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HomeMy WebLinkAboutAGENDA REPORT 2022 0907 CCSA REG ITEM 10ECITY OF MOORPARK, CALIFORNIA City Council Meeting of September 7, 2022 ACTION ADOPTED RESOLUTION NOS. 2022-4125, 2022-4126, 2022-4127, AND 2022-4128. (ROLL CALL VOTE: 4-0, COUNCILMEMBER POLLOCK ABSENT) BY A. Hurtado. E. Consider Resolutions Authorizing the Destruction of Specified City Records on File in the City Manager’s Office, Community Development Department, Finance Department, Parks, Recreation & Community Services Department, and Public Works Department. Staff Recommendation: Adopt Resolutions authorizing the destruction of specified records in the City Manager’s Office, Community Development, Finance, Parks, Recreation & Community Services, and Public Works Departments. (Staff: Ky Spangler, City Clerk) (ROLL CALL VOTE REQUIRED) Item: 10.E. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Ky Spangler, City Clerk DATE: 09/07/2022 Regular Meeting SUBJECT: Consider Resolutions Authorizing the Destruction of Specified City Records on File in the City Manager’s Office, Community Development Department, Finance Department, Parks, Recreation & Community Services Department, and Public Works Department SUMMARY The City Clerk serves as the official custodian of all City records and is responsible for destroying records in accordance with State law, City Council Policies, and the City’s approved Records Retention Schedule. The City Clerk has determined that certain records in various Departments have met their retention requirements and are eligible for disposal, and City Council approval is being sought to authorize records destruction. BACKGROUND The approved City of Moorpark Records Retention Schedule (MRRS) identifies the record series created and maintained by its various Departments and Divisions and establishes timeframes for the maintenance of such records. In cases where a specific record is not distinctly described in the MRRS, other resources are referenced to identify applicable retention periods including the California Secretary of State’s Local Government Records Management Guidelines, dated February 2006 (CLGRMG), relevant state laws including California Government Code, Section 34090, and the United States Code (USC). In preparation for the upcoming City shredding event on September 17, 2022, over the last several months the City Clerk’s Office has worked with staff in various Departments to identify records which have met their retention period and are eligible for destruction. City Council approval is being sought for destruction of the identified records in order to free up needed storage space and securely dispose of these documents. 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 Item: 10.E. 1072 Honorable City Council 09/07/2022 Regular Meeting Page 2 Code of Civil Procedure. Additionally, the City reviews 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. 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 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 the case of the records identified for destruction herein, the records have been found to be 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 file. DISCUSSION Based on a review of retention time frames in the MRRS, CLGRMG, Government Code, and other references as applicable, staff is requesting authorization to destroy various records on file in the City Manager’s Office, Community Development, Finance, Parks, Recreation & Community Services, and Public Works departments. The types of records are generally described below, and detailed listings are included in the exhibit attached to each corresponding resolution. City Manager’s Office Agenda Subscriptions Bankruptcy Files Bids/Proposal Files Files of Claims against the City Chronological Files Files of Municipal Code Violation Closed Recruitment Files Files of Potential Claims against the City Reports to the City Manager Survey Responses Community Development Expired Business Registrations and Business License Records Finance Vendor 1099 Files 1073 Honorable City Council 09/07/2022 Regular Meeting Page 3 Parks, Recreation & Community Services Bank Reconciliations Files (AVRC) Department Brochures/Advertising AVRC Vehicle Key & Phone Logs Recreation Registration Database Records Facility Reservation Forms Program Files: Ventura County Area Agency on Aging (Active Adult Center) Program