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HomeMy WebLinkAbout92-17 CC ResolutionRESOLUTION NO. 92-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA 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 Temecula; and WHEREAS, Section 34090 of the Government Code of the State of California provides a procedure whereby any City record which has served its purpose and is no longer required may be destroyed; and WHEREAS, pursuant to Govemment Code Section 34090, the City Attorney has reviewed and approved the Destruction of Obsolete Records Policy, attached hereto as Exhibit "1" and incorporated by reference herein; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: SECTION 1. The records of the City of Temecula as set forth in groups on Schedule I, which schedule is attached hereto and 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 said schedule upon the request of the department head and with the consent in writing of the City Attorney, without further action by the City Council of the City of Temecula. 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. The minutes, ordinances, or resolutions of the City Council of the City of Temecula or of any City boards, committee or commission SECTION 3. Notwithstanding the provisions of Section 2, the duplicates of records not less than five (5) years old which are no longer required are hereby authorized to be destroyed as Resos 92-17 -1- set forth in the attached Schedule A. SECTION 4. The destruction of any record as provided for herein shall be by burning, shredding or other effective method of destruction and said destruction shall be wimessed by the City Clerk or her designee. SECTION 5. The term "records" as used herein shall include documents, instruments, books, microfilm or papers. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 24th of March, 1992. Patricia H. Birdsall, Mayor ATTEST: [SEAL] Resos 92-17 -2- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, JUNE S. GREEK, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 92-17 was duly adopted a regular meeting of the City Council of the City of Temecula on the 24th day of March, 1992, by the following roll call vote; AYES: 5 C OUNCILMEMBERS: Birdsall, Moore, Lindemans, Mufioz Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None eS.~' City4~rk ) Greek, Resos 92-17 -3- EXHIBIT "1 ~ CITY OF TEMECULA DESTRUCTION OF OBSOLETE RECORDS POLICY A. PURPOSE To provide the timely destruction of outdated, obsolete and excess documents and records which are of no use legally or otherwise to the various city departments, in compliance with Sections 34090 through 34090.7 of the Government Code. B. POLICY It shall be the policy of the City of Temecula that the City Clerk or her designee shall routinely destroy - by burning, shredding, erasure, or other permanent method of obliteration - outdated, obsolete and excess documents and records in accordance with the following procedures and subject to the following retention schedules. No record may be destroyed unless specified in this Policy. C. PROCEDURFS The City Clerk or her designee shall submit a written request for permission to destroy the documents, books, receipts, and other records (hereinafter "records") enumerated in this Policy when: 1. It is determined that the record is obsolete and of no further use to the department and the record is not needed for, or the subject of discovery of, pending claims or litigation involving the City. 2. It is determined that the record is eligible for destruction according to the following Records Retention Schedules and any other criteria for destruction have been complied with. 3. The City Clerk's office shall submit a written request for destruction to the department head listing the records to be destroyed, showing the age and type of record and the applicable retention schedule. 4. Destruction shall not occur until the department head, approves, in writing, the request for destruction after checking with the City Attorney, as necessary, to verify the document is not involved in a pending claim or litigation involving the City. The department head may deny the destruction of any record or condition the destruction on the prior microfilming of the record in accordance with Section G of this policy. Re,os 92-17 -4- 5. Once permission to destroy has been given, The City Clerk's office shall oversee and witness the destruction. When destruction has been completed, the date and manner of destruction and the attestation that the City Clerk or designee witnessed the destruction shall be attached to the request form. The request for destruction together with the written approval of the department head shall be maintained in a separate file kept by the City Clerk. 6. Disposal of any records, once destroyed as provided herein, may be made pursuant to any recycling program or policy of the City. D. RF. TENTION SCHEDUI.ES In compliance with Government Code Sections 34090 and 34090.5, the following Records Retention Schedule (Schedule A) has been established to implement and maintain this Policy. E. VIDEO AND AUDIO SCHF. DUI.FS Duplicates of records, less than two years old may be destroyed, if no longer required, without microffiming. Video and audio recording mediums are considered duplicate records if and when the City keeps another record such as written minutes of the event which is recorded. However, a video medium shall not be destroyed for a period of at least 5 years after the event recorded thereon. F. I.ITIGATION SCHF. DUI.FS These records must be kept for five (5) years or until such time as their relevance to, and need in pending litigation or claims against the City is resolved through settlement with prejudice or final court adjudication. 1. Written claims presented under the Government Tort Claims Liability Act. 2. Records related to, or involved in, pending criminal investigations and actions or civil lawsuits. G. MICROFII MING Microfilming, when authorized in this Policy, shall be performed in compliance with all of the following conditions: Resos 92-17 -5- 1. The record, paper, or document is photographed, microphotographed, reproduced by electronically recorded video images on magnetic surfaces, recorded in the electronic data- processing system, recorded on optical disk, reproduced on film or any other medium which does not permit additions, deletions or changes to the original document, or reproduced on film, optical disk, or any other medium in compliance with the minimum standards or guidelines, or both, as recommended by the American National Standards Institute or the Association for Information and Image Management for recording of permanent records or nonpermanent records, whichever applies. 