DATE:
May 13, 2025
CATEGORY:
Consent
DEPT.:
City Clerk’s Office
TITLE: Amend City Council Policy A-9,
Preservation and Destruction of City
Records
RECOMMENDATION
Adopt a Resolution of the City Council of the City of Mountain View Amending City Council Policy A-9, Preservation and Destruction of City Records, to Implement a Trusted System, to be read in title only, further reading waived (Attachment 1 to the Council report).
BACKGROUND
Staff seeks to implement a system for record preservation in electronic format, also known as a “Trusted System,” and as further described by California Government Code Sections 34090.5 and 12168.7. This will allow official City records to be stored electronically and permit the destruction of the corresponding hard copy records.
A Trusted System ensures that documents are maintained as authentic, unalterable copies of the originals, thereby preserving the integrity of electronic records in compliance with S tate Law.
Implementing such a system will support efficient paperless processes and reduce material consumption.
ANALYSIS
It is standard practice for California cities to authorize the destruction of records that have exceeded their retention period as authorized by a legislative body approved retention schedule. The City Council last adopted an update to the City’s Record Retention Schedule on December 17, 2024
.
Many of the City’s official records are kept in paper/physical format, the storage of which is costly, slows document retrieval, and is often unnecessary to keep in paper/physical format for the ongoing operations of the City. State Law allows for such records to be destroyed prior to their applicable retention period if the record is reproduced in an alternative media format, such as kept electronically in a digital storage system or in a cloud -based system and complies with State Law requirements and standards for such reproduction.
Amend City Council Policy A-9, Preservation and Destruction of City Records May 13, 2025
Historically, the City’s Electronic Data Management System (EDMS), Laserfiche, has been used for records storage and accessibility; however, it lacked the ancillary tools required to meet the security standards and requirements of a Trusted System. The City Clerk’s Office collaborated with Information Technology (IT) staff to acquire the necessary equipment to meet compliance standards. The equipment was purchased through the City’s current vendor, ECS Imaging, in September 2024. All electronic records will be stored on -premises on two mirrored storage systems at different physical locations that meet applicable security protocols.
To advance to the next phase of the project, a policy must be adopted with guidelines identifying appropriate procedures for electronic record reproduction, storage, and classification. The amended City Council Policy A- 09, Preservation and Destruction of City Records ( Exhibit A of Attachment 1, and as marked in Attachment 2 ) establishes the City’s Trusted System for managing electronic records where those records are intended to serve as the official records, enabling the destruction of the corresponding paper records. The amended Policy sets forth the required standards for the Trusted System as set forth in California Government Code Section 12168.7 and Title 2, Division 7, Chapter 15 of the California Code of Regulations. This policy update has been drafted to align with existing legal and regulatory standards , as referenced above, and, as such, is not subject to discretionary modification by the City Council, which is why it did not go before the Council Policy and Procedures Committee.
FISCAL IMPACT
The installation and configuration of hardware systems to meet the requirements for a California Trusted System cost $120,000. This was funded with Limited Period funds from the IT Department’s Fiscal Year 2023–24 budget.
The ongoing annual expense of $16,000 is supported by an adjustment to IT’s annual operating budget, which also took effect in Fiscal Year 2023-24. Funding for future annual fees will be recommended as part of the regular budget process.
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 $500 from a party, participant, or agent of a party or participant within the last 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more Amend City Council Policy A-9, Preservation and Destruction of City Records May 13, 2025
information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to- play-limits-and-prohibitions.html
Please see below for information about whether the recommended action for this agenda item is subject to or exempt from the Levine Act.
EXEMPT FROM THE LEVINE ACT
☒ General policy and legislative actions
ALTERNATIVES
1. Do not adopt a resolution amending City Council Policy A-09.
2. Provide other direction.
PUBLIC NOTICING—Agenda posting.
Prepared by:
Merry Monlux
Assistant City Clerk
Heather Glaser
City Clerk
Approved by:
Audrey Seymour Ramberg
Assistant City Manager
MM-HG/4/CAM
430-05-13-25CR
205108
Attachments: 1. Resolution
2. Amended Policy A-9 (redline)