HomeMy WebLinkAboutRES CC 2020 3972 2020 1104 RESOLUTION NO. 2020-3972
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CERTAIN CITY RECORDS
(PARKING CITATION APPEALS AND ADMINISTRATIVE
HEARINGS) ON FILE IN THE PUBLIC WORKS
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 approved City of Moorpark Records Retention Schedule (MRRS)
and the California Secretary of State's Local Government Records Management
Guidelines, dated February 2006, (CLGRMG) do not specifically note the retention for
Parking Citation Appeal and Administrative Hearing records; and
WHEREAS, other federal or state law do 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. 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.
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.
Resolution No. 2020-3972
Page 2
SECTION 4. The City Council also finds that the City Manager, Department
Head, City Clerk 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 4th day of November, 2020.
R
6Ja ice S. Parvin, Mayor
ATTEST:
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Ky Span k( 'r, ity C erk
Attachment: Exhibit "A" .4
Resolution No. 2020-3972
Page 3
EXHIBIT "A"
CONSENT FOR PAPER AND ELECTRONIC 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)
Parking Citation 2007 – 2017 Current + 2 Years GC § 34090
Appeals and
Administrative
Hearings
Consent to Destruction:
Ky Span9 r, City Cl fk
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.
1)(6" —
Karen Vaughn, Interim Deputy Ci Manager
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.
Kevin Ennis, City Attorney
Resolution No. 2020-3972
Page 4
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. 2020-3972 was adopted by
the City Council of the City of Moorpark at a regular meeting held on the 4th day of
November, 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 4th day of November,
2020.
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Ky SpAtIgler, City Clerk
(seal)
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