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Home My WebLink AboutRES CC 2013 3172 2013 0403 RESOLUTION NO. 2013-3172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS (CALENDARS, CERTIFICATE AND PROCLAMATION RECORDS AND RELATED CORRESPONDENCE, MANAGEMENT MEETING AGENDAS AND ATTACHMENTS, MONTHLY DEPARTMENTAL REPORTS TO CITY MANAGER, AND TELEPHONE MESSAGE PADS) ON FILE IN THE ADMINISTRATIVE SERVICES 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 the written consent of the city attorney after the records are no longer required, 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 sets forth the applicable retention period in accordance with Government Code Section 34090 for Departmental Reports and Telephone Message Pads; and WHEREAS, the approved City of Moorpark Records Retention Schedule does not specifically provide the retention period for the following record series: Calendars, Certificate and Proclamation Records and Related Correspondence, and Management Meeting Agendas; and WHEREAS, the California Local Government Records Management Guidelines (CLGRMG) recommend certain retention periods for City Calendars; Policy, Procedure, and/or Organization Meeting Agendas; and Departmental Reports, and City staff is recommending retention periods consistent with CLGRMG guidance; and WHEREAS, neither the California Code of Civil Procedure nor the Code of Federal Regulations affect the record retention period for the listed 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 period required by State law (Government Code Section 34090), older than the applicable retention period recommended by the California Local Govemment Records Management Guidelines, and to the extent included in the City of Moorpark's adopted Retention Schedule, are older than Resolution No. 2013-3172 Page 2 the applicable retention period for their record series, and are not currently subject to a legal hold. SECTION 2. "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 3. The City Council further finds that 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 4. 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 5. The City Council hereby approves 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 3rd day of April, 2013. Aiv2'Yv� J"iceS.!Wakvin, Mayor ATTEST: rte,. ~tics T Maureen Benson, City Clerk �4 Attachment: Exhibit "A" Resolution No. 2013-3172 Page 3 EXHIBIT "A" RECORDS DESTRUCTION CONSENT Citations Sources: Code of Federal Regulations: None Applicable California Code of Civil Procedure: None Applicable California Government (GC) Code, Section 34090, et. seq. 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) Calendars, Large Conference 2009 -2010 Current + 2 Years CLGRMG Room Calendars, Small Conference 2009 -2010 Current + 2 Years CLGRMG Room Correspondence Related to 2009 -2010 Current + 2 Years GC § 34090 Certificates and Proclamations, paper and electronic files (Requested of City/issued by City) Electronic files for: Certificates of 2009 - 2010 Current + 2 Years GC § 34090 Recognition; Certificates of Commendation and Proclamations (Issued by City) Management Meeting Agendas 2008 - 2010 Current + 2 Years CLGRMG and Attachments Reports to City Manager ( Monthly 2008 - 2010 Current + 2 Years CLGRMG by Departments) Telephone Message Pads, City 2009 - 2010 Current + 2 Years MRRS Clerk's Division and City Manager Consent to Destruction: Maureen Benson, City 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. Signature: Print Name: Deborah S. Traffenstedt Title: Deputy City Manager Resolution No. 2013-3172 Page 4 City 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. Signature: Print Name: Kevin Ennis Title: City Attorney Resolution No. 2013-3172 Page 5 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. 2013-3172 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 3rd day of April, 2013, 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 29th day of May, 2013. Maureen Benson, City Clerk (seal) � h