HomeMy WebLinkAboutRES CC 2012 3108 2012 0516 RESOLUTION NO. 2012-3108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CERTAIN RECORDS (FILM PERMIT
RECORDS: CORRESPONDENCE, APPLICATIONS,
PERMITS, AGREEMENTS) ON FILE IN THE
ADMINISTRATIVE SERVICES DEPARTMENT
WHEREAS, Government Code Section 34090, authorizes the destruction of
City records, 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 his charge,
without making a copy thereof, after the same is no longer required, 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 adopted City of Moorpark Records Retention Schedule
authorizes the retention of Agreements/Contracts to be closed plus 10 years, pursuant
to the California Code of Civil Procedure Section 337.15, which exceeds the terminated
plus 5 year retention required by the California Local Government Records
Management Guidelines; and
WHEREAS, applicable to the proposed record destruction, the California Code
of Civil Procedure Section 337.15, states no action may be brought to recover damages
from any person who develops real property or performs or furnishes the design,
specifications, surveying, planning, supervision, testing, or observation of construction
or construction of an improvement to real property more than 10 years after the
substantial completion of the development or improvement, and the 10-year period shall
commence upon substantial completion of the improvement, but not later than the date
of use or occupation of the improvement, as applicable to the proposed record to be
destroyed; and
WHEREAS, the Code of Federal Regulations does not include a citation for this
record series.
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 periods required by State law
(Government Code Section 34090 and California Code of Civil Procedure Section
337.15), the California Local Government Records Management Guidelines, and the
City of Moorpark's adopted Retention Schedule.
Resolution No. 2012-3108
Page 2
SECTION 2. The records do not affect title to real property or liens thereon, are
not court records or matters of pending or threatened litigation, 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. The City Council also finds that the City Attorney and the City Clerk
have given written consent to the destruction of said records, as shown on Exhibit "A".
SECTION 4. The City Council hereby authorizes the City Clerk to destroy the
City Records listed in Exhibit "A".
SECTION 5. 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 May, 2012.
a S. Parvin, Mayor
ATTEST:
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Maureen Benson, City Clerk
Attachment: Exhibit "A" -
40
9
rED
Resolution No. 2012-3108
Page 3
EXHIBIT "A"
RECORDS DESTRUCTION CONSENT
Citations Sources:
Code of Federal Regulations: None Applicable
California Government (GC) Code, Section 34090, et. seq.
California Code of Civil Procedure, Section 337.15
California Local Government Records Management Guidelines (CLGRMG)
City of Moorpark Records Retention Schedule (MRRS)
DESCRIPTION DATES OF RETENTION CITATION
RECORDS REQUIREMENT (For longest
(YEARS) retention
period)
Correspondence and Supporting September 1984 to Expiration plus 2 MRRS
Data, Related to Film Permits and October 1984; Years
Filming December 1984;
September 1985;
May 1986 to June
1986; May 1987 to
June 1987;
September 1987;
November 1987;
February 1988;
August 1988;
February 1989 to
May 1989; February
1990 to May 1990;
July 1990 to August
1990; August 2002
Film Permits: Applications/ June 1986; August Expiration plus 2 MRRS
Commercial Motion Picture/ 1986; June 1987; Years
Still Photography Permits September 1987;
April 1989; February
1990 to April 1990
Release of all Claims and Hold November 1987 Closed plus 10 MRRS
Harmless Agreement, Related to Years
Film Permits
Approved for Destruction: I �J
Deborah S. Traffenstedt,'Ddputy City Manager
Consent to Destruction: I���z 4,
Joseph M. on s, City Attorney
Maureen Benson, City Clerk
Resolution No. 2012-3108
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Resolution No. 2012-3108 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
16th day of May, 2012, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 31 st day of May, 2012.
Maureen Benson, City Clerk
(seal)
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