CITY COUNCIL STAFF REPORT
February 20, 2024 {{section.number}}d
ADOPTION OF "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORONADO,
CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN DEPARTMENTAL RECORDS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 34090 AND IN ACCORDANCE WITH THE CITY'S 2009 ADOPTED RECORDS RETENTION SCHEDULE" RECOMMENDATION:
Adopt "A Resolution of the City Council of the City of Coronado, California, Authorizing the Destruction of Certain Departmental Records Pursuant to California Government Code Section 34090 and in Accordance with the City's 2009 Adopted Records Retention Schedule" BACKGROUND:
A records retention schedule for the City of Coronado was adopted by the City Council on April 15, 2003, and amended in 2006 and 2009. The retention schedule, in accordance with State of California Government Code § 34090, permits the destruction of certain City records which are no longer required for the effective operation of the City, provided there is the approval of the City Council by resolution, written consent of the City Attorney, and the written consent of the department director. Authority to destroy records is provided by the following:
Government Code § 34090
Unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the city attorney, the head of a city department may destroy any city record, document, instrument, book, or paper, under the department head’s charge, without making a copy thereof, after the same is no longer required. This section does not authorize the destruction of:
(a) Records affecting the title to real property or liens thereon. (b) Court records.
(c) Records required to be kept by statute.
(d) Records less than two years old.
(e) The minutes, ordinances, or resolutions of the legislative body or of a city board or commission.
ANALYSIS:
During normal maintenance and management of City records, the following departments have identified records that have exceeded the retention schedule: Administrative Services, City Clerk’s Office, Community Development, City Manager’s Office, Fire Services, Library Services, Police Services, Public Services and Engineering, and Recreation and Golf Services. Lists have been prepared by each department that identifies the records to be destroyed by record type, date, and retention period as listed in the 2009 City of Coronado Records Retention Schedule. Records subject to "Litigation Hold" are exempt from the lists. These lists are included as Exhibit A of the attached Resolution. Each department director and the City Attorney have reviewed the records for historical value and for compliance with the established retention requirements, and consent to their destruction.
Pursuant to California Government Code § 34090, it is believed that these records do not have a lasting administrative, legal, fiscal, historical, or research value. The records identified are more than two years old, do not affect the title to real property or potential claim or litigation, are not required to be kept further by a statute, and are no longer required for the effective operation of the City. A copy of the City’s 2009 Adopted Records Retention Schedule is available for review in the Office of the City Clerk.
FISCAL IMPACT:
For Fiscal Year 2023-24, the City Clerk’s Office has a budgeted amount of $2,000 for document shredding.
ALTERNATIVE:
The City Council may identify specific records to exclude from annual destruction.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
Not Applicable.
PUBLIC NOTICE:
No notice required.
ATTACHMENTS:
1. Resolution No. 2024-08
Submitted By: City Clerk's Office / Kelsea Holian