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HomeMy WebLinkAboutCA Records Retention AmendAgenda Item No: 3. b. Meeting Date: July 1, 2013 1 1 Department: CITY ATTORNEY Prepared by: Lisa A. GoldficnkW____ City Manager ApprovalA Assistant City Attorney SUBJECT: A Resolution of the City Council of the City of San Rafael Authorizing Amendments to the Records Retention Schedule and Authorizing Destruction of Certain City Records RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolution, BACKGROUND: In June 2012, the City contracted with Diane Gladwell, of Gladwell Governmental Services, Inc., an expert in local government records, to create an updated and thorough set of schedules for the retention and disposition of the various records managed by City departments. On February 4, 2013, the City Council adopted a comprehensive new Records Retention Schedule for the City, setting policies and procedures for the retention and destruction of the City's public records consistent with state law. The City continues to retain Gladwell Governmental Services, Inc. to assist the City in maintaining the Records Retention Schedule's compliance with state law requirements. ANALYSIS: The adopted Records Retention Schedule is made up of both city-wide and individual departmental retention schedules. The schedules provide clear, specific records descriptions and retention periods, and apply current law and technology to the management of San Rafael's records, including provision for the retention of records in electronic rather than paper format under certain circumstances. The Parking Services Department has requested that the Records Retention Schedule be amended to include an additional type of document (tickets from parking/garage tickets -fees paid) maintained by that department. The proposed resolution would approve that amendment to the Records Retention Schedule. In addition, as it is anticipated that further amendments to the Records Retention Schedule will be required from time to time to add new types of documents or to comply with changes in state law, staff recommends that the Council authorize such future amendments to be made by the City Clerk without FOR CITY CLERK ONLY File No.: q— /'� Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT I Page: 2 further action by the City Council, subject to the written approval of the Department Head and City Attorney. This authorization is also included in the proposed resolution. FISCAL IMPACT: There will be no additional fiscal impact due to the adoption of the proposed resolution. OPTIONS: The City Council may: I . Adopt the Resolution as proposed; or 2. Modify the Resolution; 3. Decline to adopt the Resolution. ACTION REQUIRED: Adopt the attached Resolution. ATTACHMENT: Proposed Resolution with attached amended Records Retention Schedule for Parking Services RESOLUTION NO. 13558 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING AMENDMENTS TO THE RECORDS RETENTION SCHEDULE AND AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS WHEREAS, the various departments of the City of San Rafael accumulate and store voluminous public records related to the conduct of the City's business; and WHEREAS, Section 34090 of the California Government Code provides authority and conditions for the lawful and orderly destruction of City records that are no longer required for public purposes; and WHEREAS, on February 4, 2013, the City Council adopted Resolution No. 13483 adopting a comprehensive Records Retention Schedule for the City of San Rafael, with standards for the retention and destruction of the City's public records; and WHEREAS, a recent change to State law governing the standards for retention of public records of the City's Parking Services Department requires an amendment to the Records Retention Schedule; and WHEREAS, the City Council wishes to facilitate the timely updating of the City's Records Retention Schedule in the future as further changes in State records retention laws occur. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael as follows: 1. The City's Records Retention Schedule adopted by Resolution No. 13483 is hereby amended by amending the Parking Services Records Retention Schedule as shown on Exhibit A attached hereto and incorporated herein by this reference. 2. Future amendments to the Records Retention Schedule may be made by the City Clerk without further action by the City Council, subject to the written approval of the Department Head and the City Attorney. 3. The records of the City of San Rafael are hereby authorized to be destroyed as provided by Section 3�090 et seq. of the California Government Code and in I — accordance with the provisions of the approved Records Retention Schedule, and any amendments authorized herein, upon the request of the Department Head and with the consent in writing of the City Attorney, without further action by the City Council. 4. This resolution shall become effective immediately upon its passage and adoption. 1, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the I st day of July, 2013, by the following vote, to wit: AYES: Councilmembers: Connolly, Heller, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin 9 ESTHER C. BEIRNE, City Clerk C:) CL C-4 0 ca LL m CS), CD I a) r cl) E cm E q (D > (D o 0, (COO .0 C: Im C, ch O) O4 0 Cl) CD co cm V a) 'o U ca cmCl) i a) to) m Co cy 10OC�- a) Q m rL ) o a. w 4) 0 Q CL E U) PZ ZZ CL a- IL .2 CL m C', 0 0 r---------- .0 o 1 C13 M > o cf) 0 0 0 (D a) C\l LO Ns (D C\j + 0 W 0 C) (D (D > i cc Mi C14 C I C\l ul C/) W U) > 0 4— cc C Crj ca M —I—CL 70 0) -a c (n (n - 0 to �) , 0 :t-- !S2 O a) E M`CL 0 iy Q a) a) CL CL 2 Lfl) cy) 0) cn U, ull z3 N 0 2 n CL m m 0 c 0E Cl) C? C) 0 z 0 ry Z5 LL. "0 0 : u) C;) C.) 0) (1) 0 C) : (n (D C: L) 0 LL Cu 5 > 0 0 a) 1 L CL M u): CL co 51 L C:) CL C-4 0 ca LL m CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. —26 , DATE OF MEETING: July 1, 2013 FROM: Lisa A. Goldfien DEPARTMENT: City Attorney's Office DATE: June 25, 2013 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING AMENDMENTS TO THE RECORDS RETENTION SCHEDULE AND AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS. Department Head (signatbre) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (signature) F.-UNWOM APPROVED AS TO FORM: L j4 &Ez�i City Attorney (signatu(ia) I P,