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Home My WebLink AboutRES CC 2019 3859 2019 1106 RESOLUTION NO. 2019-3859 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS (UNSUCCESSFUL BIDDERS' BIDS AND PROPOSALS FILES FROM 2006 TO 2016) ON FILE IN THE CITY MANAGER'S OFFICE 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 California Secretary of State's Local Government Records Management Guidelines, dated February 2006, (CLGRMG) recommend a retention period for Unsuccessful Bids and Proposals records as Current and/or Closed plus two (2) years in accordance with Government Code Section 34090; and WHEREAS, the approved City of Moorpark Records Retention Schedule (MRRS) sets the applicable retention period in accordance with Government Code Section 34090 for Unsuccessful Bidders: Bids/Proposals Files; Bids/Proposals Received; 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 federal law, are older than 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. 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. Resolution No. 2019-3859 Page 2 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 City Manager, 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 November, 2019. C.)A7-7g J.nice S. Parvin, Mayor ATTEST: C4 lC19 i'i? Ky Spa ler, Cit Clerk ZAPROIrAr>dially VLSOF44.4„,, 4160 Attachment: Exhibit "A" ° 0o-4". t® Resolution No. 2019-3859 Page 3 EXHIBIT "A" CONSENT FOR PAPER AND ELECTRONIC RECORDS DESTRUCTION California Government(GC) Code, Section 34090, California Local Government Records Management Guidelines (CLGRMG), and City of Moorpark Records Retention Schedule (MRRS) DESCRIPTION DATES OF RETENTION CITATION RECORDS TO RECOMMENDATION (For longest BE DESTROYED retention period) Bids / Proposals 2006 — 2016 Current + 2 Years GC 34090 Files, Unsuccessful Bidders Consent to Destruction: I4_,cc9Vl47 "Lz Ky Spa er, erk 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 deso ed. / Jeremy .rentows 1, Parks and Recreation Director A Sean Corrigan, Public orks 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. 2019-3859 Page 4 DETAILED LISTING OF UNSUCCESSFUL BIDS APPROVED FOR DESTRUCTION 2006 THROUGH 2016 150.137 Unsuccessful bidders for Veterans Memorial Project (Closed 10/21/2008, at 10:00 a.m.) (PR&CS) 150.138 Unsuccessful bidders for Tierra Rejada Landscaping - Phase 2 (October 21, 2008, at 3:00 p.m.) (PWD) 150.139 Unsuccessful bidders for Rehabilitation of 1449 Walnut Canyon Road; Bids Received: 8/25/2011 by 3 p.m. 150.140 Unsuccessful bidders for Construction of Retaining Wall at 81 First Street; Bids Received: 11/02/2010 by 3 p.m. 150.141 Unsuccessful bidders for Demolition of 780 Walnut Street & 124 First Street; Bids Received: 7/28/2011 by 3 p.m. 150.142 Unsuccessful bidders for Demolition of Structures and Site Clearance at 1083 Walnut Canyon Road and 112 First Street; Bids Received 4/07/2011 by 3:30 p.m. 150.143 Unsuccessful bidders for Construction of Security/Retaining Wall at Metrolink Station South of Parking Lot; Bids Received 4/07/2011 by 3 p.m. 150.144 Unsuccessful bidders for 2012 Pavement Rehabilitation Project; Bids Received 7/10/2012 by 3 p.m. 150.145 Unsuccessful bidders for Alderbrook Street Asphalt Overlay Project; Bids Received 7/10/2012 by 3:30 p.m. 150.146 Unsuccessful bidders for SR-23 Soundwalls at Tierra Rejada Road Interchange; Bids Received 10/8/2012 by 3 p.m. 150.147 Unsuccessful bidders for Demolition and Removal of Underground Storage Tanks; Bids Received 11/05/2012 by 3:30 p.m. 150.148 Unsuccessful bidders for Demolition of Structures and Site Clearance at 65 First Street, Moorpark, California; Bids Received 5/16/2013 by 3 p.m. (PR&CS) 150.151 Unsuccessful bidders for Lighting Upgrade Project: Campus Park, Poindexter Park, Police Services Center- Moorpark, Ca; Bids to be opened on October 8, 2013, at 3 p.m. (PR&CS) 150.152 Unsuccessful bidders for Demolition Project - 236 Charles Street; Bids to be opened January 23, 2014 (PR&CS) 150.154 Unsuccessful bidders for Parksite at 