HomeMy WebLinkAboutAGENDA REPORT 2011 0720 CC REG ITEM 10F ITEM 1_ 01.
I.ity Council Meeting
MOORPARK CITY COUNCIL ,,CVON:^ -
AGENDA REPORT
TO: Honorable City Council
FROM: Maureen Benson, City Clerk `tX&
Prepared by: Blanca Garza, Deputy City Clerk '
DATE: July 05, 2011 (CC Meeting of 7/20/2011)
SUBJECT: Consider Resolution Authorizing the Destruction of an Election Roster
for the September 15, 2005, Redevelopment Project Area Committee
(PAC) Election
BACKGROUND
An Election for the Redevelopment Project Area Committee was held on September 15,
2005. California Election Code Section 17300 authorizes the destruction of all rosters of
voters or combined rosters and indexes after five years from the certification date of the
election. On October 5, 2005, the City Council adopted Resolution No. 2005-2405
approving the certification of the Redevelopment Project Area Committee Election. The
proposed destruction 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 election roster proposed for destruction does not affect
title to real property or liens thereon, is not a court record or a matter of pending or
threatened litigation, is not minutes, ordinances or resolutions of the City Council or any
board or commission of the City; it is not an agreement, development project and/or capital
project file; and is not a record required to be kept by statute.
DISCUSSION
The election roster proposed for destruction is listed on Exhibit A of the attached resolution
and its destruction has been approved and consented to by the City Attorney and City
Clerk. The record recommended for destruction is a roster for the September 15, 2005,
Project Area Committee Election. The required five-year (from election certification)
retention period has been exceeded.
FISCAL IMPACT
The destruction of the specified roster in the attached draft resolution may create a cost for
shredding, unless the City is able to retain this service at no cost. Destruction of the
specified records would eliminate the cost for storage.
STAFF RECOMMENDATION
Adopt Resolution No. 2011-
Attachment: Draft Resolution
163
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF AN ELECTION ROSTER FOR THE
SEPTEMBER 15, 2005, REDEVELOPMENT PROJECT
AREA COMMITTEE (PAC) ELECTION
WHEREAS, a Redevelopment Project Area Committee (PAC) Election was held
on September 15, 2005; and
WHEREAS, California Election Code Section 17300 authorizes the destruction of
all rosters and indexes after five years from the date of the election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that the election record set forth in Exhibit
"A", attached hereto, is older than five years from the date of the election or application,
and a contest has not been commenced, nor has a criminal prosecution involving
fraudulent use, marking or falsification of ballots nor forgery of absent voters' signatures
commenced.
SECTION 2. The City Council also finds that the City Attorney and the City Clerk
have given written consent to the destruction of said election record, as shown on
Exhibit "A".
SECTION 3. The City Council hereby authorizes the City Clerk/Elections Official
to destroy the City Record listed in Exhibit "A" in accordance with the requirements of
state law.
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 20th day of July, 2011.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit "A"
164
Resolution No. 2011-
Page 2
EXHIBIT"A"
RECORDS DESTRUCTION CONSENT
DESCRIPTION DATES OF RETENTION CITATION
RECORDS REQUIREMENT (For longest
ARS) retention peri od
Election Roster, Redevelopment Certification of Election Code
Redevelopment Project Area Election Results 17300
Project Area Committee Election, plus 5 Years
Committee Election, September 15, 2005
September 15, 2005
Consent to Destruction:
Joseph WMontes, City orney
Maureen Benson, City Clerk/Elections Official
165