Files: City Sponsored Activities Program Evaluations Program Registration Liability Waivers Purchasing Files (Dept. copies) Timesheets (Dept. copies) Public Works Parking Citation Hearing Results Private Vehicle Use Forms Program Files (City Sponsored) Purchasing Files (Dept. copies) Reports of Street Lights Out Transportation Division Program Files The records proposed for destruction as described above and as listed in detail on Exhibit “A” of the attached resolutions all 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 or Department Head, City Clerk, and City Attorney. FISCAL IMPACT The destruction of the specified records noted in the attached draft resolutions will not create an expense as the records proposed for destruction will be shredded at the City’s shredding event scheduled for Saturday, September 17, 2022. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Adopt Resolutions authorizing the destruction of specified records in the City Manager’s Office, Community Development, Finance, Parks, Recreation & Community Services, and Public Works Departments. Attachment 1: Draft Resolution No. 2022-____ for City Manager’s Office Attachment 2: Draft Resolution No. 2022-____ for Community Development Department Attachment 3: Draft Resolution No. 2022-____ for Finance Department Attachment 4: Draft Resolution No. 2022-____ for Parks, Recreation & Community Services Department Attachment 5: Draft Resolution No. 2022-____ for Public Works Department 1074 RESOLUTION NO. 2022-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS (AGENDA SUBSCRIPTIONS, BANKRUPTCY FILES, BIDS/PROPOSAL FILES, CHRONOLOGICAL FILES, MUNICIPAL CODE VIOLATION FILES, CLOSED RECRUITMENT FILES, REPORTS TO THE CITY MANAGER, CLAIMS AGAINST THE CITY FILES, POTENTIAL CLAIMS AGAINST THE CITY FILES, SURVEY RESPONSE, TIMESHEETS) ON FILE IN THE CITY MANAGER’S OFFICE 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; (e) The minutes, ordinances, or resolutions of the legislative body or of a city board or commission; and WHEREAS, the retention duration required by the approved City of Moorpark Records Retention Schedule (MRRS) is utilized to determine retention periods for records maintained by the City for record series expressly identified in the MRRS; and WHEREAS, the California Secretary of State’s Local Government Records Management Guidelines (CLGRMG) is utilized to determine retention periods for records maintained by the City for record series not expressly identified in the MRRS; and WHEREAS, the retention period required by the MRRS for bids/proposal files chronological files, and reports to the City Manager is two (2) years and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for City Council chronological files is four (4) years following termination and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for employees and contract staff chronological files is two (2) years and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for code enforcement Municipal Code violation case files is three (3) years following closure/completion and cites California Penal Code Section 801 as authority; and ATTACHMENT 1 1075 Resolution No. 2022-_____ Page 2 WHEREAS, the retention period in the CLGRMG for closed recruitment files is three (3) years following closure/completion and cites 29 CFR 1602 et seq.; 29 CFR 1627.3, and California Government Code Sections 12946 and 34090 as authority; and WHEREAS, the retention period required by the MRRS for timesheets is three (3) years and cites Code of Federal Regulations (CFR) 29 CFR 516.2 - 516.6 as authority; and WHEREAS, the retention period required by the MRRS for potential claims and claims against the City is five (5) years following closure and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period for agenda subscriptions, bankruptcy notices, and survey responses is not specified in the MRRS, and the CLGRMG does not specify a retention recommendation for such records, and therefore these records are to be retained for two (2) years following expiration under California Government Code Section 34090 as authority; and WHEREAS, records currently held by the City of Moorpark and listed on Exhibit “A” are no longer required and need not be retained as provided for in the approved City of Moorpark Records Retention Schedule, the Secretary of State’s Local Government Records Management Guidelines and/or state and federal law, and are proposed for destruction. 