SECTIONS 34090-34095 - California Statutes

GOVERNMENT CODE

SECTION 34090-34095

34090. 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.

34090.5. Notwithstanding the provisions of Section 34090, the city
officer having custody of public records, documents, instruments,
books, and papers, may, without the approval of the legislative body
or the written consent of the city attorney, cause to be destroyed
any or all of the records, documents, instruments, books, and papers,
if all of the following conditions are complied with:
(a) 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 that is a trusted system and that does not permit additions,
deletions, or changes to the original document, or reproduced on
film, optical disk, or any other medium in compliance with Section
12168.7 for recording of permanent records or nonpermanent records.
(b) 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 that does
not permit additions, deletions, or changes to the original document
images.
(c) 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.
(d) 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.
However, no page of any record, paper, or document shall be
destroyed if any page cannot be reproduced on film with full
legibility. Every unreproducible page shall be permanently preserved
in a manner that will afford easy reference.
For the purposes of this section, every reproduction shall be
deemed to be an original record and a transcript, exemplification, or
certified copy of any reproduction shall be deemed to be a
transcript, exemplification, or certified copy, as the case may be,
of the original.

34090.6. (a) Notwithstanding the provisions of Section 34090, the
head of a department of a city or city and county, after one year,
may destroy recordings of routine video monitoring, and after 100
days may destroy recordings of telephone and radio communications
maintained by the department. This destruction shall be approved by
the legislative body and the written consent of the agency attorney
shall be obtained. In the event that the recordings are evidence in
any claim filed or any pending litigation, they shall be preserved
until pending litigation is resolved.
(b) For purposes of this section, "recordings of telephone and
radio communications" means the routine daily recording of telephone
communications to and from a city, city and county, or department,
and all radio communications relating to the operations of the
departments.
(c) For purposes of this section, "routine video monitoring" means
video recording by a video or electronic imaging system designed to
record the regular and ongoing operations of the departments
described in subdivision (a), including mobile in-car video systems,
jail observation and monitoring systems, and building security
recording systems.
(d) For purposes of this section, "department" includes a public
safety communications center operated by the city or city and county.

34090.7. Notwithstanding the provisions of Section 34090, the
legislative body of a city may prescribe a procedure whereby
duplicates of city records less than two years old may be destroyed
if they are no longer required.
For purposes of this section, video recording media, including
recordings of "routine video monitoring" pursuant to Section 34090.6,
shall be considered duplicate records if the city keeps another
record, such as written minutes or an audio recording, of the event
that is recorded in the video medium. However, a video recording
medium shall not be destroyed or erased pursuant to this section for
a period of at least 90 days after occurrence of the event recorded
thereon.

34090.8. (a) When installing new security systems, a transit agency
operated by a city or city and county shall only purchase and
install equipment capable of storing recorded images for at least one
year, unless all of the following conditions apply:
(1) The transit agency has made a diligent effort to identify a
security system that is capable of storing recorded data for one
year.
(2) The transit agency determines that the technology to store
recorded data in an economically and technologically feasible manner
for one year is not available.
(3) The transit agency purchases and installs the best available
technology with respect to storage capacity that is both economically
and technologically feasible at that time.
(b) Notwithstanding any other provision of law, video recordings
or other recordings made by security systems operated as part of a
public transit system shall be retained for one year, unless one of
the following conditions applies:
(1) The video recordings or other recordings are evidence in any
claim filed or any pending litigation, in which case the video
recordings or other recordings shall be preserved until the claim or
the pending litigation is resolved.
(2) The video recordings or other recordings recorded an event
that was or is the subject of an incident report, in which case the
video recordings or other recordings shall be preserved until the
incident is resolved.
(3) The transit agency utilizes a security system that was
purchased or installed prior to January 1, 2004, or that meets the
requirements of subdivision (a), in which case the video recordings
or other recordings shall be preserved for as long as the installed
technology allows.

34091. If authorized by the legislative body, all actual and
necessary expenses incurred in the drafting of a new city charter are
city charges. The legislative body may make appropriations for such
expenses.

34091.1. Whenever the legislative body finds that a name should be
adopted and applied to any city street, or that the existing name of
any city street should be changed, the legislative body may adopt a
resolution designating a name for, or change the name of, such
street.

34092. Whenever the name of any street, boulevard, park, or place
is adopted, established or changed, or any house numbers have been
changed on any street, boulevard, park or place, by any city or other
authority, the city clerk shall promptly forward a copy of the
resolution, order, or other instrument providing for such new name or
change of name or house number to the board of supervisors of the
county within which such city is situated.

34093. As used in this section, "petition" means any petition
prescribed, by statute or city charter, as a necessary prerequisite
to the institution of proceedings by the city, and includes, but is
not limited to, initiative petitions, referendum petitions, recall
petitions, petitions pertaining to the annexation of territory to a
city, the consolidation of cities, or the dissolution of a city, and
petitions to institute proceedings under an improvement act.
Every person is punishable by a fine not exceeding five hundred
dollars ($500), or by imprisonment in the county jail not exceeding
six months, or by both such fine and imprisonment, who, circulating,
as principal or agent, or having charge or control of the circulation
of, or obtaining signatures to, any petition, willfully
misrepresents or willfully makes any false statement concerning the
contents, purport or effect of the petition to any person who signs,
or who desires to sign, or who is requested to sign, or who makes
inquiries with reference to it, or to whom it is presented for his
signature.
Every person is punishable by a fine not exceeding five hundred
dollars ($500), or by imprisonment in the county jail not exceeding
six months, or by both such fine and imprisonment, who circulates or
causes to be circulated any petition knowing it to contain false,
forged, or fictitious names.

34095. (a) Notwithstanding any other provision of law:
(1) The legislative body of a city shall not grant credit for
service to an elective officer for service that the elective officer
has not performed.
(2) The legislative body of a city shall not pay contributions for
credit for service if an elective officer has not performed the
service, regardless of the fact that the elected officer may
personally elect to contribute for additional credit for service.
(b) The prohibition provided by this section does not preclude an
elective officer from choosing to receive credit for service in a
retirement system by paying his or her own contributions for that
purpose pursuant to the applicable provisions of the retirement
system.