TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Kathleen Gregory, City Clerk
MEETING DATE: November 21, 2023
SUBJECT: Resolution Authorizing the Destruction of Obsolete Records
RECOMMENDATION
Adopt Resolution.
BACKGROUND
On February 4, 2013, the City Council adopted Resolution No. 2013-05, establishing a Citywide Records Management Policy for Preservation, Protection, Retention and Legal Disposition of Records and Records Retention Schedule for all City Departments. The Records Retention Schedule is the City's most effective control to properly manage paper records. It is a carefully planned, systematic, and consistently written policy governing the period of retention, or the lifespan, of all types of records.
While the Records Retention Schedule contains the legal authority for the disposition of City records and demonstrates compliance with government regulations, it is an administrative tool only and does not preclude the necessity of obtaining approval from the City Council for the destruction of public records (California Gov't Code Section 34090 et seq.).
At this time, city departments have identified records that no longer have sufficient historical, legal, fiscal or reference value to retain in original form, and is requesting the City Council's authorization to destroy such records.
The proposed destruction follows the City's Records Retention Schedule and is consistent with Section 34090 of the Government Code of the State of California. Section 34090 provides for the destruction of any City record, document, instrument, book, paper, etc., without making a copy thereof, after the same is no longer required, if done with the approval of the City Council and the written consent of the City Clerk and City Attorney.
Item No. 7j
CITY OF LOMITA
CITY COUNCIL REPORT
Section 34090 does not authorize the destruction of records affecting the title to real property or liens thereon, court records, records required to be kept by statute, records less than two years old, and the minutes, ordinances, or resolutions of the City Council.
Records proposed for destruction were carefully reviewed by staff and approved by the corresponding department directors. In addition, and in accordance with law, the City Attorney has reviewed the list of records and has given consent for destruction of the records.
OPTIONS
1. Approve Resolution
2. Provide alternative direction
FISCAL IMPACT
The approximate cost to shred the designated documents is $300. The account to be charged is 100-130-5755.000, Special Department Expense.
ATTACHMENTS
1. Draft Resolution with Exhibits
Reviewed by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
Kathleen Horn Gregory
City Clerk
RESOLUTION NO. 2023-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE
OF THE STATE OF CALIFORNIA
WHEREAS, the keeping of numerous records is not necessary after a certain period of time for the effective and efficient operation of the government of the City of Lomita; and
WHEREAS, Section 34090 of the Government Code of the State of California and the City of Lomita Resolution No. 2013-05 provides a procedure whereby any City record which has served its purpose and is no longer required may be destroyed, and the destruction of said records will not interfere with the services and functions of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:
SECTION 1.The records of the City of Lomita as set forth in EXHIBIT "A”, which is incorporated herein by this reference, are hereby authorized to be destroyed as provided by Section 34090 of the Government Code of the State of California, and in accordance with the provisions of the Records Destruction Certificate and with the consent in writing of the City Attorney, without further action by the City Council of the City of Lomita.
SECTION 2. The provisions of Section 1 above do 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 (2) years old.
E. Minutes, ordinances, or resolutions of the City Council of the City of Lomita or any City board, committee or commission.
SECTION 3. Notwithstanding the provisions of Section 2, the duplicates of records not less than two (2) years old that are no longer required are hereby authorized to be destroyed as set forth in the attached report.
SECTION 4. The destruction of any record as provided for herein shall be by shredding or other effective method of destruction.
SECTION 5. The term "records" as used herein shall include document instruments, books, microfilm or papers.
Attachment No. 1
Resolution No. 2023-29
SECTION 6. This Resolution shall be in full force and effect immediately upon the passage and adoption thereof.
SECTION 7. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Lomita at a regular meeting held on the 21
st day of November 2023.
________________________________
Barry Waite, Mayor
ATTEST:
_____________________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Trevor Rusin, City Attorney
DEPARTMENT:
RECORDS DESCRIPTION ITEM NO REQUIRED YEARS COVERED STATUTORY # OF BOXES REMARKS
RETENTION REFERENCE ORIGINAL COPY DIGITAL
Example: News & Press Release ex.GRS 108 CU+2 2017‐2018 GC34090 X X 1
SIGNATURE DATE
EXHIBIT "A" ‐ RECORDS INVENTORY
The records listed below are scheduled to be destroyed, as indicated on the Records Retention Schedule.
DESTRUCTION OF
INVENTORY TAKEN BY: NAME AND TITLE
I HEREBY CERTIFY that the items listed in "Exhibit A" are authorized to be destroyed in accordance with the City's Retention Schedule and are not subject to any claim, audit, or pending litigation.
LOCATION OF RECORDS:
ADDITIONAL COMMENTS:
Indicate with an initial, check or X mark that the digital files should and will also be destroyed. s:city clerks office/policies/records retention destruction/forms/city of lomita destruction authorization s:city clerks office/policies/records retention destruction/forms/city of lomita destruction authorization
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Publlic Records Request CL+2 2014-2020 GC34090 & 6250 X X X Electronic 11/14/2023
EXHIBtT "A'' - RECORDS INVENTORY
DEPARTMENT: Admin Svcs LOCATION OF RECORDS: 2n6 fl - pW storage room 1st fl - Admin Svcs Director's Ofc
The records listed below are scheduled to be destroyed, as indicated on the Records Retention Schedule lndicate with an initial, check or X mark that the digital files should and will also be destroyed.
RECORDS OESCRIPTION ITEM NO REQUIRED YEARS COVEREO STATUTORY DESTRUCTION OF f oF BoxEs REMARKS
RETENTION REFERENCE ORIGINAL COPY DIGITAL
Example: News & Press Release ex.GRS 108 CU+2 2017-2018 GC34090 x x t Cash RecoipUDeposits Fin 126 5 0712016 to 0612018 x 1
Business License Fin 30'1 r+4 01/181o 03/18 x 1
Accounts Payablo Fin 10'l AU+4 x 4
Miscellaneous Accounts Receivable Fin 804 1 2015 X 1
Cash ReceipVDeposits Fin 126 5 1212017 lo 0412018 x 2
Voucher Fin 118 AU+4 07/2008 to 06/2009 X 1
Voucher Fin '118 AU+4 0712011 to 0612013 X 3
Voucher Fin 118 AU+4 07l2O'14 to OOl2015 x 1
Voucher Fin 118 AU+4 07 12016 to 0612017 X 1
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SIGN RE DATE ADDITIONAI COMMENTS:
11t1412023
INVENTORY TAKEN BY: NAME AND TITTE
Erika Reyes Snr Accountant
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