and SCHEDULES a noticed Public Hearing on May 19, 2022 to hear public testimony on the proposed levy; and
ADOPTS Resolution No. 2022-16 preliminarily approving the annual engineer’s report regarding the Landscape and Lighting District No. 91-1 for fiscal year 2022-23 Resolution- Initiate
Resolution- Engineer's Report
Attachments:

Page 5 ends

April 21, 2022City Council Meeting Agenda
Initiating Proceedings, Preliminarily Approving the
Annual Levy Report, and Declaring Intention to Order
the Levy and Collection of Assessments for Annual
Levy for City of Indian Wells Drainage Maintenance
Benefit Assessment District No. 1 for Fiscal Year
2022-23
RES-018-22H.

RECOMMENDED ACTIONS:

Council ADOPTS Resolution No. 2022-17 initiating proceedings for annual levy and collection of assessments for Fiscal Year 2022-23 for the City of Indian Wells Drainage Maintenance Benefit Assessment District No. 1 pursuant to the Benefit Assessment Act of 1982; and SCHEDULES a noticed Public Hearing on May 19, 2022 at 1:30 p.m. to hear public testimony on the proposed levy; and
ADOPTS Resolution No. 2022-18 preliminarily approving the annual engineer’s report regarding the City of Indian Wells Drainage Maintenance Benefit Assessment District No. 1 and the levy and collection of assessments for Fiscal Year 2022-23 pursuant to the provisions of the Benefit Assessment Act of 1982; and
ADOPTS Resolution No. 2022-19 declaring its intention to order the levy and collection of assessments for the City of Indian Wells Drainage Maintenance Benefit Assessment District No. 1 for Fiscal Year 2022-23 pursuant to the Benefit Assessment Act of 1982.

Resolution- Initiate
Resolution- Engineer's Report
Resolution- Declaring to Order
Attachments:

Supplemental Appropriation for Food Truck Credenza
Replacement at the Indian Wells Golf Resort
059-22I.

RECOMMENDED ACTION:

Council APPROVES Supplemental appropriation of $12,000 for Food Truck Credenza Replacement at the Indian Wells Golf Resort.

Page 6 ends

April 21, 2022City Council Meeting Agenda
Authorization to Advance Capital Improvement Funds
for the Purchase of a Fleet Truck
060-22J.

RECOMMENDED ACTIONS:

Council APPROVES the advancement of budgeted Capital Improvement funds for the purchase of a fleet truck; and
AUTHORIZES and DIRECTS the City Manager or his designee to execute the purchase of the vehicle per the City’s purchase policy.

Approval of Citywide Speed Limit SurveyRES-019-22K.

RECOMMENDED ACTIONS:

Council APPROVES the 2022 Engineering & Traffic Survey for Speed Limits in Indian Wells; and ADOPTS Resolution No. 2022-20 Setting Speed Limits on Public City Streets and rescinding Resolution 2011-39.

Resolution
2022 Engineering & Traffic Survey
Attachments:

City Treasurer’s Report for February 2022061-22L.

RECOMMENDED ACTION:

Council RECEIVES and FILES the City Treasurer’s Report for February 2022.

City Treasurer’s ReportAttachments:

8. PUBLIC HEARINGS
No Public Hearing Items.

9. GENERAL BUSINESS
The Mayor will call upon the members of the public to address the Council regarding the agenda item being considered. After the public has provided comment, the item is closed to further comment and brought to the Council for discussion and action.

Page 7 ends

April 21, 2022City Council Meeting Agenda
Public Safety Crime Prevention Updates and
Initiatives
062-22A.

RECOMMENDED ACTION:

Council APPROVES the implementation of a Home Security Rebate Program, including the allocation of $20,000 to the Police Budget;
AUTHORIZES the City Manager to execute any documentation for same; and APPROVES the Home Security Rebate Program and other measures outlined in this report to replace the Vacant Home Check Program; and
RECEIVES and FILES updates regarding Public Safety Initiatives.

Resolution Amending the City Council Policy ManualRES-020-22B.

RECOMMENDED ACTION:

Council ADOPTS Resolution amending the City Council Policy Manual.

ResolutionAttachments:

Proposed Ordinance Adding Section 11.36.125 and
Amending Various Sections of the Municipal Code for
Purposes of Clarifying Restrictions on the Parking and
Storage of Recreational Vehicles Within the City
ORD-006-22C.

RECOMMENDED ACTIONS:

Council INTRODUCES Ordinance No. 737 to read by title only and further reading waved approving Municipal Text Amendment No. 2022-01 regarding recreational vehicle parking and storage requirements; and
FINDS the action Exempt from CEQA.

Ordinance
Indian Wells Municipal Code Redline
Attachments:

10. COUNCIL MEMBERS' REPORTS AND COMMENTS
On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff, or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.

Page 8 ends

April 21, 2022City Council Meeting Agenda
A. Council Member Balocco
Coachella Valley Energy Commission
Cove Communities Services Commission
Indian Wells Golf Resort Advisory Committee
Indian Wells Finance & Legal Services Oversight Committee Indian Wells Marketing Committee
Indian Wells Public Safety
B. Council Member Muzik
Cove Communities Commission
Coachella Valley Animal Campus
CVAG Homelessness Committee
Desert Sands Unified School District
Indian Wells Community Activities
Indian Wells Golf Resort Advisory Committee
C. Council Member Sanders
Coachella Valley Mountains Conservancy
Coachella Valley Economic Partnership
CVAG Public Safety Committee
Desert Sands Unified School District
Indian Wells Public Safety Committee
Visit Greater Palm Springs
D. Mayor Pro Tem Griffith
CVAG Coachella Valley Conservation Commission
CVAG Energy & Environmental Resources Committee
Indian Wells Grants In Aid Committee
Indian Wells Finance & Legal Services Oversight Committee Indian Wells Personnel Committee
Indian Wells Tee Committee

Page 9 ends

April 21, 2022City Council Meeting Agenda
E. Mayor Reed
California Joint Powers Insurance Authority
Riverside County Transportation Commission
CVAG Executive Committee
CVAG Transportation Committee
Indian Wells Marketing Committee
Indian Wells Personnel Committee
Indian Wells Tee Committee
Sunline Transit Agency

11. ADJOURNMENT
To a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on May 19, 2022 in the City Hall Council Chamber.

Page 10 ends

April 21, 2022City Council Meeting Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 346-2489. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 128 CFR 35.102.35.104 ADA Title III Affidavit of Posting
I, Angelica Avila, certify that on April 15, 2022, I caused to be posted a notice of a City Council Meeting to be held on April 21, 2022 at 1:30 p.m. in the City Hall Council Chamber.

Notices were posted at Indian Wells Civic Center and City's Website [ www.cityofindianwells.org]
_______________________________
Angelica Avila, CMC
City Clerk

Page 11 ends

April 21, 2022City Council Meeting Agenda

Page 12 ends

Submitted at th Dais:

Chuck Parker
April 21, 2022 Council Meeting

Short Summary of Report :"POTENTIAL MAJOR GREENHOUSE

GAS EMISSIONS FROM PROPOSED SALTON SEA LONG-RANGE
PLANS"
Summary by Chuck Parker, Salton Sea Coalition, [email protected] The original scientific report by Jenny E. Ross, Research Affiliate, Stout Research Center, was submitted to State and Federal agencies in January 2022.

A new report warns of a threat that the drying and shrinking of the Salton Sea will cause large emissions of greenhouse gases in the form of carbon dioxide and methane. For many years tons of excess fertilizer in the agricultural drains has flowed into the sea. These nutrients fed a flourishing growth of algae which fed millions of fish and invertebrates. These animals' waste, and when they died, their bodies, sank to the bottom of the sea. This created a "natural carbon -capture - and -storage system," or carbon sink.

The 2003 decision to divert large amounts of agricultural water which sustained the Salton Sea, and sell it to urban areas, is resulting in exposure of the Iakebed to the atmosphere, collapse of the lake's ecosystem, and emission of greenhouse gases into the atmosphere. These greenhouse gases, primarily carbon dioxide (CO2) and methane (CH4), will ultimately be emitted in quantities large enough to significantly offset emission reductions from current California plans to address climate change, including those in Governor Newsom's $37 billion budget allocation for actions to reduce the use of fossil fuels in transportation, electricity generation, agriculture, and in cooling and heating buildings.

Failure to implement an appropriate long-range restoration plan for the Salton Sea will worsen global warming and prevent California from attaining carbon neutrality. On the other hand, refilling the Salton Sea with ocean water and restoring the lake's ecosystem would help California fight climate change by minimizing net greenhouse gas emissions. According to scientists quoted in the report, "Maintaining and enhancing carbon sinks in the biosphere is a prerequisite to hold global warming well below 2 degrees Centigrade." SALTON SEA COALITION, P.O. BOX 10693, PALM DESERT, CA. 92255

RE: SUPPLEMENTARY INFORMATION Regarding Potential Major Greenhouse Gas Emissions from Proposed Salton Sea Long -Range Plans From: Jenny E. Ross [ mailto:jenny© jennyross.com]
Sent: Monday, April 04, 2022 3:35 PM
To:
[email protected]
Excerpts from email message:
"I have calculated a rough estimate of the potential future net CO2 emissions resulting from implementation of a proposed Salton Sea long-range plan that does not refill the lake to its late 20th -century level with a restored saltwater ecosystem.

The attached calculations indicate that approximately 26 million metric tons of CO2 emissions per year may be released as a result of implementation of a Salton Sea long-range plan that leaves vast areas of dry lakebed exposed, and that includes additional highly -emissive features such as large expanses of significantly disturbed lakebed (e.g., regions where furrowing is utilized for dust control), areas of exposed lakebed that are periodically rewetted, fresh or low - salinity water impoundments constructed on portions of the exposed lakebed, and an extremely hypersaline brine sink.

To put the amount of 26 million metric tons of CO2 emissions per year in perspective, it is more than 160% of the annual CO2 -equivalent emissions of all the petroleum refineries currently operating in California, and 7.3% of all energy -related CO2 emissions in California annually.

As explained in my January 2022 report, and as the attached Supplementary Information makes clear, if a long-range plan for the Salton Sea is selected and implemented without first analyzing the net carbon emissions associated with each proposed plan, and without a selection process committed to choosing a carbon - neutral or carbon -negative plan, there is a major risk that the State of California's actions and omissions will cause the release of very large quantities of greenhouse gases on an ongoing basis for the foreseeable future, thwart California's efforts to attain carbon neutrality, and worsen climate change."
Jenny Ross.

SUMMARY OF SCIENTIFIC STUDIES ON DRY INLAND WATERS.
report by Jenny Ross. Potential Major Greenhouse Gas Emissions from Proposed Salton Sea Long -Range Plans," January 2022
summary by Chuck Parker, Salton Sea Coalition, [email protected] Increasing concern for the dangers posed by global warming has caused scientists around the world to study the carbon emissions from dried inland lakes and rivers. These numerous studies have shown:
1) "Elevated greenhouse gas (GHG) emissions are an intrinsic characteristic of exposed lake sediments."
2) "CO2 (carbon dioxide) emissions from exposed lakebed were significantly higher than from the lakes themselves."
3) "The strongest predictors of very high CO2 fluxes from dry inland waters were high organic matter content, the presence of some moisture, and elevated temperatures."
4) "Portions of inland waters that have become dry and then are rewetted are major emitters
of GHC's (greenhouse gases.)
5) "Significant disturbance of exposed dry lakebed increases GHC (greenhouse gas) emissions."
6) "Smaller and shallower lakes, ponds, and impoundments emit GHCs (greenhouse gas) to the atmosphere at a much higher rate than large lakes." 7) "Production and emissions of GHC's (greenhouse gases) tend to be lower in lakes that are more saline."
8) "Extreme hyper salinity in brine sinks and industrial salt -production ponds is associated with high methane emissions."
9) "Highly productive eutrophic lakes...have elevated carbon sequestration rates. High carbon burial rates are strongly correlated with nearby extensive agricultural land cover. Biological and biogeochemical processes in the water and sediments enable such waterbodies to function as net carbon sinks." The Salton Sea has all of these characteristics.

SALTON SEA COALITION, P.O. BOX 10693, PALM DESERT, CA. 92255

HOW THE DUST CONTROL MEASURES, AND SHALLOW WATER HABITAT

PROJECTS PLANNED BY THE SALTON SEA MANAGEMENT PLAN (SSMP) COULD MAKE GLOBAL WARMING WORSE. report by Jenny Ross, January 2022, "POTENTIAL MAJOR GREENHOUSE GAS EMISSIONS FROM PROPOSED SALTON SEA LONG-RANGE PLANS." Summary by Chuck Parker, Salton Sea Coalition.

These measures were planned without taking greenhouse gas emissions into account. All of the projects in the current SSMP, and all of the proposed projects other than ones involving refilling the Salton Sea, leave large areas of exposed Iakebed. These exposed sediments contain large amounts of organic materials which will emit greenhouse gases. Additional aspects of ongoing, planned, and proposed projects which will increase greenhouse gas emissions are:
1) "Frequent, significant disturbance of Iakebed sediments." Disturbances like plowing and digging increase sediment exposure and oxygenation, and make CO2 emissions worse. Examples of this which are going on now are surface roughening for dust control, construction and maintenance of impoundment berms, levees, and dirt roads. 2) "Periodic rewetting of large areas of exposed Iakebed." Rewetting of dry Iakebed will cause significant pulses of greenhouse gases into the air. Rewetting will result from natural processes like rain, or wetting by blowing water from the sea or its tributaries onto dry lake bottom, as well as by dust mitigation measures such as periodic wetting of exposed Iakebed sediments, or filling furrows with water.
3) "Small areas of shallow ponded water on portions of the exposed Iakebed." The Salton Sea Management Plan includes several projects that would create small shallow ponds for wildlife habitat. These shallow ponds will emit greenhouse gasses at higher rates than the larger, more saline Salton Sea. 4) "Large areas of ponded water on portions of the exposed Iakebed." These larger projects, such as the proposed Perimeter Lake and North Lake, are likely to be higher emitters of greenhouse gases than the former larger Salton Sea. This is because shallow, freshwater ponds and lakes emit more greenhouse gases than deeper saline lakes.
5) "Extremely hypersaline brine sink(s)." Several of the plans, including the proposed Perimeter Lake, would leave brine sinks in the deepest parts of the Salton Sea sink. Biological and chemical processes in brine sinks yield a very high rate of methane production and emission, and the global warming potential of methane is up to 80 times greater than that of carbon dioxide.

SALTON SEA COALITION, P.O. BOX 10693, PALM DESERT, CA. 92255

Angelica Avila
City Clerk
44-950 Eldorado Drive
Indian Wells, CA 92210
April 21, 2022
Re: Council Member Kimberly Muzik's Resignation effective May 31, 2022 Dear Angelica,
It is with a heavy heart and sadness that I resign my seat on the City Council as I will no longer have my primary residence in our beautiful City of Indian Wells.

Serving the community for the past 51/2 years has been an honor and privilege.

It is with the utmost respect and gratitude that I was given the opportunity to collaborate and work with the Council, City Manager, Staff and residents of Indian Wells.

I'm hopeful our work on critical issues made a difference for the great City of Indian Wells.

Thank you to all and I will miss you.

Sincerely,
Krmb Muzik
Council Member, Indian Wells
Cc: Mayor Reed
Council
Chris Freeland, City Manager

City of Indian Wells
4/21/2022
44-950 Eldorado Drive,
Indian Wells
File #:055-22 Item #:A.

Introduction of Indian Wells City Staff Joanna Rojas and Christian Lopez City of Indian Wells Printed on 4/15/2022Page 1 of 1
powered by Legistar™13

City of Indian Wells
4/21/2022
44-950 Eldorado Drive,
Indian Wells
File #:056-22 Item #:A.

Indian Wells City Council
Staff Report -City Attorney April 21, 2022
Findings to Hold Remote Teleconference/Virtual Meetings and Hybrid (i.e., In-Person and Teleconference/Virtual) Meetings for All City Legislative Bodies, in Accordance with Assembly Bill 361
RECOMMENDED ACTION:

Background:

All meetings legislative bodies of the City are subject to the Ralph M. Brown Act (Gov. Code §§ 54950 et seq.), and must be open and public so that any member of the public may attend and participate in the meetings. Commencing in March of 2020, Governor Newsom issued a series of executive orders aimed at preventing the spread of a respiratory disease that came to be known as the novel coronavirus, “COVID-19.” Among these were Executive Orders (“EO”) N-25-20, N-29-20, and N-35-20 (collectively, the “Brown Act Orders”) that waived the teleconferencing requirements of the Brown Act to allow legislative bodies to meet virtually.

On June 11, 2021, the Governor issued EO N-08-21 to begin winding down some of the prior measures that were adopted to respond to COVID-19. Notably, EO N-08-21 rescinded the Brown Act Orders, effective September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which became effective October 1, 2021, and amended the Brown Act to allow legislative bodies to meet virtually, without following the Brown Act’s standard teleconferencing rules, provided that the legislative body makes specific findings, which include the following: (1) a statewide state of emergency is currently in place; and (2) state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19.

Continued compliance with AB 361 will require the City Council to approve the action making the City of Indian Wells Printed on 4/15/2022Page 1 of 2
powered by Legistar™14

File #:056-22 Item #:A.

Continued compliance with AB 361 will require the City Council to approve the action making the required findings every 30 days (or at the next Council meeting, if greater than 30 days).

Analysis:

The Governor has proclaimed a state of emergency in response to the ongoing COVID-19 pandemic.

The state of emergency currently remains in effect. Further, State officials - including the California Department of Public Health - and local officials have recommended measures to promote social distancing in connection with COVID-19, which are currently in place. Accordingly, both of the above -referenced findings required by AB 361 exist.

The City Council recognizes that a person’s ability to attend and participate in person might change suddenly, depending on the person’s exposure to the virus, or changes in the person’s own health and vulnerability to infection. The Council recognizes that members of the public, and from time-to- time, members of the Council and of other City legislative bodies, as well as City staff might need to or might feel more comfortable attending meetings virtually in light of the ongoing COVID-19 pandemic and the manner in which circumstances surrounding the pandemic, including the impact on individual and public health, may rapidly change. Accordingly, the City Council thus desires to allow for virtual or hybrid (in-person and virtual) meetings of all the City’s legislative bodies in order to both ensure the health and safety of the public, City officials, and City staff, as well as continuity of government in allowing regularly scheduled meetings to continue to occur without unanticipated interruption.

City of Indian Wells Printed on 4/15/2022Page 2 of 2
powered by Legistar™15

City of Indian Wells
4/21/2022
44-950 Eldorado Drive,
Indian Wells
File #:057-22 Item #:B.

Indian Wells City Council
Staff Report - Community Development April 21, 2022 Supplemental Appropriation for Completion of Comprehensive Historic Properties Survey for General Plan Update
RECOMMENDED ACTION:

DISCUSSION:

In May 2020, the City of Indian Wells selected the De Novo Planning Group (De Novo) to complete a comprehensive update to the City’s General Plan.The state of California requires every city and county in California to adopt a General Plan, which is the local government’s long-term blueprint “for the physical development of the city and any land outside its boundaries that bears relation to its planning.” The General Plan represents the community’s view of its future and expresses the long- term growth and development goals. It addresses issues that impact the entire city, such as how land is used, where buildings are built, the locations of roads and parks, safety, noise, and more.

The General Plan contains the goals and policies upon which the City Council and Planning Commission will base their future land use decisions. All city plans, zoning, and private development must be consistent with the diagrams and policies in the General Plan. General Plans are divided into elements based on specific topics. There are seven mandatory elements: land use, circulation, housing, conservation, open space, safety, and noise. State law allows local governments to organize and format their general plans however they desire, as long as the required topics or elements are addressed.

As a part of preparing the General Plan Update, the existing elements may be reorganized, and new elements may be added to emphasize new planning issues that have arisen since the current General Plan was adopted. Since the selection of De Novo, changes in State law have put emphasis on the need to identify historically significant homes and buildings in the community and to include in the General Plan Update. As such, the City contacted De Novo to ascertain costs to conduct a City of Indian Wells Printed on 4/15/2022Page 1 of 2
powered by Legistar™16

File #:057-22 Item #:B.

General Plan Update. As such, the City contacted De Novo to ascertain costs to conduct a Comprehensive Historic Properties Survey.Cogstone Resource Management Inc. has provided De Novo a proposal costing $19, 802 for the study.

The study will identify any residential neighborhoods within the City that may qualify as a historic district under the national, state, or local criteria. Presently, there are no properties within the City’s General Plan Area that are listed in the National Register of Historic Places. The project will include historical society consultation, background research a built environment survey, and the preparation of a comprehensive historic properties survey report that meets the regulatory requirements of the California Environmental Quality Act (CEQA).

The final report will also provide significant information and data that can be utilized by the Indian Wells Historical Society for the preservation of Indian Wells history.

FISCAL IMPACT:

The cost of the study is $19,802. Staff is recommending a supplemental appropriation of $25,000 to cover any additional contingency costs of the project. Funding is from the City’s General Fund.

City of Indian Wells Printed on 4/15/2022Page 2 of 2
powered by Legistar™17

City of Indian Wells
4/21/2022
44-950 Eldorado Drive,
Indian Wells
File #:058-22 Item #:C.

Indian Wells City Council
Staff Report - City Clerk April 21, 2022 Annual Committee Appointment Process and Schedule
RECOMMENDED ACTIONS:

Council APPROVES the recruitment schedule; and
DESIGNATES Mayor Pro Tem Griffith and Council Member Sanders to serve as the Ad-Hoc Interview Committee for the Planning Commission.

DISCUSSION:

There are 12 seats in various Committees/Commissions under consideration this year. Five members are eligible for consideration on being re-appointed per the Council policy for another two-year term ending on June 20, 2024. Three members are termed-out and new members need to be appointed by the Council.

In addition, there are three current vacancies on the Community Activities from recent resignations of Mr. Robert Barranco, Ms. Robyn Maitland, and Ms. Jane Raimondi all with terms ending June 2023, and a resignation on the Golf Resort Advisory Committee, Mr. Michael Moore who recently moved out of the City. The vacancies are as follows:

Planning Commission Community Activities Committee

1. Nicholas Conway 1 term left 1. Vanesa Joslyn-Wallen 1 term left

2. Ivan Moad Termed out 2. Vacancy

3. John Schleimer 1 term left 3. Vacancy

4. Vacancy
Golf Resort Advisory Committee Grants In Aid Committee

1. Mike Finnell 1 term left 1. Judy Tobin May Termed out

2. Kenneth Welch Termed out

3. Vacancy
City of Indian Wells Printed on 4/15/2022Page 1 of 2
powered by Legistar™18

File #:058-22 Item #:C.

Joslyn Senior Center Board

1. Pamela Elliot 1 term left
Staff is soliciting applications by advertising the annual recruitment in the Desert Sun in early April, email notifications are sent in mid-April concerning the committee vacancies. In addition, applications are mailed to residents who expressed interest in serving. A link of the application and committee descriptions is posted on the City’s website.

The deadline to apply is 5:00 p.m. on Friday, May 6, 2022.

In 2017, the Council implemented two Council Member Ad-hoc committees to review applications and interviews with the applicants. The Ad-hoc Interview Committees (“Ad-hoc Committee”) consist of the two Council Members who are assigned to that committee or as designated by Council at a Council meeting. Staff recommends the Council designate Mayor Pro Tem Donna Griffith and Council Member Greg Sanders to serve as Ad-hoc Committees for Planning Commission.

Each Ad-hoc Committee selects dates for interviews between May 9 through May 25, 2022.

Interviews will be conducted via zoom/teleconference or in person. The Ad-hoc Committees will forward their appointment recommendations to the City Clerk no later than May 26, 2022. The Ad- Hoc Committee recommendations are to be introduced for approval at the June meeting for Council consideration.

