CC 2020-11-24_08g Records Retention Schedule UpdateMEMORANDUM
TO: CITY COUNCIL
FROM: KELLY WETMORE, DIRECTOR OF LEGISLATIVE AND INFORMATION
SERVICES/CITY CLERK
SUBJECT: CONSIDERATION OF MODIFICATIONS TO THE CITYWIDE RECORDS
RETENTION SCHEDULE
DATE: NOVEMBER 24, 2020
SUMMARY OF ACTION:
Adoption of a modified Citywide Records Retention Schedule to reflect the City’s current
organizational structure and changes in State law.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no direct impact on financial and personnel resources as a result of the
recommended action. The cost of the comprehensive update to the Citywide Records
Retention Schedule was $1,500 and was included in the City Clerk Division’s FY 2018-
19 contractual services budget. The City will continue to realize significant savings both
in reduced labor and storage expenses associated with ongoing records maintenance
and appropriate records destruction established through the modified comprehensive
Records Retention Schedule.
RECOMMENDATION:
It is recommended the City Council adopt a Resolution approving a modified Citywide
Records Retention Schedule and authorizing the destruction of certain City records.
BACKGROUND:
In January 2009, the City selected Gladwell Governmental Services, Inc., an expert in
local government records, to assist in the development of a comprehensive Citywide
Records Management Program (“Program”) which included the creation of a
comprehensive Citywide Records Retention Schedule. The purpose of the Program is to
apply efficient and economical methods to the creation, utilization, maintenance,
retention, preservation, and disposal of all City records, consistent with all relevant legal
requirements. At its January 27, 2009 meeting, the City Council adopted a Resolution
approving the Citywide Records Retention Schedule and authorizing destruction of
certain City records.
In 2011, in consultation with Gladwell Governmental Services, staff conducted a
comprehensive review and update of the Citywide Records Retention Schedule to reflect
Item 8.g. - Page 1
CITY COUNCIL
CONSIDERATION OF MODIFICATIONS TO THE CITYWIDE RECORDS RETENTION
SCHEDULE
NOVEMBER 24, 2020
PAGE 2
organizational changes that occurred as a result of a major restructuring of City
departments that became effective with the adoption of the Fiscal Year 2009-10 Budget.
On October 11, 2011, the Council adopted a Resolution approving a modified Citywide
Records Retention Schedule to reflect the substantive organizational changes that
occurred, as well as other updates reflective of changes in State law. In May 2019, the
City entered into a new agreement with Gladwell Governmental Services to perform a
comprehensive update of the Citywide Records Retention Schedule.
ANALYSIS OF ISSUES:
Since the update of the Citywide Records Retention Schedule in 2011, the City has
experienced further restructuring of City departments which has resulted in a need to
again substantially modify the Citywide Records Retention Schedule to reflect the current
organizational structure. The Council had authorized the City Clerk, in consultation with
the City’s records management consultant, City Manager, and City Attorney, to review
State and Federal regulations on an annual basis and to update the Schedule, as
appropriate, based on changes in the law. However, staff believes that the substantial
modifications needed to the functional layout and organization of the Schedule, in
combination with the length of time since the last legal review and update to reflect
changes in State law, warrants Council review and consideration, and should be adopted
again by Resolution.
There have been various updates in State law and technology regarding the management
and disposition of records. Therefore, the Schedule was reviewed in depth to ensure that
it provides clear, specific records descriptions and retention periods. The review and
update process included individual meetings with staff from each department and several
revisions of each retention schedule to ensure the records were identified and presented
in an easy-to-use, accurate, and complete manner.
Substantive changes include the physical reorganization of retention schedules to
correctly reflect the various Divisions under each Department. For example, the former
Recreation and Maintenance Services Department (which included Facilities, Fleet,
Recreation/Childcare, Streets, and Utilities Divisions) has been reorganized and renamed
as two separate Departments to reflect the current Public Works Department and the
Recreation Services Department. In addition, administration of Capital Improvement
Projects was transferred from the Community Development Department to the Public
Works Department; therefore, records relating to Capital Improvement Projects were
relocated from the Community Development Department retention schedule to the Public
Works Department retention schedule. Other changes, including addition or deletion of
specific records and updates to Code citations or retention periods, were made
throughout each Department’s retention schedule in accordance with State law.
