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Home My WebLink AboutCC Reso 2014-35 RESOLUTION NO. 2014-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY CLERK TO DESTROY AND/OR ERASE SPECIFIED RECORDS PURSUANT TO THE CITY'S RECORDS RETENTION SCHEDULE WHEREAS, California Government Code Section 34090 provides for a procedure whereby, 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 or her charge, without making a copy thereof, after the same is no longer required; and WHEREAS, Government Code Section 34090 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; and (e) the minutes, ordinances, or resolutions of the legislative body or of a City board or commission; and WHEREAS, the City has adopted a policy for the retention of certain categories of records which are to be kept in the ordinary course of business and the period for such retention pursuant to each department's "Records Retention Schedule"; and WHEREAS, the ,storage of obsolete records is costly, time-consuming, Y g and impinges upon the City's records storage space; and WHEREAS, the City Clerk and the City Attorney have reviewed the list of records identified in the "Request to Destroy Records" form(s) marked and attached hereto in their entirety as Exhibit "A", and finding no record therein has any historical, legal, administrative, or fiscal value, have approved the destruction of said items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. APPROVAL The City's public records identified in form(s) marked Exhibit "A", attached hereto, are hereby determined to have no historical, legal, administrative, or fiscal value. SECTION 2. AUTHORIZATION FOR DESTRUCTION The City Clerk is hereby authorized and directed to destroy and/or erase public records described in Exhibit "A" & "B", attached hereto. APPROVED AND ADOPTED this 13th day of August, 2014, by the following vote: AYES: Councilmembers Henry, Toles and Pettis; Mayor Pro Tem Vasquez and Mayor DeRosa NOES: None ABSENT: None ABSTAIN: None - 171.,'hleen J. re Rosa, Mayor ATTEST: AL. - Gary F. H•well, Cit�i Clerk APPROVED AS TO FORM: Charles Green, City Attorney 2 EXHIBIT "A" EXHIBIT A REQUEST TO DESTROY RECORDS CITY/AGENCY/DISTRICT/BOARD DATE: DEPARTMENT: CATHEDRAL CITY POLICE DEPATMENT 06-06-2014 Item DATE OF ITEM NOTES No.* DESCRIPTION OF ITEM 8* *Length of Retention From Retention Schedule 8/CL+2 years/months 01 2002-12 sustained non-Citizen Complaint (#52 CL+5) 2002 02 2005-04 sustained non-Citizen Complaint(#52 CL+5) 2005 03 2006-07 sustained non-Citizen Complaint(#52 CL+5) 2006 04 2006-13 sustained non-Citizen Complaint(#52 CL+5) 2006 05 2007-03 sustained non-Citizen Complaint(#52 CL+5) 2007 06 2007-09 sustained non-Citizen Complaint(#52 CL+5) 2007 07 2007-11 sustained non-Citizen Complaint(#52 CL+5) 2007 08 2007-12 sustained non-Citizen Complaint(#52 CL+5) 2007 09 2007-13 sustained non-Citizen Complaint(#52 CL+5) 2007 10 2007-14 sustained non-Citizen Complaint(#52 CL+5) 2007 11 2007-15 sustained non-Citizen Complaint(#52 CL+5) 2007 12 2007-16 sustained non-Citizen Complaint(#52 CL+5) 2007 **ONLY LIST INDIVIDUAL ITEMS FROM SAME CATEGORY ON SAME FORM FOR EASE OF REFERENCE Z:\MyFiles\RECORDS DESTRUCTION\2014 Destruction request IA 2002,2005 to 2008.wpd client forms\clerk\Destruction Pro-FORM APPROVED: DATE: PRINT NAME APPROVED: DATE: PRINT NAME:NAME: APPROVED: - DATE A►A, �i_ ,' QI/Z1/(1 .�.�; _� .. _ Charles G City Clerk/Secretary •epartm 't Head City Charles Green r /General Counsel Signature Signature y y L EXHIBIT A REQUEST TO DESTROY RECORDS CITY/AGENCY/DISTRICT/BOARD DATE: DEPARTMENT: CATHEDRAL CITY POLICE DEPATMENT 06-06-2014 Item DATE OF ITEM NOTES No.