City of Indian Wells Printed on 4/15/2022Page 2 of 2
powered by Legistar™19

City of Indian Wells
4/21/2022
44-950 Eldorado Drive,
Indian Wells
File #:RES-014-22 Item #:D.

Indian Wells City Council
Staff Report - City Clerk April 21, 2022 Resolution Revising the Citywide Records Retention and Destruction Schedule
RECOMMENDED ACTIONS:

Council ADOPTS Resolution Revising the Citywide Records Retention and Destruction Schedule.

BACKGROUND:

Records management provides efficient, effective, and economical storage and retrieval of information. The guiding principles include ensuring that information is available when and where it is needed; that the information is organized for efficient retrieval and kept in a well-maintained environment. Efficient records management ensures that records are kept only as long as they have some administrative, fiscal or legal value. Municipal records retention is regulated by the Municipal Code, the California Government Code, the California Department of Justice, and in some cases, federal regulations.

The Secretary of State has established the local government records program which provides guidelines for local government retention and archival support to local agencies. These regulations require the City to have a retention schedule for all pertinent public records. Government Code Section 34090 provides a procedure whereby any City record which has served its purpose and is no longer required may be destroyed, as long as the destruction of said records will not interfere with the services and functions of the City.

DISCUSSION:

In 2017, the City contracted with Gladwell Governmental Services, Inc. (Gladwell,) to assist with the City with the records retention schedule updates, as in past practice. Gladwell specializes in California local government records and has reviewed and approved the proposed updates. In February of 2021, the City Clerk and City Attorney’s office evaluated the records retention schedule and determined all relevant records are included in the current records retention schedule.

Staff recommends the Council adopt the Resolution approving the revised schedules which are City of Indian Wells Printed on 4/15/2022Page 1 of 2
powered by Legistar™20

File #:RES-014-22 Item #:D.

Staff recommends the Council adopt the Resolution approving the revised schedules which are attached as Exhibit “A” to the Resolution. The schedules show strikethroughs of items that were deleted and retention periods that were changes. The revised language is shown as underline. It is Staff’s intent to review the City’s Records Retention Schedule on an annual basis to ensure the retention periods continue to meet State and Federal Guidelines.

ATTACHMENT:

1. Resolution
City of Indian Wells Printed on 4/15/2022Page 2 of 2
powered by Legistar™21

RESOLUTION NO. 2022-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN

WELLS, CALIFORNIA, ADOPTING A REVISED RECORDS

RETENTION AND DESTRUCTION SCHEDULE AND AUTHORIZING

THE DESTRUCTION OF OBSOLETE CITY RECORDS IN

ACCORDANCE WITH STATE LAW
WHEREAS, the maintenance of numerous city records is expensive, inefficient, hinders efficient document retrieval, and is not necessary after a certain period of time for the effective and efficient operation of the government of the City of Indian Wells; and
WHEREAS, California Government Code section 34090 et seq. provides that, with the approval of the City Council by resolution and the written consent of the City Attorney, the heard of a City department may destroy any City record, document, instrument, book or paper, under his or her charge, without making a copy thereof, after the same is no longer required, provided that certain records are exempt from such destruction; ; and
WHEREAS, due to changes in state and federal law regarding the retention of public agency records, City staff has determined that the Records Retention Schedule requires amendment in order for the City to be in legal compliance regarding the retention and destruction of obsolete records; and
WHEREAS, this Resolution is intended to adopt a revised records retention and destruction schedule that facilitates the orderly and efficient retention and destruction of City records in accordance with State law; and
WHEREAS, the City Attorney has reviewed and approves the revised Records Retention Schedule, as evidenced by his signature on this Resolution, in accordance with the provisions of California Government Code section 34090.

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. The records of the City of Indian Wells, as set forth in the Records Retention Schedule, “Exhibit A”, attached hereto and incorporated herein by this reference, are hereby authorized to be destroyed as provided by Section 34090 et seq. of the Government Code of the State of California and in accordance with the provision of said Schedule upon the request of the applicable department head (“Director”) and with the consent in writing of the City Clerk and/or his/her designee, without further action by the City Council of the City of Indian Wells.

A.“City Record” or “Records”: Anything that constitutes an objective lasting indication of a writing, event or other information, regardless of physical form or ATTACHMENT #1
22 City of Indian Wells
Resolution No. 2022-11

Page 2 ends

characteristics [including, but not limited to, any record, document, instrument, book, paper, map, exhibit, magnetic or paper tape, photographic film, photographic print, optical media, electronically transmitted mail (email), facsimile, other electronic file, or other records as defined by the California Public Records Act], which is in the custody of a public officer and is kept either: (1) because a law requires it to be kept, or (2) because it is necessary or convenient to the discharge of the public officer’s duties and was made or retained for the purpose of preserving its informational content for future reference.

B. “Non-Record”: Anything that constitutes an objective lasting indication of a writing, event or other information that does not fall under the definition of a City Record, [including, but not limited to (1) magazines or publications not produced by the City; (2) library or museum material intended solely for reference or exhibition; (3) transitory writings, including working papers, appointment logs, notes, calculations or preliminary drafts, or interagency or intra-agency memoranda, that are not retained by the City in the ordinary course of business even if they contain information relating to the conduct of the City’s business; (4) unofficial copies of documents kept only for convenience or reference; and (5) documents that do not contain information relating to the conduct of the City’s business].

C. “Legal Hold”: The duty of the City to preserve and not destroy any records that are potentially relevant to any of the following in which the City may be involved: a reasonably anticipated claim or litigation; an ongoing claim or litigation; a pending employee grievance; a pending regulatory or governmental investigation; a pending subpoena; a pending Public Records Act request; a pending audit; or similar legal matter. Any records subject to a Legal Hold must be preserved in all forms in which the records exist, including both paper and electronic formats.

SECTION 2. The Records Retention and Destruction Schedules are further defined below.

A. The Records Retention and Destruction Schedules attached hereto as “Exhibit A”, and incorporated herein by this reference, are hereby adopted.

B. City Records shall be retained for the minimum periods listed in the column entitled “Total Retention” on “Exhibit A” and shall not be destroyed until notice approved for destruction in accordance with this Resolution.

C. Non-Records need not be retained in any form; provided, however, that any Non-Records that are subject to a Legal Hold shall not be destroyed until notice is provided by the responsible attorney for the City of Indian Wells that such Non-Records no longer need to be retained.

23 City of Indian Wells
Resolution No. 2022-11

Page 3 ends

SECTION 3. The Approval of Destruction of City Records is further defined below.

A. At the expiration of the retention period set forth for each record series listed on Exhibit A, such expired City Records are authorized to be destroyed as provided by Government Code Section 34090 upon the written request of the City Manager or appropriate department head and with the consent in writing of the City Clerk and the City Attorney to such destruction, without further action by the City Council. All City Records approved for destruction that are of a sensitive or confidential nature shall be shredded.

B. Notwithstanding the foregoing, City Records that are subject to a Legal Hold shall be retained and are not authorized for destruction until notice is provided by the City Attorney that such City Records subject to a Legal Hold no longer need to be retained.

C. In no event may any of the following City Records be destroyed:

• City records affecting the title to real property or liens thereon. • Court records.
• City Records required to be kept by statute.
• City Records less than two years old except for duplicate records or unless otherwise provided by law.
• The minutes, ordinances or resolutions of the City Council or any City Committee, Board or Commission.

SECTION 4. Any provision of a previously adopted City Council resolution or Records Retention and Destruction Schedule that conflicts with this Resolution or the attached “Exhibit A” is superseded and shall be of no further force or effect upon the adoption of this Resolution.

SECTION 5. With the written approval of the City Clerk, City Manager, and City Attorney, updates are hereby authorized to be made to the Records Retention and Destruction Schedule without further action by the City Council.

SECTION 6. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

SECTION 7. This Resolution shall become effective immediately upon its passage and adoption.

24 City of Indian Wells
Resolution No. 2022-11

Page 4 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 21st day of April 2022. ________________________________

DANA REED
MAYOR
CERTIFICATION FOR RESOLUTION NO. 2022-11
I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Indian Wells on the 21st day of April 2022, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:
_______________________ ___________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY
25 RECORDS RETENTION SCHEDULE LEGEND
©1995 – 2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission OFR (Office of Record): The department that keeps the original or “record copy.” Usually it is the department that originates the record, unless the item is for a City Council meeting (then it is the City Clerk.)
Records Description: The record series (a group of like records).

Transitory Records not retained in the ordinary course of business, that do NOT have substantive content: Preliminary drafts, notes, or interagency or intra- agency memoranda and records having only transitory value. Examples: Telephone messages, meeting room reservation schedules , logs, source records entered into a computer system that qualifies as a “trusted system”, etc.

Non-Record: Documents, studies, books and pamphlets produced by outside agencies, preliminary drafts not retained in the ordinary course of business.

Retention/Disposition:Active: How long the file remains in the immediate office area (guideline) Inactive: How long the file is in off-site storage, stored on Optical Disk or Microforms (guideline) Total Retention: The total number of years the record will be retained For file folders containing documents with different retention timeframes, use the document with the longest retention time.

P = Permanent
Indefinite = No fixed or specified retention period; used for databases, because the data fields are interrelated.

Vital? = Those records that are needed for basic operations in the event of a disaster.

Media Options (guideline) – the form of the record: Mag = Electronic Computer Magnetic Media (Hard drives, Networks, USB Drives, Cloud, etc.) Mfr = Microforms (aperture cards, microfilm, microfiche, or jackets) Ppr = Paper
OD = Optical Disk, CD-r, DVD-r, WORM, or other media which does not allow changes Scan / Import (guideline): “S” indicates the record should be scanned into the document imaging system; “I” indicates the record should be electronically imported into the document imaging system; “M” indicates the record should be microfilmed
Destroy Paper after Imaged & QC’d / Trustworthy Electronic Record: “Yes” indicates the electronic record may serve as the OFFICIAL record (and the paper version may be destroyed, or the record may be electronically generated and never exist in paper format;) IF the document has been imaged (electronically generated, scanned or imported and placed on Unalterable Media – DVD-R, CD-R, or WORM, or microfilmed), and both the images and indexing Quality Checked (“QC’d”). The electronic record or image must contain all significant details from the original and be an adequate substitute for the original document for all purposes, and other legal mandates apply. Includes all electronic records which are to serve as the Official Record.

Legend for legal citations (§: Section) B&P: Business & Professions Code (CA) CBC: California Building Code CC: Civil Code (CA) CCP: Code of Civil Procedure (CA) CCR: California Code of Regulations (CA) CFC: California Fire Code CFR: Code of Federal Regulations (US) EC: Elections Code (CA) EVC: Evidence Code (CA) FA: Food & Agriculture Code FC: Family Code (CA) FTB: Franchise Tax Board (CA) GC: Government Code (CA) H&S: Health & Safety Code (CA) HUD: Housing & Urban Develop. (US) LC: Labor Code (CA) Ops. Cal. Atty. Gen..: Attorney General Opinions (CA) PC: Penal Code (CA) PRC Public Resources Code R&T: Revenue & Taxation Code (CA) UFC: Uniform Fire Code USC: United States Code (US) VC: Vehicle Code (CA) W&I: Welfare & Institutions Code (CA)
EXHIBIT "A"
26 Ver. 18.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-1 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site, OD
or Mfr)
Total
Retention Vital?Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule.

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

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

CITY WIDE (Used by All Departments)
Personnel /
Risk
Manag.
0180 Accident, incident, injury reports:

EMPLOYEES
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Mag, Ppr Copies retained for reference;
GC §34090.7
Personnel /
Risk
Manag.
0180 Accident, incident, injury reports:

MEMBERS OF THE PUBLIC
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Mag, Ppr Copies retained for reference;
GC §34090.7
Finance /
Accounts
Payable
0300
Accounts Payable, Invoices, etc.
(Exceptions: Confidential attorney
/ personnel invoices - see City
Attorney & Personnel schedules)
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Yes:

Before
Payment
Mag, Ppr Finance Maintains Originals;
GC §34090.7
Lead Dept.Advertising (Legal)2 years 2 years Mag, Ppr
Brown Act challenges must be
filed within 30 or 90 days of
action; Statute of Limitations on
Municipal Government actions
is 3 - 6 months; Statute of
Limitations for mailings for
annexations, special districts,
bonds is 60 days; GC §§34090,
54960.1(c)(1)
City Clerk Agenda Staff Reports (City
Council)
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Mag, Mfr,
OD, Ppr S Yes
City Clerk maintains a complete
agenda packet permanently;
GC §34090
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 27 Ver. 18.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-2 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site, OD
or Mfr)
Total
Retention Vital?Media
Options
Image:

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

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

City Clerk 0400
Agreements & Contracts (ALL)
Agreement or Contract, Lease,
MOU, etc. Agreement or
Contract includes
Bids/Specifications / Scope of
Work, and Successful Proposal.

Change Orders, Insurance
Certificates and Notices of
Completion are maintained by the
Lead Dept.

Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Yes:

Before
Completion
Mag, Mfr,
OD, Ppr S Yes: After
Inactive
All agreements and contracts
are sent to the City Clerk; GC
§34090.7
Lead Dept.0400
Agreements & Contracts:

ADMINISTRATIVE FILES - NOT
funded by a grant
(Correspondence, Project
Administration, Project Schedules,
Certified Payrolls, Copies of
Invoices, Logs, RFP, etc.)
Completion 10 years Completion
+ 10 years
Yes:

Before
Completion
Mag, Mfr,
OD, Ppr S/I Yes: Upon
Completion
Covers E&O Statute of
Limitations (insurance
certificates are filed with
agreement); 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. 337.1(a), 337.15, 343;
GC §34090
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 28 Ver. 18.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-3 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site, OD
or Mfr)
Total
Retention Vital?Media
Options
Image:

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.0400, Let's
talk
Agreements & Contracts:

ADMINISTRATIVE FILES - WITH
grant funding (Correspondence,
Project Administration, Project
Schedules, Certified Payrolls,
Copies of Invoices, Logs, RFP,
etc.)
Completion
10 years or
After
Funding
Agency
Audit, if
required,
whichever is
longer
Completion
+ 10 years
or After
Funding
Agency
Audit, if
required,
whichever
is longer
Yes:

Before
Completion
Mag, Mfr,
OD, Ppr S/I Yes: Upon
Completion
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;
2 CFR 200.334; 2 CFR
200.333; 24 CFR 91.105(h),

92.505, 570.490, & 570.502(a),
CCP §§337. 337.1(a), 337.15,
343; GC §34090; OMB Circular
A-110 & A-133; GC §34090, GC
§8546.7
Lead Dept.0170, 0380
Agreements & Contracts:

UNSUCCESSFUL BIDS,

UNSUCCESSFUL PROPOSALS,
and RFQs (Request for
Qualifications) that don't result in a
contract
2 years 2 years Mag, Ppr GC §34090
Bids: See Agreements &
Contracts
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 29 Ver. 18.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-4 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site, OD
or Mfr)
Total
Retention Vital?Media
Options
Image:

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).

Staffing
Dept.

Boards, Commissions, &
Committees: AUDIO
RECORDINGS - DIGITAL - of
Meetings (except Council and
Planning Commission - see City
Clerk's and Planning's schedule)
P P Mag
City Preference; State law only
requires for 30 days; GC
§54953.5(b)
Staffing
Dept.

Boards, Commissions, &
Committees: AUDIO
RECORDINGS - TAPES of
Meetings (except Council and
Planning Commission - see City
Clerk's and Planning's schedule)
2 years 2 years Tape
(Mag)
City Preference; State law only
requires for 30 days; GC
§54953.5(b)
Staffing
Dept.0120
Boards, Commissions, &
Committees: Citizens Advisory
Formed by CITY COUNCIL, other
than ALC and Planning
Commission (AGENDA

PACKETS)
2 years 2 years Mag, Ppr GC §34090
Staffing
Dept.0120, 0455
Boards, Commissions, &
Committees: Citizens Advisory
Formed by CITY COUNCIL
(Agendas, Notices, Affidavits of
Postings, Proof of Publications,
etc.)
2 years 2 years Mag, Ppr
Brown Act challenges must be
filed within 30 or 90 days of
action; GC §§34090,
54960.1(c)(1)
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 30 Ver. 18.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-5 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site, OD
or Mfr)
Total
Retention Vital?Media
Options
Image:

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).

Staffing
Dept.0120
Boards, Commissions, &
Committees: Citizens Advisory
Formed by CITY COUNCIL
(MINUTES, RESOLUTIONS)
Exception: Planning Commission
(City Clerk is OFR)
P P Yes Mag, Mfr,
OD, Ppr S Yes: After
2 years
Notes taken to facilitate the
writing of the minutes can be
destroyed after minutes have
been adopted; GC §34090
Staffing
Dept.0120
Boards, Commissions, &
Committees: Citizens Advisory
Formed by CITY COUNCIL (Staff
Reports)
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
Mag, Ppr
Brown Act challenges must be
filed within 30 or 90 days of
action; GC §§34090,
54960.1(c)(1)
Staffing
Dept.0120
Boards, Commissions, &
Committees: City Council
Subcommittees (All records)
2 years 2 years Mag, Ppr
Subcommittees can not take
action -- all recommendations
go to the full Council; Brown Act
challenges must be filed within
30 or 90 days of action; GC
§§34090, 54960.1(c)(1)
0120
Boards, Commissions, &
Committees: External
Organizations (e.g. County Board
of Supervisors)
When No
Longer
Required
When No
Longer
Required
Mag, Ppr Non-records
Brochures: See Reference
Materials
Finance /
Admin.0330 Budgets - Finals
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Yes:

Current
Fiscal Year
Mag, Mfr,
OD, Ppr S/I Yes: After
5 years
Copies; Final must be filed with
County Auditor; GC §34090.7,
40802, 53901
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 31 Ver. 18.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-6 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site, OD
or Mfr)
Total
Retention Vital?Media
Options
Image:

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

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

Finance /
Accounts
Receivable
0390 Cash Receipts Detail / Backup /
Accounts Receivable
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Mag, Ppr GC §34090.7
Lead Dept.0400 Change Orders - Infrastructure /
Land Completion P P
Yes:

Before
Completion
Mag, Mfr,
OD, Ppr S Yes: After
Inactive
City Preference; All
infrastructure change orders
should be permanent for
emergency preparedness;
Statute of Limitations is 4 years;
10 years for Errors &
Omissions; CCP §§337.
337.1(a), 337.15, 343; GC
§34090, Contractor has
retention requirements in 48
CFR 4.703
Lead Dept.0400
Change Orders - Non-
Infrastructure (Examples of Non-
Infrastructure: Consultants,
Franchises, Landscaping,
Painting, Paving, Slurry Seals,
Tree Trimming, Leases,
Personnel, Professional Services,
etc.)
Completion 10 years Completion
+ 10 years
Yes:

Before
Completion
Mag, Mfr,
OD, Ppr S/I Yes: Upon
Completion
Covers E&O Statute of
Limitations ; Published Audit
Standards=4-7 years; Statute of
Limitations: Contracts &
Spec's=4 years, Wrongful
Death=comp. + 5 years,
Developers=comp. + 10 years;
Statewide guidelines propose
termination + 5 years; CCP
§§336(a), 337 et. seq., GC
§34090
City
Attorney 0450 City Attorney: Opinions
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Mag, Mfr,
OD, Ppr S No GC §34090.7
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 32 Ver. 18.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-7 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site, OD
or Mfr)
Total
Retention Vital?Media
Options
Image:

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).

Personnel /
Risk
Manag.
0180 Claims / Liability Claims
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Yes:

Before
Settlement
Mag, Mfr,
OD, Ppr S/I Yes: After
Settlement
Copies retained in department
for 1 year; Risk Management
administrates claim; GC
§§34090.7, 34090.6
Lead Dept.0100
Committees / Staff Meetings:

Internal attended by employees
(e.g. Records Management
Committee, In-House Task
Forces, etc.)
2 years 2 years Mag, Ppr GC §34090
Lead
(Respond-
ing) Dept.
0100, 0210,
0760
Complaints (against Personnel -
e.g. misconduct, abuse, excessive
force, etc.)
Final
Disposition
+ 5 years
Final
Disposition
+ 5 years
Yes:

Before
Disposition
Mag, Ppr
Statute of Limitations for public
official misconduct is discovery
of offense + 4 years ; State and
Fed laws is until final disposition
of formal complaint; State
requires 2 years after action;
EVC § 1045, GC §§12946,
12960, 34090; PC §§801.5,
803(c), VC §2547
Lead Dept.0100, 0210,
0760
Complaints / Service Orders
(operational) 3 years 3 years Mag Ppr
City preference; Statute of
Limitations for personal
property, fraud, etc. is 3 years;
Claims must be filed in 6
months; CCP § 340 et seq.,
342, GC §34090
Contracts: See Agreements
Copies or duplicates of any record
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Mag Ppr GC §34090.7
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 33 Ver. 18.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-8 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site, OD
or Mfr)
Total
Retention Vital?Media
Options
Image:

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).

Dept. that
Authors
Document
or
Receives
the City's
Original
Document
(from an
outside
source)
0100, 0110,
0210
Correspondence - ROUTINE
(Content relates in a substantive
way to the conduct of the
public's business)
(e.g. Letters, Memorandums,
Administrative, Chronological,
General Files,
2 years 2 years Mag, Ppr GC §34090
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 34 Ver. 18.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-9 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site, OD
or Mfr)
Total
Retention Vital?Media
Options
Image:

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).

Dept. that
Authors
Document
or
Receives
the City's
Original
Document
(from an
outside
source)
0100, 0110,
0210
Correspondence - TRANSITORY /

PRELIMINARY DRAFTS,
Interagency and Intraagency
Memoranda not retained in the
ordinary course of business
Content NOT Substantive, or
NOT made or retained for the
purpose of preserving the
informational content for future
reference
(e.g. calendars, checklists, instant
messaging, inventories,
invitations, logs, mailing lists,
meeting room registrations,
speaker slips, staff
videoconference chats, notes and
recordings, supply inventories,
telephone messages, text
messages, transmittal letters,
thank yous, requests from other
cities, undeliverable envelopes,
visitors logs, voice mails,
webpages, etc.)
When No
Longer
Required
When No
Longer
Required
Mag, Ppr
Electronic and paper records
are categorized, filed and
retained based upon the
CONTENT of the record.

Records where either the
Content relates in a
substantive way to the
conduct of the public's
business, or ARE made or
retained for the purpose of
preserving the informational
content for future reference
are saved by placing them in an
electronic or paper (project) file
folder and retained for the
applicable retention period. If
not mentioned here, consult the
City Attorney to determine if a
record is considered transitory /
preliminary draft. GC §§34090,
6252, 6254(a); 64 Ops. Cal.

Atty. Gen. 317 (1981)); City of
San Jose v. Superior Court
(Smith). S218066. Supreme
Court of California, 2017
Lead
Depart.Databases Indefinite Indefinite Yes Mag.Data is interrelated; GC §34090 et seq.

CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 35 Ver. 18.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-10 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site, OD
or Mfr)
Total
Retention Vital?Media
Options
Image:

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.Drafts & Notes: Drafts that are
revised (retain final version)
When No
Longer
Required
When No
Longer
Required
Mag, Ppr
As long as the drafts and notes
are not retained in the "Regular
Course of Business". Consult
the City Attorney to determine if
a record is considered a draft.

GC §§34090, 6252, 6254(a)
Lead
Depart.

E-mail relating to the conduct of
the City's business 2 years 2 years Yes Mag.

City preference; GC §§34090,
6252, 6254(a); 64 Ops. Cal.