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) and are older than the applicable retention period recommended by the California Local Government Records Management Guidelines, and the City of Moorpark’s approved Retention Schedule listing of the type of record series. Further, the City Council finds the listed records 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. 1076 Resolution No. 2022-_____ Page 3 SECTION 4. The City Council also finds that the City Attorney, City Manager, and the City Clerk have given written consent to the destruction of said records, as shown on this draft 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 7th day of September, 2022. ________________________________ Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk Attachment: Exhibit “A” – Listing of Records to be Destroyed 1077 Resolution No. 2022-_____ Page 4 EXHIBIT “A” CONSENT FOR RECORDS DESTRUCTION California Government Code (GC), Section 34090, California Local Government Records Management Guidelines (CLGRMG), California Penal Code, Code of Federal Regulations (CFR), and City of Moorpark Records Retention Schedule (MRRS) DESCRIPTION DATES OF RECORDS TO BE DESTROYED RETENTION RECOMMENDATION CITATION (For longest retention period) Agenda Subscriptions for City Council and Planning Commission 1996 - 2010 Current + 2 Years GC § 34090 Bankruptcy Notice Files: Court Communications, Memorandums, Correspondence 1993 - 2019 Current + 2 Years GC § 34090 Bids/Proposals Files, Unsuccessful Bidders January 2020 - June 2020 Current + 2 Years MRRS: GC § 34090 City Council Correspondence Chronological File: Harper, Clint (Councilmember) 2001 - 2006 Terminated + 4 Years MRRS: GC § 34090 City Council Correspondence Chronological File: Wozniak, John (Councilmember) 2002 Terminated + 4 Years MRRS: GC § 34090 Chronological File Correspondence: City Manager Brown, Troy 2018 - 2019 Current + 2 Years MRRS: GC § 34090 Chronological File Correspondence: Public Works Manager Kroes, Shaun 2018 - 2019 Current + 2 Years MRRS: GC § 34090 Chronological File Correspondence: Assistant City Manager/City Clerk Traffenstedt, Deborah 2019 Current + 2 Years MRRS: GC § 34090 Chronological File Correspondence: Contract Staff: Special Projects Consultant Spangler, Ky 2011 - 2012 Current + 2 Years MRRS: GC § 34090 1078 Resolution No. 2022-_____ Page 5 Code Enforcement – Case Files Municipal Code Violations, Correspondence to City Manager (Those records maintained by City’s Manager’s Office separate from Community Development) (see attached detailed list) 1997 - 2010 Closed/Completed + 3 Years MRRS: California Penal Code, § 801 Correspondence, Contract Staff Chronological File: City Engineer, Charles Abbott & Associates (Engineering and Building & Safety) 1995 - 2006 Current + 2 Years MRRS: GC § 34090 Closed Recruitment Records, Destruction of Entire Paper Files (see attached detailed list) 2007 - 2018 Closed + 3 Years CLGRMG: 29 CFR 1602 et seq.; 29 CFR 1627.3; GC § 12946 and GC § 34090 Reports to City Manager (Weekly by Departments) 1997 - 2001 Current + 2 Years MRRS: GC § 34090 Reports to City Manager (Monthly by Departments) 1996 - 2000 Current + 2 Years MRRS: GC § 34090 Reports to City Manager (Quarterly by Departments) 1997 - 2001 Current + 2 Years MRRS: GC § 34090 Reports to City Manager (Annual by Departments) 2005 - 2006 Current + 2 Years MRRS: GC § 34090 Risk Management – Claims (Against the City) Files: Claim letters; Claim forms; Correspondence and memos; Court transcripts/documents; backup data (see attached detailed list) 2015 - 2017 Closed + 5 Years MRRS: GC § 34090 Risk Management – Potential Claims (Against the City) Files 2000 - 2016 Closed + 5 Years MRRS: GC § 34090 Survey Responses, Join the Conversation 2019 2 Years GC § 34090 Timesheets 1985 - 1997 3 Years MRRS: 29 CFR 516.2- 516.6 Consent to Destruction: ________________________________________________ Ky Spangler, City Clerk 1079 Resolution No. 2022-_____ Page 6 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 destroyed. ________________________________________________ Troy Brown, City Manager 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 1080 Closed Recruitment Files Destruction of Paper Files for the following Closed Recruitment Records: (The retention period begins from the last day of each noted month/year) 2007 Account Technician I 8/24/2007 