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
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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]
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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.
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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:
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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
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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...
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-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.
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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
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