Atty. Gen. 317 (1981)); City of
San Jose v. Superior Court
(Smith). S218066. Supreme
Court of California, 2017
Lead Dept.0390, 0640,
0660
Grants / CDBG / Reimbursable
Claims / FEMA Claims / OES
Claims (SUCCESSFUL Reports,
Audit Reports, other records
required to pass the funding
agency's audit, if required)
Grants received by the City,
including CDBG
2 years
After
Funding
Agency
Audit, if
Required -
Minimum 5
years
After
Funding
Agency
Audit, if
required -
Minimum 5
years
Mag, Mfr,
OD, Ppr S / I
Yes:

When
Inactive
Meets auditing standards;
Grants covered by a
Consolidated Action Plan are
required for 5 years; Uniform
Admin. Requirements for Grants
to Local Governments is 3 years
from expenditure report or final
payment of grantee or
subgrantee; statewide
guidelines propose 4 years; 2
CFR 200.334; 2 CFR 200.333;
24 CFR 91.105(h), 92.505,
570.490, & 570.502(a), 29 CFR

97.42; OMB Circular A-110 & A-
133; GC §34090; GC §8546.7
Lead Dept.0390, 0640,
0660
Grants (UNSUCCESSFUL
Applications, Correspondence)2 years 2 years Mag, Ppr GC §34090 CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 36 Ver. 18.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-11 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site, OD
or Mfr)
Total
Retention Vital?Media
Options
Image:

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).

Personnel Grievances - ALL
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Yes: Before
Disposition Mag, Ppr
City Preference; All State and
Federal laws require retention
until final disposition of formal
complaint; State requires 2
years after action is taken; GC
§§12946, 12960, 34090
Lead Dept.0400 Insurance Certificates -
Infrastructure / Land Completion P P
Yes:

Before
Completion
Mag, Mfr,
OD, Ppr S Yes: After
Inactive
City Preference; All
infrastructure change orders
should be permanent for
emergency preparedness;
Statute of Limitations is 4 years;
10 years for Errors &
Omissions; CCP §§337.
337.1(a), 337.15, 343; GC
§34090, Contractor has
retention requirements in 48
CFR 4.703
Lead Dept.0400
Insurance Certificates - Non-
Infrastructure (Examples of Non-
Infrastructure: Consultants,
Franchises, Landscaping,
Painting, Paving, Slurry Seals,
Tree Trimming, Leases,
Personnel, Professional Services,
etc.)
Completion 10 years Completion
+ 10 years
Yes:

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

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

City Clerk 0180 Insurance Certificates (for
Contracts, etc.)
Forward to
City Clerk
Forward to
City Clerk
Yes:

Before
Completion
Mag, Mfr,
OD, Ppr Mfr Yes: After
Inactive GC §34090.7
City
Attorney 0470 Lawsuits, Litigation, Pending
Litigation
When No
Longer
Required
(Upon
Settlement)
When No
Longer
Required
(Upon
Settlement)
Yes:

Before
Settlement
Mag, Mfr,
OD, Ppr S/I Yes: After
Settlement
City Attorney is OFR for
lawsuits; Risk Management
administrates claim; GC
§§34090.7, 34090.6
Minutes: See Commissions,
Committees and Boards
Lead Dept.

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)
30 years 30 years Mag, Mfr,
OD, Ppr S Yes (after
inactive)
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)(B)(2 and 3),
29 CFR 1910.1020(d)(1)(ii)(B),
GC §34090
City Clerk 0460 Municipal Code (these are copies)
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Yes:

Current
Original
Mag, Mfr,
OD, Ppr I No
Return any whole unused codes
to the City Clerk; Originals
maintained by City Clerk
Permanently; GC §34090
Lead Dept.Newspaper Clippings
When No
Longer
Required
When No
Longer
Required
Ppr
Non-records - may be obtained
from the newspaper company;
GC §34090
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 38 Ver. 18.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-13 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site, OD
or Mfr)
Total
Retention Vital?Media
Options
Image:

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.0400 Notice of Completion -
Infrastructure / Land Completion P P
Yes:

Before
Completion
Mag, Mfr,
OD, Ppr S Yes: After
Inactive
City Preference; All
infrastructure change orders
should be permanent for
emergency preparedness;
Statute of Limitations is 4 years;
10 years for Errors &
Omissions; CCP §§337.
337.1(a), 337.15, 343; GC
§34090, Contractor has
retention requirements in 48
CFR 4.703
Lead Dept.0400
Notice of Completion- Non-
Infrastructure (Examples of Non-
Infrastructure: Consultants,
Franchises, Landscaping,
Painting, Paving, Slurry Seals,
Tree Trimming, Leases,
Personnel, Professional Services,
etc.)
Completion 10 years Completion
+ 10 years
Yes:

Before
Completion
Mag, Mfr,
OD, Ppr S/I Yes: Upon
Completion
Covers E&O Statute of
Limitations ; Published Audit
Standards=4-7 years; Statute of
Limitations: Contracts &
Spec's=4 years, Wrongful
Death=comp. + 5 years,
Developers=comp. + 10 years;
Statewide guidelines propose
termination + 5 years; CCP
§§336(a), 337 et. seq., GC
§34090
Staffing
Dept.
0120, 0380,
0420, 0450
Notices: Public Hearing Notices,
bids, etc.
(See Correspondence: Transitory
for undeliverable envelopes)
2 years 2 years Mag, Ppr
Statute of Limitations on
Municipal Government actions
is 3 - 6 months; statute of
Limitations for mailings for
annexations, special districts,
bonds is 60 days; CCP §§337 et
seq, 349.4; GC §§34090,
54960.1(c)(1)
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 39 Ver. 18.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-14 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site, OD
or Mfr)
Total
Retention Vital?Media
Options
Image:

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

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

City Clerk 0460 Ordinances
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Yes (all)Mag, Mfr,
OD, Ppr S No Originals maintained by City
Clerk Permanently; GC §34090
Personnel 0530 Personnel Files
Upon
Separation,
Send All
Originals to
Personnel
Upon
Separation,
Send All
Originals to
Personnel
Before
Separation Mag, Ppr
Ensure records kept in
Department files comply with
City policy (all originals are sent
to Human Resources, only the
Supervisor's file is maintained in
departments); GC §34090.7
Personnel 0530
Personnel Files (Supervisors File
of notes - incorporated into Annual
Performance Evaluations)
1 year 1 year
Before
Annual
Performanc
e
Evaluation
Mag, Ppr
Preliminary Drafts, Notes
maintained in a separate folder
to be incorporated into
performance evaluation; GC
§34090 et seq.

Lead Dept.0160 Photographs, City Related (analog
/ prints)
When No
Longer
Required
When No
Longer
Required
Mag, Ppr
Digital photographs are
maintained by Information
Technology; Some photographs
may be retained permanently as
historical records, some may be
destroyed right away; some
photographs are drafts that
become part of a newsletter or
other documents; GC §34090 et
seq.

CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 40 Ver. 18.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-15 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site, OD
or Mfr)
Total
Retention Vital?Media
Options
Image:

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).

Marketing
& Public
Relations
0160 Press Releases
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Yes:

Before
Payment
Mag, Ppr GC §34090.7
Finance /
Purchasing 0380 Purchase Orders, Purchase
Requisitions
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Yes:

Before
Payment
Mag, Ppr
Purchasing is OFR; Financial
records are audited annually;
GC §34090.7
Lead Dept.Real Estate Appraisal Reports
When No
Longer
Required -
Minimum 7
years
When No
Longer
Required -
Minimum 7
years
Mag, Ppr
Department preference (not
accessible to the public until
close of escrow); USPAP
(Uniform Standards of
Professional Appraisal Practice)
ethical standards require
appraisers to retain records for
at least 5 years, or final
disposition + 2 years, if used in
a judicial proceeding; statewide
guidelines show 2 years; GC
§§34090, 6254(h)
Lead Dept.0170 Records Inventories Indefinite Indefinite Yes Mag Data is superseded; GC §34090 Lead Dept.0170 Records Management Audit
Forms 2 years 2 years Mag, Ppr GC §34090
Lead Dept.0100, 0710,
0730,
Reference Materials: Policies,
Procedures, Reports, Activity
Reports, Brochures, Manuals,
Newsletters, Directives, Goals &
Objectives, Handbooks, etc.:

Produced by YOUR Department
Minimum of
2 years
Minimum of
2 years Mag, Ppr
Statewide guidelines propose
superseded + 2 or 5 years; GC
§34090
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 41 Ver. 18.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-16 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site, OD
or Mfr)
Total
Retention Vital?Media
Options
Image:

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). 0100, 0710,
0730,
Reference Materials: Policies,
Procedures, Reports, Activity
Reports, Brochures, Manuals,
Newsletters, Directives, Goals &
Objectives, Handbooks, etc.:

Produced by OUTSIDE
ORGANIZATIONS (League of
California Cities, Chamber of
Commerce, etc.)
When No
Longer
Required
When No
Longer
Required
Mag, Ppr Non-Records
Lead Dept.0100
Reference Materials: Policies,
Procedures, Reports, Activity
Reports, Brochures, Manuals,
Newsletters, Directives, Goals &
Objectives, Handbooks, etc. :

Produced by OTHER
Departments
When
Superseded
When
Superseded Mag, Ppr Copies; GC §34090.7
Reference or Working Files: See
Correspondence
Lead Dept.
0100, 0620,
0625, 0710,
0730, 0760,
0770, 0840,
0850, 0860
Reports and Studies (Historically
significant)10 years P P Mag, Mfr,
OD, Ppr S/I Yes: After
10 years
Administratively and Historically
significant, therefore retained
permanently; GC §34090
Lead Dept.
0100, 0620,
0625, 0710,
0730, 0760,
0770, 0840,
0850, 0860
Reports and Studies (other than
Historically significant reports -
e.g. Annual Reports)
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
Mag, Ppr
Information is outdated after a
period of time; statewide
guidelines propose 2 years; If
historically significant, retain
permanently; GC §34090
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 42 Ver. 18.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-17 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site, OD
or Mfr)
Total
Retention Vital?Media
Options
Image:

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

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

City Clerk 0460
Resolutions - City Council,
Planning Commission, ALC, and
Redevelopment Agency (these are
copies)
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Yes (all)Mag, Mfr,
OD, Ppr S No
Originals maintained by City
Clerk Permanently; GC
§34090.7
Lead
Depart.

Social Media postings relating to
the conduct of the City's business 2 years 2 years Yes Mag.

City preference; GC §§34090,
6252, 6254(a); 64 Ops. Cal.

Atty. Gen. 317 (1981)); City of
San Jose v. Superior Court
(Smith). S218066. Supreme
Court of California, 2017
Lead Dept.Speaker Cards (submitted at
public meetings)
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Ppr
Transitory records not retained
in the ordinary course of
business (used to accurately
produce minutes); GC §§34090
et seq., 6254(a)
Lead Dept.0160, 0610?Special Event Permits 4 years 4 years Yes: Until
Event
Completed
Mag, Ppr
Statute of Limitations any
"...liability founded upon an
instrument in writing" or not
specifically provided for is 4
years; GC §34090, CCP §§337,
343
Lead Dept.0100
Surveys / Questionnaires (that the
City issues). If a summary of the
data is compiled, the survey forms
are considered a draft or transitory
record, and can be destroyed
when no longer required.
2 years 2 years Mag, Ppr GC §34090
Tapes: See Boards &
Commissions
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 43 Ver. 18.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-18 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site, OD
or Mfr)
Total
Retention Vital?Media
Options
Image:

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.Telephone Messages
When No
Longer
Required
When No
Longer
Required
Ppr
As long as they are not retained
in the "Regular Course of
Business". Consult the City
Attorney to determine if a record
is considered a draft. GC
§34090, GC §6252
Finance /
Payroll 0360 Time Cards / Time Sheets
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Mag Copies; GC §34090.7
Lead Dept.

Training - All Course Records
(Attendance Rosters, Outlines and
Materials; includes Ethics,
Harassment Prevention & Safety
training & Tailgate Training
Meetings)
2 years 5 years 7 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
1602.31, LC §6429(c); GC
§§12946, 12960, 34090,
53235.2(b), 53237.2(b)
Lead Dept.0100 Work / Vacation Schedules 2 years 2 years Mag, Ppr GC §34090 CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 44 Ver. 18.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-19 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site, OD
or Mfr)
Total
Retention Vital?Media
Options
Image:

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).

Dept.

Providing
Service /
Work
0100
Work Orders / Service Requests
(Department providing service
retains originals; department
asking for service is considered a
copy)
3 years 3 years Mag Ppr
Consistent with operational
complaints; CCP §§338 et seq.,
340 et seq., 342, GC §34090
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 45 Ver. 10.0 RECORDS RETENTION SCHEDULE - BUILDING Page B-1 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
Total
Retention Vital?Media
Options
Image:

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

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

BUILDING
Building 0490, 0700 Address Changes / New Addresses 2 years P P Mag,
Mfr, OD,
Ppr
S / I No GC §34090
Building Building Permit Database P P Yes (all)Mag
Department Preference - Data is
interrelated; GC §34090, H&S
§19850
Building Certificates of Occupancy (filed with
Building Permits)P P Yes (all)
Mag,
Mfr, OD,
Ppr
S Yes: 1
year
Statewide guidelines propose life
of building; GC §34090
Building 0170 Daily Logs
When No
Longer
Required
When No
Longer
Required
Ppr
Transitory record not retained in
the ordinary course of business
(entered into Building Permit
database); GC §34090 et seq.

Public
Works /
Engineer.
0720 Grading Permits (final)
When No
Longer
Required
When No
Longer
Required
Ppr Public Works is OFR; GC
§34090.7
Building 0710, 0950
PERMITS: Building Permits (except
cancelled permits where no work
was started)
P P Yes (all)
Mag,
Mfr, OD,
Ppr
S Yes: 90
days
Statewide guidelines propose
permanent; GC §34090
Planning Plan Check Files
When No
Longer
Required
When No
Longer
Required
Ppr Planning is OFR; GC §34090.7
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 46 Ver. 10.0 RECORDS RETENTION SCHEDULE - BUILDING Page B-2 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
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).

Building 0710, 0950
PERMITS: Expired by Time
Limitations (Abandoned) Building
Permits - Projects that have NOT
been Started (Submittal
Documents / Plans belonging to
applicant - both residential and
commercial)
180 days 180 days Mag,
Ppr
Department Preference to cover
the period of time for reduced
fees; Permits expire if work is not
commenced within 180 days, and
may be extended for 180 days if
requested; GC §34090
Building
PLANS: Approved Construction
Documents and Plans -

COMMERCIAL, MULTI-FAMILY

DWELLINGS, PLACES OF PUBLIC
ACCOMMODATION (includes soils
reports, energy calculations,
commercial structural plans,
commercial structural calculations,
Private NPDES permits, Hazardous
Materials Questionnaire,
applications, etc.)
P P Yes (all)
Mag,
Mfr, OD,
Ppr
S Yes:

After QC
Department Preference; Law
requires for the life of the building
for commercial and common
interest dwellings; Statewide
guidelines propose 2 years for
blueprints & specifications; CBC
104.7 & 107.5, H&S§19850, GC
§34090
Building
PLANS: Approved Construction
Documents and Plans - EXPIRED
PERMITS - Projects that have
been Started ("Stalled" projects, etc.
- includes applications)
When No
Longer
Required -
Minimum
180 days
When No
Longer
Required -
Minimum
180 days
Yes (all)Mag,
Ppr
Department Preference; Permits
expire if work is not commenced
within 180 days, and may be
extended for 180 days if
requested; H&S§19850, GC
§34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 47 Ver. 10.0 RECORDS RETENTION SCHEDULE - BUILDING Page B-3 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
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).

Building
PLANS: Approved Construction
Documents and Plans -
RESIDENTIAL (all)
180 days 180 days Yes (all)
Mag,
Mfr, OD,
Ppr
S Yes:

After QC
Department Preference; Law
requires for the life of the building
for commercial only; Statewide
guidelines propose 2 years for
blueprints & specifications; CBC
require plans be retained 180 days
from completion date for
residential and appurtenances;
CBC 104.7 & 107.5, H&S§19850,
GC §34090
Building 0700 Reports - Building
When No
Longer
Required
When No
Longer
Required
Mag,
Ppr
Transitory records not retained in
the ordinary course of business;
GC §34090
Building
Requests & Permissions to Receive
Copies of Plans (Correspondence to
and from Architects)
2 years 2 years Mag,
Ppr GC §34090
Building
Uniform Building Codes / California
Building Code (CBC, UBC, UPC,
UEC, etc.)
When
Superseded
When
Superseded
Mag,
Ppr GC §50022.6

CODE ENFORCEMENT
Building /
Code
Enforcem
ent
0440
Code Enforcement Case Files /
Nuisance Abatement / Notices of
Violation
2 years after
Satisfactorily
Resolved
2 years after
Satisfactorily
Resolved
Yes: Until
Resolution
Mag,
Mfr, OD,
Ppr
S Yes: 1
year
Case is open until satisfactorily
resolved (some cases are not
resolved); City Clerk maintains
original staff reports and
resolutions that are presented to
Council; CFC §104.3.4, GC
§34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 48 Ver. 10.0 RECORDS RETENTION SCHEDULE - BUILDING Page B-4 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
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).

Building /
Code
Enforcem
ent
0440
Code Enforcement Case Files /
Nuisance Abatement / Notices of
Violation - Habitual Violators,
Liens, or Commercial Complexes
Resolution /
Payment + 3
years
P P Yes: Until
Resolution
Mag,
Mfr, OD,
Ppr
S Yes: 1
year
Department Preference; CFC
§104.3.4, GC §34090
Building /
Code
Enforcem
ent
0440
Code Enforcement Case Files /
Nuisance Abatement / Notices of
Violation - Routine, No liens, not
Commercial Complexes
Resolution /
Payment + 3
years
Resolution /
Payment + 3
years
Yes: Until
Resolution
Mag,
Mfr, OD,
Ppr
S Yes: 1
year
Department Preference; CFC
§104.3.4, GC §34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 49 Ver. 7.0 RECORDS RETENTION SCHEDULE: CITY ATTORNEY Page CA-1 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

CITY ATTORNEY
City
Attorney 0450 City Attorney Opinions P P Yes Mag, Mfr,
OD, Ppr S Department Preference; GC
§34090
City
Attorney 0300 Invoices from contract law firms
(confidential)2 years 3 years 5 years Yes: Until
Paid
Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Finance is OFR for other
invoices; Department Preference
to cover auditing standards;
Statewide guidelines propose
audit + 4 years; Published
articles show 3 - 7 years; GC
§34090
City
Attorney 0470 Lawsuits / Litigation - Historical
Cases Resolution P P Yes: Until
Resolution
Mag, Mfr,
OD, Ppr S
Yes:

After
Settled
Department Preference for
historical purposes; CCP §§ 337
et seq.; GC §§ 911.2, 34090,
34090.6; PC §832.5(b)
City
Attorney 0470 Lawsuits / Litigation - Routine
Cases Resolution 5 years Resolution +
5 years
Yes: Until
Resolution
Mag, Mfr,
OD, Ppr S
Yes:

After
Settled
Department Preference; Covers
various statute of limitations;
CCP §§ 337 et seq.; GC §§
911.2, 34090, 34090.6; PC
§832.5(b)
Personnel Potential Claims
When No
Longer
Required
When No
Longer
Required
Mag, Ppr Copies; GC §34090.7
City
Attorney
Subject / Project Files (Cable TV,
etc.)
When No
Longer
Required
(minimum 2
years)
When No
Longer
Required
(minimum 2
years)
Mag, Ppr
Some material may be required
for reference, depending upon
subject; GC §34090
City
Attorney Subpoenas 2 years 2 years Ppr GC §34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 50 Ver. 14.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-1 Office of
Record File No. Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
Total
Retention Vital?Media
Options
Image:

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

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

CITY CLERK
City Clerk 0455 Affidavits of Postings 2 years 2 years Mag, Ppr
Statute of Limitations for mailings
for annexations, special districts,
bonds is 60 days; Municipal
Government actions is 3 - 6
months; GC §34090
City Clerk
Agenda Packets and Agendas -
(City Council & Redevelopment /
Successor Agency / Oversight
Board)
P P
Mag,
Mfr, OD,
Ppr
S Yes Department Preference; GC
§34090 et seq.

City Clerk 0400
Agreements & Contracts (ALL
INFRASTRUCTURE) Agreement
or Contract, Lease, MOU, etc.

Agreement or Contract includes
Specifications/Bid Documents and
Successful Proposal / Scope of
Work)
Examples of Infrastructure:

Architects, buildings, bridges,
covenants / CC&Rs, golf course
redesign / construction,
development, park improvements,
property restrictions, reservoirs,
settlement, sewers, sidewalks,
street & alley improvements,
utilities, water.

Completion P P
Yes:

Before
Completion
Mag,
Mfr, OD,
Ppr
S Yes: After
Inactive
Department Preference; All
infrastructure, JPAs, & Mutual
Aid contracts should be
permanent for emergency
preparedness; Statute of
Limitations is 4 years; 10 years
for Errors & Omissions; land
records are permanent by law;
CCP §§337. 337.1(a), 337.15,
343; GC §34090, Contractor has
retention requirements in 48 CFR

4.703(a)
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 51 Ver. 14.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-2 Office of
Record File No. Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
Total
Retention Vital?Media
Options
Image:

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

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

City Clerk 0400
Agreements & Contracts
(Development Agreements,
DDAs OPAs, MOUs, etc.)
Completion P P
Yes:

Before
Completion
Mag,
Mfr, OD,
Ppr
S Yes: After
Inactive
Department Preference; Statute
of Limitations is 4 years; 10 years
for Errors & Omissions; land
records are permanent by law;
CCP §§337. 337.1(a), 337.15,
343; GC §34090, Contractor has
retention requirements in 48 CFR

4.703
City Clerk 0400
Agreements & Contracts (ALL

NON-INFRASTRUCTURE)
Examples of Non-Infrastructure:

Consultants, Franchises,
Landscaping, Painting, Paving,
Slurry Seals, Tree Trimming,
Leases, Personnel, Professional
Services, etc.) Agreement or
Contract, Lease, MOU, etc.

Agreement or Contract includes
Specifications/Bid Documents and
Successful Proposal / Scope of
Work)
Examples of Non-Infrastructure:

Consultants, Franchises,
Landscape Maintenance, Painting,
Slurry Seals (Paving), Tree
Trimming, Leases, Human
Completion 10 years Completion
+ 10 years
Yes:

Contracts & Spec's=4 years,
Wrongful Death=comp. + 5
years, Developers=comp. + 10
years; Statewide guidelines
propose termination + 5 years;
CCP §§337. 337.1(a), 337.15,
343; GC §34090
City Clerk 0625 Annexations / LAFCO P P
Mag,
Mfr, OD,
Ppr
S / I Yes Land Records; GC §34090
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 52 Ver. 14.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-3 Office of
Record File No. Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
Total
Retention Vital?Media
Options
Image:

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

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

City Clerk 0410 Assessment District Formation
Records P P
Mag,
Mfr, OD,
Ppr
S Yes Department Preference; GC
§34090 et seq.

City Clerk
Audio Recordings of Council
Meetings - Analog - Tapes (Audio
Tapes or Digital Recordings)
5 years 5 years Mag
Department Preference to match
expected life of audio cassettes;
State law only requires for 30
days; Council Policy A-11 allows
destruction after 30 days; GC
§54953.5(b)
City Clerk
Audio Recordings of Council
Meetings - Digital (Audio Digital
Recordings)
P P Mag
Department Preference; State
law only requires for 30 days;
Council Policy A-11 allows
destruction after 30 days; GC
§54953.5(b)
City Clerk 0160 Biographical Data - City Council
Term of
Office + 2
years
Term of
Office + 2
years
Mag,
Mfr, OD,
Ppr
S / I No Department preference; GC
§34090
City Clerk 0120
Boards, Commissions &
Committees - APPLICATIONS:

APPOINTED
Duration of
Office P P Mag,
Ppr
Department preference for
Planning & ALC members;
Statute of Limitations: Public
official misconduct is discovery of
offense + 4 years, Statewide
guidelines propose Appointment
+ 5 years; GC §34090; PC
§§801.5, 803c
City Clerk 0120
Boards, Commissions &
Committees - APPLICATIONS:

UNSUCCESSFUL
2 years 2 years Mag,
Ppr GC §34090 et seq.

CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 53 Ver. 14.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-4 Office of
Record File No. Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
Total
Retention Vital?Media
Options
Image:

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

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

City Clerk 0120, 0420
Boards, Commissions &
Committees - Appointment
Certificates
P P Mag,
Ppr
Department Preference; Statute
of Limitations: Public official
misconduct is discovery of
offense + 4 years, GC §34090;
PC §§801.5, 803c
City Clerk 0120 Boards, Commissions, &
Committees: Bylaws P P Yes
Mag,
Mfr, OD,
Ppr
S Yes: After 2
years
Notes taken to facilitate the
writing of the minutes can be
destroyed after minutes have
been adopted; GC §34090
Finance 0330 Budgets and CIP Budget - Final
Adopted
Copies -
When No
Longer
Required
Copies -
When No
Longer
Required
Yes:

Current
Fiscal Year
Mag,
Mfr, OD,
Ppr
S / I Yes: After 1
year GC §34090.7
City Clerk 0160,
00625
City History, Historical Records
(e.g. Incorporation, City Seal, etc.)P P
Mag,
Mfr, OD,
Ppr
S No
City Clerk determines historical
significance; records can address
a variety of subjects and media.

Some media (e.g. audio and
video tape) may be limited
because of the media's life
expectancy; GC §34090
City Clerk 0490, 0730
City Land and Property -
Acquisition and Disposition
(Recorded Documents -
Abandonments, Deeds,
Easements, Covenants, Liens,
Offers of Dedication, Title Reports,
Restrictions, Right of Way,
Vacations, etc.)
2 years P P
Mag,
Mfr, OD,
Ppr
S / I No GC §34090
City Clerk 0160 City Newsletters, City Publications
of Significant Historical Value 2 years P P
Mag,
Mfr, OD,
Ppr
S / I No Department preference for
Historical Value; GC §34090
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 54 Ver. 14.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-5 Office of
Record File No. Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
Total
Retention Vital?Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
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).

Personnel
/ Risk
Manage.

Claims (Liability Claims)2 years 2 years Yes: Until
Settlement
Mag,
Mfr, OD,
Ppr
S Yes: After
Settled
Department Preference (copies);
GC §34090.7
City Clerk 0490, 0700 Condemnation Proceedings /
Eminent Domain
Settle + 5
years
Settle + 5
years
Mag,
Ppr
Meets all auditing requirements;
GC §34090
City Clerk 0445
Economic Interest Filings (FPPC
700 Series Forms - Statement of
Economic Interests):

DESIGNATED EMPLOYEES &
CONSULTANTS (specified in the
City's Conflict of Interest code)
2 years 5 years 7 years
Mag,
Mfr, OD,
Ppr
S After 2
years
City maintains original
statements; GC §81009(e) & (g)
City Clerk 0445
Economic Interest Filings (FPPC
700 Series Forms - Statement of
Economic Interests): PUBLIC
OFFICIALS (elected & not elected.

Includes City Council Members,
Planning Commission Members,
City Manager, City Treasurer & City
Attorney)
Duration of
Office + 4
years
Duration of
Office + 4
years
Mfr, OD,
Ppr S After 2
years
Department Preference; City
maintains copies only; original
statements are filed with FPPC;
GC §81009(f) & (g)
City Clerk 0445
Economic Interest Filings (FPPC
Form 602/635) - Lobbyist
Authorization Reporting
5 years 5 years
Mag,
Mfr, OD,
Ppr
S Yes: After 2
years 2 CCR 18615(d), GC §34090
City Clerk
Ethics Training Certificates /
Harassment Prevention Training
Certificates
5 years 5 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After 1
year GC §53235.2(b), §53237.2(b)
City Clerk FPPC Form 801 (Gift to Agency
Report) 7 years 7 years Mag,
Ppr
Must post on website; GC
§81009(e); GC §34090;
City Clerk FPPC Form 802 (Tickets Provided
by Agency Report)7 years 7 years Mag,
Ppr
Must post on website for 4 years;
GC §81009(e); GC §34090
City Clerk FPPC Form 803 (Behested
Payment Report)7 years 7 years Mag,
Ppr GC §81009e; GC §34090
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 55 Ver. 14.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-6 Office of
Record File No. Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
Total
Retention Vital?Media
Options
Image:

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

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

City Clerk FPPC Form 804 (Agency Report of
New Positions)P P Mag,
Ppr
FPPC Regulation 18734(c); GC
§81009e; GC §34090
City Clerk FPPC Form 805 (Agency Report of
Consultants)P P Mag,
Ppr
FPPC Regulation 18734(c); GC
§81009e; GC §34090
City Clerk FPPC Form 806 (Agency Report of
Public Official Appointments)7 years 7 years Mag,
Ppr
Must post on website;; GC
§81009(e)&(g); 2 CCR
18702.5(b)(3)
City Clerk 0390,
0640, 0660
Grants-in-Aid / Community Grants /
Cultural and Promotional Grants /
Schools Grants (SUCCESSFUL /
FUNDED Reports, Audit Reports,
Agreements, other records
required to pass the funding
agency's audit, if required)
2 years
After
Funding
Agency
Audit, if
Required -
Minimum 5
years
After
Funding
Agency
Audit, if
required -
Minimum 5
years

Mag,
Mfr, OD,
Ppr
S / I Yes: When
Inactive
Meets auditing standards; Grants
covered by a Consolidated Action
Plan are required for 5 years;
Uniform Admin. Requirements for
Grants to Local Governments is 3
years from expenditure report or
final payment of grantee or
subgrantee; HUD requires 3
years; statewide guidelines
propose 4 years; 2 CFR 200.333;
24 CFR , 91.105(h), &
570.502(b), 29 CFR 97.42; GC
§34090; GC §8546.7
City Clerk 0390,
0640, 0660
Grants-in-Aid / Community Grants /
Cultural and Promotional Grants /
Schools Grants (UNSUCCESSFUL
/ NOT FUNDED Applications,
Correspondence)
2 years 2 years Mag,
Ppr GC §34090
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 56 Ver. 14.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-7 Office of
Record File No. Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
Total
Retention Vital?Media
Options
Image:

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

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

CITY CLERK - ELECTIONS - CONSOLIDATED
City Clerk Applications to View Voter
Registration Information 5 years 5 years Ppr EC 2188(f) City Clerk 0450
Campaign Filings (FPPC 400
Series Forms & Form 501):

SUCCESSFUL CANDIDATES
(Elected Officials)
2 years P P Mfr, OD,
Ppr S After 2
years
Paper must be retained for at
least 2 years; GC §81009(b)&(g)
City Clerk 0450
Campaign Filings (FPPC 400
Series Forms & Form 501):

UNSUCCESSFUL CANDIDATES
5 years 5 years Ppr Paper must be retained for at
least 2 years; GC §81009(b)&(g)
City Clerk 0450
Campaign Filings (FPPC 400
Series Forms): OTHER
COMMITTEES (PACS - not
candidate-controlled)
7 years 7 years Mfr, OD,
Ppr S After 2
years
Paper must be retained for at
least 2 years; GC §81009(c)&(g)
City Clerk 0450
Campaign Filings (FPPC 400
Series Forms): THOSE NOT

REQUIRED TO FILE ORIGINAL
WITH CITY CLERK (copies)
4 years 4 years Mfr, OD,
Ppr S After 2
years
Paper must be retained for at
least 2 years; GC §81009(f)&(g)
City Clerk 0450
Candidate File: Nomination
Papers, Candidate Statements,
etc. - SUCCESSFUL

CANDIDATES
2 years P P
Mag,
Mfr, OD,
Ppr
Department Preference;
Statewide guidelines proposes 4
years for successful candidates,
2 years for unsuccessful; CA law
states term of office and 4 years
after the expiration of term and
does not delineate between the
two; EC §17100
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 57 Ver. 14.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-8 Office of
Record File No. Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
Total
Retention Vital?Media
Options
Image:

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

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

City Clerk 0450
Candidate File: Nomination
Papers, Candidate Statements,
etc. - UNSUCCESSFUL

CANDIDATES
Election + 4
years
Election + 4
years
Mag,
Mfr, OD,
Ppr
Statewide guidelines proposes 4
years for successful candidates,
2 years for unsuccessful; CA law
states term of office and 4 years
after the expiration of term and
does not delineate between the
two; EC §17100
City Clerk
Candidate File: Potential
Candidates that pulled nomination
papers, but never filed them
2 years 2 years Mag,
Ppr GC §34090
City Clerk 0450
Elections - GENERAL, WORKING
or ADMINISTRATION Files
(Correspondence, Applications for
vacancies on the Council, Precinct
Maps, County Election Services,
Candidate Statements to be printed
in the Sample Ballot, etc.)
2 years 2 years Mag,
Ppr
Used for a model for the next
election, GC §34090
City Clerk 0450
Elections - HISTORICAL File
(Sample ballot, Oaths of Office,
Certificate of Elections, copies of
all Resolutions - calling the
election, canvass, etc., election
summary)
4 years P P
Mag,
Mfr, OD,
Ppr
S No Retained for Historical Value, GC
§34090 et seq.

CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 58 Ver. 14.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-9 Office of
Record File No. Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
Total
Retention Vital?Media
Options
Image:

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

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

City Clerk 0450 Elections - Petitions (Initiative,
Recall or Referendum)
Certification
of Results +
8 months; or
Final
Examination
of Election
Official + 8
months if No
Election; or
1 year after
petition
examination
by
proponents
if petition is
insufficient.

Certification
of Results +
8 months; or
Final
Examination
of Election
Official + 8
months if No
Election; or
1 year after
petition
examination
by
proponents
if petition is
insufficient
Ppr
Not accessible to the public; The
8 month retention applies after
certification of election results, or
final examination if no election,
unless there is a legal or FPPC
proceeding. EC §§17200(b)(3),
17400
CITY CLERK - ELECTIONS - STAND-ALONE (use in conjunction with Consolidated elections … records series are not repeated) City Clerk 0450
Elections - Vote by Mail /
Applications, Roster of Absentee
Applications
6 mo.6 mo.Ppr EC §17505
City Clerk Elections - Vote by Mail /
Identification Envelopes 6 mo.6 mo.Ppr EC §17302
City Clerk
Elections - Assessment District
Ballots - Prop. 218 proceedings /
Protest Letters
2 years 2 years Ppr GC §53753(e)(2)
City Clerk 0450 Elections - Ballots - After Election 6 mo.6 mo.Ppr EC §17302 City Clerk 0450 Elections - Ballots - After Recount 6 mo.6 mo.Ppr EC §17306 City Clerk Elections - Challenged & Assisted
Voters List 6 mo.6 mo.Ppr If uncontested, EC §17304
City Clerk Elections - Inspector Receipts for
Ballots 6 mo.6 mo.Ppr EC 17302, 17306
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 59 Ver. 14.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-10 Office of
Record File No. Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
Total
Retention Vital?Media
Options
Image:

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

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

City Clerk 0450 Elections - Precinct Officer
Appointments 6 mo.6 mo.Ppr EC §17503
City Clerk Elections - Roster of Voters 5 years 5 years Mag,
Mfr, OD,
Ppr
EC §17300
City Clerk Elections - Tally Sheets 6 mo.6 mo.Ppr EC §17304 City Clerk
Elections - Voter Index Copies
used as the Voting Record at
Polling Places
6 mo.6 mo.Ppr EC §17304
City Clerk Elections - Voter Index Original 5 years 5 years Ppr EC §17001 (End of Elections Section)
City Clerk Enterprise System Catalogue
(posted on line)2 years 2 years Mag GC § 34090
City Clerk 0390 Fee Studies 2 years 2 years Mag,
Ppr GC §34090 et. seq.

City Clerk 0170 Filing System Guide 10 years P P
Mag,
Mfr, OD,
Ppr
S Yes: After
Inactive
Department Preference; GC
§34090 et. seq.

City Clerk 0180
Insurance Certificates -
Miscellaneous (from outside
companies, that cannot be
matched with a contract or
agreement)
2 years 9 years 11 years
Yes:

Before
Completion
Mag,
Mfr, OD,
Ppr
Mfr Yes: After
Inactive
Longest Statute of Limitations is
10 years; Conforms with
Agreement Retention (usually
filed with agreement); statewide
guidelines propose permanent;
CCP §337 et seq.; GC §34090
City Clerk 0420
Minutes: City Council,
Redevelopment Agency /
Successor Agency / Oversight
Board, Planning Commission and
ALC
10 years P P Yes (all)
Mag,
Mfr, OD,
Ppr
S No GC §34090
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 60 Ver. 14.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-11 Office of
Record File No. Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
Total
Retention Vital?Media
Options
Image:

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

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

City Clerk Municipal Code Administration,
Distribution, etc.

When No
Longer
Required
When No
Longer
Required
Mag,
Ppr Preliminary drafts; GC § 34090
City Clerk 0460 Municipal Code and History File
(always retain 1 supplement)P P
Mag,
Mfr, OD,
Ppr
S No GC §34090
City Clerk 0460
Ordinances - Council &
Redevelopment Agency /
Successor Agency / Oversight
Board
P P Yes (all)
Mag,
Mfr, OD,
Ppr
S No GC §34090 et. seq.

City Clerk
Petitions (submitted to Council on
any subject - Dog Parks, Parking,
Traffic Calming, etc.)
See Elections for Initiative, Recall
or Referendum Petitions
1 year 1 year Ppr Law requires 1 year for petitions;
GC §50115
City Clerk 0455 Proof of Publication (City Clerk)2 years 2 years Mag,
Mfr, OD,
Ppr
Statute of Limitations for mailings
for annexations, special districts,
bonds is 60 days; Municipal
Government actions is 3 - 6
months; CCP §§337 et seq,
349.4; GC §34090
City Clerk Public Records Act Requests 2 years 2 years Mag, Ppr GC § 34090
City Clerk 0490 Real Estate Appraisals - Property
acquired by the City 7 years 7 years Mag,
Ppr
Meets all auditing requirements;
GC §34090
City Clerk 0490 Real Estate Appraisals - Property
NOT acquired 2 years 2 years Mag,
Ppr GC §34090
City Clerk 0170
Records Destruction Lists /
Certificate of Records Destruction /
Consents to Destroy Records
10 years P P
Mag,
Mfr, OD,
Ppr
S Yes: After
Inactive
Department Preference; GC
§34090 et. seq.

CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 61 Ver. 14.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-12 Office of
Record File No. Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
Total
Retention Vital?Media
Options
Image:

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

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

City Clerk 0170
Records Retention Schedules /
Authorization for Amendments to
Retention Schedules
10 years P P
Mag,
Mfr, OD,
Ppr
S Yes: After
Inactive GC §34090 et. seq.

City Clerk 0425 Redevelopment Agency Formation P P
Mag,
Mfr, OD,
Ppr
S No Historical Value; GC §34090
City Clerk
Redistricting Web Page / District
Boundary Web Page (Map,
Redistricting Process, Agendas,
Calendars, Notice, etc.)
10 years 10 years Mag,
Ppr EC §21608(g); GC §34090
City Clerk 0460
Resolutions - City Council,
Redevelopment Agency /
Successor Agency / Oversight
Board, Planning Commission &
ALC
P P Yes (all)
Mag,
Mfr, OD,
Ppr
S No GC §34090 et. seq.

City Clerk 0420 Rosters of Council and Board
members P P
Mag,
Mfr, OD,
Ppr
S Yes Historical Value; GC §34090
City Clerk
Statement of Facts / Registry of
Public Agencies (filed with the
Secretary of State)
2 years 2 years
Mag,
Mfr, OD,
Ppr
S No GC §34090 et. seq.

City Clerk
Video Recordings of City Council
Meetings - Video Recordings /
DVD-R or VCR (ALL)
90 days 90 days Tape
(Mag)
Video recording of meetings are
only required for 90 days; GC
§§34090.7, 60201
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 62 Ver. 8.0 RECORDS RETENTION SCHEDULE: CITY MANAGER Page CM-1 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
Total
Retention Vital?Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
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
City
Manager /
City Council
Support
City Council Correspondence 4 years 4 years Mag, Ppr Department Preference to cover terms of office; GC §34090
City
Manager /
Admin.

Grants provided by the City to others
/ outside agencies (all from the
General Fund)
2 years 3 years 5 years Mag, Mfr,
OD, Ppr S / I Yes: When
Inactive
Meets auditing standards; GC
§34090
City
Manager /
Admin.
0460 Legislative Advocacy (Support /
Oppose outside legislation)2 years 2 years Mag, Ppr GC § 34090 City
Manager /
Admin.
0160 Newspaper Clippings
When No
Longer
Required
When No
Longer
Required
Ppr Non-records
City
Manager /
Admin.

Proclamations 2 years 2 years Mag, Ppr GC §34090
City
Manager /
Admin.

Projects, Subjects & Issues (Issues
and/or projects will vary over time -
e.g. Hotels, etc.)
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
Yes: While
Active
Issues
Mag, Ppr GC §34090

EMERGENCY PREPAREDNESS
City
Manager /
Emerg.

Prep.
0220 Emergency Operations Plan
Superseded
(minimum 2
years)
Superseded
(minimum 2
years)
Mag, Mfr,
OD, Ppr S/I Yes: After
1 year
Department Preference; GC
§34090
City
Manager /
Emerg.

Prep.
0220 Emergency Preparedness
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
Mag, Mfr,
OD, Ppr
Department Preference; GC
§34090
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 63 Ver. 8.0 RECORDS RETENTION SCHEDULE: CITY MANAGER Page CM-2 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
Total
Retention Vital?Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
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 /
Emerg.

Prep.
0220 Public Information Documents from
Other Agencies
When No
Longer
Required
When No
Longer
Required
Mag, Ppr Non-records; GC §34090 et seq.

City
Manager /
Emerg.

Prep.
0220 Rosters, Emergency Personnel
When No
Longer
Required
When No
Longer
Required
Mag, Ppr Data is superseded; GC §34090 et
seq.

FRANCHISE MANAGEMENT
City
Manager /
Franchise
Manag.

Agreements & Contracts:

ADMINISTRATIVE FILES - NOT
funded by a grant (Correspondence,
Project Administration, Project
Schedules, Certified Payrolls,
Invoices, Logs, etc.)
When No
Longer
Required -
Minimum 5
years
When No
Longer
Required -
Minimum 5
years
Yes: Before
Completion
Mag, Mfr,
OD, Ppr S/I Yes: Upon
Completion
Department preference; Statute of
Limitations: Contracts & Spec's = 4
years (errors & omissions does not
apply), Statewide guidelines
propose termination + 5 years;
CCP §§336(a), 337 et. seq., GC
§34090
City
Manager /
Franchise
Manag.
0840 Recycling Programs 3 years 3 years Mag, Ppr Department Preference; GC §34090
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 64 Ver. 8.0 RECORDS RETENTION SCHEDULE: CITY MANAGER Page CM-3 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
Total
Retention Vital?Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
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 SAFETY
City
Manager /
Public
Safety
0400 Animal Control (Contract)Completion 5 years Completion + 5 years
Yes: Before
Completion
Mag, Mfr,
OD, Ppr S/I Yes: Upon
Completion
Published Audit Standards=4-7
years; Statute of Limitations:

Contracts & Spec's=4 years (E&O
does not apply), Statewide
guidelines propose termination + 5
years; CCP §§336(a), 337 et. seq.,
GC §34090
City
Manager /
Public
Safety
Citations (Parking & Municipal Code
Violations)2 years 2 years Mag, Ppr GC §34090
City
Manager /
Public
Safety
Parking Enforcement Appeals Settlement +
2 years
Settlement +
2 years
Mag, Mfr,
OD, Ppr S/I Yes: When
Inactive
Department Preference; GC
§34090
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 65 Ver. 8.0 RECORDS RETENTION SCHEDULE: CITY MANAGER Page CM-4 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
Total
Retention Vital?Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
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).

REDEVELOPMENT / SUCCESSOR AGENCY
City
Manager /
Redevelop.

Potential Projects & Issues
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
Yes: While
Active
Issues
Mag, Ppr GC §34090
City
Manager /
Redevelop.
0630 Redevelopment Project Files:

Denied, Not Approved, etc.

When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
Yes: Until
Completed
Mag, Mfr,
OD, Ppr S Yes: When
Inactive GC§§34090
City
Manager /
Redevelop.
0630 Redevelopment Project Files:

Implemented / Initiated Projects
Project
Completion +
5 years
P P Yes: Before
Completion
Mag, Mfr,
OD, Ppr S
Yes: After
Project
Completion
Department Preference; City Clerk
Maintains originals of all
documents that were presented to
Council or Redevelopment; GC
§34090.7
City
Manager /
Redevelop.
0630 Redevelopment Project Files:

Inactive, Withdrawn, Expired, etc.

When No
Longer
Required -
Minimum 3
years
When No
Longer
Required -
Minimum 3
years
Yes: Until
Completed
Mag, Mfr,
OD, Ppr S Yes: When
Inactive
Projects have a 3 year approval
timeframe (applicant must pull
permit within 3 years) -- those
applications in which the applicant
does not follow through with permit
may be destroyed after the
approval period has expired;
GC§§34090, 34090.7
City
Manager /
Redevelop.

Redevelopment Project Relocations
and Relocation Appeals (if
applicable)
Settle + 1
year
Settle + 4
years
Settle + 5
years
Yes: Until
Settlement
Mag, Mfr,
OD, Ppr S Yes: After
Inactive
Consistent with Claims; CCP §§
337 et seq.; GC §§ 945, 34090,
34090.6; PC §832.5
CITY OF INDIAN WELLS, CA ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 66 Ver. 15.0 RECORDS RETENTION SCHEDULE: FINANCE Page F-1 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

FINANCE ADMINISTRATION / BUDGET DEVELOPMENT / INVESTMENT Finance /
Admin.

Arbitrage Rebate Calculation (related
to bonds and tax exempt debt)2 years 3 years 5 years Mag, Ppr FTC Reg's rely on "self-
enforcement"; IRS is 4 years after
tax is due or paid; Supporting
documentation for Investments of
Operating Funds; meets auditing
standards; IRS Reg §31.6001-
1(e)(2), R&T §19530, GC §34090
Finance /
Admin.0300, 0340 Assessment District / Special District Payments & Reports 5 years
Termination
of District +
10 years
Termination
of District +
10 years
Mag, Ppr
Department Preference; IRS is 4
years after tax is due or paid;
Supporting documentation for
Investments of Operating Funds;
meets auditing standards; IRS
Reg §31.6001-1(e)(2), R&T
§19530, GC §34090
Finance /
Admin.0300, 0310
Audits / Annual Comprehensive
Financial Report (ACFR) CAFR -
Comprehensive Annual Financial
Reports and related Audit Opinions
P P Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Copies; GC §34090.7
Finance /
Admin.

Audit Management Letters and other
formal letters related to audit
communication
5 years 5 years Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Department Preference (meets
auditing standards); GC §34090
Finance /
Admin.0310 Audit Schedules, Preparation
Records
When No
Longer
Required
When No
Longer
Required
Mag, Ppr Drafts and transitory records; GC
§34090
Finance /
Admin.Audit Work Papers 5 years 5 years Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Department Preference; GC
§34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 67 Ver. 15.0 RECORDS RETENTION SCHEDULE: FINANCE Page F-2 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

Finance /
Admin.0320
Bank Reconciliations, Bank
Statements, Fiscal Agent
Statements, Investment Account
Statements, Pars Statements Trustee
Statements, Treasurer's Cash
Statements, Debit / Credit Memos,
Deposit Corrections (Banking), Wire
Transfers
2 years 3 years 5 years Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
For auditing purposes; Published
articles show 3 - 4 years; Other
cities show 7 - 10 years; GC
§34090, 26 CFR 31.6001-1
Finance /
Admin.0350 Bond Registers Maturity 10 years
Cancellat.,
Redemption
or Maturity +
10 years
Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Department Preference to match
Bond retention; GC §34090, 26
CFR 1.6001-1
Finance /
Admin.0350
Bond Transcripts / Issues /
Authorizations (Prospectuses,
Certificates, Notices, etc.).

