Resolution - 2020-114RESOLUTION NO.2020-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA AUTHORIZING THE
DESTRUCTION OF RECORDS PURSUANT TO THE
CALIFORNIA GOVERNMENT CODE
WHEREAS, the maintenance ofnumerous records is expensive, slows document retrieval,
and is not necessary after a certain period of time for the effective and efficient operation ofthe
government of the City of West Covina; and
WHEREAS, Section 34090 of the California Government Code provides that, with the
approval ofthe City Council by resolution and the written consent ofthe City Attorney, the head
of a City department may destroy certain city records, documents, instruments, books or papers
under the Department Head's charge, without making a copy, if the records are no longer needed;
and
WHEREAS, on March 20, 2018, the City Council adopted Resolution No. 2018-22,
adopting a revised Records Retention Schedule that establishes retention periods for City records
and provides for the systematic destruction of obsolete records; and
WHEREAS, Section 34090.5 of the California Government Code allows a City officer
having custody of public records, documents, instruments, books, and papers to destroy those
records, documents, instruments, books, and papers without the approval ofthe City Council or
the written consent ofthe City Attorney if certain conditions are complied with; and
WHEREAS, each City Department Head has reviewed the City's Records Retention
Schedule, and agrees to only destroy records that are no longer required, in strict compliance with
the retention periods set forth in the City's Records Retention Schedule and the requirements of
Section 34090.5 ofthe California Government Code; and
WHEREAS, each City Department Head agrees to only destroy records that do not affect
the title to real property or liens thereon, are not court records, are not documents relating to capital
crones, embezzlement of public funds, bribery of public officials, reports involving City
employees or any prisoner arrest files or child abuse reports, unless otherwise permitted by the
Records Retention Schedule or State law; and
WHEREAS, each City Department Head agrees to not destroy any records that are, to
his/her knowledge, required to be kept further by statute, or are the original minutes, ordinances
or resolutions ofthe City Council or of any City Board or Commission, or are required to be kept
further by the City; and
WHEREAS, it is understood that each City Department shall periodically prepare a list of
those records to be destroyed pursuant to the City's Records Retention Schedule and the City Clerk
shall prepare a Certificate of Destruction to be kept in the permanent file; and
WHEREAS, it is understood that the office of the City Attorney will be consulted
concerning specific records retention requirements when there is a City record for which no
reference in the City's Records Retention Schedule seems to apply.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby authorizes the destruction of records no longer
required, provided that such destruction is in strict compliance with the City of West Covina's
Records Retention Schedule and the requirements of Section 34090.5 of the California
Government Code, without further approval by the City Council, and upon written approval by the
City Attorney.
SECTION 2. All resolutions and parts of resolutions in conflict herewith are hereby
rescinded.
SECTION 3. The City Clerk shall certify to the passage and adoption ofthis resolution
and enter it into the book of original resolutions and it shall become effective immediately.
APPROVED AND ADOPTED this 1st day of
APPROVE TO FORM
Thomas . litfaite
City Attorney
ATTEST
Lisa S r c
Assis City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, do
hereby certify that the foregoing Resolution No. 2020-114 was duly adopted by the City
Council of the City of West Covina, California, at a regular meeting thereof on the 1st day of
December, 2020, by the following vote of the City Council:
AYES:
Castellanos, Johnson, Shewmaker, Lopez-Viado, Wu
NOES:
None
ABSENT:
None
ABSTAIN:
None
rick
lAtant
City Clerk