HomeMy WebLinkAboutAGENDA REPORT 2014 1217 CCSA REG ITEM 10F ITEM 10.F.
CITY OF MOORPARK,O IFO I
City Council Meeting
f
ACTION:
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Maureen Benson, City Clerk tihifr-
DATE: November 3, 2014 (CC Meeting of 12/17/2014)
SUBJECT: Consider Resolution Authorizing the Destruction of City Records for
Legal/Legislative and Election Newspaper Advertising on File in the
Administrative Services Department
BACKGROUND
Staff is requesting authorization to destroy certain legal/legislative newspaper advertising
for the years 1984 through 2008 and election advertising for the years 1989 through 2009,
on file in the Administrative Services Department.
The City previously considered a retention period for legal/legislative advertising, but not for
election advertising. When determining a retention period for a record series that has not
been previously scheduled for retention, the City considers a number of factors, including
whether the records may be useful in certain types of litigation and therefore will retain the
records for the applicable statute of limitations period set forth in the California Code of
Civil Procedure. Additionally, the City will review federal law and regulations to determine
whether those laws or regulations impact the length of time a record should be retained.
Finally,the City will consider recommendations made by the California Secretary of State's
Local Government Records Management Guidelines.
The California Secretary of State's Local Government Records Management Guidelines
recommend retaining legal/legislative advertising from current year plus four(4) years; and
references the following citations as the retention requirement for the records proposed for
destruction in Exhibit A: Code of Civil Procedures Sections 343, and 349 et seq;
Government Code Sections 911 .2 and 34090.
The California Secretary of State's Local Government Records Management Guidelines
recommend retaining election advertising including notices and publications from election
plus two (2) years; and references the following citation as the retention requirement for the
records proposed for destruction in Exhibit A: Government Code Section 34090.
127
Honorable City Council
December 17, 2014, Regular Meeting
Page 2
The approved City of Moorpark Records Retention Schedule recommends retaining
affidavits of postings and/or mailing, proof of publications for five (5) years. In
recommending that retention period, staff considered the following laws: California Code
of Civil Procedure Sections 343, 349 et seq., 1094.5 and 1094.6; Government Code
Sections 911.2, 911.4, 34090, and 65009; and Public Resources Code Section 21167.
The approved City of Moorpark Records Retention Schedule does not make a
recommendation related to election advertising including notices and publications. For that
reason, staff recommends following the California Secretary of State's Local Government
Records Management Guidelines, which sets retention for those records at election plus
two (2) years.
DISCUSSION
The records proposed for destruction are listed on Exhibit A to the attached resolution, all
such records meet or exceed required retention periods, and the applicable retention
periods are included for reference. The records recommended for destruction are
Legal/Legislative Newspaper Advertising including: 1) Certain listed Affidavits of Posting
and/or Mailing, Proof of Publications, Public Notices, and Copies of Newspaper Notices;
and 2) Election Newspaper Advertising with affidavit of posting including: Appointment of
Precinct Offices and Polling Places, Ballot Arguments and Amended Notices of Ballot
Arguments, Election and Central Counting Place, Intent to Circulate Petition, Nominees for
Public Office, Notices of Polling Places and Precinct Board Members, Notices for Special
Election and Central Counting Place, and Notice of Resolutions Calling for Special
Election. Destruction of the records listed in Exhibit A has been approved and consented
to by the City Attorney, Deputy City Manager, and City Clerk.
FISCAL IMPACT
The destruction of the specified records noted in the attached draft resolution will not
create an expense and will eliminate the cost to store records which have met their
retention.
STAFF RECOMMENDATION
Adopt Resolution No. 2014-_.