Fully
Defeased 10 years
Fully
Defeased +
10 years
Mag, Mfr,
OD, Ppr I
Yes:

After 1
year
Statute of Limitations for bonds,
mortgages, trust deeds, notes or
debentures is 6 years; Bonds
issued by local governments are
10 years; CCP §§336 et seq.;
337.5(a); 26 CFR 1.6001-1(e): GC
§43900 et seq.

Finance /
Admin.0330
Budget Amendments, Budget
Transfer Requests, Supplemental,
Updates, Fund Transfers
2 years 3 years 5 years Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Meets auditing standards; GC
§34090
Finance /
Admin.0330
Budget Hearing and/or Review
(Development Documents,
Preliminary Budget, Calendar, etc.)
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
Mag, Ppr Drafts - Department Preference;
GC §34090.7
Finance /
Admin.0330 Budgets and CIP Budget - Final
Adopted P P
Yes:

Current
Fiscal Year
Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Department preference - Must be
filed with County Auditor; GC
§34090, 40802, 53901
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 68 Ver. 15.0 RECORDS RETENTION SCHEDULE: FINANCE Page F-3 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

Finance /
Admin.0300
Chart of Accounts / Organization
Structure (Print out when Rollover is
Done)
2 years P P Yes Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Department Preference to
research Year-end General
Ledgers, which are retained
permanently; GC §34090
Finance /
Admin.Developer Trust Accounts Close + 5
years
Close + 5
years
Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Department Preference (meets
municipal government auditing
standards); GC §34090
Finance /
Admin.

Escheat (Unclaimed money /
uncashed checks)2 years 3 years 5 years Mag, Ppr
Department preference; All
tangible property held by
government agencies escheats
after 3 years; Statute of Limitations
is 1 year for seized property; Meets
auditing requirements; CCP
§§340(d), GC §34090
Finance /
Admin.0220
FEMA / Emergency or Disaster
Incidents - Administrative Records
(payroll, logs, project management,
etc.)
After FEMA
Reimburse-
ment -
Minimum 5
years
After FEMA
Reimburse-
ment -
Minimum 5
years
Mag, Mfr,
OD, Ppr S/I
Yes:

After 1
year
Department Preference; meets
auditing standards; GC §34090
Finance /
Admin.0300 Financial Services Database Indefinite Indefinite Yes Mag Data is interrelated; system
qualifies as a "trusted system"; GC
§§60201, 12168.7
Finance /
Admin.0300 Fixed Assets and Inventories -
Annual Listing P P Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Includes permanent assets; GC
§34090
Finance /
Admin.0300
General Ledger & Chart of Accounts:

Final year-end (Balance Sheets,
Revenue Ledger and Expenditure
Ledger)
2 years 23 years 25 years Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Department Preference; Published
articles show 3 -10 years; GC
§34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 69 Ver. 15.0 RECORDS RETENTION SCHEDULE: FINANCE Page F-4 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

Finance /
Admin.0355 Investment Portfolio 5 years 5 years Yes: Until Paid
Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Meets auditing standards;
Published articles show disposal +
7 years for security brokerage
slips; statewide guidelines propose
permanent; FTC Reg's rely on "self-
enforcement"; GC§§ 34090,
43900
Finance /
Admin.0355 Investments / Certificates of Deposits Disposal + 5 years
Disposal + 5
years
Yes: Until
Paid
Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Meets auditing standards;
Published articles show disposal +
7 years for security brokerage
slips; statewide guidelines propose
permanent; FTC Reg's rely on "self-
enforcement"; GC§§ 34090,
43900
Finance /
Admin.0300 Journal Entries 2 years 3 years 5 years Mag, Ppr Meets auditing standards; Statute
of Limitations is 4 years; statewide
guidelines propose Audit + 5 years;
GC §34090, CCP § 337
Finance /
Admin.0300
Journals, Ledgers, Reconciliations,
Registers, Reports, Transaction
Histories, Balance Sheets
(MONTHLY OR PERIODIC) Does
NOT include year-end General
Ledger.

When No
Longer
Required
When No
Longer
Required
Mag, Ppr
Financial system qualifies as a
trusted system and can re-create
reports accurately; Transitory
records not retained in the ordinary
course of business; statewide
guidelines propose 2 years; GC
§34090
Finance /
Admin.

Redevelopment Statement of
Indebtedness (kept with the CAFR)2 years P P Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Department Preference; meets
auditing standards; GC §34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 70 Ver. 15.0 RECORDS RETENTION SCHEDULE: FINANCE Page F-5 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

Finance /
Admin.0320 Signature Cards (Banking)Superseded
+ 5 years
Superseded
+ 5 years
Mag, Mfr,
OD, Ppr S / I No
Meets Auditing Standards; Statute
of Limitations: Public official
misconduct is discovery of offense
+ 4 years, Statewide guidelines
propose Appointment + 5 years;
GC §34090; PC §§801.5, 803c
Finance /
Admin.State Compensation Insurance Fund 2 years 8 years 10 years Mag, Mfr, OD, Ppr S / I
Yes:

After 1
year
Department Preference; Meets
auditing standards; GC §34090
Finance /
Admin.0300
State Reports: State Controllers
Report, Local Government
Compensation Report, Property
Management Plan, Obligation
Payment Schedules, Due Diligence
Reviews, Gas Tax, MOE
(Maintenance of Effort) Report, Fixed
Charge Special Assessment Report,
Public Self Insurer Report (SIP
Report)
2 years 8 years 10 years Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Department Preference; Meets
auditing standards; GC §34090
Finance /
Admin.

Street Report, AQMD Annual Report,
Maintenance of Effort (MOE)
Calculations, Audits, and other
compliance reports
2 years 3 years 5 years Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Meets auditing standards; GC
§34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 71 Ver. 15.0 RECORDS RETENTION SCHEDULE: FINANCE Page F-6 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

Finance /
Admin.0355
Treasurer Reports and Investment
Statements, Advisor Reports, Trade
Tickets
5 years 5 years Yes: Until
Paid
Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Treasurer's Report is maintained
with Agenda Packet and kept by
City Clerk Permanently; other
documents meet auditing
standards; Published articles show
disposal + 7 years for security
brokerage slips; statewide
guidelines propose permanent;
FTC Reg's rely on "self-
enforcement"; GC§§ 34090,
43900
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 72 Ver. 15.0 RECORDS RETENTION SCHEDULE: FINANCE Page F-7 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

ACCOUNTS PAYABLE
Finance /
Accounts
Payable
1099's. 1096's, W-9's 5 years 5 years Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Department Preference; IRS: 4
years after tax is due or paid
(longer for auditing & contractor
delinquency); Ca. FTB: 3 years;
Published articles show
permanent; ; IRS Reg §31.6001-
1(e)(2), R&T §19530, GC §34090;
29 USC 436
Finance /
Accounts
Payable
0300
Accounts Payable / Vendor Files (All
Records and Reports - Includes
Invoices, P.O.s, Expense Account
Reports, Travel Expense
Reimbursements, Postage, etc.)
5 years 5 years 10 years Yes: Until
Paid
Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Department Preference to cover
grant auditing requirements;
Statewide guidelines propose audit
+ 4 years; Published articles show
3 - 7 years; GC §34090
Finance /
Accounts
Payable
0320 Checks / Warrants - Canceled
(Cashed) 2 years 3 years 5 years Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Department Preference; Statute of
Limitations is 4 years; statewide
guidelines propose Audit + 5 years;
GC §34090, CCP § 337
Finance /
Accounts
Payable
0320 Checks / Warrants - Voided, Stop
Payments, etc.2 years 3 years 5 years Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Meets auditing standards; Statute
of Limitations is 4 years; statewide
guidelines propose Audit + 5 years;
GC §34090, CCP § 337
Finance /
Accounts
Payable
0300 Petty Cash Vouchers 5 years 5 years Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Meets auditing standards; GC
§34090
Finance /
Accounts
Payable
W-9s
Vendor
Inactive + 3
years
Vendor
Inactive + 3
years
Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Meets IRS auditing standards; GC
§34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 73 Ver. 15.0 RECORDS RETENTION SCHEDULE: FINANCE Page F-8 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

ACCOUNTS RECEIVABLE
Finance /
Accounts
Receivable
0390 Accounts Receivable / Revenue 2 years 3 years 5 years Yes: Until Paid Mag, Ppr
The financial services database is
maintained for a minimum of 10
years; meets auditing standards;
GC §34090 et seq.

Finance /
Accounts
Receivable
Business Licenses (Database)Indefinite Indefinite Yes (before termination)Mag, Ppr Data fields are inter-related; GC
§34090 et seq.

Finance /
Accounts
Receivable
0390 Business Licenses and Revocations
Termination
of Business
+ 5 years
Termination
of Business
+ 5 years
Ppr Meets auditing standards; GC
§34090 et seq.

Finance /
Accounts
Receivable
0390
Cash Receipts Detail / Backup /
Accounts Receivable / Deposit Slips /
Deposit Summaries
2 years 3 years 5 years Mag, Ppr Retained in originating department for auditing purposes; GC §34090
Finance /
Accounts
Receivable
Collection Agency (e.g., returned
checks assigned to collection)
Assignment
+ 7 years
Assignment
+ 7 years Yes Mag, Ppr
Department preference to match
the length of time negative credit
information remains on a
consumer's credit report; GC
§34090
Finance /
Accounts
Receivable
FTB (Franchise Tax Board) Report 5 years 5 years Mag, Ppr Meets auditing standards; GC §34090
Finance /
Accounts
Receivable
0390 Gas Tax Revenue Reports 2 years 3 years 5 years Mag, Ppr Meets auditing standards; GC §34090
Finance /
Accounts
Receivable
Misc. Receipts - Revenue from
County / State 5 years 5 years Mag, Ppr Meets auditing standards; GC §34090
Finance /
Accounts
Receivable
0320 Returned Checks, Credit Card Slips 5 years 5 years Mag, Ppr Meets auditing standards; GC §34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 74 Ver. 15.0 RECORDS RETENTION SCHEDULE: FINANCE Page F-9 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

PAYROLL
Finance /
Payroll
DE-6, DE-7, DE-9 DE-43, W-3, & DE-
166, 941 Forms, IRS 5500 Forms
(Employee Benefit Plans), PERS /
FICA & Medicare Adjustments -
Quarterly Payroll Tax Returns /
OASDI, Federal Tax Deposits,
Adjustments, etc.
5 years 5 years Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Department Preference; IRS: 4 yrs
after tax is due or paid; Ca. FTB: 3
years; Articles show 7 years; IRS
Reg §31.6001-1(e)(2), R&T
§19530; 29CFR 516.5 - 516.6,
29USC 436, GC §34090
Finance /
Payroll Direct Deposit Authorization Forms 5 years 5 years Mag, Ppr Department preference; Meets
auditing standards (audit + 4
years); GC §34090
Finance /
Payroll Payroll Database Indefinite Indefinite Yes Mag Data is interrelated; GC §34090 et seq.

Finance /
Payroll 0360
Payroll Journal / Register / W-2 & W-
3 Summary Reports (Detail Year-
end, or periodic if no detail year-end)
5 years 45 years 50 years Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Department Preference to facilitate
PERS buy-back for past
employees; consistent with
auditing standards; GC §34090
Finance /
Payroll 0360
Payroll Journal / Registers (Periodic
reports, when a detail year-end report
is retained)
When No
Longer
Required
When No
Longer
Required
Mag, OD,
Mfr, Ppr S / I
Yes:

After 1
year
Considered a draft or transitory
record (detail year-end is retained);
GC §34090
Finance /
Payroll
PERS Reports / Annual Valuation
Reports, Actuarial Valuation Reports,
Annual Employer Statements / Bi-
weekly Reports
5 years 5 years Mag, OD,
Mfr, Ppr S / I
Yes:

After 1
year
Department Preference (Non-
records); GC §34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 75 Ver. 15.0 RECORDS RETENTION SCHEDULE: FINANCE Page F-10 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

Finance /
Payroll 0360 Time Cards / Time Sheets 5 years 5 years Mag, Ppr Department preference; Meets
auditing standards (audit + 4
years); IRS requires 4 years; Ca.
requires 2 yr min.; FTB keeps 3
years; Published articles show 4 -
10 years; IRS Reg §31.6001-
1(e)(2), R&T §19530; LC §
1174(d); 29 CFR 516.5 & 516.6(c);
GC §34090
Finance /
Payroll 0360 W-2's (includes Performers State
Withholding)5 years 5 years Mag, Ppr
IRS: 4 yrs after tax is due or paid;
Ca. FTB: 3 years; Articles show 7
years; IRS Reg §31.6001-1(e)(2),
R&T §19530; 29CFR 516.5 -
516.6, 29USC 436, GC §34090
Finance /
Payroll W-4's
No Longer in
Effect + 4
years
No Longer in
Effect + 4
years
Mag, Ppr
Department preference (W-4's are
required for 4 years); FLSA
requires 3 years; 29 CFR 516; GC
§34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 76 Ver. 15.0 RECORDS RETENTION SCHEDULE: FINANCE Page F-11 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

PURCHASING
Finance /
Purchasing 0380 Equipment Disposition / Sales:

Auction, Bills of Sale 5 years 5 years Mag, Ppr Meets auditing standards; GC §34090
Finance /
Purchasing 0380 Purchase Orders 5 years 5 years 10 years Yes: Until Paid
Mag, Mfr,
OD, Ppr S / I
Yes:

After 1
year
Department Preference to cover
grant auditing requirements;
Statewide guidelines propose audit
+ 4 years; Published articles show
3 - 7 years; GC §34090
Finance /
Purchasing
Purchasing - Bidder / Vendor List
(Companies that want to receive
RFPs / RFQs)
Superseded Superseded Mag, Ppr Transitory Record used to mail out requests; GC §34090 et seq.

Finance /
Purchasing
Purchasing Card Backup Receipts /
Cal Card 2 years 3 years 5 years Mag, Ppr Meets auditing standards; GC §34090

RISK MANAGEMENT
Finance /
Risk
Manage.
0180
Accident / Incident / Injury Reports:

PUBLIC ADULTS (medical and non-
medical.)
3 years 3 years Mag, Ppr
Recommended by State Fire
Marshall; Statute of Limitations for
Health Providers is 3 years;
Juveniles are required until patient
becomes 18 years old; statewide
guidelines propose 3 years; CCP
§340.5, GC §34090
Finance /
Risk
Manage.
0180
Accident / Incident / Injury Reports:

PUBLIC JUVENILES and
PREGNANT ADULTS (medical and
non-medical.)
20 years 20 years Mag, Ppr
Department Preference; Juveniles
are required until patient becomes
18 years old; statewide guidelines
propose 3 years; CCP §340.5, GC
§34090
Finance /
Risk
Manage.
0180
Accident / Incident Reports: CITY
VEHICLES with no injuries, City
Property
2 years 2 years Mag, Mfr,
OD, Ppr S
Yes:

When
Inactive
Department Preference; Claim
must be filed within 1 year, lawsuit
within 2 years; Statute of
Limitations for contracts is 4 years;
CCP §§ 337 et seq.; GC §§ 911.2,
945, 34090, 34090.6
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 77 Ver. 15.0 RECORDS RETENTION SCHEDULE: FINANCE Page F-12 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

Finance /
Risk
Manage.
0180
Bonds, Public Official (Faithful
Performance / Employee Surety
Bonds)
P P Mag, Ppr
Department Preference; Statute of
Limitations: Public official
misconduct is discovery of offense
+ 4 years, Statewide guidelines
propose Appointment + 5 years;
GC §34090; PC §§801.5, 803c
Finance /
Risk
Manage.
0180
Claims (General Liability Claims) -
Adults
Includes rejected claims
Settlement 5 years Settle + 5
years
Yes: Until
Settlement
Mag, Mfr,
OD, Ppr S
Yes:

After
Settled
If litigation is filed, the City Attorney
is OFR; Claim must be filed within
1 year, lawsuit within 2 years;
complaints against peace officers
within 5 years; Statute of
Limitations for contracts is 4 years;
wrongful death for construction is
completion + 5 years; CCP §§ 337
et seq.; GC §§ 911.2, 34090,
34090.6; PC §832.5(b)
Finance /
Risk
Manage.
0180 Claims (General Liability Claims) -
Juveniles & Pregnant Adults 25 years 25 years Yes: Until Settlement
Mag, Mfr,
OD, Ppr S
Yes:

After
Settled
Department Preference; Juveniles
may have additional legal
recourses; CCP §§ 337 et seq.;
GC §§ 911.2, 945, 34090, 34090.6;
PC §832.5
Finance /
Risk
Manage.
0180 Insurance Policies (City-owned)10 years P P Yes: Before Completion
Mag, Mfr,
OD, Ppr Mfr
Yes:

After
Inactive
Department preference; CCP §337
et seq.; GC §34090
Finance /
Risk
Manage.

Loss Run Reports 5 years 5 years Mag, Ppr Department Preference (meets auditing standards); GC §34090
Finance /
Risk
Manage.
1120 Vehicle Titles / Pink Slips
Upon
Disposal of
Vehicle
Upon
Disposal of
Vehicle
Mag, Ppr GC §34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 78 Ver. 15.0 RECORDS RETENTION SCHEDULE: FINANCE Page F-13 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

Finance /
Risk
Manage.
0180 Workers Compensation Claims Separation +
5 years
Whichever is
Longer: 25
years, or
Termination
of Benefits +
5 years
Whichever is
Longer:

Separation +
30 years, or
Termination
of Benefits +
5 years
Mag, Mfr,
OD, Ppr S
Yes:

When
Inactive
Claims can be made for 30 years
for toxic substance exposure;
Claims are required for five years
after the end of compensation, or
injury, whichever is longer; the
Workers Compensation Appeals
Board may destroy their records
after 5 years; 8 CCR 5144, 8 CCR
§3204(d)(1) et seq., 8 CCR 10102,
10755, 10758, 15400.2; 29 CFR
1910.1020(d); GC §§12946,
12960, 34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 79 Ver. 9.0 RECORDS RETENTION SCHEDULE: INFORMATION TECHNOLOGY Page IT-1 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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 TECHNOLOGY
Information
Technology 0190 Backups - DAILY - Network, All
Files on Shared Drives
When
Superseded
When
Superseded Yes Mag.

Used for disaster recovery
purposes only; Considered a copy
and can be destroyed when no
longer required; GC §34090 et
seq.

Information
Technology 0190
Backups - MONTHLY -
Network, All Files on Shared
Drives
When No
Longer
Required
When No
Longer
Required
Yes Mag.

Used for disaster recovery
purposes only; Store off-site for
disaster recovery; Considered a
copy and can be destroyed when
no longer required; retention
based on administrative value;
recycle tapes; GC §34090 et seq.

Information
Technology 0160 Photographs, City Related
(digital)
When No
Longer
Required
When No
Longer
Required
Mag, Ppr
Some photographs may be
retained permanently as historical
records, some may be destroyed
right away; some photographs are
drafts that become part of a
newsletter or other documents;
GC §34090 et seq.

Information
Technology 0190 GIS database When
Superseded
When
Superseded Yes Mag.Department Preference (transitory
records); GC §34090 et seq.

Lead
Depart.0190 GIS database - Historical
Output (Zoning Map, etc.)
Provide
Existing
Output to
Lead
Department
Prior to
Change
Provide
Existing
Output to
Lead
Department
Prior to
Change
Yes Mag.

Historical records are maintained
by the Lead Department; GC
§34090 et seq.

CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 80 Ver. 9.0 RECORDS RETENTION SCHEDULE: INFORMATION TECHNOLOGY Page IT-2 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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
Technology 0190 Website Content When
Superseded
When
Superseded Yes Mag.

Transitory records not retained in
the ordinary course of business;
GC §34090 et seq.

Information
Technology 0190
WORM / DVD-r / CD-r / Blue
Ray-R or other unalterable
media that does not permit
additions, deletions, or
changes
P P OD
For legal compliance for
Trustworthy Electronic Records
(when the electronic record serves
as the official record); GC 60200,
12168.7, EVC 1550, 2 CCR 22620
et seq..

CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 81 Ver. 5.0 RECORDS RETENTION SCHEDULE: MARKETING and PUBLIC RELATIONS Page M/PR-1 Office of
Record File No. Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
Total
Retention Vital?Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
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).

MARKETING & PUBLIC RELATIONS
Marketing
& Public
Relations
City Newsletters, e-mail blasts 2 years 2 years
Mag,
Mfr, OD,
Ppr
S / I No
Those of significant historical
value are maintained by the City
Clerk permanently; GC §34090
Marketing
& Public
Relations
Eisenhower Walk of Honor
Applications 2 years P P
Mag,
Mfr, OD,
Ppr
S / I No Department preference for
Historical Value; GC §34090
Marketing
& Public
Relations
Marketing / Promotional Draft
Documents, Photos
When No
Longer
Required
When No
Longer
Required
Ppr Drafts not retained in the ordinary
course of business; GC §34090
Marketing
& Public
Relations
Marketing / Promotional Final
Documents
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
Ppr Department preference; GC
§34090
Marketing
& Public
Relations
0160 Press Releases 2 years 2 years Mag,
Ppr GC § 34090
Marketing
& Public
Relations
0160 Speeches and Lectures
When No
Longer
Required
When No
Longer
Required
Mag,
Ppr
Notes, drafts, or transitory
records; GC §34090 et seq.

CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 82 Ver. 13.0 RECORDS RETENTION SCHEDULE: PERSONNEL Page PER-1 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

PERSONNEL
Personnel
1095-C, 1094-C (Employer-
Provided Health Insurance Offer
and Coverage & Transmittal Form)
5 years 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
Personnel 0550
Applications for Employment or
Resumes: Unsolicited (no open
position), candidates not hired
1 year 1 year Ppr
Department Preference - No
positions open; therefore not
deemed part of City recruitment
practices; considered a transitory
record not materially impacting the
conduct of the public's business;
GC §34090
Personnel 0510
Classification / Compensation /
Reorganization Studies (for
employee classifications and
department structures)
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
Mag, Ppr
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, 12960, 34090
Personnel COVID-19 Notifications to
Employees 3 years 3 years Mag, Ppr LC §6409.6(k), GC §34090 Personnel 0370 Deferred Compensation Reports 2 years 3 years 5 years Mag, Mfr, OD, Ppr S / I Yes: After
1 year
For auditing purposes; Published
articles show 3 - 4 years; Other
cities show 7 - 10 years; GC
§34090, 26 CFR 1.6001-1
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 83 Ver. 13.0 RECORDS RETENTION SCHEDULE: PERSONNEL Page PER-2 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

Personnel 0540
Department of Fair Employment &
Housing (DFEH or EEOC) Claims /
Harassment Claims that are
resolved administratively
Final
Disposition +
5 years
Final
Disposition +
5 years
Mag, Ppr
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, 12960, 34090
Personnel DMV Pull Notices (for maintenance
vehicles)
When No
Longer
Required
When No
Longer
Required
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
Personnel Drug and Alcohol Testing / D.O.T
files: Negative Results 2 years 2 years Ppr
D.O.T. Requires 5 years for
positive tests, refusals, annual
summaries, etc, 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,
12960, 34090; 49 CFR 655.71 et
seq.; 49 CFR 382.401 et seq. 49
CFR 653.71
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 84 Ver. 13.0 RECORDS RETENTION SCHEDULE: PERSONNEL Page PER-3 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

Personnel Drug and Alcohol Testing / D.O.T
files: Positive Results 5 years 5 years Ppr
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, 12960, 34090; 49
CFR 655.71 et seq.; 49 CFR
382.401 et seq. 49 CFR 653.71
Personnel EEO-4 Reports and records
required to generate EEO-4 report 3 years 3 years Mag, Ppr 29 CFR 1602.30, 29 CFR 1602.32; GC §34090
Personnel 0500 Employee Assistance Program 2 years 2 years Mag, Ppr Department Preference; GC §34090
Personnel 0500 Employee Awards 2 years 2 years Mag, Ppr GC §34090 Personnel Grievances (ALL)
Final
Disposition +
5 years
Final
Disposition +
5 years
Yes: Before
Disposition Mag, Ppr
City's Preference; Lead
Department is OFR for grievances
resolved in their department; All
State and Federal laws require
retention until final disposition of
formal complaint; State requires 2
years after action is taken; 29 CFR
1602.31 & 1627.3(b)(1), GC
§§12946, 12960, 34090; 29 USC
1113, LC 1174
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 85 Ver. 13.0 RECORDS RETENTION SCHEDULE: PERSONNEL Page PER-4 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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 I-9s Separation +
3 years
Separation +
3 years Mag, Ppr
Non-citizens must re-certify
periodically; RICA recommends
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; INA 274A(b)(3); INS Rule
274a.1(b)(2); 8 CFR 274a.2; 29
CFR 1627.3(b)(1); GC §§12946,
12960, 34090
Personnel 0300 Invoices from contract law firms
(confidential)2 years 3 years 5 years Yes: Until
Paid
Mag, Mfr,
OD, Ppr S / I Yes: After
1 year
Finance is OFR for other invoices;
Department Preference to cover
auditing standards; Statewide
guidelines propose audit + 4
years; Published articles show 3 -
7 years; GC §34090
Personnel 0510 Job Descriptions / Job
Specifications P P Yes: Before
Superseded Mag, Ppr
Department Preference; Bureau of
National Affairs recommends 2
years for all supplementary
Personnel records; GC §34090
Personnel 0100 Organization Charts P P Mag, Mfr,
OD, Ppr S Yes: After
2 years
Department Preference; GC
§34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 86 Ver. 13.0 RECORDS RETENTION SCHEDULE: PERSONNEL Page PER-5 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

Personnel OSHA Inspections & Citations,
Logs 200 and Log 300, etc.7 years 7 years Ppr
Department Preference; Calif.

