Section § 34090

Explanation

This law allows city department heads to destroy city records if they are no longer needed, but they must have approval from the city council and written consent from the city attorney. However, certain records are protected and cannot be destroyed. These are records related to property titles or liens, court records, legally required records, records less than two years old, and official meeting minutes or resolutions.

Additionally, this section does not affect other rules about record destruction laid out in a related law.

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 the department head’s charge, without making a copy thereof, after the same is no longer required.
This section does not authorize the destruction of:
(a)CA Government Code § 34090(a) Records affecting the title to real property or liens thereon.
(b)CA Government Code § 34090(b) Court records.
(c)CA Government Code § 34090(c) Records required to be kept by statute.
(d)CA Government Code § 34090(d) Records less than two years old.
(e)CA Government Code § 34090(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.

Section § 34090.5

Explanation

This law allows city officers to destroy original public records without needing approval, as long as they make an accurate and permanent copy of the records first. These records must be reproduced using a method like photography or digital recording that prevents changes to the original. The reproductions must be as easy to access as the originals and an archival-quality copy must be stored safely. Records that can't be fully reproduced must be kept intact and easily accessible.

The reproductions are considered as valid as the original records, and certified copies of these reproductions are accepted as originals.

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)CA Government Code § 34090.5(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)CA Government Code § 34090.5(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)CA Government Code § 34090.5(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)CA Government Code § 34090.5(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.

Section § 34090.6

Explanation

This section of the law explains when certain recordings made by city departments can be destroyed. If a department has video recordings from regular monitoring, they can be destroyed after a year. Recordings of phone and radio communications can be destroyed after 100 days. However, destruction of these recordings requires approval from the city council and written consent from the city attorney. They also need to be kept if they are part of any evidence in a legal claim or ongoing court case. The law also defines what types of recordings are covered, such as in-car video systems or routine daily communication recordings made by city departments.

(a)CA Government Code § 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)CA Government Code § 34090.6(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)CA Government Code § 34090.6(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)CA Government Code § 34090.6(d) For purposes of this section, “department” includes a public safety communications center operated by the city or city and county.

Section § 34090.7

Explanation

This law allows a city's legislative body to create a procedure to destroy duplicate city records that are less than two years old, as long as they are no longer needed. This includes video recordings, which are considered duplicates if there is another record of the same event, like written minutes or an audio recording. However, video recordings cannot be erased or destroyed until at least 90 days have passed since the event was recorded.

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.

Section § 34090.8

Explanation

This law requires that when a city-operated transit agency in California installs new security systems, the equipment must store recorded images for at least one year. However, if the agency cannot find technology capable of one-year storage that's both economically and technologically feasible, they should buy the best available option.

Additionally, video recordings by transit security systems need to be kept for one year, unless they are part of ongoing legal cases or incident reports, in which case, they should be kept until those situations are resolved. If the security system was installed before 2004, or it meets the exceptions mentioned, recordings should be kept for as long as the technology supports.

(a)CA Government Code § 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)CA Government Code § 34090.8(a)(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)CA Government Code § 34090.8(a)(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)CA Government Code § 34090.8(a)(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)CA Government Code § 34090.8(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)CA Government Code § 34090.8(b)(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)CA Government Code § 34090.8(b)(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)CA Government Code § 34090.8(b)(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.

Section § 34091

Explanation

This law allows a city's legislative body to authorize payment for the necessary expenses involved in creating a new city charter. These expenses are considered city charges, and the legislative body can allocate funds for them.

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.

Section § 34091.1

Explanation

This law allows a city's legislative body to decide on adopting or changing the name of a city street by passing a resolution. If they believe a street's name should be chosen or altered, they have the authority to officially make the change.

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.

Section § 34092

Explanation

When a city or authority decides to change the name of any street, boulevard, park, or place, or if they change the house numbers, the city clerk must quickly send a copy of the change to the county's board of supervisors.

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.

Section § 34093

Explanation

This section explains what is meant by a 'petition' in the context of city governance. It includes various types of petitions required for starting legal proceedings, like those for new city initiatives, city mergers, or city dissolutions.

A person who misrepresents or lies about what's in a petition to someone signing it, or about to sign it, can face fines up to $500 or up to six months in jail, or both. The same punishment applies to anyone who circulates a petition with fake or forged names.

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 a 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 a 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 a fine and imprisonment, who circulates or causes to be circulated any petition knowing it to contain false, forged, or fictitious names.

Section § 34095

Explanation

This law states that a city cannot give credit for service to an elected official if they haven't actually performed that service, nor can a city pay into retirement funds for such unperformed service. However, an elected official can still choose to earn credit for service by paying their own contributions to the retirement system, as long as it's allowed by the system's rules.

(a)CA Government Code § 34095(a) Notwithstanding any other provision of law:
(1)CA Government Code § 34095(a)(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)CA Government Code § 34095(a)(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)CA Government Code § 34095(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.