Attachment: Draft Resolution
128
RESOLUTION NO. 2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CERTAIN RECORDS
(LEGAULEGISLATIVE ADVERTISING FOR THE YEARS 1984
THROUGH 2008 AND ELECTION ADVERTISING FOR THE
YEARS 1989 THROUGH 2009) 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 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 California Local Government Records Management Guidelines
recommend retaining the legal/legislative advertising from current year plus four (4) years
and references the following citations as the retention requirement for the records
proposed for destruction in Exhibit A: Code of Civil Procedures Sections 343 and 349 et
seq; and Government Code Sections 911.2 and 34090; and
WHEREAS, the California Local Government Records Management Guidelines
recommend retaining election advertising including notices and publications from the date
of the election plus two (2) years and references the following citations as the retention
requirement for the records proposed for destruction in Exhibit A: Government Code
Section 34090; and
WHEREAS, the approved City of Moorpark Records Retention Schedule
recommends retaining proof of publication of public notices for five (5) years; and
WHEREAS, the approved City of Moorpark Records Retention Schedule does not
make a recommendation on the retention of election advertising including notices and
publications; and
WHEREAS, federal laws does not 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 periods required by State law
129
Resolution No. 2014-
Page 2
(Government Code Section 34090), are older than the applicable retention period
recommended by the California Local Government Records Management Guidelines,; and
are not currently subject to a legal hold. Further, the City Council finds that the proof of
publication of public notice records are older than the retention period recommended by
the City of Moorpark Records Retention Schedule; and that the election advertising
records are not listed on the approved City of Moorpark Records Retention Schedule.
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; and 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 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 4. The City Council also finds that the City Attorney, Deputy City
Manager, 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 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 December, 2014.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit "A"
