HomeMy WebLinkAboutAGENDA REPORT 2019 1106 REG CCSA ITEM 10DCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of November 6, 2019
ACTION Approved staff recommendation,
including adoption of Resolution No. 2019-
3859. BY B.Garza.
D. Consider Resolution Authorizing the Destruction of City Records (Unsuccessful
Bidders’ Bids and Proposals Files from 2006 to 2016) on File in the City
Manager’s Office. Staff Recommendation: Adopt Resolution No. 2019-3859.
ROLL CALL VOTE REQUIRED (Staff: Ky Spangler)
Item: 10.D.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Ky Spangler, City Clerk
DATE: 11/06/2019 Regular Meeting
SUBJECT: Consider Resolution Authorizing the Destruction of City Records
(Unsuccessful Bidders’ Bids and Proposals Files from 2006 to 2016)
on File in the City Manager’s Office
BACKGROUND
Staff is requesting authorization to destroy various records, filed with the City Clerk’s
Division, in the City Manager’s Department. The request is for the destruction of
Unsuccessful Bidders’ Bids and Proposals Files from 2006 to 2016, as specifically
noted on Exhibit “A” of the attached draft resolution.
The records proposed for destruction consideration are Unsuccessful Bidders’ Bids and
Proposals Files. The approved City of Moorpark Records Retention Schedule (MRRS)
notes the retention of Bids/Proposals Files (Unsuccessful Bidders): Bids/proposals
received records as two (2) years, in accordance with California Government Code
Section 34090.
The California Secretary of State's Local Government Records Management Guidelines,
dated February 2006, (CLGRMG) recommends retaining Unsuccessful Bids, Requests for
Qualifications, and Requests for Proposals records for the current year plus two (2) years in
accordance with California Government Code Section 34090.
When determining a retention period for a record series, the City considers a number of
factors, including whether the records may be useful in certain types of litigation and will
retain the records for the applicable statute of limitations period set forth in the California
Code of Civil Procedure. Additionally, the City will review federal law and regulations to
determine whether those laws or regulations impact the length of time a record should be
retained. In this case, neither the California Code of Civil Procedure nor federal laws
expressly require a longer retention period for the records proposed for destruction as they
are not the Successful Bids, Requests for Qualifications, and Requests for Proposals
records.
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
Item: 10.D.
216
Honorable City Council
11/06/2019, Regular Meeting
Page 2
period of two years has been met, with the approval of the legislative body by resolution and
the written consent of the City Attorney unless the record falls into certain categories
specified in Section 34090.
In this case the records are older than the applicable retention periods in the MRRS,
CLGRMG, and California Government Code Section 34090. With respect to Government
Code Section 34090, 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 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. Additionally, these records are not an agreement,
development project and/or capital project files.
DISCUSSION
The records proposed for destruction are noted below and on Exhibit "A" of the attached
draft resolution, all such records meet or exceed required retention periods, and the
applicable retention periods are included for reference. Their destruction has been
approved and consented to by the City Manager, City Clerk, and City Attorney. The records
are Unsuccessful Bidders’ Bids and Proposals Files from 2006 to 2016.
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 (ROLL CALL VOTE REQUIRED)
Adopt Resolution No. 2019-___.
Attachment: Draft Resolution
217
ATTACHMENT
RESOLUTION NO. 2019-____
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.
218
Resolution No. 2019-____
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.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
Attachment: Exhibit “A”
219
Reso lution No . 2019-
Page 3
EXHIBIT "A"
CONSENT FOR PAPER AND ELECTRONIC RECORDS DESTRUCTION
California Government (GC) Code, Section 34090,
California Local Government Reco r ds 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 I Proposa ls 2006-2016 Current + 2 Years GC 34090
Fil es, Unsuccessful
B idders
Co nsent to Destruction: h,.{. ~~ _K_y_S_p~Wl~g-~-IF-'--frr-:cTt1C-c~i...-...C~~-r-k~~~~~~~~~~~~~
Departme nt Head Authorization : I certify that the records on the above li st are no lo nger
required , are e ligible for destruction , and do not have to be retained based upon any
record retent ion requ i rements imposed by any statute or law, or pursuant to a grant
re ce ived by the City or a bond issued by the C ity, and are not re lated to or potentially
re levant to any of the following in which the City may be invo lved : a reasonab ly
a nt ic ipated cla im or litigation, an ongoing claim or li tigation , a pending emp loyee
grie va nce , a pend in g regu latory or governmental invest igati on , a pend ing subpoena , a
pend in g Pub li c Records Act request, a pend ing aud it, or s im il ar lega l matter. I
recomme nd that sa id records be destroY, d .
