HomeMy WebLinkAboutResolution No 2000-26 - Authorizing Destructions of Certain 3� - 1M• I�IDFR � ��
Council/Agency Meeting Held: oo— 7-0 — 00
Deferred/Continued to:
)'Approved ❑ Conditionally Approved ❑ Denied - t er 's Signature
Council Meeting Date: March 20, 2000 Department ID Number: FD 00-001
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
O
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator
C:r—=,
PREPARED BY: MICHAEL P. DOLDER, Fire Chief/Information Systems Director
SUBJECT: ADOPT RESOLUTION NO.q�=- 26 AUTHORIZING THE
DESTRUCTION OF CERTAIN CITY RECORDS S'
S tat ement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City adopt a resolution authorizing the destruction of
certain City records in the Fire Department Telecommunications Division?
Funding Source: None.
Recommended Action: Motion to Adopt Resolution No. 2000 Zh for approval of the
destruction of certain city records in the Fire Department Telecommunications Division as
listed in Exhibit "A."
Alternative Action(s): Do not approve the resolution and keep records in storage.
Analysis: A Request for Legal Services was submitted to the City Attorney's Office for an
opinion regarding the retention of paper telephone records, including cellular and call
accounting records maintained by the Fire Department Telecommunications Division. The
answer from the City Attorney (Attachment 2), under California Code of Civil Procedure 334
and/or 337, was that the statute of limitations for an action based on the identified records is
four years. Based on State law, staff is requesting to destroy telephone records which
exceed the four year retention limit as described in Attachment 1's Exhibit "A."
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
. - Number No. Description
1. Resolution No. 2Cb0- Zb A Resolution of the City Council of the City
of Huntington Beach Authorizing Destruction of Certain City Records
2. Memo from Gail Hutton, City Attorney, re: Retention of Telephone
Records— RLS 00-033
RCA Author: Cheri White,Telecommunications Coordinator
I. CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH Connie Brockway, City Clerk
Office of the City Clerk
To:
Date: Meeting Date: c3 �a'D-00 Agenda Item: G `(� 9e���AID
Proposed City Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your
agenda item due to the following requirements that have not been met. When your Agenda Item is ready to
resubmit,please return to: anagement Assistant, City Administrator's Office.
1. Signature(s)Needed
A On RCA
B On Agreement
C . Other
2. Attachments.
A Missing
B Not identified
C Other
3. Exhibits
A Missing
B Not identified
C Other
4. Insurance Certificate(Proof Of Insurance)
A Not attached
B Not approved by City Attorney's Office
C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item.(See form attached)
5. Wording On Request For Council Action(RCA)Unclear
A Recommended Action on RCA not complete
B Clarification needed on RCA
C Other
6. City Attorney Approval Required e, -01 b,
7. Agreement Needs To Be Changed
A Page No.
S. Other
G:agemla/misdreatorm ��
A TTA CHMENT 1
RESOLUTION NO. 2000-26
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AUTHORIZING
DESTRUCTION OF CERTAIN CITY RECORDS
WHEREAS, Government Code Sections 34090.5, 34090.6 and 81009 provide,
among other things, that certain public records may be destroyed with the consent of the
City Attorney and concurrence of the City Council; and
The Fire Chief requests permission to destroy such records; and
The City Attorney of the City of Huntington Beach hereby consents to the destruction
of such records,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Huntington Beach that approval is hereby given for the destruction of records as listed on
Exhibit"A" which is attached hereto and incorporated herein by this reference.
Notwithstanding any of the foregoing, no record shall be destroyed which is
expressly required to be retained under California Government Code Section 34090.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of March ,2000.
Mayor
ATTEST:
I consent to destruction of the listed records: -
(;City Clerk
��� City Attorney
y /
REVIEWED AND APPROVED:
APPROVE AS TO ORM:
City Adtfrinistrator
,�Z--2-zu City Attorney
INITIATED AND P O ED.
Fire Chief
resol u t/des troy/2/4/00
Res. No. 2000-26
EXHIBIT A
Invoices from G.T.E. dated January 1, 1992 through December 31, 1.995
Invoices from Pacific Bell dated January 1, 1992 through December 31, 1995
Invoices from Airtouch dated January 1, 1992 through December 31, 1995
Invoices from L.A. Cellular dated January 1, 1992 through December 31, 1995
Res. No. 2000-26
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 at least a majority of all the members of said City Council at a
regular meeting thereof held on the 20th day of March, 2000 by the following vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
------------------------------
City Clerk and ex-officio Clel<of the
City Council of the City of Huntington
Beach, California
A TTA CHMENT 2
sr
CITY OF HUNTINGTON BEACH
Inter-Department Communication
TO: MICHAEL DOLDER, Fire Chief
FROM: GAIL HUTTON, City Attorney
DATE: January 25, 2000 FEB 9 2000
SUBJECT: Retention of telephone records -RLS 00-033
BACKGROUND: The Telecommunications Department maintains paper telephone records,
including cellular, and call accounting records.
ISSUE: When and how may these records be destroyed?
ANSWER: Telephone bills, including cellular, and call accounting records may be destroyed
after four years.
ANALYSIS: There are two issues to consider regarding the destruction of public records: (1)
California Government Code Section 34090 et seq. and(2) California Code of Civil Procedure
337 et seq.
Under Government Code Section 34090,the Telecommunications Department may
destroy the identified records if they are no longer required under the following conditions:
1. The records are more than two years old;
2. Written consent of the City Attorney; and
3. Approval of a resolution of the City Council.
These same records may be destroyed without approval of the City Attorney or City Council if
the records are maintained as a permanent photographic record approved by the National Bureau
of Standard which can accurately reproduce the original and is accessible to the public as the
original records were. California Government Code 34090.5.
Under California Code of Civil Procedure 334 and/or 337, the statute of limitations for an
action based on the identified records should be kept for four years.
Page 2
Chief Dolder
RLS 00-033
CONCLUSION: At this time, the Telecommunications Department may request a
resolution to be prepared by the City Attorney's Office for consideration by City Council
requesting permission to destroy all telephone bills, including cellular, and call accounting
records which are older than four years.
A4—z—�-
GAIL HUTTON,
City Attorney
/imp
j mp/memo/rl s00-03 3/1/25/00
RCA ROUTING
SHEET
INITIATING DEPARTMENT: F`1=RE-A
SUBJECT: ADOPT RESOLUTION NO. 000- Zb AUTHORIZING
THE DESTRUCTION OF CERTAIN CITY RECORDS
COUNCIL MEETING DATE: March 20, 2000J
RCA ATTACHMENTS „ STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED. ..- :.:FORWARDED:
Administrative Staff --/ 1),
Assistant City Administrator (Initial)
City Administrator (Initial)
City Clerk ( )
EXPLANATIM FOR RETURN.OF ITEM.
Only)(Below Space For City Clerk's Use
RCA Author: Cheri White,Telecommunications
i