130
Re
s
o
l
u
t
i
o
n
No
.
20
1
4
-
Pa
g
e
3
EX
H
I
B
I
T
"A
"
CO
N
S
E
N
T
FO
R
RE
C
O
R
D
S
DE
S
T
R
U
C
T
I
O
N
Co
d
e
of
Fe
d
e
r
a
l
Re
g
u
l
a
t
i
o
n
s
:
(N
o
n
e
ap
p
l
i
c
a
b
l
e
)
Ca
l
i
f
o
r
n
i
a
Co
d
e
of
Ci
v
i
l
Pr
o
c
e
d
u
r
e
33
7
et
se
q
.
,
34
3
,
34
9
,
34
9
.
4
et
se
q
.
,
10
9
4
.
5
an
d
10
9
4
.
6
;
Ca
l
i
f
o
r
n
i
a
Go
v
e
r
n
m
e
n
t
Co
d
e
Se
c
t
i
o
n
911.2, 911.4, 34090, and
65
0
0
9
;
an
d
Pu
b
l
i
c
Re
s
o
u
r
c
e
s
Co
d
e
Se
c
t
i
o
n
21
1
6
7
1-
-
'
w
1-
-
'
Ca
l
i
f
o
r
n
i
a
Lo
c
a
l
Go
v
e
r
n
m
e
n
t
Re
c
o
r
d
s
Ma
n
a
g
e
m
e
n
t
Gu
i
d
e
l
i
n
e
s
(C
L
G
R
M
G
)
.
DE
S
C
R
I
P
T
I
O
N
DA
T
E
OF
RE
T
E
N
T
I
O
N
RE
C
O
R
D
S
TO
BE
RE
Q
U
I
R
E
M
E
N
T
DE
S
T
R
O
Y
E
D
(Y
E
A
R
S
)
LE
G
A
L
/
L
E
G
I
S
L
A
T
I
V
E
AD
V
E
R
T
I
S
I
N
G
in
c
l
u
d
i
n
g
:
Ma
r
c
h
01
,
19
8
4
5
Ye
a
r
s
1)
Ne
w
s
p
a
p
e
r
Ad
s
wi
t
h
Af
f
i
d
a
v
i
t
of
Po
s
t
i
n
g
an
d
/
o
r
Af
f
i
d
a
v
i
t
th
r
o
u
g
h
of
Ma
i
l
i
n
g
-
Pu
b
l
i
c
No
t
i
c
e
s
fo
r
:
Ad
o
p
t
i
o
n
of
Ho
u
s
i
n
g
Re
p
l
a
c
e
m
e
n
t
Pl
a
n
De
c
e
m
b
e
r
31
,
2
0
0
8
An
n
o
u
n
c
e
m
e
n
t
s
fo
r
Pu
b
l
i
c
In
s
p
e
c
t
i
o
n
of
Fl
o
o
d
In
s
u
r
a
n
c
e
Ra
t
e
Ma
p
s
Av
a
i
l
a
b
i
l
i
t
y
fo
r
Re
v
i
e
w
of
Dr
a
f
t
EI
R
Aw
a
r
d
of
Co
n
t
r
a
c
t
s
Ca
n
c
e
l
e
d
Me
e
t
i
n
g
Ci
t
y
Co
u
n
c
i
l
Co
m
m
i
t
t
e
e
/
C
o
m
m
i
s
s
i
o
n
Re
c
r
u
i
t
m
e
n
t
s
In
t
e
n
t
to
Ad
o
p
t
Mi
t
i
g
a
t
e
d
De
c
l
a
r
a
t
i
o
n
s
/
N
e
g
a
t
i
v
e
De
c
l
a
r
a
t
i
o
n
s
In
v
i
t
a
t
i
o
n
fo
r
Bi
d
s
/
S
e
a
l
e
d
Bi
d
s
/
B
i
d
Au
c
t
i
o
n
s
/
C
o
m
b
i
n
e
d
Bi
d
Pr
o
j
e
c
t
s
an
d
Ad
d
e
n
d
u
m
s
Le
g
a
l
De
s
c
r
i
p
t
i
o
n
of
Ri
g
h
t
-
o
f
Wa
y
Re
l
i
n
q
u
i
s
h
m
e
n
t
s
Pu
b
l
i
c
He
a
r
i
n
g
s
/
C
o
n
t
i
n
u
e
d
Pu
b
l
i
c
He
a
r
i
n
g
s
/
M
e
e
t
i
n
g
s
/
Sp
e
c
i
a
l
Me
e
t
i
n
g
s
/
T
o
w
n
Ha
l
l
Me
e
t
i
n
g
s
/
Wo
r
k
s
h
o
p
s
Pu
b
l
i
c
Me
e
t
i
n
g
s
(P
A
C
in
bo
t
h
En
g
l
i
s
h
an
d
Sp
a
n
i
s
h
)
Re
v
i
e
w
Pe
r
i
o
d
fo
r
Ne
g
a
t
i
v
e
De
c
l
a
r
a
t
i
o
n
s
2)
Ne
w
s
p
a
p
e
r
Ad
s
wi
t
h
Af
f
i
d
a
v
i
t
of
Po
s
t
i
n
g
fo
r
An
n
u
a
l
Re
p
o
r
t
of
Fi
n
a
n
c
i
a
l
Tr
a
n
s
a
c
t
i
o
n
s
3)
Ne
w
s
p
a
p
e
r
Ad
s
wi
t
h
Af
f
i
d
a
v
i
t
of
Po
s
t
i
n
g
fo
r
Co
n
s
o
l
i
d
a
t
e
d
St
a
t
e
m
e
n
t
of
As
s
e
t
s
,
Li
a
b
i
l
i
t
i
e
s
an
d
Fu
n
d
Ba
l
a
n
c
e
s
/
W
o
r
k
i
n
g
Ca
p
i
t
a
l
CITATION (For longest retention period) MRRS
Re
s
o
l
u
t
i
o
n
No
.
20
1
4
-
Pa
g
e
4
I
-
'
w
(\
.
.
.