Labor Division is required to keep
their records 7 years; OSHA
requires 5 years; State law
requires 2 years; 8 CCR
14300.33(a); 29 CFR 1904.33, 29
CFR 1904.44; OMB 1220-029; GC
§60201 et seq.; LC §6429c
Personnel PERS Actuarial Reports
When No
Longer
Required -
Minimum 10
years
When No
Longer
Required -
Minimum 10
years
Mag, Mfr,
OD, Ppr S Yes: After
1 year
Department Preference; GC
§34090
Personnel 0530 Personnel Files - Medical File (all
employees)
Separation +
2 years
Whichever
is Longer:
28 years, or
Termination
of Benefits +
5 years
Whichever is
Longer: 30
years, or
Termination
of Benefits +
5 years,
Yes: Until
Separation
Mag, Mfr,
OD, Ppr S Yes: When
Inactive
Files maintained separately;
Claims can be made for 30 years
for toxic substance exposure; 8
CCR 5144, 8 CCR 15400.2; 8
CCR §3204(d)(1) et seq., 29 CFR
1910.1020(d)(1)(i), GC §§12946,
12960, 34090; LC §1198.5
Personnel 0530
Personnel Files - Regular, Active,
Permanent, Non-Regular,
Temporary and Part-time
Employees (includes I-9s, Oaths of
Office, Disaster Service Workers
Oaths, benefits, etc.)
Separation +
6 years
Separation +
6 years
Yes: Until
Separation
Mag, Mfr,
OD, Ppr S Yes: After
Separation
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 1602.14;
1602.31 & 1627.3(b)(1); GC
§§12946, 12960, 34090; 29 USC
1113; GC §3105; LC §1198.5
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 87 Ver. 13.0 RECORDS RETENTION SCHEDULE: PERSONNEL Page PER-6 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive
(Off-site,
OD or Mfr)
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).

Personnel 0510 Reclassification Requests 2 years 2 years Mag, Ppr Department Preference; Bureau of
National Affairs recommends 2
years for all supplementary
Personnel records; GC §34090
Personnel Recruitment Database (NeoGov)5 years 5 years Mag, Ppr Department preference; Per
NeoGov Policy; 29 CFR
1627.3(b)(1), 29 CFR 1602.14; 2
CCR 11013(c); GC §§12946,
12960, 34090
Personnel 0550
Recruitment File - Advertisements,
Applications (unsuccessful), Tests,
Letters, Scantrons, Questions,
Interview Notes
4 3 years 4 3 years Mag, Ppr
Department preference; State Law
requires 4 2 - 3 years; EEOC /
FLSA / ADEA (Age) requires 1-3
years; 29 CFR 1627.3(b)(1), 29
CFR 1602.14; 2 CCR 11013(c),
GC §§12946, 12960, 34090
Personnel Recruitment Flyers and Brochures
When No
Longer
Required
When No
Longer
Required
Mag, Ppr
Brochures and Flyers are also
maintained with recruitment file
(these are copies); GC §34090.7
Personnel 0520 Salary Surveys
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
Mag, Ppr GC §34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 88 Ver. 11.0 RECORDS RETENTION SCHEDULE - PLANNING Page PL-1 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
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).

PLANNING
Planning ALC / DRC (Design Review
Committee) Project Files 2 years P P Yes
Mag,
Mfr, OD,
Ppr
S
Yes:

When
Inactive
Department Preference;
GC§34090
Planning ALC / DRC (Design Review
Committee) Agenda Packets P P Yes
Mag,
Mfr, OD,
Ppr
S
Yes:

After 2
years
City Preference; GC §34090
Planning ALC / DRC (Design Review
Committee) Minutes P P Yes
Mag,
Mfr, OD,
Ppr
S No City Preference; GC §34090
Alcoholic Beverage License
Application Copies
When No
Longer
Required
When No
Longer
Required
Ppr Non-records
Planning Annexation / Deannexation Files P P
Mag,
Mfr, OD,
Ppr
S Yes: 1
year GC §34090
Planning
Audio Recordings of Planning
Commission and ALC / DRC
Meetings - Analog - Tapes (Audio
Tapes or Digital Recordings)
5 years 5 years Mag
Department Preference to match
expected life of audio cassettes;
State law only requires for 30
days; Council Policy A-11 allows
destruction after 30 days; GC
§54953.5(b)
Planning
Audio Recordings of Planning
Commission and ALC / DRC
Meetings - Digital (Audio Tapes or
Digital Recordings)
P P Mag
Department Preference; State law
only requires for 30 days; Council
Policy A-11 allows destruction
after 30 days; GC §54953.5(b)
0620 Census, Demographics
When No
Longer
Required
When No
Longer
Required
Mag,
Mfr, OD,
Ppr
Census Bureau is OFR; GC
§34090 et seq.

CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 89 Ver. 11.0 RECORDS RETENTION SCHEDULE - PLANNING Page PL-2 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
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).

Planning
Environmental Determinations:

Environmental Impact Reports
(EIRs), Negative Declarations,
Categorical Exemptions, etc.) /

CEQA / NEPA
Correspondence submitted to, or
transferred from the agency, and
all internal agency
communications, including staff
notes related to a non-exempt
CEQA action
Project
Approval or
Denial + 180
days
Completion
of CEQA
Process
Project
Approval or
Denial + 180
days
Completion
of CEQA
Process
Mag,
Ppr
Not all internal communications
and notes are required to be
saved; "E-mails that do not
provide insight into the project or
the agency’s CEQA compliance
with respect to the project — are
not within the scope of section
21167.6, subdivision (e) and need
not be retained." Golden Door
Properties, LLC v. Superior Court
of San Diego County (County of
San Diego, et al., Real Parties in
Interest) (53 Cal.App.5th 733);
PRC 21167,6; GC §34090
Email pertaining to City business
generally must still be retained for
a period of 2 years under the
general correspondence retention
requirement of GC §34090
Planning
Environmental Determinations:

Environmental Impact Reports
(EIRs), Negative Declarations, etc. -
Inside City boundaries (normally
stored with the project file)
P P Yes (all)
Mag,
Mfr, OD,
Ppr
S / I
Yes:

After 1
year
Normally filed with project file;
Final EIRs are required to be kept
a "reasonable period of time"; 14
Cal Code Regs §15095(c); GC
§34090
Planning
Environmental Determinations:

Environmental Impact Reports
(EIRs), Negative Declarations, etc. -
Outside City boundaries (EIRs
inside City Boundaries are stored
with the project file)
When No
Longer
Required
When No
Longer
Required
Ppr Non-records
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 90 Ver. 11.0 RECORDS RETENTION SCHEDULE - PLANNING Page PL-3 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
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).

Planning Film Permits 2 years 2 years Yes (during
filming)
Mag,
Ppr GC §34090
Planning 0615 General Plan Elements and
Amendments P P Yes (all)
Mag,
Mfr, OD,
Ppr
S / I
Yes:

After
Amended
Department Preference; City Clerk
Maintains originals of all
documents that were presented to
Council; GC §34090
Public
Works /
Engineer.
0720 Grading Permits (final)
When No
Longer
Required
When No
Longer
Required
Ppr Public Works is OFR; GC
§34090.7
Planning 0615 Land Use, General Plan, Zoning
(e.g. City Master Plan)P P
Mag,
Mfr, OD,
Ppr
S
Yes:

After
Inactive
GC §34090
Planning Massage Therapist Permits Expiration +
2 years
Expiration +
2 years
Mag,
Mfr, OD,
Ppr
S
Yes:

After
Inactive
Department Preference; GC
§34090
Planning 0120 Planning Commission Agenda
Packets P P Yes
Mag,
Mfr, OD,
Ppr
S
Yes:

After 2
years
City Preference; GC §34090
MS / City
Clerk
Planning Commission Minutes,
Resolutions P P Yes (all)
Mag,
Mfr, OD,
Ppr
S
Yes:

When
Inactive
GC §34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 91 Ver. 11.0 RECORDS RETENTION SCHEDULE - PLANNING Page PL-4 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive /
CD or Mfr
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).

Planning 0600, 680
Planning Files - Approved
Permanent and Temporary
Entitlements - All (Includes
Associated CEQA Noticing, Public
Noticing, Environmental
Determinations, Staff Reports, Plans
& Maps) -- Certificates of
Compliance, Conditional Use
Permits, Variances, Zoning Code
Amendments, etc.
2 years P P Yes
Mag,
Mfr, OD,
Ppr
S
Yes:

When
Inactive
Department Preference; Projects
have a 3 year vesting (applicant
must pull permit within 3 years) --
those applications in which the
applicant does not follow through
with permit may be destroyed after
the vesting period has expired.

Some permits must obtain Council
approval, and therefore the City
Clerk becomes office of record for
material presented to Council;
Department maintains complete
files for administrative purposes;
GC§§34090, 34090.7
Planning Proposed Projects that are Not
Pursued or Implemented
When No
Longer
Required -
Minimum 2
years
When No
Longer
Required -
Minimum 2
years
Mag,
Mfr, OD,
Ppr
S
Yes:

When
Inactive
Department Preference;
GC§34090
Regional Organizational Studies &
Programs where other Agencies are
the Lead (e.g. Rail Studies, etc.)
When No
Longer
Required
When No
Longer
Required
Mag,
Ppr Non-records; GC §34090 et seq.

Planning 0730 Street Names P P Yes (all)
Mag,
Mfr, OD,
Ppr
S No GC §34090
Planning Zoning Maps P P Yes (all)
Mag,
Mfr, OD,
Ppr
S No
Department Preference; City Clerk
Maintains originals of all
documents that were presented to
Council; GC §34090.7
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 92 Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-1 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive / CD
or Mfr
Total
Retention Vital?Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
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
MS / City
Clerk 0490, 0730
Abandonments, Easements,
Entitlements, and Vacations
(Recorded Documents / City
Property)
Upon
Completion P P Yes: Until
Completed
Mag,
Mfr, OD,
Ppr
S Yes: 1
year
Department Preference; GC
§34090.7
Public
Works /
Engineer.
0720, 0730 Aerial Maps (Analog and Digital)2 years P P
Mag,
Mfr, OD,
Ppr
S No Department Preference for
historical purposes; GC §34090
Public
Works /
Engineer.
0730
Assessment / Maintenance
District Projects (Maps, Diagrams,
Spreadsheets, Improvement
Plans - e.g. roads, sewer, etc.)
Termination of
District P P Yes: Until
Completed
Mag,
Mfr, OD,
Ppr
S Yes: 1
year
Department Preference; Statute
of Limitations is 4 - 10 years (for
Errors & Omissions); CCP
§§337. 337.1(a), 337.15, 343;
GC §34090.7
Public
Works /
Engineer.
0740 Bridges 2 years P P
Mag,
Mfr, OD,
Ppr
S No GC §34090
Public
Works /
Engineer.
0490, 0760
Encroachment Permits &
Agreements: Permanent
(Awnings, Utilities, Signs, etc.)
Life of the
Encroach-
ment
Life of the
Encroach-
ment
Yes: Until
Revocation
Mag,
Mfr, OD,
Ppr
S Yes: After
Inactive
Statewide guidelines propose
Permanent; CCP § 337 et.

Seq.; GC § 34090
Public
Works /
Engineer.
0710
Encroachment Permits &
Agreements: Temporary (Street
Closures, Transportation / Wide
Load Permits, Detours, Street
Cuts, Paving, etc.)
Expiration + 4
years
Expiration + 4
years
Yes: Until
Completion
Mag,
Ppr
Statute of Limitations for any
"...liability founded upon an
instrument in writing" or not
specifically provided for is 4
years; Statewide guidelines
propose Permanent; CCP
§§337, 343 et. Seq.; GC §
34090
Public
Works /
Engineer.
0720 Grading Permits (final)P P
Mag,
Mfr, OD,
Ppr
S Yes: After
Inactive GC §34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 93 Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-2 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive / CD
or Mfr
Total
Retention Vital?Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
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 /
Engineer.
0860 Industrial Waste Permits Close of
Business P P Mag Ppr Department Preference; GC
§34090 et seq.

Public
Works /
Engineer.
0730, 0760
Inventories / Surveys (various,
including street mileage,
equipment, etc.)
When No
Longer
Required
(minimum 2
years)
When No
Longer
Required
(minimum 2
years)
Mag,
Mfr, OD,
Ppr
S Yes Department Preference; GC
§34090
Public
Works /
Engineer.

Manuals - Operation and
Maintenance for various
equipment
Life of
Equipment
Life of
Equipment
Mag,
Mfr, OD,
Ppr
S No Administrative value; GC
§34090
Public
Works /
Engineer.
0730, 0770,
0840, 0850,
0860
Master Plans (all)P P Yes (all)
Mag,
Mfr, OD,
Ppr
S No Department Preference for
historical purposes; GC §34090
Public
Works /
Engineer.

Offers of Dedication (Rejected,
Unprocessed or Unaccepted -- If
accepted, City Clerk is Office of
Record)
P P
Mag,
Mfr, OD,
Ppr
S Yes: After
Inactive GC §34090
Public
Works /
Engineer.
0720, 0760
Plans and Maps (Final) - Grading,
elevations, drainage, sewage,
storm drains, traffic, etc.

P P Yes (all)
Mag,
Mfr, OD,
Ppr
S No
Some master plans do not go to
Council; Department Preference
for historical purposes; GC
§34090
Public
Works /
Engineer.

Preliminary Studies / Project
Assessments (Not Acquired)
When No
Longer
Required
(minimum 2
years)
When No
Longer
Required
(minimum 2
years)
Mag,
Mfr, OD,
Ppr
S Yes Department Preference; GC
§34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 94 Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-3 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive / CD
or Mfr
Total
Retention Vital?Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
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 /
Engineer.
0730, 0760,
0770, 0780,
0820, 0850,
0860, 0950
Project Files: City Infrastructure
and Facilities Projects / CIP /
Private Development -
Administration File
(Construction): Project
Administration, Performance
Bonds/Surety, Project Schedules,
Certified Payrolls, Invoices, Logs,
Insurance Certificates from
Contractors, Correspondence,
Advertising, Public Noticing,
Meeting Agendas & Minutes,
Field Inspections, Inspection
Reports, Labor Compliance,
Prevailing Wage, etc.

Upon
Completion
10 years or
After Funding
Agency
Audit, if
required,
whichever is
longer
Completion +
10 years or
After Funding
Agency Audit,
if required,
whichever is
longer
Yes: Until
Completed
Mag,
Mfr, OD,
Ppr
S Yes: 1
year
For disaster preparedness
purposes (City Clerk does not
maintain Specifications, RFPs,
Plans, Materials Testing
Reports, etc.) Statewide
guidelines propose Permanent
for Infrastructure plans; GC
§34090
Public
Works /
Engineer.
0730, 0760,
0770, 0780,
0820, 0850,
0860, 0950
Project Files: City Infrastructure
and Facilities Projects / CIP /
Private Development -
Permanent File (Design): Plans,
Specifications, Change Orders,
Materials Testing Reports,
Environmental, Feasibility
Studies, Notice of Completion
(send original to City Clerk),
Record Drawings ("As Builts"),
Regulatory Agency Approvals,
Soils Reports, Structural
Calculations, Surveys, etc.

Upon
Completion P P Yes: Until
Completed
Mag,
Mfr, OD,
Ppr
S Yes: 1
year
Retained for disaster
preparedness purposes (City
Clerk does not maintain Plans,
Materials Testing Reports, etc.)
Statewide guidelines propose
Permanent for Infrastructure
plans; GC §34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 95 Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-4 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive / CD
or Mfr
Total
Retention Vital?Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
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 /
Engineer.

Project Files: Fugitive Dust
Applications & Plans (PM 10)2 years 2 years Mag,
Ppr GC §34090
Public
Works /
Engineer.
0730 Realignments (Closed)P P Yes (all)
Mag,
Mfr, OD,
Ppr
S No GC §34090
Public
Works /
Engineer.
0720
Recorded Maps (Final Maps,
Record of Survey, Tract Maps,
etc.)
P P Yes (all)
Mag,
Mfr, OD,
Ppr
S Yes: 1
year
Drafts should be destroyed; GC
§34090, 34090.7
Public
Works /
Engineer.

Sanitary Spills and Overflows
(SSOs)5 years 5 years Mag,
Ppr
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 /
Engineer.

Sanitary Surveys 10 years 10 years Mag,
Ppr 40 CFR 141.33(c)
Public
Works /
Engineer.

Sewer Lift Stations Plans P P Yes (all)
Mag,
Mfr, OD,
Ppr
S No Department Preference; GC §
34090.7
Public
Works /
Engineer.

Sewer System Management
Plans (SSMP)5 years 5 years Mag,
Ppr
Department preference; plans
must be updated every 5 years,
audits are required every 2
years; SWRCB Order 2006-03;
40 CFR 122.41(j)(2); GC §34090
Public
Works /
Engineer.

Solid Waste Reduction / AB 939
Compliance / SB 1383
Compliance (Organic Waste
Collection and Recycling)
10 years 10 years Mag Ppr
Department preference; SB
1383 compliance is required for
5 years; 14 CCR § 18995.2; GC
§34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 96 Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-5 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive / CD
or Mfr
Total
Retention Vital?Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
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 /
Engineer.
0720 Tract Files (drawings, studies,
test reports, etc.)P P
Mag,
Mfr, OD,
Ppr
S Yes: After
Inactive GC §34090
Public
Works /
Engineer.
0950 Tree Planting Lists / Tree Surveys
When No
Longer
Required
When No
Longer
Required
Mag,
Ppr
Transitory records / Data may be
superseded; GC §34090
Public
Works /
Engineer.

Underground Storage Tank
(City Owned)
UST Monitoring, Inspections
and Maintenance, Release
Detection Systems, Cathodic
Protection Maintenance
7 years 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 /
Engineer.

Underground Storage Tanks -
USTs (City Owned)
Repairs, Lining, Upgrades
Life of the
Tank
Life of the
Tank
Mag,
Mfr, OD,
Ppr
S Yes: After
1 year
23 CCR 2712(b), H&S
§25284.2(i)
Public
Works /
Engineer.

Underground Storage Tanks (City-
Owned)
Location, Soil Remediation,
Monitoring Well Records
10 years P 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.

Public
Works /
Engineer.
0860
Wastewater - NPDES Monitoring
Reports / Sewer Monitoring
Reports
3 years 3 years Mag,
Ppr
Monitoring records required for 3
years; 40 CFR §§122.21,
122.41, 122.44
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 97 Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-6 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive / CD
or Mfr
Total
Retention Vital?Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
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).

TRANSPORTATION / TRAFFIC ENGINEERING
Public
Works /
Trans.
0760 Speed Surveys 10 years 10 years Mag,
Ppr
Department preference (required
every 5 years, but can be
extended to 7 or 10 years); GC
§34090
Public
Works /
Trans.
0760 SWITRS - Traffic Accident
Reports 10 years 10 years Mag,
Ppr
Department Preference; GC
§34090
Public
Works /
Trans.

Traffic Calming (speed humps,
etc)10 years 10 years Mag,
Ppr GC §34090
Public
Works /
Trans.
0760 Traffic Counts / Volumes,
Summaries, Reports - Historical P P Mag,
Ppr
Department Preference; GC
§34090
Public
Works /
Trans.
0760 Traffic Counts / Volumes,
Summaries, Reports - Routine
Superseded -
Minimum 2
years
Superseded -
Minimum 2
years
Mag,
Ppr
Department Preference; GC
§34090
Public
Works /
Trans.

Traffic investigations (minor
projects - reports, ordering of
signs, pavement management
studies, etc.)
Completion 10 years Completion +
10 years
Yes: Before
Completion
Mag,
Mfr, OD,
Ppr
S/I Yes: Upon
Completion
Department preference to cover
audits from all grant funding
agencies; Statute of Limitations
for Errors & Omissions is 10
years; CCP §§337. 337.1(a),
337.15, GC §34090
Public
Works /
Trans.

Traffic Signal Timing Change + 10
years
Change + 10
years
Mag,
Mfr, OD,
Ppr
S Yes: After
Inactive
Department Preference; GC
§34090
Public
Works /
Engineer.

Wide Load Permits / Oversize
Load Permits
Expiration + 2
years
Expiration + 2
years
Mag,
Ppr GC §34090

MAINTENANCE
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 98 Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-7 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive / CD
or Mfr
Total
Retention Vital?Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
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 /
Maint.
1120 Air Compressor Tank Permits
Upon
Expiration
(minimum 2
years)
Upon
Expiration
(minimum 2
years)
Mag,
Ppr
Department Preference; GC
§34090
Public
Works /
Maint.

AQMD Permits 5 years 5 years Mag,
Ppr 40 CFR 70.6; GC §34090
Public
Works /
Maint.

Generator Operation Logs (for
Fixed / Stationary Generators)3 years 3 years Mag,
Ppr
AQMD Rule 1470; GC
§34090
Public
Works /
Maint.

Generator Operation Logs (for
Portable /Emergency
Generators)
5 years 5 years Mag,
Ppr
AQMD Rule 1470; Form
400–E–13a instructions, GC
§34090
Public
Works /
Maint.
1120 Fuel Inventories 2 years 3 years 5 years Mag,
Ppr Auditing purposes; GC §34090
Public
Works /
Maint.
1120 Maintenance History - Vehicles &
Equipment
Life of Vehicle
or Equipment
+ 2 years
Life of Vehicle
or Equipment
+ 2 years
Mag,
Ppr
Department Preference to cover
statute of limitations; If a motor
carrier, required for 18 months
after vehicle is sold; Covers all
statute of limitations; 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., 13 CCR
1234(f); GC §34090
Public
Works /
Maint.
1120 Maintenance Schedules Superseded Superseded Mag,
Ppr
Department Preference; GC
§34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 99 Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-8 Office of
Record File No.Records Description Retention / Disposition Comments / Reference (OFR)Active
(in office)
Inactive / CD
or Mfr
Total
Retention Vital?Media
Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
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 /
Maint.
1120
Manuals - Operation and
Maintenance for various
equipment
Life of
Equipment
Life of
Equipment
Mag,
Mfr, OD,
Ppr
S No Administrative value; GC
§34090
Public
Works /
Maint.

