12-01-2020 - AGENDA ITEM 03 CONSIDERATION OF DESTRUCTION OF DOCUMENTS PURSUANT TO THE CALIFORNIA GOVERNMENT CODEAGENDA ITEM NO.3
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: December 1, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF DESTRUCTION OF DOCUMENTS PURSUANT TO THE
CALIFORNIA GOVERNMENT CODE
RECOMMENDATION:
It is recommended that the City Council adopt the following resolutions:
RESOLUTION 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
BACKGROUND:
The City of West Covina's Records Retention Schedule, adopted March 20, 2018, is based on State statutes
governing public records (Government Code § 34090 et seq.). The Records Retention Schedule provides for
the maintenance, retention, preservation, and disposition of records. One of the objectives of the Records
Retention Schedule is the regular destruction of records and documents that are no longer needed and have
been retained for the required period of time.
DISCUSSION:
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 of the City Council or the written consent of the City Attorney if certain conditions are
complied with. The proposed resolution would allow staff to destroy records that meet the requirements of the
Records Retention Schedule and that are no longer legally required to be kept pursuant to State law, without
approval of the City Council. Written approval would still need to be provided by the Department Head and the
City Attorney. Destruction would take place in accordance with the City of West Covina's Record Retention
Schedule and in accordance with State law.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
Attachments
Attachment No. 1 - Resolution No. 2020-114
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability
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 of numerous records is expensive, slows document retrieval,
and is not necessary after a certain period of tune for the effective and efficient operation of the
government of the City of West Covina; and
WHEREAS, Section 34090 of the California Government Code provides that, with the
approval of the City Council by resolution and the written consent of the 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 of the City Council or
the written consent of the 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 of the 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
crimes, embezzlement of public funds, bribery of public officials, reports involving City
employees or any prisoner arrest files or chill 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 of the 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 fiuther 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 of this resolution
and enter it into the book of original resolutions and it shall become effective immediately.
APPROVED AND ADOPTED this 1st day of December, 2020.
Tony Wu
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant 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:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk