STAFF REPORT
Meeting Date:
February 10, 2026
CONSENT
3 SUBJECT: ANNUAL UPDATE OF THE CITY’S RECORDS RETENTION SCHEDULE RECOMMENDATION: It is recommended that the City Council:
1. Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, UPDATING THE CITY’S RECORDS RETENTION
SCHEDULE, AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS, AND RESCINDING RESOLUTION NO. 25.006”; and
2. Find the action is not a “project” within the meaning of the California Environment Quality Act under Public Resources Code Section 21065.
SUMMARY OF THE MATTER
The City is upgrading its records management program, which includes updating the records retention schedule every year after new laws are passed by the State and Federal governments. City staff has prepared a City Council resolution updating the City’s Records Retention Schedule, authorizing destruction of certain documents, and rescinding the City Council’s existing resolution establishing a records retention schedule (Attachment 2). The adoption of this resolution and Records Retention Schedule will result in efficiency gains and cost savings.
DISCUSSION
A. Background
California law establishes a comprehensive framework for records retention by local agencies, primarily governed by statutes that set minimum retention periods and authorize destruction procedures. Government Code Section 34090 establishes the baseline retention period for local agency records. It permits department heads to destroy records1 with approval of the legislative body and consent of the city attorney, without copying the records, after they are no longer required, subject to specified exceptions. (Gov. Code Section 34090.) Records regarding real property title and liens, and court records, and minutes, ordinances and resolutions must be retained indefinitely. (Id.) Records subject to other statutory retention requirements must be kept in accordance with those requirements. (Id.) All other records subject to the statute must be kept for two years. (Id.)
1 The Attorney General has opined that a “record” within the meaning of the state records retention law is properly defined as “a thing which constitutes an objective lasting indication of a writing, event or other information, which is in the custody of a public officer and is kept either (1) because a law requires it to be kept or (2) because it is necessary or convenient to the discharge of the public officer's duties and was made or retained for the purpose of preserving its informational content for future reference.” (64 Ops.Cal.Atty.Gen. 317 (1981); 64 Ops. Atty Gen. 435 (1981).)
ANNUAL UPDATE OF THE CITY’S RECORDS RETENTION SCHEDULE
February 10, 2026
City records custodians may destroy original city records without legislative body approval or city attorney consent if the records are accurately and legibly duplicated in a trusted medium that does not permit additions, deletions, or changes to the original document and is as accessible to the public as the original records were (Gov. Code Section 34090.5). City department heads may also destroy recordings of routine video monitoring3, as defined, after one year, and recordings of telephone and radio communications4, as defined, after 100 days, upon legislative body approval and agency attorney consent, except that records that are evidence in any claim filed or pending litigation must be preserved until the claim or litigation is resolved (Gov. Code Section 34090.6).
City legislative bodies may establish procedures for destroying duplicate records less than two years old (Gov. Code Section 34090.7). For video recording media (including routine video monitoring), a duplicate exists if the city keeps another record (even if in a different form such as written minutes or an audio record) of the same event that is recorded in the video; however, the video must not be destroyed for at least 90 days after the occurrence of the event recorded by video (even if a different form of the event such as written minutes or an audio recording exist).
B. Updating the City’s Records Retention Schedule
To assist with the City’s annual records retention update, the City hired Gladwell Governmental Services, Inc. (“GGS”), an expert in local government records, which has been providing support and annual updates to the City’s records retention schedules for many years. See Attachment 1 for a summary of this year’s revisions. Given that some items on the Records Retention Schedule identify that the City can retain the records until they are no longer needed, City staff intends to bring back a policy question at a future meeting to provide guidance on the length of retention of such records.
City staff has prepared a City Council resolution updating the City’s Records Retention Schedule and authorizing destruction of certain documents (Attachment 2). The proposed City Council resolution authorizes destruction of records with written approval of the Department Head, City Attorney, City Clerk, and City Manager without returning to the City Council for additional approval. This is in line with best practices as it affords checks and balances on the proposed destruction and results in efficiencies. The authorization forms for destruction of records are retained by the City Clerk’s Office and are accessible to the public. The proposed City Council resolution also authorizes updates to the Records Retention Schedule with written approval of the Department Head, City Attorney, City Clerk, and City Manager without returning to the City Council for approval. This practice will save time and money by allowing the City to carry out routine duties without returning to a City Council meeting for approval and affords checks and balances on any proposed update. GGS reports that 80% of the over 200 cities in California they support 3 “Routine video monitoring” means video recording by a video or electronic imaging system designed to record the regular and ongoing operations of the departments described in subdivision (a), including mobile in-car video systems, jail observation and monitoring systems, and building security recording systems. (Gov. Code § 34090.6(c).) 4 “Recordings of telephone and radio communications” means the routine daily recording of telephone communications to and from a city, city and county, or department, and all radio communications relating to the operations of the departments. (Gov.
Code § 34090.6(b).)
ANNUAL UPDATE OF THE CITY’S RECORDS RETENTION SCHEDULE
February 10, 2026
are approving the changes in records retention schedules in a like manner, saving time and money for the organization.
FINANCIAL ANALYSIS
GCS services are already budgeted; therefore, the recommended action has no financial impact to the budget.
ENVIRONMENTAL ANALYSIS
The recommended action consists of organizational or administrative activities of the City that will not result in a direct or indirect physical change in the environment and therefore does not constitute a “project” within the meaning of the California Environmental Quality Act (Public Resources Code Section 21065).
ATTACHMENTS
1. Summary of Revisions to Retention Schedules (Pgs. 4-7)
2. Resolution updating the City’s Records Retention Schedule (Pgs. 8-104) Submitted By: Ann Marie McKay Approved: .David A Kiff
Ann Marie McKay, City Clerk Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Ann Marie McKay, City Clerk Jane Abzug, Assistant City Attorney