HomeMy WebLinkAboutCity Council - 5535 RESOLUTION NO. 5535
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING DESTRUCTION OF
RECORDS IN THE OFFICE OF THE CITY ATTORNEY
WHEREAS, Government Code sections 34090 et seq. provide that
certain public records may be destroyed with the consent of the
City Attorney and concurrence of the City Council; and
The City Attorney desires to reduce the files kept by the
legal department from 1968 to 1980; and
Such files do not:
(a) Contain information affecting the title to real prop-
erty or liens thereon.
(b) Constitute court records.
(c) Require retention under any statute.
(d) Contain information less than two years old.
(e) Constitute minutes, ordinances, or resolutions of the
city council or any city board or commission.
Notwithstanding any of the foregoing, no file shall be de-
stroyed which is pertinent to any current claim against the city
or any pending or ongoing litigation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that the City Attorney is authorized to
destroy files presently in the legal department from 1968 to
1980, all of which are duplicates of records maintained by the
City Clerk.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 1st
9 9 9
day of July , 1985.
ATTEST:
Mayor
City Clerk
1.
REVIEWED AND APPROVED: INITIATED AND APPROVED AS TO
FORM:
City Adml is rat ity A torney
0610L/ahb
6/11/85
2.
§34090. Authority of head of city department to destroy city records:
Exceptions: Authority provided in § 34090.5 not limited or qualified
Unless otherwise provided by law, with the approval of the legislative body
by resolution and the written consent of the city attorney the head of a city
department may destroy any city record, document, instrument, book or
paper, under his charge, without making a copy thereof, after the same is no
longer required. _
This section does 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 years old.
(e) The minutes, ordinances, or resolutions of the legislative body or of a
* city board or commission.
This section shall not be construed as limiting or qualifying in any manner
the authority provided in Section 34090.5 for the destruction of records,
documents, instruments, books and papers in accordance with the procedure
therein prescribed.
Amended Stats 1975 ch 356§1.
Res. No. 5535
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 1st day
of July 19 85 , by the following vote:
AYES: Councilmen:
Kelly, macAllister, Mandi.c, Bailey, Finley, Green
NOES: Councilmen:
None
ABSENT: Councilmen:
Thomas
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California