ATTACHMENT 1
RESOLUTION NO. ___________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK AMENDING THE CITYWIDE RECORDS
RETENTION SCHEDULE FOR CITY RECORDS AS
PROVIDED BY SECTION 34090 ET SEQ. OF THE
CALIFORNIA GOVERNMENT CODE
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. The City of Burbank Records Management Program was adopted in 1971 for the purpose of maintaining, utilizing, retaining, preserving, and disposing of City records in a lawful and organized manner. As part of that program, records retention schedules were adopted and implemented, however, they have only infrequently been updated, most recently in 2011, 2019, and 2021.
B. Best practices in record keeping dictate that the R ecords Retention Schedule (RRS) should be comprehensively reviewed and revised as needed to address new technological changes and legal requirements. Updating the RRS at this time will provide greater efficiency and transparency in the Records Management Program. Despite the City’s limited space and resources for the storage of records, the volume of records being stored under the current RRS continues to increase and significantly overburden the limited resources available to this program.
C. With few exceptions, California Government Code Section 34090 provides that city records that are no longer needed may be destroyed after two years but no sooner.
There are many circumstances, however, that support a need to retain numerous records for more than two years. For that reason, it is important to maintain records retention schedules that suit the needs of the City.
D. City records may be destroyed with the written consent of the City Attor ney and with the approval of the City Council, which approval may be given by adoption of a retention schedule via resolution, which the Council did when adopting the most recent RRS. This is considered a best practice since records can be destroyed on an as-needed basis throughout the year.
E. City staff, all departments, and a records management consultant hired by the City have reviewed the current retention schedule and participated in the proposed revisions. The revised RRS provides clear and specific records descriptions and retention periods and is consistent with applicable laws.
F. Burbank previously adopted Resolution No. 21 -29,270, approving the current RRS.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. Resolution No. 21-29,270 is hereby rescinded.
2. The RRS , attached as Exhibit A and incorporated by this reference, is hereby approved. The City Clerk or their designee is authorized to make any non- substantive changes to finalize and implement the approved RRS.
3. City records shall be retained for the minimum periods listed in the RRS until approved for destruction in accordance with this resolution.
4. City records as set forth in the RRS are hereby authorized to be destroyed in accordance with the provision of the RRS upon the request of the Department Director or designee, and with the consent in writing of the City Attorney and the City Clerk, or their designee.
PASSED and ADOPTED this _____ day of April, 2024.
__________________________
Nick Schultz
Mayor
Attest: Approved as to Form:
Office of the City Attorney
________________________ By: _______________________ Kimberley Clark, City Clerk Kane Thuyen
Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by a vote of the Council of the City of Burbank at its regular meeting held on the _ ____ day of April , 2024, by the following vote:
AYES:
NOES:
ABSENT:
__________________________
Kimberley Clark, City Clerk
EXHIBIT A
WILL BE A CLEAN VERSION OF ATTACHMENT 2