REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution to Update the Citywide Records Retention and Destruction Schedule to Align with Current Business Practice and Statutes
Report
BACKGROUND
In February 2010, Council adopted Resolution No. 420-10 establishing a Citywide Records Retention and Destruction Policy and Schedule that provides guidelines for an effective and economical records management program (RTC No. 10-040). The Records Retention Schedule (RRS) is a compilation of citywide record series and their established retention periods in compliance with various federal, state and local statutes. An adopted RRS provides legal authority for the City to dispose of official public records once they have reached the end of their established retention period.
The Citywide RRS is reviewed, amended and updated whenever change(s) occur that impact the keeping or disposing of City’s records. The RRS was last updated in December 2024 (RTC No. 24-1129).
EXISTING POLICY
Administrative Policy Chapter 5, Information Management, Article 5 Records Management
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
DISCUSSION
The RRS has been reviewed and updates to retention periods are proposed to align with current business practices and statutes. Records coordinators from each department provided input on department specific records. Staff consulted the Office of the City Attorney to ensure the RRS complies with government records retention regulations. City Council action to adopt a resolution (Attachment 1) revising the RRS as described is required to implement the modified Schedule. A redlined copy of the changes to the RRS is included as part of Attachment 1 for reference. The specific changes to the RSS are outlined in Attachment 2.
FISCAL IMPACT
Storage of inactive and expired records is inefficient and costly. Revising the RRS will continue to result in long-term cost savings with the reduction of records stored internally and externally at off-site storage facilities.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Adopt a Resolution to update the Citywide Records Retention and Destruction Schedule.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
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
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: David Carnahan, City Clerk
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Resolution to Update the Citywide Records Retention and Destruction Schedule, (Exhibit “A” “Records Retention and Destruction Schedule”)
2. Updated Record Series