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Home My WebLink AboutAGENDA REPORT 2020 1104 CCSA REG ITEM 10NCITY OF MOORPARK,  CALIFORNIA City Council Meeting of November 4, 2020 ACTION Adopted Resolution No. 2020- 3972, (Roll Call Vote: Unanimous). BY B.Garza. N. Consider Resolution Authorizing the Destruction of City Records on File in the Public Works Department (Parking Citation Appeals and Administrative Hearings). Staff Recommendation: Adopt Resolution No. 2020-3972. (Staff: Ky Spangler) Item: 10.N. Item: 10.N. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Ky Spangler, City Clerk DATE: 11/04/2020 Regular Meeting SUBJECT: Consider Resolution Authorizing the Destruction of City Records on File in the Public Works Department (Parking Citation Appeals and Administrative Hearings) SUMMARY Staff is requesting authorization to destroy various Parking Citation Appeal and Administrative Hearing records from 2007 to 2017, filed with the Public Works Department, as specifically noted on Exhibit “A” of the attached draft resolution. BACKGROUND The approved City of Moorpark Records Retention Schedule (MRRS) and the California Secretary of State's Local Government Records Management Guidelines, dated February 2006, (CLGRMG) do not specifically note the retention for Parking Citation Appeal and Administrative Hearing records. 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. California Government Code Section 34090 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 years has been met, with the approval of the legislative body by resolution and the written consent of the City Attorney. This section does not authorize the 366 Honorable City Council 11/04/2020, Regular Meeting Page 2 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. The destruction of various Parking Citation Appeal and Administrative Hearing records from 2007 to 2017 is being requested under California Government Code Section 34090 as the subject records exceed the two-year retention period. The proposed destruction of records is consistent with State and Federal law. 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; are not agreement, development project and/or capital project files; and are not records required to be kept by statute. 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, Department Head, City Clerk, and City Attorney. The records are detailed previously in this report and are specifically noted on Exhibit “A” of 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. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Adopt Resolution No. 2020-____. Attachment: Draft Resolution No. 2020-____ 367 RESOLUTION NO. 2020-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS (PARKING CITATION APPEALS AND ADMINISTRATIVE HEARINGS) ON FILE IN THE PUBLIC WORKS 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 approved City of Moorpark Records Retention Schedule (MRRS) and the California Secretary of State's Local Government Records Management Guidelines, dated February 2006, (CLGRMG) do not specifically note the retention for Parking Citation Appeal and Administrative Hearing records; and WHEREAS, other federal or state law do 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. 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. 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. 368 Resolution No. 2020-____ Page 2 SECTION 4. The City Council also finds that the City Manager, Department Head, 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 4th day of November, 2020. Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk Attachment: Exhibit “A” 369 370