rentowski, Parks and Recreat ion Director
Sean Corrigan, Public WOl"kYDirector
Attorney Authorization : I do hereby cert ify 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 here in by the department head, agree that the above-ment ioned records are not
records requ ired to be kept by statute or law , provided destruction thereof has been
approved by the C ity Counci l. My rev iew has been lim ited to the descriptions conta i ned
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
220
Resolution No. 2019-____
Page 4
DETAILED LISTING OF UNSUCCESSFUL BIDS APPROVED FOR DESTUCTION
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 @ 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)
221
Resolution No. 2019-____
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
assigned Unsuccessful Proposal for Art in Public Places Program for Veterans
Memorial; Closing Date: November 22, 2006 (PR&CS)
No number
assigned Unsuccessful Bid for Demolition of Structures and Appurtenances at 484
Charles Street; Closing Date: November 6, 2008 at 4:30pm (ACMO)
No number
assigned Unsuccessful Bid for Lassen Avenue/Bikeway Walkway Project MPK08-04;
Closing Date: February 3, 2009 at 3:00pm (PWD)
No number
assigned Unsuccessful Bid for Walnut Canyon Storm Drain Improvements/West
High Street Rehabilitation and Parking Lot Project; Closing Date: March 5,
2009 at 3:00pm (ACMO)
No number
assigned Unsuccessful Bid for Demolition of Structures and Appurtenances at 1063
& 1123 Walnut Canyon Road, 661 Moorpark Avenue and 450 Charles
Street; Closing Date: May 28, 2009 at 3:00pm (ACMO)
No number
assigned Unsuccessful Bid for Demolition of Structures and Appurtenances at
Former Cal Trans Yard; Close Date: August 20, 2009 at 4:30pm (PWD)
No number
assigned Unsuccessful Bid for 2009 Pavement Rehabilitation Project; Received
8/25/09 at 3:00pm (PWD)
No number
assigned Unsuccessful Bid for Mountain Trail Street/Spring Road Pavement
Rehabilitation Project Specification No. MPK 10-01; Received 4/20/10 at
3:00pm (PWD)
No number
assigned Unsuccessful Bid for Glenwood Park Restroom Project, On and Off Site
Improvements and Appurtenant Work Specification No. PR2010-1;
Received 8/3/10 at 2:00pm (PR&CS)
No number
assigned Unsuccessful Bid for Collins Drive and University Drive Traffic Signal
Installation Project MPK 11-03; Received 3/15/11 at 3:00pm
No number
assigned Unsuccessful Bid for Collins Drive and University Drive Traffic Signal
Installation Project MPK 11-03; Received 3/15/11 at 3:00pm (PWD)
No number
assigned Unsuccessful Proposal for Parking Lot Improvement at Various City Parks
and Facilities; Received 10/28/14 at 3:00pm (PR&CS)
No number
assigned Unsuccessful Proposal for Landscape and Lighting Districts Landscape
Maintenance Proposal; Received 5/18/11 at 10:00am (PR&CS)
No number
assigned Unsuccessful Proposal for Landscape Maintenance Services LMD Zones
15, 20, 22; Received 6/10/14 at 10:00am (PR&CS)
No number
assigned Unsuccessful Proposal for Landscape Maintenance Services All Other
LMD Zones; Received 6/10/14 at 10:00am (PR&CS)
222