Account Technician Ii or Senior Account Technician 12/21/2007 Box Office Cashier & Clerical Aide II Open Until Filled (12/2007) Clerical Aide II 8/13/2007 Clerical Aide/Crossing Guard Open Until Filled (12/2007) Finance/Accounting Manager 1/26/2007 Laborer/Custodian II or III 6/2007 Maintenance Worker II or III 3/16/2007 Program Director (Camp Moorpark)4/16/2007 Recreation Aide (Camp Moorpark)4/16/2007 Recreation Leader I and II (Camp Moorpark)4/16/2007 Recreation Leader III (Camp Moorpark)4/16/2007 Senior Management Analyst or Management Analyst 7/13/2007 2008 Camp Moorpark 4/18/2008 Crossing Guard Open Until Filled (12/2008) Finance Director or Finance/Accounting Manager 8/15/2008 Intern-Solid Waste and Recycling 4/4/2008 Laborer/Custodian II or III Open Until Filled (12/2008) Landscape/Parks Maintenance Superintendent 8/29/2008 Recreation Coordinator I 8/22/2008 Recreation Coordinator I or II 5/9/2008 Recreation Leader IV 5/9/2008 Secretary I 1/25/2008 2009 Account Technician I 4/24/2009 Camp Moorpark 4/10/2009 Laborer/Custodian II or III 2/17/2009 Landscape/Parks Maintenance Superintendent 7/8/2009 Parks & Landscape Manager 7/8/2009 Parks & Recreation Director 7/8/2009 Public Works Superintendent/Inspector 12/7/2009 Recreation Coordinator I/II or Recreation Leader IV 8/14/2009 Recreation Leader I or II 2/9/2009 1081 Closed Recruitment Files 2010 Camp Moorpark 4/2/2010 Clerical Aide 5/14/2010 Labor Custodian I or II 7/9/2010 Labor Custodian IV 10/29/2010 Senior Nutrition Coordinator 11/19/2010 2011 Active Adult Center Supervisor or Coordinator 4/1/2011 Assistant Engineer 5/13/2011 Camp Moorpark 3/30/2011 Laborer/Custodian I or II 1/28/2011 Recreation Coordinator I or II 4/15/2011 Senior Nutrition Coordinator 9/30/2011 2012 Camp Moorpark 3/29/2012 Laborer/Custodian I, II or III 7/2/2012 Laborer/Custodian I, II or III 11/16/2012 Recreation Leader I or II 1/13/2012 Recreation Leader I or II 6/15/2012 Recreation Supervisor 10/12/2012 2013 Account Clerk I or II 12/1/2013 Administrative Secretary 8/6/2013 Camp Moorpark 3/29/2013 Laborer/Custodian I, II or III Continuous (12/2013) Landscape/Parks Maintenance Superintendent 5/14/2013 2014 Account Clerk I or II 8/8/2014 Administrative Assisant I or II or Administrative Specialist 12/12/2014 Clerical Aide II 1/6/2014 Clerical Aide/Crossing Guard 1/28/2014 Laborer/Custodian II/Crossing Guard 2/5/2014 Laborer/Custodian I, II or III 10/1/2014 Maintenance Worker I 7/18/2014 Prinicpal Planner 11/7/2014 Recreation Aide, Leaders I, II or III 3/28/2014 Recreation Services Manager 10/6/2014 Senior Maintenance Worker 10/27/2014 1082 Closed Recruitment Files 2015 Accountant I 10/23/2015 Camp Moorpark 4/3/2015 City Engineer/Public Works Director 11/31/2015 Clerical Aide I or II 3/6/2015 Code Compliance Technician I 1/16/2015; 12/11/2015 Economic Development & Housing Manager 10/16/2015 Intern 5/29/2015 Laborer/Custodian I or II 8/14/2015 Laborer/Custodian I, II or III 11/13/2015 Public Works Supervisor 1/26/2015 Recreation Coordinator I or II 12/11/2015 Recreation Leader I or II 8/14/2015 Recreation Services Manager 1/19/2015 Recreation Supervisor 10/30/2015 Senior Account Technician or Account Technician I 10/23/2015 Senior Nutrition Coordinator 1/16/2015 2018 Administrative Assistant I or II 11/4/2018 Community Development Director 11/12/2018 Intern 11/30/2018 Maintenance Worker I, II or III 10/7/2018 Planning Manager 8/5/2018 Planning Technician 11/12/2018 Rec Assistant 8/26/2018 1083 Closed Claim Files Destruction of Paper Files for the following: Risk Management - Claims (Against the City) Files: FILE NO. FILE NAME FILE DATE CLOSE DATE DESTROY 200.2(4) Latunski, Joseph 8/21/1987 10/5/1987 10/4/1992 200.2(24) Adragna, Salvatore 1/27/1987 12/21/1987 12/20/1992 200.2(25) G. H. Palmer Associates 3/13/1987 11/2/1987 11/1/1992 200.2(45) Agnew, Cynthia, et al. 8/1/1988 2/11/1994 2/11/1999 200.2(80) Sigurdsson, Margaret 9/13/1988 3/10/1991 3/9/1996 200.2(310) Sanchez, Nellie 8/25/2005 8/12/2005 8/12/2010 200.2(342) Summer Construction, Inc. 4/18/2008 4/23/2008 4/23/2013 200.2(363) Lopez, Elizabeth 3/18/2010 6/14/2012 6/14/2017 200.2(386) Cantwell, Alice 12/27/2011 12/27/2011 12/26/2016 200.2(396) Velasco, Santos 9/23/2014 11/19/2014 11/19/2019 200.2(397) Tomlinson, Carolyn J. 7/29/2015 10/20/2015 10/19/2020 200.2(402) Calleguas Municipal Water District 3/30/2016 9/30/2016 9/30/2021 200.2(402)(A) ACWA/JPIA for