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Home My WebLink AboutRES CC 2022 4127 2022 0907 RESOLUTION NO. 2022-4127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS (1099 FILES) ON FILE IN THE FINANCE DEPARTMENT WHEREAS, Government Code Section 34090 authorizes the head of a City department to destroy 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 retention duration required by the approved City of Moorpark Records Retention Schedule (MRRS) is utilized to determine retention periods for records maintained by the City for record series' expressly identified in the MRRS; and WHEREAS, the retention period required by the MRRS for 1099 Files is five (5) years following closure or completion and cites Government Code Section 34090 as authority; and WHEREAS, records currently held by the City of Moorpark and listed on Exhibit "A" are no longer required and need not be retained as provided for in the approved City of Moorpark Records Retention Schedule, the Secretary of State's Local Government Records Management Guidelines and/or state and federal law, and are proposed for destruction. 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 (Government Code Section 34090) and are older than the applicable retention period recommended by the California Local Government Records Management Guidelines, and the City of Moorpark's approved Retention Schedule listing of the type of record series. Further, the City Council finds the listed records 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. 2022-4127 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 Attorney, Finance Director, and the City Clerk have given written consent to the destruction of said records, as shown on this draft 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 7th day of September, 2022. J nice S. Parvin, Mayor ATTEST: c� 4'4"A°4114111111,1 Ky Spang r, e y k (41 4:1rFo 3u�4 Attachment: Exhibit "A" — Listing of Records to be Destroyed Resolution No. 2022-4127 Page 3 EXHIBIT "A" CONSENT FOR RECORDS DESTRUCTION California Government Code (GC), Section 34090, and City of Moorpark Records Retention Schedule(MRRS) DESCRIPTION DATES OF RETENTION CITATION RECORDS RECOMMENDATION (For longest TO BE retention period) DESTROYED 1099 Files 1996 - 2016 5 Years MRRS: GC § 34090 Consent to Destruction: Ky Sp gler, C Clerk 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. Consent to Destruction: Vivien Avella, Finance 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, consent to the destruction of the above-mentioned records. Consent to Destruction: Kevin Ennis, City Attorney Resolution No. 2022-4127 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. 2022-4127 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 7th day of September, 2022, and that the same was adopted by the following vote: AYES: Councilmembers Castro, Enegren, Groff, and Mayor Parvin NOES: None ABSENT: Councilmember Pollock ABSTAIN: None WITNESS my hand and the official seal of said City this 8th day of September, 2022. 14 Ky Sp ler, Ci lerk (seal) 4P & Cq 2 Irrel."41:44 tor 4Ng. p.1 4r.Q ,V