Pre-Trip Inspections / Daily
Vehicle Inspections 2 years 2 years Mag,
Ppr 13 CCR 1234(c); GC§34090
CITY OF INDIAN WELLS, CA. ©2004 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/22/2021 100

City of Indian Wells
4/21/2022
44-950 Eldorado Drive,
Indian Wells
File #:RES-015-22 Item #:E.

Indian Wells City Council
Staff Report - Finance April 21,2022
Resolution Authorizing Application to the California Energy Commission for an Energy Conservation Assistance Act
RECOMMENDED ACTIONS:

DISCUSSION:

The Finance Committee met on February 15, 2022, to review and discuss application to the California Energy Commission for an energy conservation assistance act loan. The Finance Committee approved application to the California Energy Commission as presented.

In recent years, the State of California and other governmental agencies have implemented various financing programs to promote and facilitate the expansion of renewable and sustainable energy infrastructure projects. At the request of the City of Indian Wells (the “City”), Columbia Capital conducted due diligence on the various financing programs available to the City and identified the California Energy Commission (the “CEC”) as a viable program to assist in the financing a portion of the City’s current solar power project.

The California Energy Commission’s Energy Conservation Assistance Act Plan loan requirements meet the objectives for the City’s solar financing plan. The Energy Conservation Assistance Act (“ECCA”) program offers 1% interest rate loans to municipalities. Loan applications are accepted on a first- come, first-served basis for projects with proven energy savings. Eligible projects must provide proven energy cost savings and include energy generation including renewable and combined heat- and-power projects.

Loan Terms and Conditions:The financing rate is a 1% subsidized loan for qualified energy projects, which may fund a maximum loan up to $3 million with a maximum maturity of 20 years; however, Staff’s understanding is that should the City’s application be accepted it will qualify for aCity of Indian Wells Printed on 4/15/2022Page 1 of 4 powered by Legistar™101

File #:RES-015-22 Item #:E.
however, Staff’s understanding is that should the City’s application be accepted it will qualify for a maximum maturity of 17 years. A promissory note and loan agreement between the City and the Energy Commission is required to secure the loan. The loan is provided on a reimbursement basis; only approved project-related costs with invoices dated within the executed term of the loan are eligible to be reimbursed from loan funds. The City will be billed principal & interest semi-annually in June and December.

The City is expected to qualify for the loan and adoption of this Resolution is the first step in the application process. In the fall of 2021, the City approved the $8.9 million Renewable Energy Generation Program. City has financed this program from City reserves and from the proceeds of the 2022 Indian Wells Financing Authority Lease Revenue Bonds. This financing allows the City General Fund to reimbursed up to $3 million and pay the debt service from energy savings and other capital funding uses for a portion of the proceeds of the 2022 Indian Wells Financing Authority Lease Revenue Bonds.

The proposed borrowing by the loan agreement and promissory note is in compliance with the City’s Debt Management Policy.

The Plan of Finance:

Project Amount Renewable Energy Generation Program $3,000,000 Total $3,000,000 The plan of finance calls for $3 million of the $8.9 million Renewable Energy Generation Program to be funded by the Energy Conservation Assistance Act Loan (the “CEC Loan”). The CEC Loan, if approved, for the solar related project would be in a not to exceed amount of $3 million.

Loan Structure: Under the proposed loan agreement, the City will enter into an agreement with the California Energy Commission to make loan payments. The City will make semiannual loan payments due to the CEC under the loan agreement and shall be made from savings in energy costs or other legally available funds as the City chooses. Energy cost savings are determined by the CEC and are to be based on energy usage and serving utility rate schedules at the time the Energy Conservation Assistance Act Loan application is submitted, and the information and data to be contained in the City’s loan application and technical study.

The Financing Documents: The financing documents presented for approval include a (1) Resolution, (2) Lease Agreement, (3) Promissory Note. A description of the documents follows:

1.Loan Agreement - Document in which the City agrees to make loan payments to the California Energy Commission from savings in energy costs or other legally available funds as City of Indian Wells Printed on 4/15/2022Page 2 of 4
powered by Legistar™102

File #:RES-015-22 Item #:E.

California Energy Commission from savings in energy costs or other legally available funds as the City chooses. The loan agreement is provided by California Energy Commission and executed by the City.

2.Promissory Note-The Energy Conservation Assistance Act Loan requires the execution and delivery of a Promissory Note.

The City is presented with a resolution which authorize the application to the California Energy Commission for CEC Loan and approves the various documents and actions to be taken in the course of the financing and, in the case of the City, authorizes the Mayor, Mayor Pro Tem, City Manager, Deputy City Manager, the Finance Director or any officer designated in writing by the City Manager to sign the documents and take the necessary actions to complete the financing.

Key details of the proposed loan agreement include:

Obligor City of Indian Wells Lender California Energy Commission Program Energy Conservation Assistance Act Amount $3,000,000 (not to exceed)
Status Application Process
Interest rate 1% Amount available for solar project $3,000,000 Principal and Interest Payment Dates June 1 and December 1. Final Maturity Expected to be June 1, 2039 (17 years) Debt Service Structure Level annual debt service
The expected term of the loan is 17 years with not to exceed of 20 years and the loan payments are expected to be level. The final interest cost will be 1%. The currently estimated all in true interest cost, which includes all estimated costs associated with executing the loan, is 1.10%. Please note the CEC does not allow the cost of issuance to be paid out of CEC Loan proceeds. Annual loan payments are currently expected to be approximately $195,000.

FISCAL IMPACT:

Below is an explanation of expected Fiscal Impacts on the City General Fund.

Improving City Cash Flow:As originally proposed, the City’s General Fund intended to make a series of interfund loans totaling $8.9 million to fund the Renewable Energy Generation Program.

The General Fund was to be eventually reimbursed with other funds as they become available from City developer fees, grants, and other funding sources earmarked for the project long-term. The repayment was expected to largely take ten or more years.

With the low 1% interest rate available from the CEC, utilizing the Energy Conservation Assistance Act Loan to fund the proposed solar project eliminates the need for the General Fund advance and interfund borrowing as the loan can be structured to ensure “other” funds revenues would beCity of Indian Wells Printed on 4/15/2022Page 3 of 4 powered by Legistar™103

File #:RES-015-22 Item #:E.
interfund borrowing as the loan can be structured to ensure “other” funds revenues would be available to cover loan payments. If approved for funding by the CEC, the Energy Conservation Assistance Act Loan evidenced by the loan agreement and promissory note will result in significant public benefits to the citizens of the City from demonstrable savings in effective interest rate costs compared to the costs of components of the funded components of the Renewable Energy Generation Program as may have been allocated to the Bonds, a portion of the proceeds of the 2022 Indian Wells Financing Authority Lease Revenue Bonds.

Repayment of the loan will be made by the City from funds representing savings in energy costs resulting from the funded components of the Renewable Energy Generation Program or other legally available funds as the City chooses but shall not be raised by the levy of additional taxes and shall not be an obligation against tax revenues. Cost savings as determined by the Commission are to be based on energy usage and serving utility rate schedules at the time the Energy Conservation Assistance Act Loan application is submitted, and the information and data to be contained in the City’s loan application and technical study.

As set forth in the attached Exhibit A, Columbia Capital has provided good faith estimates with respect to the loan agreement in accordance with California Government Code Section 5852.1 based on an assumed $3,000,000 principal amount of the loan agreement.

Maintaining Cash Reserves:In the wake of the pandemic, Indian Wells saw firsthand how maintaining operating and capital reserves served the City well. This proposed financing would preserve City reserves and liquidity while taking advantage of the CEC’s low interest rate.

ATTACHMENTS:

1. Resolution

2. Loan Agreement

3. Promissory Note
City of Indian Wells Printed on 4/15/2022Page 4 of 4
powered by Legistar™104

4141-6378-4756.4
RESOLUTION NO. 2022-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN

WELLS AUTHORIZING APPLICATION TO THE CALIFORNIA

ENERGY COMMISSION FOR AN ENERGY CONSERVATION

ASSISTANCE ACT LOAN AND UPON APPROVAL THEREOF

DELIVERY BY THE CITY OF A LOAN AGREEMENT AND

PROMISSORY NOTE IN A PRINCIPAL AMOUNT OF NOT TO
EXCEED $3,000,000 AND AUTHORIZING THE EXECUTION OF

NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED

ACTIONS
WHEREAS, the City of Indian Wells (the “City”) desires to finance a portion of the costs of the acquisition, design, engineering, fabrication, construction, improvement and installation of renewable energy generation improvements and energy management systems including, without limitation, solar panels and related equipment, energy efficient lighting, HVAC units, and electric charging stations at the Indian Wells Golf Resort and at City Hall (the “Renewable Energy Generation Program”);
WHEREAS, the California Energy Commission (the “Commission”) provides loans (referred to herein as an “Energy Conservation Assistance Act Loan”) to schools, hospitals, local governments, special districts, and public care institutions to finance energy efficiency improvements such as the Renewable Energy Generation Program at competitive rates;
WHEREAS, the Commission makes such loans upon application to and approval by the Commission and pursuant to a form of loan agreement (the “Loan Agreement”) and the execution and delivery of such Loan Agreement and a promissory note (the “Promissory Note”);
WHEREAS, if recommended for funding by the Commission, semiannual payments due to the Commission under the Loan Agreement will be made by the City from funds representing savings in energy costs resulting from the Renewable Energy Generation Program or other legally available funds as the City chooses but shall not be raised by the levy of additional taxes and shall not be an obligation against tax revenues; WHEREAS, energy cost savings as determined by the Commission are to be based on energy usage and serving utility rate schedules at the time the Energy Conservation Assistance Act Loan application is submitted, and the information and data to be contained in the City’s loan application and technical study; WHEREAS, the potential of the approval of an Energy Conservation Assistance Act Loan was considered by the City in connection with the recently completed financing of all or a portion of the costs of components of the Renewable Energy Generation ATTACHMENT #1
105

City of Indian Wells
Resolution No. 2022-12

Page 2 ends

2 4141-6378-4756.4

Program among other capital projects financed by the Indian Wells Financing Authority (the “Authority”) through the issuance of its Lease Revenue Bonds (Solar and Infrastructure Solar Projects), Series 2022 (the “Bonds”), payable from base rental payments to be made by the City pursuant to a lease agreement by and between the City and the Authority, which Bonds were issued on February 10, 2022 in $13,930,000 aggregate principal amount;
WHEREAS, if recommended for funding by the Commission and the Loan Agreement is executed and delivered and funded such that proceeds of the Energy Conservation Assistance Act Loan are allocated to pay costs of components of the Renewable Energy Generation Program previously paid for with proceeds of the Bonds, such loan proceeds will be treated as “springing” Bond proceeds and will be used to pay for other capital projects of the City included among capital projects eligible to be financed with Bond proceeds;
WHEREAS, if recommended for funding by the Commission, the Energy Conservation Assistance Act Loan evidenced by the Loan Agreement and Promissory Note will result in significant public benefits to the citizens of the City because it is expected that such use will provide demonstrable savings in effective interest rate costs and efficiency of delivery including as compared to the costs of components of the Renewable Energy Generation Program as may have been allocated to the Bonds; WHEREAS, the Renewable Energy Generation Program is designed for installation at the Indian Wells Golf Resort and at City Hall, each of which are existing, City-owned facilities, which qualifies the project in whole for a Categorical Exemption under Section 15301 of the California Environmental Quality Act (CEQA); WHEREAS, on November 7, 2019, the City Council adopted a Debt Management Policy for the City (the “Debt Management Policy”) that complies with Government Code Section 8855(i), and the Loan Agreement and Promissory Note as contemplated by this Resolution is in compliance with the Debt Management Policy; WHEREAS, Senate Bill 450 (Chapter 625 of the 2017-2018 Session of the California Legislature) (“SB 450”) requires that the City obtain from an underwriter, municipal advisor or private lender and disclose, prior to authorization of the issuance of bonds, or other evidences of indebtedness including debt instruments such as the Loan Agreement, with a term of greater than 13 months, good faith estimates of the following information in a meeting open to the public: (a) the true interest cost of the Loan Agreement, (b) the sum of all fees and charges paid to third parties with respect to the Loan Agreement, (c) the amount of proceeds of the Loan Agreement expected to be received net of the fees and charges paid to third parties and any reserves or capitalized interest paid or funded with proceeds of the Loan Agreement, and (d) the sum total of all debt service payments on the Loan Agreement calculated to the final maturity of the 106

City of Indian Wells
Resolution No. 2022-12

Page 3 ends

3 4141-6378-4756.4

Loan Agreement plus the fees and charges paid to third parties not paid with the proceeds of the Loan Agreement, all of which are submitted to this meeting; WHEREAS, there have been prepared and submitted to this meeting forms of:
(a) the Loan Agreement; and
(b) the Promissory Note;
WHEREAS, the City desires to authorize the execution of such documents and the performance of such acts as may be necessary or desirable to effect the application for the Energy Conservation Assistance Act Loan and the execution and delivery of the Loan Agreement and Promissory Note; and
WHEREAS, all acts, conditions and things required by the Constitution, laws of the State of California and the City Charter of the City to exist, to have happened and to have been performed precedent to and in connection with the consummation of the transactions authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the City is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such transactions for the purpose, in the manner and upon the terms herein provided;

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:

The foregoing recitals are true and correct, and the City Council of the City (the “City Council”) so finds and determines.

The City Council authorizes the City to apply for an energy efficiency loan from the Commission to implement energy efficiency measures of the Renewable Energy Generation Program.

If recommended for funding by the Commission, the City Council, on behalf of the City, hereby finds that the use of the Energy Conservation Assistance Act Loan to assist the City in financing the Renewable Energy Generation Program will result in significant public benefits to the citizens of the City because it is expected that such use will provide demonstrable savings in effective interest rate costs.

The form of the Loan Agreement, substantially in the form on file with the City Clerk of the City (the “City Clerk”), is hereby approved. Each of the Mayor, the Mayor Pro Tem, the City Manager of the City, the Deputy City Manager, the Finance Director or any officer designated in writing by the City Manager (each, an “Authorized Officer”) is hereby authorized, and any one of the Authorized Officers is hereby directed, for and in the name of the City, to execute and deliver the Loan Agreement in the form 107

City of Indian Wells
Resolution No. 2022-12

Page 4 ends

4 4141-6378-4756.4

submitted to this meeting, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Loan Agreement by such Authorized Office; provided, however, that such changes, insertions and omissions shall not result in an aggregate principal amount of the Loan Agreement in excess of $3,000,000, shall not result in the term of the Loan Agreement terminating later than June 1, 2042 (the number of semiannual installments payable under the Loan Agreement shall not exceed forty); and provided further that if the annual energy cost savings resulting from the Renewable Energy Generation Program, as determined by the Commission, fail to equal or exceed the amount due under the Loan Agreement, the Loan Agreement may be renegotiated to assure that the repayment amount does not exceed the actual energy savings or avoided costs resulting from the Renewable Energy Generation Program, and the Loan Agreement will be revised accordingly; and provided further that the simple interest at the annual rate under the Loan Agreement shall not exceed 1.20% per annum.

The Loan Agreement is to be evidenced by the Promissory Note, a form of which to be attached to the Loan Agreement, and a form of the Promissory Note, substantially in the form on file with the City Clerk, is hereby approved. Each of the Authorized Officers is hereby authorized, and any one of the Authorized Officers is hereby directed, for and in the name of the City, to execute and deliver the Promissory Note in the form submitted to this meeting, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Promissory Note by such Authorized Officer; provided, however, that such changes, insertions and omissions shall not result in an aggregate principal amount of the Loan Agreement as evidenced by the Promissory Note exceeding any of the provisions of Section 4 as provided to the Promissory Note.

In compliance with the California Environmental Quality Act (CEQA), the City Council finds that the activity constituting the Renewable Energy Generation Program to be funded by the Energy Conservation Assistance Act Loan is not a project because such activity is subject in whole to a Categorical Exemption under Section 15301.

The amount of the Energy Conservation Assistance Act Loan will be paid in full, plus interest, under the terms and conditions of this Resolution, the Loan Agreement, Promissory Note and Tax Certificate of the Commission.

The Authorized Officers are hereby authorized to retain, in connection with the transactions contemplated by this Resolution, the firm of Columbia Capital Management, LLC, as Municipal Advisor, and the firm of Orrick, Herrington & Sutcliffe LLP, as Special Counsel, and to execute professional services agreement with each such firm with respect to the financing of the Renewable Energy Generation Program.
108

City of Indian Wells
Resolution No. 2022-12

Page 5 ends

5 4141-6378-4756.4

The City Council hereby approves the execution and delivery of all agreements, documents, certificates and instruments referred to herein with electronic signatures as may be permitted under the California Uniform Electronic Transactions Act and digital signatures as may be permitted under Section 16.5 of the California Government Code using DocuSign.

The Authorized Officers and the officers and employees of the City are, and each of them is, hereby authorized and directed, for and in the name of the City to do any and all things and to execute and deliver any and all documents which they or any of them deem necessary or advisable in order to consummate the transactions contemplated by this Resolution and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution and to undertake all actions necessary to undertake and complete the energy efficiency projects.

This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on the 21st day of April 2022.

DANA REED
MAYOR

CERTIFICATION FOR RESOLUTION NO. 2022-12
I, Angelica Avila, City Clerk of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Indian Wells on the 21st day of April, 2022, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

109

City of Indian Wells
Resolution No. 2022-12

Page 6 ends

6 4141-6378-4756.4

ANGELICA AVILA

CITY CLERK

TODD LEISHMAN

CITY ATTORNEY

110

Non-Bond Funded Loan Agreement Exhibit A Loan 2022-____ Rev. June 9, 2017 GKLFEB City of Indian Wells

Page 1 of 7 ends

4156-5088-8502.2

EXHIBIT A

ENERGY CONSERVATION ASSISTANCE ACT LOAN AGREEMENT
This Loan Agreement (the “Agreement”) is entered into as of the date it is executed by both parties hereto, between the California Energy Resources Conservation and Development Commission (the “Energy Commission”) and the City of Indian Wells (the “Borrower”) located in the County of Riverside, CA.

1.STATUTORY AUTHORITY AND LOAN
A.Pursuant to the purposes authorized by Section 25410, et seq., of the California Public Resources Code (the “Energy Conservation Assistance Act”), the Energy Commission has approved the Borrower’s loan application dated ______ __, 2022, which is not attached but is expressly incorporated by reference herein.

B.Subject to the terms, covenants, conditions, and including Special Conditions (if applicable) contained herein, and the Budget Detail/Summary of Project Cost and Savings attached as Exhibit A, Attachment 1 hereto to the extent it modifies the Borrower’s loan application, the Energy Commission shall make a loan to the Borrower (the “Loan”) in the amount of _____________________ dollars ($________) evidenced by a Promissory Note (the “Promissory Note”) for loan number 2022-____ attached hereto as Exhibit B.

2.PURPOSE
The Borrower agrees to expend all funds disbursed pursuant to this Agreement only for the purposes and in the amounts set forth in Exhibit A, Attachment 1 (the “Project”). Any other use of funds disbursed hereunder shall require prior written approval by the Energy Commission.

3.LOAN DISBURSEMENT SCHEDULE
A.The Energy Commission agrees to disburse funds to the Borrower upon the Borrower’s execution of the attached Promissory Note and required supplemental documents, including invoices as required in Section 3.B below.

B.Loan funds shall be disbursed on a reimbursement basis based on invoices submitted by Borrower in a form approved by the Energy Commission. Backup documentation for actual expenditures (such as timecards, vendor invoices, etc.) and proof of payment must be provided to substantiate the request. Energy Commission staff will approve invoices only after verifying requested amounts against backup billings and determining that expenses are appropriate and used for the authorized purposes of this Loan. For executed Agreements, invoices for expenses incurred during the Agreement Term are eligible for reimbursement.

C.All invoices must be submitted within sixty (60) days after Project completion.

D.The final ten percent (10%) of the Loan amount will be withheld as retention until the final report is received from the Borrower and the Commission’s Project Manager determines the Project has been satisfactorily completed.

ATTACHMENT #2
111

Non-Bond Funded Loan Agreement Exhibit A Loan 2022-____ Rev. June 9, 2017 GKLFEB City of Indian Wells

Page 2 of 7 ends

4156-5088-8502.2

4. LOAN REPAYMENT AND INTEREST
All funds disbursed hereunder, together with all interest payable thereon, shall be repaid to the Energy Commission in accordance with the terms of the Promissory Note. The Loan shall bear simple interest at the annual rate set forth in the attached Promissory Note on the principal balance of Loan funds disbursed to the Borrower. Payment of said interest shall be due at the time of semiannual scheduled Loan repayment installments to the Energy Commission, and interest shall accrue from the time of disbursal of funds to the Borrower until receipt of full Loan repayment to the Energy Commission.

5. TERM
A. The effective date of this Agreement shall be the date on which it has been executed by both parties hereto. No work is authorized, or shall begin until the Energy Commission signs the Agreement.

B. The Borrower agrees to complete performance of its obligations under this Agreement within the applicable periods stated in this Agreement.

6. PREPAYMENT
The Borrower shall have the right to prepay all or any part of the amount of this Loan at any time without penalty.

7. PROMISSORY NOTE
In order to evidence its debt to the Energy Commission hereunder, the Borrower agrees to, contemporaneously with the execution of this Agreement, execute and deliver to the Energy Commission the Promissory Note (attached as Exhibit B hereto).

8. ACCOUNTS, AUDITS, AND RECORDS
A. The Borrower agrees to establish on its books a separate account for this Loan. This account shall be maintained as long as the Loan obligation remains unsatisfied.

B. The Borrower further agrees to maintain records that accurately and fully show the date, amount, purpose, and payee of all expenditures drawn on said account for three (3) years after this Loan is repaid in full unless the Energy Commission requests a longer retention period.

C. The Borrower further agrees to utilize a voucher system by which all expenditures from said account will be authorized and authenticated.

D. The Borrower further agrees to allow the Energy Commission or any other agency of the State of California (the “State”) or their designated representatives, on written request, to have reasonable access to, and the right of inspection of, all records that pertain to said account or the Project. The Borrower also agrees to submit to an independent audit, if requested by the Energy Commission, at the expense of the Borrower. Borrower agrees to maintain all such records for a minimum of three years after this Loan is repaid in full unless the Energy Commission notifies the Borrower, prior to the expiration of such three-year period, that a longer period of record retention is necessary. 112

Non-Bond Funded Loan Agreement Exhibit A Loan 2022-____ Rev. June 9, 2017 GKLFEB City of Indian Wells

Page 3 of 7 ends

4156-5088-8502.2

9. SOURCE OF REPAYMENT; OPERATION OF PROJECT
A. Semiannual payments due to the Energy Commission under this Agreement shall be made from savings in energy costs or other legally available funds as the Borrower chooses. If the Borrower is a county, city, town, township, board of education, or school district, the Borrower agrees that the amount of the semiannual Loan repayment shall not be raised by the levy of additional taxes and shall not be an obligation against tax revenues, but shall be obtained either from savings in energy costs resulting from the subject energy conservation projects or other legally available funds as the Borrower chooses.

