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Home My WebLink AboutAGENDA REPORT 2011 0406 CC REG ITEM 10O ITEM 10.0. ,.itv cotinrii Meeting MOORPARK CITY COUNCIL AGENDA REPORT ACTION: TO: Honorable City Council FROM: Maureen Benson, City Clerk `fry Deborah S. Traffenstedt, Deputy City Manager' D5 - Prepared by: Blanca Garza, Deputy City Clerks DATE: March 23, 2011 (CC Meeting of 4/06/2011) SUBJECT: Consider Resolution Authorizing the Destruction of City Records (Calendars, City Council and Redevelopment Agency Speaker and Written Statement Cards, Certificate and Proclamation Records and Related Correspondence, City Telephone System Reports, and Telephone Message Pads) BACKGROUND Government Code Section 34090, et. seq., authorizes the head of a city department to destroy any city record, document instrument, book or paper, under his/her charge, without making a copy thereof, after the same is no longer required after the minimum retention period of two years has been met, with the approval of the legislative body by resolution and the written consent of the City Attorney. This section 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; or (e) The minutes, ordinances, or resolutions of the legislative body or of a city board or commission. The proposed destruction of records is consistent with the City Council's approved Records Retention Schedule, the Secretary of State's Local Government Records Management Guidelines and/or State and Federal law. 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; are not agreement, development project and/or capital project files; and are not records required to be kept by statute. 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 include various calendars, City Council and Redevelopment Agency Speaker and Written Statement Cards, certificate and proclamation records and related correspondence, City telephone system reports, and telephone message pads. Destruction of the records listed in Exhibit A has been approved and consented to by the City Attorney and City Clerk. 429 Honorable City Council April 6, 2011, Regular Meeting Page 2 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. 2011- Attachment: Draft Resolution 430 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS (CALENDARS, CITY COUNCIL AND REDEVELOPMENT AGENCY SPEAKER AND WRITTEN STATEMENT CARDS, CERTIFICATE AND PROCLAMATION RECORDS AND RELATED CORRESPONDENCE, CITY TELEPHONE SYSTEM REPORTS, AND TELEPHONE MESSAGE PADS) WHEREAS, Government Code Section 34090, et. seq., authorizes the destruction of City records that are no longer required after the minimum retention period of two years has been met, with the approval of the legislative body by resolution and the written consent of the City Attorney. 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 the City's adopted Retention Schedule; 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 2. 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 3. The City Council hereby authorizes the City Clerk to destroy the City Records listed in Exhibit "A". SECTION 4. 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 6th day of April, 2011. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Attachment: Exhibit "A" 431 Resolution No. 2011- Page 2 EXHIBIT "A" RECORDS DESTRUCTION CONSENT Citation: California Government (GC) Code, Section 34090 DESCRIPTION DATES OF RETENTION CITATION RECORDS REQUIREMENT (For longest retention YEARS period) Calendars, City Manager January 1, 2008 Current + 2 GC 34090 through December Years 31, 2008 Calendars, Large Conference January 1, 2008 Current + 2 GC 34090 Room through December Years 31, 2008 Calendars, Small Conference January 1, 2005 Current + 2 GC 34090 Room through December Years 31, 2006 City Council and January 1, 2005 Current + 2 GC 34090 Redevelopment Agency through December Years Speaker Cards and Written 31, 2008 Statement Cards City Telephone Detail Activity May 1, 2007 Current + 2 GC 34090 Reports by Department through December Years 31, 2008 City Telephone System January 1, 2003 Current + 2 GC 34090 Original Data Records through December Years 31, 2008 Correspondence Related to January 1, 2006 Current + 2 GC 34090 Certificates and through December Years Proclamations, Paper and 31, 2008 Electronic files (Requested of City/Issued by City) Electronic files for: January 1, 2006 Current + 2 GC 34090 Certificates of Recognition; through December Years Certificates of 31, 2008 Commendation; and Proclamations (Issued by City) Telephone Message Pads, August 1, 2005 Current + 2 GC 34090 City Clerk's Division and City through December Years Manager 31, 2008 Consent to Destruction: Joseph . Montes, City omey Maureen Benson, City Clerk 432