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Home My WebLink AboutRES CC 2020 3948 2020 0916 RESOLUTION NO. 2020-3948 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS (UNSUCCESSFUL FIRST TIME HOMEBUYER PROGRAM APPLICATIONS FROM 2006 TO 2016) ON FILE IN THE COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, Government Code Section 34090 authorizes the head of a City department to destroy certain City records with the approval of the legislative body by resolution and written consent of the City Attorney after the records are no longer required to be retained, unless another law imposes a different process; 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; (e) The minutes, ordinances, or resolutions of the legislative body or of a city board or commission; and WHEREAS, the California Secretary of State's Local Government Records Management Guidelines, dated February 2006, (CLGRMG) recommends retaining Low/Moderate Housing Program records for three (3) years following closure; and WHEREAS, the approved City of Moorpark Records Retention Schedule (MRRS) does not provide a more specific retention period for the City records proposed for destruction in Exhibit "A"; and WHEREAS, other federal or state law does not affect the record retention period for the City records proposed for destruction in Exhibit "A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that the records set forth in Exhibit "A", attached hereto, are older than the applicable retention period required by state law (including Government Code Section 34090) and federal law , are older than the applicable retention period recommended by the CLGRMG and the MRRS. Further, the City Council finds that the records listed in Exhibit "A" are not currently subject to a legal hold that would otherwise prohibit their destruction. SECTION 2. The City Council further finds that the records do not affect title to real property or liens thereon, are not court records, are not minutes, ordinances or resolutions of the City Council or any board or commission of the City; and are not records required to be kept by statute. Resolution No. 2020-3948 Page 2 SECTION 3. "Legal Hold", as used herein, refers to the duty of the City to preserve and not destroy any records that are potentially relevant to any of the following in which the City may be involved: a reasonably anticipated claim or litigation; an ongoing claim or litigation; a pending employee grievance; a pending regulatory or governmental investigation; a pending subpoena; a pending Public Records Act request, a pending audit, or similar legal matter. Any records subject to a Legal Hold must be preserved in all forms in which the record exists, including both paper and electronic formats. SECTION 4. The City Council also finds that the City Clerk, Community Development Director, and the City Attorney have given written consent to the destruction of said records, as shown on Exhibit "A" of this resolution. SECTION 5. The City Council hereby authorizes the destruction of, and authorizes the City Clerk to destroy, the City records listed in Exhibit "A". SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 16th day of September, 2020. -{j..../ /Y-(-)C(..4A 7/ 1 Jani e S. Parvin, Mayor ATTEST: PRK C14. O�♦09 4111111or 401. Ky Spa ler, City rk7__. . D.0 A i m 4 b.%..... °TIP 41111011: A Attachment: Exhibit "A" "b,. �4'` ^ Resolution No. 2020-3948 Page 3 EXHIBIT "A" CONSENT FOR RECORDS DESTRUCTION California Government (GC) Code, Section 34090, California Local Government Records Management Guidelines (CLGRMG), and City of Moorpark Records Retention Schedule (MRRS) DESCRIPTION DATES OF RETENTION CITATION RECORDS TO RECOMMENDATION (For longest BE DESTROYED retention period) First Time 2006 — 2016 Closed + 3 Years CLGRMG: Homebuyer Program files: Unsuccessful Applications Consent to Destruction: Ky Sp.O•l , Ci Jerk Department Head Authorization: I certify that the records on the above list are no longer required, are eligible for destruction, and do not have to be retained based upon any record retention requirements imposed by any statute or law, or pursuant to a grant received by the City or a bond issued by the City, and are not related to or potentially relevant to any of the following in which the City may be involved: a reasonably anticipated claim or litigation, an ongoing claim or litigation, a pending employee grievance, a pending regulatory or governmental investigation, a pending subpoena, a pending Public Records Act request, a pending audit, or similar legal matter. I recommend that said records be destroyed. Karen Vaughn, Community Develoiment Director Attorney Authorization: I do hereby certify that I am the City Attorney for the City of Moorpark, I have reviewed the above list of records and based upon the representations made herein by the department head, agree that the above-mentioned records are not records required to be kept by statute or law, provided destruction thereof has been approved by the City Council. My review has been limited to the descriptions contained on the list and did not involve review of the actual records. Based on the foregoing, I consent to the destruction of the above-mentioned records. GG'e.Avd--A Kevin Ennis, City Attorney Resolution No. 2020-3948 Page 4 FIRST TIME HOMEBUYER PROGRAM UNSUCCESSFUL APPLICATION RECORD COUNT 2006 THROUGH 2016 Application Date Close of Eligibility Unsuccessful Application Count June 2006 February 2007 7 March 2009 December 2009 21 February 2014 November 2014 17 November 2014 March 2015 9 March 2015 August 2015 6 August 2015 October 2015 18 October 2015 November 2015 9 November 2015 April 2016 9 September 2016 November 2016 3 Resolution No. 2020-3948 Page 5 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2020-3948 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 16th day of September, 2020, and that the same was adopted by the following vote: AYES: Councilmembers Enegren, Mikos, Pollock, Simons, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 16th day of September, 2020. 5 Ky S ger, Clerk (seal) 411100. 1 9 iOrto: 441 14 o • J 1)t'