B. Energy cost savings as determined by the Energy Commission are based on energy usage and serving utility rate schedules at the time the Loan application is submitted, except as specified in Special Conditions, if any, as detailed in this Agreement, and the information and data contained in the Borrower’s loan application and technical study. The following will not affect the Energy Commission’s initial finding of energy cost savings, and are not a basis for claiming a lack of energy savings: a) changes in energy use and/or rate schedules which occur after submittal of the Loan application, except as specified in Special Conditions, if any, as detailed in this Agreement, b) deviations in the Project work scope from what was approved by the Energy Commission, c) changes in the Borrower’s facility and/or equipment which occur after submittal of the Loan application, including, but not limited to maintenance, operations, schedules, employees and facility alterations and expansions, d) deviations, omissions or errors found in the loan application and technical study after submittal of the Loan application. The Borrower is responsible for ensuring the accuracy of the information contained in its loan application and technical study. In the event annual energy cost savings resulting from the Project, as determined by the Energy Commission, fail to equal or exceed the amount due under this Agreement, this Agreement may be renegotiated to assure that the repayment amount does not exceed the actual energy savings or avoided costs resulting from the Project, and the Promissory Note will be revised accordingly. In no event, however, will the number of semiannual installments payable hereunder and under the Promissory Note exceed forty.

C. The Borrower shall obtain and maintain in its records any and all permits and licenses required to install or operate the Project and shall comply with all local, state, and federal laws, rules and codes concerning the Project. The Borrower shall maintain the Project in good working order for the duration of the Loan and shall insure that staff members are provided appropriate training on the operation and maintenance of the Project. The Borrower shall maintain insurance on the Project and, in the event of any casualty loss covered by such insurance policy, apply the proceeds to the repair of the Project or, with the approval of the Energy Commission, may use the insurance proceeds to install alternate projects to generate alternative energy cost savings to repay the Loan.

D. The Borrower agrees to provide the Energy Commission with the following information for three years following completion of the Project, unless the Energy Commission requests a longer period: (1) the annual computation, required by Section 25414 of the Energy Conservation Assistance Act, of energy cost savings for the most recent fiscal year, calculated in the manner and provided in the format prescribed by the Energy Commission; and (2) any information or change in assumptions or operations which might affect the Energy Commission’s initial determination of energy savings. 113

Non-Bond Funded Loan Agreement Exhibit A Loan 2022-____ Rev. June 9, 2017 GKLFEB City of Indian Wells

Page 4 of 7 ends

4156-5088-8502.2

E. The Borrower authorizes any official or agent of the Energy Commission or the State to conduct physical inspections of the Project before the commencement; during construction, installation and implementation of the Project; and at any time prior to the complete repayment of the Loan. In each contract entered into with suppliers of goods and services to install, conduct, or operate the Project, including management services, the Borrower shall include terms which allow any officer or agent of the Energy Commission or the State access to the Project site and to any books, documents, or records directly relevant to the Project.

F. If, prior to final repayment of the Loan, the Borrower sells the equipment or material installed with the proceeds of the Loan or sells the building, facility or system in which the Project has been implemented, then the Borrower shall apply the sale proceeds to repay any remaining balance due under this Agreement in full at the time of such sale.

The Borrower shall notify the Energy Commission within five business days of the date on which the Borrower enters into an agreement to effect such transaction. The Borrower shall repay the Energy Commission within 30 calendar days of receiving an invoice from the Energy Commission for the balance due.

G. In accordance with Section 25415 of the Energy Conservation Assistance Act, the Borrower covenants to take such action as may be necessary to include all payments due hereunder in its annual budget and to make the necessary annual appropriations for all such payments. The obligation of the Borrower to make such payments shall be limited to the savings realized by the Borrower as a result of implementing the Project funded by the Loan.

10. DEFAULT
A. The Borrower’s failure to comply with any of the terms of this Agreement shall constitute a breach of this Agreement and an event of default. In such case, the Energy Commission may declare this Agreement to have been breached and be released from any further performance hereunder.

B. In the event of any default or breach of this Agreement by the Borrower, the Energy Commission, without limiting any of its other legal rights or remedies, may, to the extent permitted by law, declare the Promissory Note evidencing this Loan to be immediately due and payable.

11. TERMINATION
A. With Cause
The Energy Commission may, at its option, terminate this Agreement with cause in whole or in part, at any time prior to the funding of the Loan, upon giving five (5) days advance notice in writing to the Borrower. “Cause” includes without limitation:
1) Failure to perform or breach of any of the terms or covenants at the time and in the manner provided in this Agreement; or
2) Significant change in Energy Commission or State policy such that the work or product being funded would not be supported by the Energy Commission; or 114

Non-Bond Funded Loan Agreement Exhibit A Loan 2022-____ Rev. June 9, 2017 GKLFEB City of Indian Wells

Page 5 of 7 ends

4156-5088-8502.2

3) Reorganization to a business entity unsatisfactory to the Energy Commission.

B. Without Cause
The Energy Commission may, at its option, terminate this Agreement without cause in whole or in part, at any time prior to the funding of the Loan, upon giving thirty (30) days advance notice in writing to the Borrower.

12. REPORTING
A. Progress reports are due each calendar quarter until Project completion. At a minimum, Borrower shall submit progress reports in accordance with the following schedule:

PROGRESS REPORT SCHEDULE
For the Period Covering Report Due Date
January 1 through March 31 April 5th
April 1 through June 30 July 5th
July 1 through September 30 October 5th
October 1 through December 31 January 5th

B. A final report is due no later than sixty (60) days after Project completion.

C. The Energy Commission will not process an invoice unless the Borrower’s report submittals are up to date.

D. If requested by the Energy Commission, Borrower shall submit, within ten (10) days after the Energy Commission’s written request, a status report on its activities to date, pursuant to this Agreement.

E. Reports shall be in a format as determined by the Energy Commission.

F. The Borrower shall submit reports regarding energy savings as described in Section 9.D above.

13. GENERAL TERMS
A. Indemnification by the Borrower. The Borrower agrees to indemnify, defend, and save harmless the Energy Commission, the State, and their officers, agents, and employees from any and all claims, losses, or costs (including reasonable attorney fees) arising out of, resulting from, or in any way connected with the Loan or this Agreement, or the financing or the operation of the facilities financed with the Loan.

B. Ownership of Equipment and Material. All equipment and material acquired under this Agreement shall become the property of the Borrower at time of purchase. The Borrower shall obtain and maintain in its records a written waiver of all claims, other than those previously made in writing and still unsettled, from each contractor who supplies goods and services, including management services, in connection with the Project. 115

Non-Bond Funded Loan Agreement Exhibit A Loan 2022-____ Rev. June 9, 2017 GKLFEB City of Indian Wells

Page 6 of 7 ends

4156-5088-8502.2

C. Independent Capacity. The Borrower, and the agents and employees of the Borrower, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the Energy Commission or the State of California.

D. Assignment. Without the written consent of the Energy Commission, this Agreement is not assignable or transferable by the Borrower either in whole or in part. The Energy Commission may assign its rights under this Agreement for security purposes, and in such event the assignee of this Loan Agreement, including the bond trustee of any bonds which may be secured by repayment of this Loan, shall be entitled to enforce the provisions hereof and shall be a third party beneficiary of this Agreement.

E. Time of the Essence. Time is of the essence in this Agreement. Borrower is required to take timely actions which, taken collectively, move to completion of the purpose for which this Loan was awarded. The Commission Project Manager will periodically evaluate the progress toward completion. If the Commission Project Manager determines that the Borrower is not progressing toward completion within one (1) year after the effective date of this Agreement, the Commission Project Manager may, without penalty or prejudice to any of the Energy Commission’s other remedies, terminate this Agreement.

F. Amendment. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

G. Severability. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

H. Governing Law and Venue. This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Venue shall be in Sacramento County.

I. Non-discrimination. During the performance of this Agreement, the Borrower and its contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and family care leave. The Borrower and its contractors and subcontractors shall insure the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Borrower and its contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.).

The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this agreement by reference and made a part hereof as if set forth in full. The Borrower and its contractors and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The Borrower and its contractors shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. 116

Non-Bond Funded Loan Agreement Exhibit A Loan 2022-____ Rev. June 9, 2017 GKLFEB City of Indian Wells

Page 7 of 7 ends

4156-5088-8502.2

J. Incorporation of Energy Conservation Assistance Act. The Energy Conservation Assistance Act, together with any applicable rules, regulations or procedures authorized by such statute, is incorporated by reference in this Agreement.

K. Borrower Authorization. The Borrower certifies it has full power and authority to enter into this Agreement, and this Agreement has been duly authorized, executed and delivered by the Borrower. The Borrower acknowledges the resolution of its governing body or other official action authorizing it to enter into this Agreement. The Borrower also authorizes such further acts as are necessary, including execution of the Promissory Note, to implement and further the intent of this Agreement.

L. Prevailing Wage. The Borrower shall comply with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code relating to the payment of prevailing wage for work performed on the Project financed in whole or in part with the proceeds of the Loan.

M. Funding Eligibility. By signing this Agreement, Borrower certifies it is eligible to receive state funding under all applicable laws, including but not limited to Chapter 2.8 “Project Labor Agreements”, of Part 1, of Division 2 of the Public Contract Code.

14. NOTICE
Any notice required to be given to the Energy Commission hereunder shall be sent to the person and address listed under Legal Notices in Exhibit G, Contacts, or at such other address as the Energy Commission may designate in writing to the Borrower. Any notice required to be given to the Borrower hereunder shall be sent to the address shown for Borrower in this Agreement, or at such other address as the Borrower shall designate in writing to the Energy Commission.

Notice to either party may be given using the following delivery methods: U.S. mail, overnight mail, or personal delivery, providing evidence of receipt, to the respective parties identified in this Agreement. Delivery by fax or e-mail is not considered notice for the purposes of this Agreement. Notice shall be effective when received, unless a legal holiday for the State commences on the date of the attempted delivery in which case the effective date shall be postponed 24 hours, or whenever the next business day occurs.

117

Budget Detail Exhibit A, Attachment 1 Loan 2022-____
Rev. October 5, 2016 MPLFCIAA City of Indian Wells

Page 1 of 1 ends

4156-5088-8502.2

EXHIBIT A
ATTACHMENT 1

BUDGET DETAIL/PROJECT COST AND SAVINGS
This Loan is made to the City of Indian Wells (“Borrower”) for an energy savings Project. The Project consists of the energy efficiency measures listed in Table 1 below to be installed at the Indian Wells Golf Resort and at City Hall, in the City of Indian Wells, CA, which properties are owned by the Borrower.

The table below summarizes the estimated Project cost(s), saving(s) and simple payback(s) for the Project.

TABLE 1: SUMMARY OF PROJECT COST AND SAVINGS:

Energy Efficiency Measures
Estimated
Total Project
Cost
Energy
Commission
Loan
Estimated Annual
Energy Cost
Savings
Simple
Payback*
(Years)
Solar Panels and Equipment
[Insert EEM
Cost] $00.00 [Insert Cost Savings]
[Insert EEM
Payback]
Energy Efficient Lighting
[Insert EEM
Cost] $00.00 [Insert Cost Savings]
[Insert EEM
Payback]
HVAC Units
[Insert EEM
Cost] $00.00 [Insert Cost Savings]
[Insert EEM
Payback]
Electric Charging Stations
[Insert EEM
Cost] $00.00 [Insert Cost Savings]
[Insert EEM
Payback]

TOTALS:
[Insert Total
Project Cost] ________
[Insert Total Annual
Energy Cost Savings]
[Insert Overall
Payback]
* The simple payback is based on the Loan amount.

The Borrower shall implement each measure listed in Table 1.

If Borrower does not complete one or more of the measures or deviates from the quantities and specifications listed in Table 1, the Commission Project Manager will calculate the maximum Loan amount supported by the Project. The Loan amount will be determined by the lesser of: 1) multiplying the annual energy cost savings by [Insert Maximum Simple Payback Period]; 2) total Project costs; or 3) approved Loan amount.

Borrower shall notify the Commission Project Manager in writing if Borrower expects any information in Table 1 to change. Energy Commission staff will advise Borrower of the procedure to approve any changes. Written documentation is required for any changes to the information included in this Attachment.

If the Borrower has received disbursements exceeding the maximum Loan amount supported by the Project, the Borrower shall refund the difference to the Energy Commission within 30 days of notification.

118

Non-Bond Funded Promissory Note Exhibit B Loan 2022-____ Rev. January 24, 2017 GKLFEB City of Indian Wells

Page 1 of 3 ends

4156-5088-8502.2

EXHIBIT B

PROMISSORY NOTE
LOAN NUMBER: 2022-____
PRINCIPAL AMOUNT: $________
INTEREST RATE: ____%

1.For value received, the undersigned, (hereinafter referred to as the “Borrower”), promises to pay to the order of the State of California, Energy Resources Conservation and Development Commission (hereinafter referred to as the “Energy Commission”), at its principal place of business at 1516 Ninth Street, Sacramento, California 95814, or at such other place as the Energy Commission may designate the principal sum of _____________________ dollars ($________) or such lesser amount as shall equal the aggregate amount disbursed to the Borrower by the Energy Commission pursuant to the above-referenced Energy Conservation Assistance Act Loan Agreement (the “Loan Agreement”) between the Borrower and the Energy Commission, together with interest thereon at the rate of ____% per annum on the unpaid principal, computed from the date of each disbursement to the Borrower. Principal, together with interest thereon, is due and payable in semiannual installments as specified in the Estimated Amortization Schedule, attached hereto as Exhibit B, Attachment 1 and as amended in the Final Amortization Schedule, beginning on or before [December 22] of the fiscal year following the year in which the Project is completed and continuing thereafter on each [June 22 and December 22] until said principal and interest shall be paid in full. The Final Amortization Schedule, and any amended Final Amortization Schedule(s), are not attached but are expressly incorporated by reference herein.

2.Payments received will be first applied to billed interest, if any, and the balance, if any, to principal. If all principal is repaid, the balance is applied to accrued interest.

3.Payment of any scheduled installment received within thirty (30) days of the due date shall be considered to have been received on the due date. Interest on the principal portion of the payment accrues through the due date.

4.Payment of any scheduled installment received more than thirty (30) days after the due date shall be considered late. Interest on the principal portion of the payment accrues through the actual date payment is received.

5. The Borrower may prepay this Promissory Note in full or in part, without penalty.

6.In accordance with Section 25415 of the Energy Conservation Assistance Act, the Borrower covenants to take such action as may be necessary to include all payments due hereunder in its annual budget and to make the necessary annual appropriations for all such payments. The obligation of the Borrower to make such payments shall be limited to the savings realized by the Borrower as a result of implementing the Project funded by the Loan.

7.If any installment is not paid within thirty (30) days after its due date, the Energy Commission, at its option, may require the Borrower to pay a late charge equal to five percent (5%) of the amount of the installment or Five Dollars ($5.00), whichever is greater.

8.On the occurrence of any event of default, the Energy Commission, at its sole election and without limiting any of its other legal rights or remedies, may, to the extent permitted by law, ATTACHMENT #3
119

Non-Bond Funded Promissory Note Exhibit B Loan 2022-____ Rev. January 24, 2017 GKLFEB City of Indian Wells

Page 2 of 3 ends

4156-5088-8502.2

declare all or any portion of the principal and accrued interest on this Promissory Note to be immediately due and payable and may proceed at once without further notice to enforce this Promissory Note according to law.

9. Each of the following occurrences shall constitute an event of default:

A. Failure of the Borrower to repay any principal or interest when due under the terms of this Promissory Note;
B. Termination of the Loan Agreement pursuant to the terms thereof or breach by the Borrower of any terms of said Loan Agreement;
C. Failure of the Borrower to undertake in a timely way the express and implied activities for which said Loan Agreement has been executed;
D. Failure of the Borrower to obtain prior written Energy Commission approval before undertaking a change in the scope of the activities for which said Loan Agreement has been executed; or
E. Occurrence of: (1) the Borrower becoming insolvent or bankrupt or being unable or admitting in writing its inability to pay its debts as they mature or making a general assignment for the benefit of or entering into any composition or arrangement with creditors; (2) proceedings for the appointment of a receiver, trustee, or liquidator of the assets of the Borrower or a substantial part thereof, being authorized or instituted by or against the Borrower; or (3) proceedings under any bankruptcy, reorganization, readjustment of debt, insolvency, dissolution, liquidation or other similar law, or any jurisdiction being authorized or instituted against the Borrower.

10. No delay or failure of the Energy Commission in the exercise of any right or remedy hereunder or under any other agreement which secures or is related hereto shall affect any such right or remedy, and no single or partial exercise of any such right or remedy shall preclude any further exercise thereof, and no action taken or omitted by the Energy Commission shall be deemed a waiver of any such right or remedy.

11. Any notice to the Borrower provided for in this Promissory Note shall be given by mailing such notice by certified mail, return receipt requested, addressed to the Borrower at the address stated in the Loan Agreement, or to such other address as the Borrower may designate by notice to the Energy Commission. Any notice to the Energy Commission shall be given by mailing such notice by certified mail, return receipt requested, to the Energy Commission at the address stated in the Loan Agreement, or at such other address as may have been designated by notice to the Borrower.

12. If suit is brought to collect any part of this Promissory Note, the Energy Commission shall be entitled to collect all reasonable costs and expenses of said suit and any appeal therefrom, including reasonable attorney’s fees.

13. This Promissory Note shall be binding upon the Borrower and its permitted successors and assigns and upon the Energy Commission and its permitted successors and assigns. Without the written consent of the Energy Commission, this Promissory Note is not assignable or transferable by the Borrower either in whole or in part. The Energy Commission may assign its rights under this Promissory Note for security purposes, and in such event the assignee of this Promissory 120

Non-Bond Funded Promissory Note Exhibit B Loan 2022-____ Rev. January 24, 2017 GKLFEB City of Indian Wells

Page 3 of 3 ends

4156-5088-8502.2

Note, including the bond trustee of any bonds which may be secured by repayments of this Promissory Note, shall be entitled to enforce the provisions hereof and shall be a third party beneficiary of this Promissory Note.

14. This Promissory Note shall be construed and enforced in accordance with the laws of the State of California.

CITY OF INDIAN WELLS

BORROWER

PRINTED NAME OF AUTHORIZED

REPRESENTATIVE

AUTHORIZED SIGNATURE

TITLE

DATE

121

Estimated Amortization Exhibit B, Attachment 1 Loan 2022-____ Rev. August 1, 2013 GKAFLFMS City of Indian Wells

Page 1 of 1 ends

4156-5088-8502.2

EXHIBIT B
ATTACHMENT 1

ESTIMATED AMORTIZATION SCHEDULE

122

Contacts Exhibit C Loan 2022-____
Rev. August 1, 2013 GKAFLFMS City of Indian Wells

Page 1 of 1 ends

4156-5088-8502.2

EXHIBIT C

CONTACTS
Energy Commission Project Manager:
(Name)
California Energy Commission
1516 Ninth Street, MS - 23
Sacramento, CA 95814
Phone: (916) ___-____
Fax: (916) ___-____
e-mail: _____________
Borrower Project Manager:

Chris Freeland
City Manager
City of Indian Wells
44950 Eldorado Drive
Indian Wells, CA 92210
Phone: (760) 346-2489
Fax: (760) 346-0407
e-mail: [email protected]
Energy Commission Loan Officer:

Gordon Kashiwagi
California Energy Commission
1516 Ninth Street, MS - 18
Sacramento, CA 95814
Phone: (916) 654-5131
Fax: (916) 654-4423
e-mail: [email protected]
Borrower Administrator:

Chris Freeland
City Manager
City of Indian Wells
44950 Eldorado Drive
Indian Wells, CA 92210
Phone: (760) 346-2489
Fax: (760) 346-0407
e-mail: [email protected]
Energy Commission Accounting Officer:

Molly Zhong
California Energy Commission
1516 Ninth Street, MS - 2
Sacramento, CA 95814
Phone: (916) 653-8555
Fax: (916) 653-1435
e-mail: [email protected]
Borrower Accounting Officer:

Kevin McCarthy
City Finance Director
City of Indian Wells
44950 Eldorado Drive
Indian Wells, CA 92210
Phone: (760) 346-2489
Fax: (760) 346-0407
e-mail: [email protected]
Energy Commission Legal Notice:

Rachel Grant Kiley
Grants and Loans Manager
1516 9th Street, MS-18
Sacramento, CA 95814-5512
Phone: (916) 654-4379
Fax: (916) 654-4076
e-mail: [email protected]
123

City of Indian Wells
4/21/2022
44-950 Eldorado Drive,
Indian Wells
File #:RES-016-22 Item #:F.

Indian Wells City Council
Staff Report - Finance April 21, 2022
Resolution Initiating Proceedings and Preliminarily Approving the Annual Levy Report for Indian Wells Street Lighting District No. 2000-1 for Fiscal Year 2022-23
RECOMMENDED ACTIONS:

DISCUSSION:

The City is responsible for levying the annual lighting and maintenance assessment in accordance with the Landscape and Lighting Act of 1972 and Proposition 218.

City of Indian Wells Printed on 4/15/2022Page 1 of 3
powered by Legistar™124

File #:RES-016-22 Item #:F.

The District is located at the southwest corner of Fred Waring Drive and Warner Trail and continues to Blackfoot Drive and Dakota Trail, Arapahoe Vista, and Elkhorn Trail.

The District was originally established by Riverside County to provide street lighting for the area.

The District was reformed by the City in 2000 during annexation. Improvements within the District include the maintenance and operation of, and the furnishing of services for street lighting and facilities.

Council will hold a noticed Public Hearing on Thursday, May 19, 2022, at 1:30 p.m. to hear public testimony on the proposed levy.

FISCAL IMPACT:

The annual levy is $47.74 and has not changed from the prior fiscal year. The City anticipates collecting a total of $1,480 from thirty-one assessed parcels within the District. The City records the revenues into a Special Revenue fund to operate the District. There is no fiscal impact to the General Fund as the annual levy is sufficient to operate the district.

City of Indian Wells Printed on 4/15/2022Page 2 of 3
powered by Legistar™
Street Lighting District 2000-1 Map
125

File #:RES-016-22 Item #:F.

ATTACHMENTS:

1. Resolution - Initiate

2. Resolution - Engineer’s Report
City of Indian Wells Printed on 4/15/2022Page 3 of 3
powered by Legistar™126

RESOLUTION NO. 2022-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN

WELLS, CALIFORNIA, INITIATING PROCEEDINGS FOR ANNUAL

LEVY OF ASSESSMENTS AND DECLARING ITS INTENTION TO

LEVY ANNUAL ASSESSMENTS FOR THE INDIAN WELLS STREET
LIGHTING DISTRICT NO. 2000-1 FOR FISCAL YEAR 2022-23
PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF

THE CALIFORNIA STREETS AND HIGHWAYS CODE
WHEREAS, the City Council has by previous Resolutions formed the Indian Wells Street Lighting District No. 2000-1 (the “District”) pursuant to the provisions of Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (the “Act”), that provides for levy and collection of assessments by the County of Riverside for the City of Indian Wells to pay the maintenance and services of lighting facilities, landscaping and all appurtenant facilities and operations related thereto; and
WHEREAS, the District and the associated assessments are in compliance with the provisions of California Constitution Articles XIIIC and XIIID; and WHEREAS, the City Council has retained Willdan Financial for the purpose of assisting with the Annual Levy of the District and to prepare and file a report with the City Clerk in accordance with the Act.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT PURSUANT TO CHAPTER 3, SECTION 22622, 22624 AND 22626 OF THE ACT, AS FOLLOWS:

SECTION 1. Annual Levy Report. The City Council hereby orders Willdan Financial to prepare the Annual Levy Report concerning the levy of assessments for the District in accordance with Chapter 3, Section 22622 of the Act.

SECTION 2. Intention. The City Council hereby declares that it intends to seek the Annual Levy of the District in accordance with Chapter 3, Section 22624 of the Act, over and including the land within the District boundary and to levy and collect assessments on all such land to pay the costs of the following: the operation, maintenance and servicing of lighting and all appurtenant facilities and operations related thereto. It is proposed that there be no increase in the assessments levied in the prior annual levy.

ATTACHMENT #1
127

City of Indian Wells
Resolution No. 2022-13

Page 2 ends

Indian Wells City CouncilApril 21, 2022

Indian Wells City Council
April 21, 2022