Tamayo, Javier 3/30/2016 9/30/2016 9/30/2021 200.2(403) Diagle, Craig 11/28/2015 7/25/2016 7/25/2021 200.2(404) Cretal, Bruce K. 10/8/2016 6/21/2017 6/21/2022 200.2(406) Clarke, Jillian 6/1/2016 9/22/2016 9/22/2021 200.2(407) Lewis, Kenneth 9/29/2015 12/30/2016 12/30/2021 Moritz, Beth 6/1/2016 10/19/2016 10/19/2021 200.2(409) Howard J. McClure & Associates for Minor Lopez 6/4/2016 5/17/2017 5/17/2022 200.2(411) Mercury Insurance for Ceja, Alberto 6/5/2017 8/22/2017 8/22/2022 Special Event Claim: FILE NO. FILE NAME FILE DATE CLOSE DATE DESTROY 200.3 Orellana, Manuel F. (General Star Management Company) 6/15/1996 4/1/1998 4/1/2003 1084 Closed Municipal Code Violations Municipal Code Violations (Code Enforcement - Case Files in City Manager's Office): Destruction of Paper Files for the following: FILE NO. FILE NAME FILE DATE CLOSE DATE DESTROY 200.4 Gurley, Dabney; Betancourt, Oscar; Albertson's; Haxton 8/6/1997 12/1/2001 12/1/2004 200.4(1) MacNeil, Daria 8/21/1997 5/3/2007 5/3/2010 200.4(2) Anderson, Stephen R./R.V. Storage 9/2/1997 3/2/2000 3/3/2003 200.4(3) Embassy Ironworks 6/16/1999 6/29/1999 6/29/2002 200.4(4) Mountain Meadows Shopping Center 5/11/1999 11/17/1999 11/17/2002 200.4(5) Reynolds, John, 4/9/1999 6/24/1999 6/24/2002 200.4(6) Performance Nursery/Lucas, Thomas 6/24/1999 2/27/2004 2/27/2007 200.4(8) England, Whitfield & Tredway, LLP for Hollister, Cindy 1/8/2001 4/30/2002 4/30/2005 200.4(9) G & S Partnership 1/5/2000 6/30/2000 7/1/2003 200.4(10) Riddle, Robert 11/24/1998 6/2/2000 6/3/2003 200.4(11) Ruiz, Richard and Griselda 12/20/1999 12/20/1999 12/20/2002 200.4(12) Ferson, Wesley 12/20/1999 12/20/1999 12/20/2002 200.4(13) Weissbach, Ben 11/24/1998 4/30/1999 4/30/2002 200.4(14) Corona, David Frank 11/24/1998 1/5/1999 1/5/2002 200.4(15) Cook, Robert 8/7/1997 9/15/1997 9/15/2000 200.4(17) Tabor, Fred 3/28/2001 8/7/2001 8/7/2004 200.4(18) Vons - Moorpark 8/2/1999 5/15/2006 5/15/2009 200.4(19) Haxton, David 10/9/2001 2/4/2002 2/4/2005 200.4(20) Navarro, Manuel 7/16/2003 6/30/2004 7/1/2007 200.4(22) Anaya, Jaime 8/25/2003 6/3/2004 6/4/2007 200.4(24) Mr. & Mrs. Hemingway 7/25/2003 8/7/2003 8/7/2006 200.4(27) Yellin, Jeff 11/23/2004 1/24/2005 1/25/2008 200.4(28) Martinez, Benny 9/24/2010 10/5/2010 10/5/2013 1085 RESOLUTION NO. 2022-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS (EXPIRED BUSINESS REGISTRATIONS AND BUSINESS LICENSE RECORDS) ON FILE IN THE COMMUNITY DEVELOPMENT 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; (e) The minutes, ordinances, or resolutions of the legislative body or of a city board or commission; and WHEREAS, the retention duration required by the approved City of Moorpark Records Retention Schedule (MRRS) is utilized to determine retention periods for records maintained by the City for record series’ expressly identified in the MRRS; and WHEREAS, the California Secretary of State’s Local Government Records Management Guidelines (CLGRMG) is utilized to determine retention periods for records maintained by the City for record series’ not expressly identified in the MRRS; and WHEREAS, the retention period for business license subject files is not specified in the MRRS; and the required by the CLGRMG for is four (4) years following termination and cites California Government Code Section 34090 and Code of Civil Procedure Section 337 as authority; and WHEREAS, records currently held by the City of Moorpark and listed on Exhibit “A” are no longer required and need not be retained as provided for in the approved City of Moorpark Records Retention Schedule, the Secretary of State’s Local Government Records Management Guidelines and/or state and federal law, and are proposed for destruction. 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) and are older than the applicable retention period recommended by the California Local Government Records Management Guidelines, and the City of Moorpark’s approved Retention Schedule listing of the type of record series. Further, the City Council finds the listed records are not currently subject to a legal hold. that would otherwise prohibit their destruction. ATTACHMENT 2 1086 Resolution No. 2022-____ Page 2 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. SECTION 4. The City Council also finds that the City Attorney, Community Development Director, and the City Clerk have given written consent to the destruction of said records, as shown on this draft 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 7th day of September, 2022. Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk Attachment: Exhibit “A” – Listing of Records to be Destroyed 1087 Resolution No. 2022-____ Page 3 EXHIBIT “A” RECORDS DESTRUCTION CONSENT CONSENT FOR RECORDS DESTRUCTION California Code of Civil Procedure (CCP) California Government Code (GC), Section 34090, and California Local Government Records Management Guidelines (CLGRMG) DESCRIPTION DATES OF RECORDS TO BE DESTROYED RETENTION RECOMMENDATION CITATION (For longest retention period) Expired Business Registrations and Business License Records 2013 - 2017 Terminated/Expired + 4 Years CLGRMG: GC § 34090 & CCP 337 Consent to Destruction: ________________________________________________ Ky Spangler, City Clerk 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 destroyed. Consent to Destruction: ________________________________________________ Carlene Saxton, Community Development 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. Consent to Destruction: ________________________________________________ Kevin Ennis, City Attorney 1088 RESOLUTION NO. 2022-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS (1099 FILES) ON FILE IN THE FINANCE 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; (e) The minutes, ordinances, or resolutions of the legislative body or of a city board or commission; and WHEREAS, the retention duration required by the approved City of Moorpark Records Retention Schedule (MRRS) is utilized to determine retention periods for records maintained by the City for record series’ expressly identified in the MRRS; and WHEREAS, the retention period required by the MRRS for 1099 Files is five (5) years following closure or completion and cites Government Code Section 34090 as authority; and WHEREAS, records currently held by the City of Moorpark and listed on Exhibit “A” are no longer required and need not be retained as provided for in the approved City of Moorpark Records Retention Schedule, the Secretary of State’s Local Government Records Management Guidelines and/or state and federal law, and are proposed for destruction. 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) and are older than the applicable retention period recommended by the California Local Government Records Management Guidelines, and the City of Moorpark’s approved Retention Schedule listing of the type of record series. Further, the City Council finds the listed records 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. ATTACHMENT 3 1089 Resolution No. 2022-____ 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 Attorney, Finance Director, and the City Clerk have given written consent to the destruction of said records, as shown on this draft 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 7th day of September, 2022. Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk Attachment: Exhibit “A” – Listing of Records to be Destroyed 1090 Resolution No. 2022-____ Page 3 EXHIBIT “A” CONSENT FOR RECORDS DESTRUCTION California Government Code (GC), Section 34090, and City of Moorpark Records Retention Schedule (MRRS) DESCRIPTION DATES OF RECORDS TO BE DESTROYED RETENTION RECOMMENDATION CITATION (For longest retention period) 1099 Files 1996 - 2016 5 Years MRRS: GC § 34090 Consent to Destruction: ________________________________________________ Ky Spangler, City Clerk 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 destroyed. Consent to Destruction: ________________________________________________ Vivien Avella, Finance 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. Consent to Destruction: ________________________________________________ Kevin Ennis, City Attorney 1091 RESOLUTION NO. 2022-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS (DEPARTMENT BROCHURES ADVERTISERS FILES; BANK RECONCILIATIONS FILES; DEPARTMENTAL DIRECTOR – COMMUNITY SERVICES DEPARTMENTAL REPORTS; RECREATION REGISTRATION DATABASE RECORDS; FACILITIES RESERVATION FORMS; PROGRAM FILES (CITY PARTICIPATION): STRIKE OUT STROKE GRANT PROGRAM AND SENIOR NUTRITION PROGRAM; PROGRAM FILES, (CITY SPONSORED): ACTIVITIES TOTAL REPORTS, SCOREBOOKS YOUTH AND ADULT SPORTS SCOREBOOKS, PROGRAM EVALUATIONS (CLASS EVALUATIONS), TEEN PROGRAMS, YOUTH BASKETBALL, SKATEPARK RECORDS; PURCHASING FILES (DEPARTMENT COPIES); RECEIPTS, ACTIVE NETWORK; TIME SHEETS (DEPARTMENT COPIES); AND