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1.04.001_Authorizing the Destruction of Certain City RecordsPolicy #: 1.04.001 R,Vj N ERT JR? k Type: City Council CITY OF ROHNERT PARK Effective Date: 2008 19 62 OFFICE OF THE CITY CLERK Former Policy #: 430.1.1 -CA L I F0 R N NOTICE OF COUNCIL/CDC/RPFA ACTION .............. . .. . . ........... . ... . ................. . ........... . . . __ ........... .. . ............ .......... Meeting Follow-up Notice Date of Notice: 10/16/2008 Staff Contact: Judy Hauff, City Clerk Department : Administration I Calendar:A consent 4(4) - - ----- --- -- ----------------- Agenda iMeeting Date: 10/14/2008 1 - Agenda Title: Consent Calendar iCoun -.il/CDC/RPFA: Council�tem#. 2008-164 tem TypeA Resolution Itern Title: Authorizing the Destruction of Certain City Records as Provided in Section 34090 of the Government Code of the State of California Action: Adopted as Submitted ....... ...... . . '!Vote 1 5-0 . .............. Attachments: Resolution - fully executed returned lComments: lFuture Item: ,Copy to: A.1111 Dept. Heads Michelle Marchetta Kenyon, City Attorney James AtleInIciol, Assistant City Attorney lFile (s): POLICY BINDER: LEGAL 430.1.1 SUBJECT FILE: Legal -Records Retention and Destruction (NEW FILE) File Subtab: Annual Reminder: Council Agenda Chron Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2°d & 4t' Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & greements to Assistant City Attorney via email for review and approval as to form DUE later than NOON Three (3) Mondays prior to Council meeting date Agenda Items w/attachments via email and hard copy to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Wednesday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only) RESO. NO. 2008-164 Council: X Miscellaneous Communications Agenda: 10/14108 X 10/8/08 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: October 14, 2008 Department: Administration Submitted By: James Atencio, Assistant City Attorney Judy Hauff, City Clerk Submittal Date: October 6, 2008 Agenda Title: DESTRUCTION OF RECORDS Requested Council Action: Authorize, by resolution, the destruction of certain city records as provided in Section 34090 of the Government Code of the State of California Summary: On May 23, 2000, the Council, by Resolution No. 2000-107, adopted the California Local Government Records Retention Guidelines on file with the City Clerk as the City of Rohnert Park Record Retention/Destruction Management Policy ("Records Policy"). Once the retention period for certain City records and documents has expired, California Government Code Section 34090 ("Section 34090") provides for the destruction ,of those records and documents with the approval of the legislative body by resolution and the written consent of the City Attorney. In preparation for the move to the new City Hall, staff is requesting authorization to destroy certain records and documents that have met or exceeded their retention requirements as provided under the Records Policy. The attached resolution will allow for the immediate and ongoing destruction of certain records and documents of the City of Rohnert Park, as recommended by department heads, provided the records and documents are no longer required to be maintained and have served their useful purpose as provided by Section 34090. Prior to the destruction of any City records and documents, department heads must obtain the written consent of the City Attorney and the City Clerk. No further action by the City Council would be required. The attached resolution also approves the recommendation form to be used by department heads in requesting City Attorney and City Clerk approval prior to the destruction of City records and documents. Staff will continue to review and update the citywide Records Policy and bring forth any recommended changes for City Council approval as needed. Enclosures: Resolution Authorizing the Destruction of Certain City Records as Provided In Section 34090 of the Government Code of the State of California CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: >Konsent Item ( ) Regular Time Approval () Public Hearing Required ( ) Not Recommended O Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: City Manager's Signature: Date: (Revised 01 (507) J :TG -S:05 -b RESOLUTION NO. 2008-164 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED IN SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA WHEREAS, the keeping of numerous records is not necessary after a certain period of time for the effective and efficient operation of the government of the City of Rohnert Park WHEREAS, Section 34090'ofthe Government Code of the State of California provides for the destruction of certain City records and documents with the approval of the legislative bodyby Resolution and the written consent of the City •Attorney; WHEREAS, the City Council' of the City of Rohnert Park adopted Resolution No. 2000-107 on May, 23 2000 adopting, the California Local Government Records Retention Guidelines on file with the City Clerk as the City of Rohnert Park Record Retention/Destruction Management Policy ("Records Policy,). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows; .SECTION 1, In accordance with Section 34090 of the California Government Code and the provisions of the Records Policy the records of the City of Rohnert Park which City of Rohnert Park dy=partment heads recommend for destruction because ' they are no longer required to be maintained and have served their useful purpose may be destroyed as provided by Section 34090 of the California Government. Code with the consent in writing of the City Attorney, without further action by the City Council of the City of Rohnert Park. SECTION 2. Any request made to destroy City of Rohnert Park records must be made by City department heads on the recommendation form attached hereto as Exhibit A and, prior to destruction, such recommendation must be approved and signed by the City Attorney and City Clerk. SECTION 3. This Resolution shall be in fall force and effect immediately upon the passage and adoption thereof. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 14" day of October, 2008. 1 , a W ""0. In - ATTEST ler APPROVED AS TO FORM: Cij y' Attorney 1135600v 1 80078/0012 ROHNERT PARK BREEZE: AYE SMITH: AYE STAFFORD: AYE VIDAK-MARTINEZ: AYE MACKENZIE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) Department: Prepared by: Date: Box No. (if applicable) -isted below and/or attached is a detailed list of records for which I am requesting destruction. The list includes a description of each record sufficient for identification, including the retention schedule page number, the record series title and contents, record dates, record retention requirements, and destruction date. Unless otherwise directed, the method of destruction proposed is shredding. I hereby certify that the records listed below and/or attached are more than two years old and/or have been retained for the minimum retention period specified in the records retention schedule. I further certify that the records listed no longer have any administrative, legal, evidential, fiscal, research, or historic value and do not affect the title to real property or liens thereon, are not court records, are not, to my knowledge, required to be kept further by statute, are not the minutes, ordinances or resolutions of the City Council or any City board or committee, and are no longer required by the City. I request authority to destroy same pursuant to Section 34090 of the California Government Code. Record Series Title and Descriptor Page Date of Records Retention Citation Destruction (as listed in Records Retention Schedule) No. From: To: Number: Date: DEPARTMENT HEAD: Signature )ate DESTRUCTION AUTHORIZATION CITY ATTORNEY: Signature Date Authorized by City Council Resolution No. 2008-164 EXHIBIT A CITY CLERK: Signature Date Actual Date Records Destroyed: