HomeMy WebLinkAboutRES CC 2015 3446 2015 1007 RESOLUTION NO. 2015-3446
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CERTAIN RECORDS (AFFIDAVITS OF
POSTING FOR CITY COMMITTEE NOTICES FROM 1983
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 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 California Secretary of State's Local Government Records
Management Guidelines recommend retaining the agendas, including special meeting
notices and certificates of posting, for a city's council, boards and commissions for the
current year and previous two (2) years, and references Government Code Section 34090
as the retention requirement for the City records proposed for destruction in Exhibit A; and
WHEREAS, the approved City of Moorpark Records Retention Schedule
recommends retaining City Council Meetings and Council Standing Committee Notices for
five (5) years and the City's Records Retention Schedule does not otherwise specify a
retention recommendation for other City committees; and
WHEREAS, other federal or state law does 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 (Government
Code Section 34090) and are older than the applicable retention period recommended by
the California Local Government Records Management Guidelines. Further, the City
Council finds that the Affidavits of Posting for City Committee Notices are older than the
retention period recommended by the City of Moorpark Records Retention Schedule, and
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
Resolution No. 2015-3446
Page 2
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, Assistant City
Manager and Administrative Services Department Director, and the City Clerk have given
written consent to the destruction of said records, as shown on this draft resolution.
SECTION 4. The City Council hereby authorizes the destruction of, and 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 7th day of October, 2015.
c /hi°ate
ce S. Parvin, Mayor
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Maureen Benson, City Clerk eIP �,' op:�y - 70
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Resolution No. 2015-3446
Page 4
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. n C
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Deborah S. Traffenstedt, Assistant City Manager
Administrative Services Department Director
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
Resolution No. 2015-3446
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. 2015-3446 was adopted by the
City Council of the City of Moorpark at a regular meeting held on the 7th day of October,
2015, 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 13th day of October, 2014.
Maureen Benson, City Clerk
(seal)
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