HomeMy WebLinkAboutRES CC 2017 3621 2017 0906 RESOLUTION NO. 2017-3621
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION
OF CERTAIN RECORDS (CLOSED CODE COMPLIANCE CASE
FILES WHICH ARE CLOSED/COMPLETED PLUS 3 YEARS)
WHEREAS, Government Code Section 34090 authorizes the head of a City
department to destroy certain 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 CLGRMG recommend a retention period for Code Enforcement
Case File Records as closed plus two years in accordance with Government Code
34090d; and
WHEREAS, the City of Moorpark's adopted Records Retention Schedule (MRRS)
sets the applicable retention period in accordance with Penal Code Section 801 for Code
Enforcement Case File Records; and
WHEREAS, the MRRS, exceeds the two year retention required by Government
Code Section 34090 and instead authorizes the destruction of Code Enforcement Case
File Records after the file has been Closed/Completed for at least three (3) years pursuant
to California Penal Code Section 801; and
WHEREAS, California Penal Code Section 801 establishes a three (3) year
statute of limitations from the date of the offense for the prosecution of offenses punishable
by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 of the
Penal Code; 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
(including Government Code Section 34090 and Penal Code Section 801) and federal law,
are older that the applicable retention period recommended by the CLGRMG and the
MRRS. Further, the City Council finds that the records listed in Exhibit "A" are not
currently subject to a legal hold that would otherwise prohibit their destruction.
Resolution No. 2017-3621
Page 2
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 of the City Council or any board or commission of the City; and are not records
required to be kept by statute.
SECTION 3. "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 4. The City Council also finds that the Community Development
Director, City Clerk, and the City Attorney have given written consent to the destruction of
said records, as shown on Exhibit "A" of this resolution.
SECTION 5. The City Council hereby authorizes 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 6th day of September, 2017.
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Ja ice S. Parvin, Mayor
ATTEST:
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Maureen Benson, City Clerk /`2;''- /7
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Attachment: Exhibit "A"
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Resolution No. 2017-3621
Page 3
EXHIBIT "A"
CONSENT FOR PAPER AND ELECTRONIC RECORDS DESTRUCTION
California Government(GC) Code, Section 12946 and 34090,
California Penal (PC) Code, Section 801,
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)
Closed Code Compliance March 1985 — Closed/Completed MRRS (PC 801)
Case Files: December + 3 Years
2006
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.
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Dave Bobardt, Community Development Director
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. 2017-3621
Page 4
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. 2017-3621 was adopted by the
City Council of the City of Moorpark at a regular meeting held on the 6th day of
September, 2017, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 20th day of September,
2017.
Maureen Benson, City Clerk
(seal)
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