The appropriate Department Records Representative, Department Director, City Clerk,
City Manager, and the City Attorney have reviewed and approved the proposed
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CITY COUNCIL
CONSIDERATION OF MODIFICATIONS TO THE CITYWIDE RECORDS RETENTION
SCHEDULE
NOVEMBER 24, 2020
PAGE 3
modifications to the Retention Schedules, which are on file at City Hall in the City Clerk’s
office for public review, but not attached due to the consultant’s copyright constraints.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Resolution approving the modified Records Retention Schedule;
2. Modify records retention periods and adopt the Resolution; or
3. Provide direction to staff.
ADVANTAGES:
By updating the Citywide Records Retention Schedule, it will reflect the current
organizational structure and responsibility for the maintenance and disposition of City
records, as well as provide legal updates that have occurred regarding the retention and
disposition of City records.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
- Citywide Records Retention Schedule is on file at City Hall in the City Clerk’s office
for public review
Item 8.g. - Page 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A MODIFIED CITYWIDE
RECORDS RETENTION SCHEDULE AND AUTHORIZING
DESTRUCTION OF CERTAIN CITY RECORDS
WHEREAS, the State of California has adopted guidelines for retention periods for
various government records; and
WHEREAS, on January 27, 2009, the City Council adopted a comprehensive Citywide
Records Retention Schedule, which standardizes the length of time records are kept
according to all applicable legal, fiscal, administrative and historic requirements; and
WHEREAS, on October 11, 2011, the Council adopted a modified Citywide Records
Retention Schedule as a result of a result of a major restructuring of City departments
that occurred effective July 1, 2009; and
WHEREAS, since 2011, there has been additional restructuring of City departments
and there have also been updates in State and Federal laws regarding the retention and
disposition of various government records; and
WHEREAS, the Citywide Records Retention Schedule has been reviewed and
substantially modified to reflect the organizational changes and legal updates that have
occurred since 2011; and
WHEREAS, Section 34090 of the Government Code of the State of California
establishes a procedure whereby any City record which has served its purpose and is
no longer required may be destroyed, subject to approval by the City Attorney and the
City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES RESOLVE AS FOLLOWS:
1. The modified Records Retention Schedule, dated November 24, 2020, a copy of
which is permanently on file in the Legislative and Information Services
Department and is incorporated herein by this reference as though set forth in
full, is hereby approved and adopted.
2. The records set forth in the Records Retention Schedule are hereby authorized
to be destroyed as provided by Government Code Sections 34090 et seq. and in
accordance with the provisions of said retention schedule, upon the written
request of the Department Director, review and approval by the City Attorney,
and the written consent of the City Clerk, without further action by the City
Council.
Item 8.g. - Page 4
RESOLUTION NO.
PAGE 2
3. The City Council does hereby direct the City Clerk, in consultation with the City
Manager and City Attorney, to review State and Federal regulations annually and
to update the Records Retention Schedule, as determined to be necessary and
appropriate.
4. The term “records” as used herein shall include records in all its forms as defined
by the California Public Records Act (Government Code Sections 6250 et seq.),
as amended from time to time.
5. The City Clerk shall certify to the passage and adoption of this Resolution and
enter it into the book of original Resolutions.
6. This Resolution shall become effective immediately upon its passage and
adoption.
On motion by Council Member _________, seconded by Council Member _________,
and by the following roll call vote, to wit:
AYES:
NOES:
ABSTAIN:
the foregoing Resolution was adopted on this 24th day of November, 2020.
Item 8.g. - Page 5
RESOLUTION NO.
PAGE 3
CAREN RAY RUSSOM, MAYOR
ATTEST:
______________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________
WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.g. - Page 6