161 Second Street; Bids to be opened on May 13, 2014, at 10 a.m. (PR&CS) 150.155 Unsuccessful bidders for Parksite at 161 Second Street; Bids to be opened on June 20, 2014, at 10 a.m. (PR&CS) 150.156 Unsuccessful bidders for Parksite at 161 Second Street; Bids to be opened on August 21, 2014, at 10 a.m. (PR&CS) 150.157 Unsuccessful Requests for Qualifications (RFQ) Voter Opinion Survey/Voter Opinion Poll for Ballot Measure; Voter Opinion Poll for Revenue Enhancement Measures April 26, 2013 (ASD) 150.158 Unsuccessful bidders for Arroyo Vista Park Retaining Wall; Bids to be opened on 1/06/2016, at 3 p.m. (PR&CS) 150.159 Unsuccessful bidders for Recreational Trail Project at Arroyo Vista Community Park; Bids to be opened on 4/11/2016, at 10 a.m. (PR&CS) Resolution No. 2019-3859 Page 5 150.160 Response to Request for Proposals for City Attorney Services for the City of Moorpark (June 7, 2012) (CM) 150.161 Recreational Trail Project at Arroyo Vista Community Park; Bids Opened on 6/29/2016, at 3:30 p.m. (Bidders Not Selected) (PR&CS) 150.162 Demolition of Structures and Site Clearance at 104 and 192 High Street; Bids Opened on 3/2/2017, at 3:30 p.m. (Bidders Rejected on 5/10/2017) (PR&CS) 150.163 Tierra Rejada Streetscape Revitalization Phase I: Parks and Recreation 2016-2; Bids Opened on 10/06/2016 (PR&CS) No number Unsuccessful Proposal for Art in Public Places Program for Veterans assigned Memorial; Closing Date: November 22, 2006 (PR&CS) No number Unsuccessful Bid for Demolition of Structures and Appurtenances at 484 assigned Charles Street; Closing Date: November 6, 2008 at 4:30pm (ACMO) No number Unsuccessful Bid for Lassen Avenue/Bikeway Walkway Project MPK08-04; assigned Closing Date: February 3, 2009 at 3:00pm (PWD) No number Unsuccessful Bid for Walnut Canyon Storm Drain Improvements/West assigned High Street Rehabilitation and Parking Lot Project; Closing Date: March 5, 2009 at 3:00pm (ACMO) No number Unsuccessful Bid for Demolition of Structures and Appurtenances at 1063 assigned & 1123 Walnut Canyon Road, 661 Moorpark Avenue and 450 Charles Street; Closing Date: May 28, 2009 at 3:00pm (ACMO) No number Unsuccessful Bid for Demolition of Structures and Appurtenances at assigned Former Cal Trans Yard; Close Date: August 20, 2009 at 4:30pm (PWD) No number Unsuccessful Bid for 2009 Pavement Rehabilitation Project; Received assigned 8/25/09 at 3:00pm (PWD) No number Unsuccessful Bid for Mountain Trail Street/Spring Road Pavement assigned Rehabilitation Project Specification No. MPK 10-01; Received 4/20/10 at 3:00pm (PWD) No number Unsuccessful Bid for Glenwood Park Restroom Project, On and Off Site assigned Improvements and Appurtenant Work Specification No. PR2010-1; Received 8/3/10 at 2:00pm (PR&CS) No number Unsuccessful Bid for Collins Drive and University Drive Traffic Signal assigned Installation Project MPK 11-03; Received 3/15/11 at 3:00pm No number Unsuccessful Bid for Collins Drive and University Drive Traffic Signal assigned Installation Project MPK 11-03; Received 3/15/11 at 3:00pm (PWD) No number Unsuccessful Proposal for Parking Lot Improvement at Various City Parks assigned and Facilities; Received 10/28/14 at 3:00pm (PR&CS) No number Unsuccessful Proposal for Landscape and Lighting Districts Landscape assigned Maintenance Proposal; Received 5/18/11 at 10:00am (PR&CS) No number Unsuccessful Proposal for Landscape Maintenance Services LMD Zones assigned 15, 20, 22; Received 6/10/14 at 10:00am (PR&CS) No number Unsuccessful Proposal for Landscape Maintenance Services All Other assigned LMD Zones; Received 6/10/14 at 10:00am (PR&CS) Resolution No. 2019-3859 Page 6 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2019-3859 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th day of November, 2019, and that the same was adopted by the following vote: AYES: Councilmembers Enegren, Mikos, Pollock, Simons, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 6th day of November, 2019. 144 Ky Spgler, Ci a Clerk (seal) A Is' 00 JS��