* DESCRIPTION OF ITEM 8* *Length of Retention From Retention Schedule 8/CL+2 years/months 13 2007-17 sustained non-Citizen Complaint(#52 CL+5) 2007 14 2008-04 sustained non-Citizen Complaint(#52 CL+5) 2008 15 2008-05 sustained Citizen Complaint(#52 CL+5) 2008 16 2008-06 unfounded Citizen Complaint(#52 CL+5) 2008 17 2008-A closed Citizen Complaint(#52 CL+5) 2008 18 2008-B closed Citizen Complaint(#52 CL+5) 2008 19 2008-09 unfounded Citizen Complaint(#52 CL+5) 2008 20 2008-10 unfounded Citizen Complaint(#52 CL+5) 2008 **ONLY LIST INDIVIDUAL ITEMS FROM SAME CATEGORY ON SAME FORM FOR EASE OF REFERENCE Z:\MyFiles\RECORDS DESTRUCTION\2014 Destruction request IA 2002,2005 to 2008.wpd client forms\clerk\Destruction Pro-FORM ��/�� APPROVED: I DATE: PRINT NAME APPROVED: DATE: PRINT NAME: APPROL�I DATE l\ °x/214(1 6 ,- .i. .:.,� _ . 1 �lgl/S//�U„✓ �&4.74� -/-/- City Clerk/Secretary Depa ent He-. Charles Green Signature Signatur City Attorney/General Counsel RECORDS RETENTION SCHEDULE FOR THE CITY OF CATHEDRAL CITY POLICE DEPARTMENT DATE:July,2009 Item RETENTION V.H.C. COMMENTS No. RECORD SERIES TITLE - AND CONTENTS OFFICE RECORDS DESTROY CENTER January 1, 1976 Authority: Secretary of State Local Government Records Management Guidelines(February 2006); 1 H&S11361.5(c). Asset Forfeiture Authority: Secretary of State Local Government 5 Investigation/Proceedings CL+2 - CL+2 Records Management Guidelines(February 2006); Case File GC 34090. 6 Case Books,Investigative CL+2 - CL+2 Note: Retained by division until a case is suspended/closed;transferred to Records Division to be filed with associated Daily Reports file. Authority: Secretary of State Local Government Records Management Guidelines (February 2006); GC 34090. 7 Case Files P - P Authority: Secretary of State Local Government Homicide; Investigator=s File Records Management Guidelines(February 2006); PC 799. 8 Claim Files Note: Claim copy, correspondence, photographs, Relating to Citizen Complaint CL+5 - CL+5 V supporting documents Authority: PC832.5 GC 34090(d) Against Police Officer CL+2 - CL+2 V Not relating to Citizen Complaint against Police Officer . RETENTION CODES:AR=Annual Review A=Audit CL=Closed/Completed E=Expiration P=Permanent S=Superseded T=Termination AC =Active A/F=Destroy after microfilming CU +=Current Date of Record plus years/months/days,as indicated L=Life *-See Note for description VHC CODES: V=Vital H=Historical C=Confidential Page 2 EXHIBIT "B" EXHIBIT B . REQUEST TO DESTROY RECORDS CITY/AGENCY/DISTRICT/BOARD DATE: May 5,2014 DEPARTMENT: CATHEDRAL CITY POLICE DEPARTMENT Item DATE OF ITEM NOTES No.* DESCRIPTION OF ITEM 9 ** *Length of Retention From Retention Schedule see descriptor years/months 1 Crime and Arrest Reports 1993 Cases 93-00001 through 93-93000 2 Crime and Arrest Reports 1994 Cases 94-00001 through-94-76000 3 Crime and Arrest Reports 1995 Cases 95-00001through 95-91000 4 Crime and Arrest Reports 1996 Cases 96-00001 through 96-85000 5 Crime and Arrest Reports 1997 Cases 97-00001 through 97-85000 6 Crime and Arrest Reports 1998 Cases 98-00001 through 98-83000 7 Crime and Arrest Reports 1999 Cases 99-00001 through 9912C-3200 8 Crime and Arrest Reports 2000 Cases 0001C-0001 through 0012C-3200 9 Crime and Arrest Reports 2001 Cases 0101 C-0001 through 0112C-3600 10 Crime and Arrest Reports . 2002 Cases 0201 C-0001 through 0212C-4000 11 Crime and Arrest Reports 2003 Cases 0301C-0001 through 0312C-4100 **ONLY LIST INDIVIDUAL ITEMS FROM SAME CATEGORY ON SAME.FORM FOR EASE OF REFERENCE C:\Users\jwilliams\AppData\Roaming\Core)\WordPerfect\15\Backup\Request to destroy arrests 1995 through 2003.wpd client forms\clerk\Destruction Pro-FORM APPROVED: DATTE: C�PRRIINTT NAME APPROVED: DATE: /PRINT NAM/E:// APPROV D: DATE // ity Clerk/ ecretary' -.. '6epa 'e t ! Charles Green Signature Signature City Attorney/General Counsel RECORDS RETENTION SCHEDULE FOR THE CITY OF CATHEDRAL CITY POLICE DEPARTMENT DATE:July,2009 Item RETENTION V.H.C. COMMENTS No. RECORD SERIES TITLE AND CONTENTS OFFICE RECORDS DESTROY CENTER 9 Crime Reports-Felony With or Without See Descriptor - * Note: The destruction of felony, misdemeanor and Arrest infraction crime/supplemental reports is permitted provided: (1) does not relate to an unadjudicated arrest except for HS11357 or 11360 violations; (2) does not relate to unserved warrants; (3) does not involve identifiable items which have not been recovered;(4)does not relate to violations listed in PC 799, 800; (5) does not relate to PC290 (specified registrants), 457.1 (arson), or H&S11590 (specified registrants); and (6) cases are not presently involved in civil or criminal litigation *Authority:Secretary of State Guidelines recommend assigning retention on applicable statute of limitation i.e., PC 800,801: 6 yr for offenses punishable by imprisonment in state prison for 8 yr +; consider - Tolling/Extension of time periods in PC804; consider appeals in progress or"3 Strikes", if applicable 10 Crime Reports- CL+2 - CL+2 V,H Note: The destruction of felony, misdemeanor and Misdemeanor/infractions infraction crime/supplemental reports is permitted provided: (1) does not relate to an unadjudicated arrest except for HS11357 or 11360 violations; (2) does not relate to unserved warrants; (3) does not involve identifiable items which have not been recovered;(4)does not relate to violations listed in PC 799, 800; (5) does not relate to PC290 (specified registrants), 457.1 (arson), or H&S11590 (specified . registrants); and (6) cases are not presently involved in civil or criminal litigation Authority: GC34090(d) 11 Destruction of Crime Property Authority: Secretary of State Local Government RETENTION CODES:AR=Annual Review A=Audit CL=Closed/Completed E=Expiration P=Permanent S=Superseded T=Termination AC=Active A/F=Destroy after microfilming CU+=Current Date of Record plus years/months/days,as indicated L=Life *-See Note for description VHC CODES: V=Vital H=Historical C=Confidential Page 3 EXHIBIT "C" EXHIBIT C REQUEST TO DESTROY RECORDS CITY/AGENCY/DISTRICT/BOARD DATE: May 5, 2014 DEPARTMENT: CATHEDRAL CITY POLICE DEPARTMENT Item DATE OF ITEM NOTES No.* DESCRIPTION OF ITEM 18 ** *Length of Retention From Retention Schedule CU+3 years/months 1 A-Z Pawn Slips 2010 2 A-Z Pawn Slips 2011 **ONLY LIST INDIVIDUAL ITEMS FROM SAME CATEGORY ON SAME FORM FOR EASE OF REFERENCE C:\Users\jwilliams\AppData\Roaming\Corel\WordPerfect\15\Backup\Records request to 2010 and 2011 pawn slips.wpd client forms\clerk\Destruction Pro-FORM APPROVED: DATE: PRINT NAME APPROVED: DATE: PRINT NAME: APPROVED DATE City Cler /Sect': ary Departm-,t Head Charles Green Signature Signature City Attorney/General Counsel RECORDS RETENTION SCHEDULE FOR THE CITY OF CATHEDRAL CITY POLICE DEPARTMENT DATE: July,2009 Item RETENTION V.H.C. COMMENTS No. RECORD SERIES TITLE AND CONTENTS OFFICE RECORDS DESTROY CENTER Review Board Administrative File Authority: GC 34090(d). Duplicate(pink),Second Hand CU+2 - CU+2 Dealer, Pawn Brokers 15 Logs V,H Note re:property:Log items coming into and going out Daily Activity (Jail) CU+6 - CU+6 of property room Juvenile Detention CU+6 - CU+6 Authority: Secretary of State Local Government Investigative(Pre-arrest) CU+6 - CU+6 Records Management Guidelines (February 2006). Property Control Logs CU+6 - CU+6 Rap Sheet Logs CL+6 - CL+6 Subpoena Logs CU+6 - CU+6 16 Narcotics -No Arrest Case Files CL+2 - CL+2 Authority: Secretary of State Local Government Records Management Guidelines (February 2006); GC 34090. 17 Officer Involved Shootings-Case Files CL+25 - CL+25 V,H Authority: Secretary of State Local Government Records Management Guidelines (February 2006); GC 34090. 18 Pawn Slips/Tickets CU+3 - CU+3 Authority: Secretary of State Local Government Records Management Guidelines (February 2006); B& P 21628. • 19 Permits L+2 - L+2 Secretary of State Local Government Records include ABC License Management Guidelines(February 2006); GC Concealed Weapons Permits RETENTION CODES:AR=Annual Review A=Audit CL=Closed/Completed E=Expiration P=Permanent S=Superseded T=Termination AC=Active A/F=Destroy after microfilming CU+=Current Date of Record plus years/months/days,as indicated L=Life *-See Note for description VHC CODES: V=Vital H=Historical C=Confidential Page 5