HomeMy WebLinkAboutAGENDA REPORT 2018 0919 CCSA REG ITEM 10BCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 9.19.2018
ACTION Adopted Reso No.
2018-3747
BY M. Benson
B. Consider Resolution Authorizing the Destruction of Expired Employee
Automobile Certificates of Insurance on File in the Administrative Services
Department. Staff Recommendation: Adopt Resolution No. 2018-____.
Item: 10.B.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Maureen Benson, City Clerk
Prepared by: Blanca Garza, Deputy City Clerk
DATE: 09/19/2018 Regular Meeting
SUBJECT: Consider Resolution Authorizing the Destruction of Expired
Employee Automobile Certificates of Insurance on File in the
Administrative Services Department
BACKGROUND
Staff is requesting authorization to destroy records on file in the Administrative Services
Department that are identified in Exhibit “A” of the attached draft resolution. The
specific request is for the destruction of Expired Employee Automobile Certificates of
Insurance.
The approved City of Moorpark Records Retention Schedule (MRRS), The California
Secretary of State’s Local Government Records Management Guidelines, dated
February 2006, (CLGRMG), and relevant state laws set the applicable retention periods
for the documents listed on Exhibit “A” of the attached draft resolution.
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 (2) years has been met (unless otherwise required by law or the
records fall under specified categories in Section 34090) with the approval of the
legislative body by resolution and the written consent of the City Attorney. In this case,
the records do not fall into any specific categories under Section 34090, as 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 original minutes, ordinances or resolutions of
the City Council or any board or commission of the City; and are not otherwise required
to be kept by statue. Additionally, these records are not an agreement, development
project and/or capital project files and no other law requires a longer retention period for
the records that are the subject of this staff report.
Item: 10.B.
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Honorable City Council
09/19/2018 Regular Meeting
Page 2
DISCUSSION
The paper records proposed for destruction are listed on Exhibit “A” of the attached
draft resolution. All such records proposed for destruction meet or exceed required
retention periods under law, including the California Government Code and the
CLGRMG and MRRS. The applicable retention periods are included with Exhibit “A” for
reference.
The approved written consent of the Assistant City Manager (who acts as the
Administrative Services Department Director), City Clerk, and the City Attorney is
included with the attached draft resolution.
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
required retention period.
STAFF RECOMMENDATION
Adopt Resolution No. 2018-___.
Attachment: Draft Resolution
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RESOLUTION NO. 2018-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
CERTAIN RECORDS (EXPIRED EMPLOYEE AUTOMOBILE
CERTIFICATES OF INSURANCE) 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;
or (e) The minutes, ordinances, or resolutions of the legislative body or of a city board or
commission; and
WHEREAS, the approved City of Moorpark Records Retention Schedule and
the California Local Government Records Management Guidelines (CLGRMG) do not
specifically provide the retention period for Expired Employee Automobile Certificates of
Insurance.
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). Further, the City Council finds the records
proposed for destruction are older than any other recommended retention periods 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 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.
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Resolution No. 2018-
Page 2
SECTION 4. The City Council also finds that the City Attorney, Administrative
Services Department Director, and the City Clerk have given written consent to the
destruction of said records, as shown in Exhibit “A”.
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 ____ day of ____, 2018.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit “A”
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