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Home My WebLink AboutAGENDA REPORT 2020 0916 CCSA REG ITEM 10FCITY OF MOORPARK,  CALIFORNIA City Council Meeting of September 16, 2020 ACTION Approved Staff Recommendation, Including Adoption of Resolution No. 2020- 3948. BY B.Garza. F. Consider Resolution Authorizing the Destruction of City Records (Unsuccessful First Time Homebuyer Program Applications from 2006 to 2016) on File in the Community Development Department. Staff Recommendation: Adopt Resolution No. 2020-3948. (Staff: Karen Vaughn) Item: 10.F. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Karen Vaughn, Community Development Director BY: Chris Ball, Management Analyst DATE: 09/16/2020 Regular Meeting SUBJECT: Consider Resolution Authorizing the Destruction of City Records (Unsuccessful First Time Homebuyer Program Applications from 2006 to 2016) on File in the Community Development Department SUMMARY Staff is requesting authorization to destroy various unsuccessful First Time Homebuyer Program Applications currently on file in the Community Development Department, as more specifically detailed in Exhibit “A” of the attached draft resolution. BACKGROUND The records proposed for destruction are unsuccessful First Time Homebuyer Program Applications. The California Secretary of State's Local Government Records Management Guidelines dated February 2006, (CLGRMG) recommends retaining Low/Moderate Housing Program records for three (3) years following closure. The approved City of Moorpark Records Retention Schedule (MRRS) does not provide a more specific retention period for unsuccessful First Time Homebuyer Program Applications, although the minimum retention period for most records is two (2) years. 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 do additional federal laws expressly require a longer retention period for the records proposed for destruction. 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 has been met, with the approval of the legislative body by resolution Item: 10.F. 139 Honorable City Council 09/16/2020, Regular Meeting Page 2 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 CLGRMG. 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 unsuccessful First Time Homebuyer Program Applications from 2006 to 2016, as more specifically described in 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 Clerk, Community Development Director, and City Attorney. 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. COUNCIL GOAL COMPLIANCE This action is administrative in nature and does not support a current strategic directive. STAFF RECOMMENDATION Adopt Resolution No. 2020-___. Attachment: Draft Resolution No. 2020-____ 140 ATTACHMENT RESOLUTION NO. 2020-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS (UNSUCCESSFUL FIRST TIME HOMEBUYER PROGRAM APPLICATIONS FROM 2006 TO 2016) ON FILE IN THE COMMUNITY DEVELOPMENT DEPARTMENT 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) recommends retaining Low/Moderate Housing Program records for three (3) years following closure; and WHEREAS, the approved City of Moorpark Records Retention Schedule (MRRS) does not provide a more specific retention period for the City records proposed for destruction in Exhibit “A”; 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. 141 Resolution No. 2020-____ 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 Clerk, Community Development Director, 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 16th day of September, 2020. Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk Attachment: Exhibit “A” 142 143 Resolution No. 2020-____ Page 4 FIRST TIME HOMEBUYER PROGRAM UNSUCCESSFUL APPLICATION RECORD COUNT 2006 THROUGH 2016 Application Date Close of Eligibility Unsuccessful Application Count June 2006 February 2007 7 March 2009 December 2009 21 February 2014 November 2014 17 November 2014 March 2015 9 March 2015 August 2015 6 August 2015 October 2015 18 October 2015 November 2015 9 November 2015 April 2016 9 September 2016 November 2016 3 144