2. The device used to reproduce the record, paper, or document on film, optical disk, or any other medium is one which accurately and legibly reproduces the original thereof in all details and which does not permit additions, deletions or changes to the original document images. 3. The photographs, microphotographs or other reproductions on film, optical disk or any other medium are made as accessible for public reference as the original records were. 4. A true copy of archival quality of the film, optical disk, or any other medium reproductions shall be kept in a safe and separate place for security purposes. No page of any record, paper or document shall be destroyed in any page cannot be reproduced on film with full legibility. Every non-reproducible page shall be permanently preserved in a manner that will afford easy reference. ANNUAL REVIEW BY CITY ATTORNEY The City Clerk shall be responsible for requesting an annual review of this Policy by the City Attorney. This request shall be made through the City Manager. Pursuant to the requirements of Government Code Section 34090, I hereby give my consent to the destruction of records under the direction of the City Clerk pursuant to this Policy City Attorney Date City of Temecula Rems 92-17 -6- EXHIBIT "1" CITY OF TEMECULA RECORDS RETENTION SCHEDULE Schedule A No. Title or Description ORIG DUP Office Center Destroy REMARKS Records affecting title to real property or liens X thereon (Yrs.) (Yrs.) (Yrs.) 2 P If Micro II Records required to be kept permanently by X 2 P If Micro statute III Minutes, ordinances and resolutions of the X 2 P If Micro City Council or Boards and Commissions. IV Documents with lasting historical, X 2 P If Micro administrative, legal, fiscal, or research value. V Records which do not require permanent X 4 copies for storage purposes VI Correspondence, operational reports and X 2 10 information upon which City policy has been established. VII Duplicates of V above, when retention is X 2 necessary for reference VIII Records requiring retention for more than five X 2 13 years but no more than fifteen years by statute or administration value. 4 yre. 12 2 15 IX Duplicates needed for administrative purposes X 2 13 15 for five - fifteen years. X All other original City records, or instruments, X 2 I 3 books or papers that are considered public documents not included in Groups I through VIII Xl Duplicates and other documents not public X X 2 3 5 records required to be maintained for administrative purposes. XII Duplicate records requiring retention for X 3 3 administrative purpose such as reference material for making up budgets, for planning, and programming. XIII Reference files. (Copies of documents which X 1 1 duplicate the record copies filed elsewhere in the City; documents which require no action and are non-record; rough drafts, notes, feeder reports, and similar working papers accumulated in preparation of a communication, study or other document, and cards, listings, indexes and other papers used for controlling work). Note: Any item can be destroyed if two copies of microfilm done with one in safe storage and accomplished properly. Destruction years only apply if not on film. Note: Any item not on microfilm and subject to destruction will not be destroyed without written permission of the department head and the City Attorney. Note: Regardless of Office Retention period as listed, earlier transfer to the Retrieval Center is authorized. Note: Original council minutes, ordinances, resolutions and official bonds will not be destroyed even if microfilmed. Continued... Resos 92-17 -7- XIV X x 3 3 mos. moe XV Transitory files, including letters of transmittal (when not a public record) suspense copies when reply has been received, routine requests for information and publication, tracer letters, feeder reports, and other duplicates copies no longer needed Original documents disposable upon occurrence of an event or an action (i.e., audit, job completion, completion of contract, etc.) or upon obsolescence, supersession, revocation. XVI Policy files and reference sets of publications. XVII Duplicates or non-record documents required for administrative needs but destroyable on occurrence of an event or an action. X X Indef Indef X Indef Indef Note: Destroy upon supersession or obsolescence. Resos 92-17 -8- DFSCRIPTION OF PERMANENT RECORDS Attachment to Schedule "A" Group I Records - Affecting Property Title or l,iens Group I documents shall not be subject to destruction, except if microfilming or reproduction by other medium which does not permit additions, deletions or changes to the original document is performed in strict accordance with the provisions of Government Code Section 34090.5. Building and Safety: Utilities: Deeds Parks: Building Permits Lights Signs Bikeways Capital Improvements: Water Curbs Landscaping Plans Power Gutters Right-of-way Drawings Cablevision Walks Weed Abatement Checks & Inspection Television Bikeways Striping Easements Maps: Drainage: Housing Street Names & Numbers Streets Flood Control General Plan: Liens Light Soil Erosion Amendments Condemnations Trees Hydrology Zoning Assessments Signals Parking Group H Group HI Group IV A. B C Group V Records Required to be kept by Statute Minutes, Ordinances and Resolutions Announcements, Notices, Affidavits, Proclamations, Supporting Exhibits of City Council or Boards and Commissions Agendas, Minutes, Resolutions, Ordinances, Documents with lasting administrative, legal, fiscal, historical or research value. Administrative - Personnel cumulative records, Reviews, Action, Promotions, Time Records, Leave, CETA, Policy and Procedures, OSHA Inspections, Affirmative Action Program, any like above. Fiscal - Audit - Annual and Semi-annual, Monthly Budget Allocations, Appropriations, Expenditures, Encumbrances, Journals and Ledgers, Inventory, Payroll, Receipts, Collections, Cash, Check Register, Capital Property, Business License, Fees, Schedules, Grants, Bonds, Trust Funds, Revenue Sharing, Treasurer's Register. Historical - City Organization Charts, Service Organizations, Chamber of Commerce, Homeowners' Associations, City Flower/Tree, Teen Centers, Schools, Universities, Press Releases, Department Staff Summaries, Report and Statistical Analyses. Bicycle Licenses, Purchase orders and requisitions, Contracts or Agreements, despite a shorter term provided therein and Entertainment/Special Event Permits Re,os 92-17 -9-