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1999 08 03 FAU y�CFM OF La Quinta Financing Authority Agenda City Council Chamber 78-495 Calle Tampico La Quinta, California 92253 August 3, 1999 2:00 PM Beginning Res. No. FA 99-03 a. Roll Call • M' 111PORK91 APPROVAL OF MINUTES a. Approval of Minutes of July 20, 1999 1. ADOPTION OF RESOLUTION APPROVING A RECORDS RETENTION PROGRAM. BUSINESS SESSION - None DEPARTMENT REPORTS - None CHAIR AND BOARD MEMBERS' ITEMS - None PUBLIC HEARINGS - None ADJOURNMENT DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, Secretary of the La Quinta Financing Authority, do hereby declare that the foregoing agenda for the La Quinta Financing Authority meeting of August 3, 1999 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce on Friday, July 30, 1999 Dated: July 30, 1999 2t'l= L. JUHOLA, Secretary La Quinta Financing Authority Page 2 R3 T4'!t 4 4 Q" August 3, 1999 COUNCIL/RDA MEETING DATE: ITEM TITLE: Adoption of Resolution Approving the "Local Government Records Retention Guidelines" as the Authority's Records Retention Policy RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: That the Authority Board adopt a resolution adopting the "Local Government Records Retention Guidelines" by reference as the Authority's Records Retention Policy. FISCAL IMPLICATIONS: None BACKGROUND AND OVERVIEW: On July 20, 1999, the City Council adopted the attached "Local Government Records Retention Guidelines" by reference as the City's Records Retention Policy. It is being recommended that the Board adopt the same document as its' policy. (Please see Redevelopment Agency Agenda Consent Item No. 3 for copy of policy.) FINDINGS AND ALTERNATIVES 1. That the Board adopt a resolution adopting the "Local Government Records Retention Guidelines" by reference as the Authority's records retention policy; or 2. Provide staff with further direction. Res ctfully submitted by AUNDRA L. JUFTOLA, Secretary 3 RESOLUTION NO. 99- A RESOLUTION OF THE BOARD OF THE LA QUINTA FINANCING AUTHORITY, ESTABLISHING A RECORDS RETENTION SCHEDULE FOR THE DEPARTMENTS AND OFFICES OF THE AUTHORITY AND APPROVING DESTRUCTION OF RECORDS IN ACCORDANCE HEREWITH WHEREAS, except for records less than two years old and certain other records, Government Code Section 34090 authorizes the head of the agency departments to destroy any agency record, document, instrument, book or paper under his or her charge, without making a copy thereof, after the same is no longer required, with the approval of the City Council by resolution and written consent of the City Attorney; and WHEREAS, the Authority Board desires to establish a retention schedule for records under the control of the executive officers in charge of various Authority/City departments and offices and to approve destruction of records in accordance therewith. WHEREAS, the State of California is in the process of adopting a recommended draft of a records retention schedule for use by municipalities; and WHEREAS, the Authority Board believes there are benefits of ease of administration to adopting said draft schedule. NOW, THEREFORE, BE IT RESOLVED by the Board of the La Quinta Financing Authority does hereby resolve as follows: 1. Definitions For purposes of this resolution, the following terms shall have the following meanings: "Department" means an agency, department or office of the administrative staff of the La Quinta Financing Authority/City of La Quinta. "Department head" means the executive officer in charge of a department. "Original" means the initial production of a record in its final form. It does not include preliminary drafts or subsequent photocopies. In the case of a signed document, the original is the document which was actually signed by the person or persons signing the document. S- Resolution No. 99- Page 2 "Public records" are writings in the custody of the La Quinta Financing Authority/City of La Quinta and containing information relating to the conduct of the business of the La Quinta Financing Authority/City of La Quinta. "Public record" does not include transitory writings. "Transitory writing" is a writing having no reason for retention after the purpose for which it was created has expired, such as routing slips, notices of meetings or events, writings retained solely for tickler, suspense or follow-up purposes, preliminary writings, computer print-outs, temporary draft blueprints, which are produced solely for temporary purposes, and the like. "Writing" means a document in written or printed form. 2. Purpose The purposes of this resolution are as follows: a. To assure public records are not destroyed while they still serve a useful purpose. b. To avoid the loss of room and shelf space caused by the retention of public records which no longer serve a useful purpose. C. To provide guidelines to Authority/City staff as to when public records may safely be destroyed. d. To avoid the necessity of requesting Authority Board approval for each individual case of public records destruction. 3. Scope a. This resolution is limited to originals of public records, except as otherwise provided in subsection "b" of this section. The department heads are authorized to establish rules or schedules for the destruction of copies of public records held within their respective departments which are not originals or copies subject to subsection "b" of this section. 0 Resolution No. 99- Page 3 b. Whenever the original of a public record is sent to a location outside the custody of the Authority/City (as, for example, correspondence for a Authority/City officer or employee to a person outside of the Authority/City government), one copy of that record shall be retained by the department sending the record as if it were the original of that record. C. This resolution is also limited to public records which are in the form of writing on paper or microfilm. d. Individual departments may adopt a policy of retaining documents for additional time if approved by the Executive Director. e. Where two guidelines appear to conflict, the longer of the two time requirements shall be applicable. f. Under the Development section "Building Construction" all permits and final plans for such construction shall be kept permanently, however, the final plans of said construction for residential non PUD development under two stories need not be retained more than CL+2. 4. Authorization for destruction of records a. The draft State Local Government Records Retention Guidelines, with the exception of those relating to police and fire, attached hereto as Exhibit "A", providing retention schedules for various types of public records, are hereby incorporated by reference herein. Subject to the provision of subsection "b" of this section, each department head may authorize the destruction of the public record or class of public records which is within the custody of his or her department and which is listed in the exhibits at any time after the time specified for retention of that record in the exhibits has expired. This resolution constitutes the consent of the Authority Board for the destruction of the public records in accordance with such retention schedules, and no further resolution of the Authority Board shall be required for such destruction. b. Prior to authorizing the destruction of any public record, the department head shall submit a list of the records proposed for destruction to the Authority's Legal Counsel for his or her consent to such destruction. The Authority's Legal Counsel may require the retention of any public record or class of public records beyond the period established for the retention of such records by the exhibits to this resolution, whenever, in his or her opinion, the continued maintenance of such records is in the best interest of the Authority/City. No record shall be destroyed without the written consent of the Authority's Legal Counsel. Resolution No. 99- Page 4 PASSED, APPROVED and ADOPTED this 31 day of August, 1999 by the following vote: AYES: NOES: ABSENT: JOHN J. PENA, Chairman La Quinta Financing Authority ATTEST: SAUNDRA L. JUHOLA, Secretary La Quinta Financing Authority APPROVED AS TO FORM: DAWN C. HONEYWELL, Authority Counsel La Quinta Financing Authority 0