DATE:
December 17, 2024
CATEGORY:
Consent
DEPT.:
City Clerk’s Office
TITLE: City Records Retention Schedule Update
RECOMMENDATION
Adopt a Resolution of the City Council of the City of Mountain View Amending the City’s Records Retention Schedules and Rescinding Resolution No. 18803, to be read in title only, further reading waived (Attachment 1 to the Council report).
BACKGROUND
California Government Code Section 34090 allows for the destruction of City records after the records are no longer required and after specified time periods with the approval of the legislative body by resolution and the written consent of the City Attorney. The establishment of a records retention schedule provides the legal authority for a public agency to manage its records without having to come back to the City Council to seek authorization for destruction of individual records.
The City’s Records Retention Schedules were last updated on May 23, 2023. Since this adoption, there have been significant changes to retention laws and best practices as identified by the City’s records consultant.
ANALYSIS
The City Clerk’s Office contracts with Gladwell Governmental Services, Inc., an expert in local government records, to assist in the review and update of the City’s records retention schedules.
Annual reviews are performed to reduce current and future records storage costs, eliminate duplication of effort, increase efficiency, take advantage of current technology as it may be implemented, and ensure compliance with recent changes in law.
The amended Records Retention Schedules, as reflected in Exhibit A of Attachment 1 and as marked in Attachment 2, incorporate recommendations made by the consultant and staff. The retention periods are in compliance with all laws and have been reviewed by the City Attorney’s Office.
City Records Retention Schedule Update
December 17, 2024
FISCAL IMPACT
There is no fiscal impact.
LEVINE ACT
California Government Code Section 84308 (also known as the Levine Act) prohibits city officials from participating in any proceeding involving a “license, permit, or other entitlement for use” if the official has received a campaign contribution exceeding $250 from a party, participant, or agent of a party or participant in the proceeding within the last 12 months. A city official is similarly prohibited from accepting, soliciting, or directing a campaign contribution exceeding $250 from a party, particip ant, or agent of a party or participant to any proceeding involving a license, permit, or other entitlement for use for 12 months after a final decision is rendered in said proceeding.
Please refer to the “X” in the checklist below for information about whether the recommended action for this agenda item is subject to or exempt from the Levine Act.
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract
___ Labor or personal employment contract
_X_ General policy and legislative actions
For more information about the Levine Act, please see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html.
ALTERNATIVES
1. Do not update the Records Retention Schedules and continue to use the current schedules.
2. Provide other direction.
City Records Retention Schedule Update
December 17, 2024
PUBLIC NOTICING—Agenda posting.
Prepared by:
Merry Monlux
Assistant City Clerk
Reviewed by:
Heather Glaser
City Clerk
Approved by:
Audrey Seymour Ramberg
Assistant City Manager
MM-HG/4/CAM
430-12-17-24CR
204632
Attachments: 1. Resolution with Exhibit A
2. Amended Record Retention Schedules (marked)