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TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Mayra Ochiqui, City Clerk
SUBJECT: Consideration and possible action to adopt Resolution No. 24-03 – A Resolution authorizing the destruction of obsolete records from all City Departments.
DATE: February 12, 2024
EXECUTIVE SUMMARY
On November 27, 2023, the City Council adopted Resolution No. 23-46, updating the City’s Retention Schedule and establishing the criteria and procedures for the destruction of obsolete records.
If adopted, Resolution No. 24-03 (“Resolution”) will authorize the destruction of obsolete records from all City Departments, as listed on Exhibit A of the Resolution.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 24-03; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The cost of destruction of records is $17.13 per cubic foot (Retrieval: $6.80; Destruction: $10.33). This Resolution includes a proposed destruction of 89 boxes of obsolete records (approximately 106.8 total cubic feet). The cost to destroy the obsolete records identified in Resolution No. 24-03 will be approximately $1,829.48 to be paid from Records Destruction Account No. 010-43610-1200.
DISCUSSION
On November 27, 2023, the City Council adopted Resolution No. 23-46, updating the City’s Retention Schedule and establishing the criteria and procedures for the destruction of obsolete records. Obsolete records must be destroyed on a routine and periodic basis in order to maintain the efficient operation of the City and save on record storage expenses.
1 Staff Report – Destruction of Obsolete Records
February 12, 2024
DISCUSSION – Continued
Resolution No. 24-03 is based on the policies and procedures in place and, if adopted, will authorize the destruction of 89 boxes of obsolete records from all City Departments as listed on Exhibit A of the Resolution. If approved, this destruction will bring all identified and catalogued citywide records under compliance with the City’s adopted Retention Schedule and Records Management Program.
ATTACHMENT
Resolution No. 24-03....................................................................................................... 3
2 CITY OF BELLFLOWER
RESOLUTION NO. 24-03
A RESOLUTION AUTHORIZING THE DESTRUCTION OF
OBSOLETE RECORDS FROM ALL CITY DEPARTMENTS
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The City Council finds and declares as follows:
A. Keeping and maintaining public records that are unnecessary or duplicative results in the consumption of significant public resources including money, time, and space;
B. Government Code §§ 34090, et seq. and the City’s Records Retention Schedule (Resolution No. 23-46) establish methods by which the City may approve the destruction of unneeded documents; and
C. It is in the public interest to reduce the City’s cost for storing documents while, at the same time, ensuring that the City preserves those records that are required to conduct City business.
SECTION 2. Factual Findings. As used in this Resolution, “record” has the same definition as set forth in Government Code § 6252.
SECTION 3. Pursuant to Government Code § 34090 and the City’s Records Retention Schedule (Resolution No. 23-46), the City Council approves the destruction of those records listed in the attached Exhibit “A,” which is incorporated by reference, and authorizes the City Clerk to destroy such records.
SECTION 4. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 5. Upon destroying any documents in accord with this Resolution, the City Clerk is directed to complete a certificate verifying the destruction of such records and file the certificate with the City’s official records.
SECTION 6. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts were made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
City of Bellflower
Resolution No. 24-03
SECTION 7. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.
The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 8. Construction. This Resolution must be broadly construed to achieve the purposes stated in this Resolution . It is the City Council’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.
SECTION 9. Severability. If any part of this Resolution or its Application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 10. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 11. The Mayor, or presiding officer, is authorized to affix its signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or its duly appointed deputy, is directed to attest.
SECTION 12. Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 12TH DAY OF FEBRUARY 2024.
___________________________
Dan Koops, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
KARL H. BERGER, City Attorney
By: ________________________________
Solange Fortenbach, Deputy City Attorney
ATTACHMENT:
Exhibit A – Obsolete Records Authorized for Destruction
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