)
DE
S
C
R
I
P
T
I
O
N
LE
G
A
L
/
L
E
G
I
S
L
A
T
I
V
E
AD
V
E
R
T
I
S
I
N
G
in
c
l
u
d
i
n
g
(c
o
n
t
i
n
u
e
d
)
5)
Ne
w
s
p
a
p
e
r
Ad
s
wi
t
h
Af
f
i
d
a
v
i
t
of
Po
s
t
i
n
g
fo
r
Ho
u
s
i
n
g
Re
h
a
b
i
l
i
t
a
t
i
o
n
Lo
a
n
Pr
o
g
r
a
m
No
t
i
c
e
of
Co
n
t
r
a
c
t
o
r
So
l
i
c
i
t
a
t
i
o
n
6)
Ne
w
s
p
a
p
e
r
Ad
s
wi
t
h
Af
f
i
d
a
v
i
t
of
Po
s
t
i
n
g
fo
r
Pr
o
p
o
s
a
l
s
Se
e
k
i
n
g
Au
d
i
t
i
n
g
Se
r
v
i
c
e
s
7)
Ne
w
s
p
a
p
e
r
Ad
s
wi
t
h
Af
f
i
d
a
v
i
t
of
Po
s
t
i
n
g
fo
r
Re
q
u
e
s
t
s
fo
r
Ge
n
e
r
a
l
Co
n
t
r
a
c
t
o
r
Pr
e
-
Q
u
a
l
i
f
i
c
a
t
i
o
n
s
8)
Ne
w
s
p
a
p
e
r
Ad
s
wi
t
h
Af
f
i
d
a
v
i
t
of
Po
s
t
i
n
g
fo
r
Re
q
u
e
s
t
s
fo
r
Pr
o
p
o
s
a
l
9)
Ne
w
s
p
a
p
e
r
Ad
s
wi
t
h
Af
f
i
d
a
v
i
t
of
Po
s
t
i
n
g
fo
r
Re
q
u
e
s
t
s
fo
r
Qu
a
l
i
f
i
c
a
t
i
o
n
s
DE
S
C
R
I
P
T
I
O
N
EL
E
C
T
I
O
N
AD
V
E
R
T
I
S
I
N
G
in
c
l
u
d
i
n
g
:
1)
f'
J
e
w
s
p
a
p
e
r
Ad
s
wi
t
h
Af
f
i
d
a
v
i
t
of
Po
s
t
i
n
g
fo
r
:
Ap
p
o
i
n
t
m
e
n
t
of
Pr
e
c
i
n
c
t
Of
f
i
c
e
s
an
d
Po
l
l
i
n
g
Pl
a
c
e
s
Ba
l
l
o
t
Ar
g
u
m
e
n
t
s
an
d
Am
e
n
d
e
d
No
t
i
c
e
s
of
Ba
l
l
o
t
Ar
g
u
m
e
n
t
s
El
e
c
t
i
o
n
an
d
Ce
n
t
r
a
l
Co
u
n
t
i
n
g
Pl
a
c
e
In
t
e
n
t
to
Ci
r
c
u
l
a
t
e
Pe
t
i
t
i
o
n
No
m
i
n
e
e
s
fo
r
Pu
b
l
i
c
Of
f
i
c
e
Po
l
l
i
n
g
Pl
a
c
e
s
an
d
Pr
e
c
i
n
c
t
Bo
a
r
d
Me
m
b
e
r
s
(N
o
.
Pa
r
k
in
bo
t
h
En
g
l
i
s
h
an
d
Sp
a
n
i
s
h
)
Sp
e
c
i
a
l
El
e
c
t
i
o
n
an
d
Ce
n
t
r
a
l
Co
u
n
t
i
n
g
Pl
a
c
e
(N
o
.
Pa
r
k
in
bo
t
h
En
g
l
i
s
h
an
d
Sp
a
n
i
s
h
)
Re
s
o
l
u
t
i
o
n
s
Ca
l
l
i
n
g
fo
r
Sp
e
c
i
a
l
El
e
c
t
i
o
n
DA
T
E
S
OF
RE
T
E
N
T
I
O
N
CITATION
RE
C
O
R
D
S
TO
BE
RE
Q
U
I
R
E
M
E
N
T
(For longest
DE
S
T
R
O
Y
E
D
(Y
E
A
R
S
)
retention period)
Ma
r
c
h
29
,
19
8
4
5
Ye
a
r
s
MRRS
th
r
o
u
g
h
De
c
e
m
b
e
r
31
,
2
0
0
8
DA
T
E
S
OF
RE
T
E
N
T
I
O
N
CITATION
RE
C
O
R
D
S
TO
BE
RE
Q
U
I
R
E
M
E
N
T
(For longest
DE
S
T
R
O
Y
E
D
(Y
E
A
R
S
)
retention period)
Oc
t
o
b
e
r
1 ,
19
8
9
El
e
c
t
i
o
n
+
2
ye
a
r
s
CLGRMG; GC 34090
th
r
o
u
g
h
De
c
e
m
b
e
r
31
,
20
0
9
Resolution No. 2014-
Page 5
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.
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.
Kevin Ennis, City Attorney
133