PROGRAM REGISTRATION/WAIVERS OF LIABILITY: VOLUNTEER FORMS FOR MINORS AND ADULTS, INFORMED CONSENT AND RELEASE: CAMP WAIVERS, YOUTH BALLET, SPORTS OF ALL SORTS, PRE-KARATE, SKATEPARK, FAMILY MUSIC TOGETHER, JUNIOR GOLF, TRIBAL BELLY DANCE, ADULT SOFTBALL, AND CAMP MOORPARK) ON FILE IN THE PARKS, RECREATION & COMMUNITY 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; (e) The minutes, ordinances, or resolutions of the legislative body or of a city board or commission; and WHEREAS, the retention duration required by the approved City of Moorpark Records Retention Schedule (MRRS) is utilized to determine retention periods for records maintained by the City for record series’ expressly identified in the MRRS; and WHEREAS, the California Secretary of State’s Local Government Records Management Guidelines (CLGRMG) is utilized to determine retention periods for records maintained by the City for record series’ not expressly identified in the MRRS; and ATTACHMENT 4 1092 Resolution No. 2022-____ Page 2 WHEREAS, the retention period required by the MRRS for department brochures advertiser files is two (2) years following being superseded and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for bank reconciliation files is two (2) years following audit and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for department director departmental reports for Arroyo Vista Recreation Center (AVRC) vehicle key and phone logs is two (2) years and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for recreation registration database records generally, and facilities reservation forms for cancelled and denied rentals, is five (5) years and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for facilities reservation forms for rental permits is two (2) years and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for program files for City participation in Ventura County Area Agency on Aging programs is four (4) years following closure or completion and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for program files for City sponsored recreation programs at the Arroyo Vista Recreation Center (including Teen Council, and sports programs) is five (5) years following closure or completion and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for program (class) evaluations is two (2) years and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for departmental copies of purchasing files and timesheets is two (2) years and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for program registration waivers of liability is five (5) years and cites California Government Code Section 34090 as authority; and WHEREAS, records currently held by the City of Moorpark and listed on Exhibit “A” are no longer required and need not be retained as provided for in the approved City of Moorpark Records Retention Schedule, the Secretary of State’s Local Government 1093 Resolution No. 2022-____ Page 3 Records Management Guidelines and/or state and federal law, and are proposed for destruction. 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) and are older than the applicable retention period recommended by the California Local Government Records Management Guidelines, and the City of Moorpark’s approved Retention Schedule listing of the type of record series. Further, the City Council finds the listed records 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. SECTION 4. The City Council also finds that the City Attorney, Parks and Recreation Director, and the City Clerk have given written consent to the destruction of said records, as shown on this draft 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 7th day of September, 2022. Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk Attachment: Exhibit “A” – Listing of Records to be Destroyed 1094 Resolution No. 2022-____ Page 4 EXHIBIT “A” CONSENT FOR RECORDS DESTRUCTION California Government Code (GC), Section 34090, and City of Moorpark Records Retention Schedule (MRRS) DESCRIPTION DATES OF RECORDS TO BE DESTROYED RETENTION RECOMMENDATION CITATION (For longest retention period) Department Brochures Advertisers Files 2000 - 2010 Superseded + 2 Years MRRS: GC § 34090 Bank Reconciliations Files: Cash Count Verification Forms, from Arroyo Vista Recreation Center 2013 - 2017 Audit + 2 Years MRRS: GC § 34090 Departmental Director – Community Services Departmental Reports: AVRC Vehicle Key and Phone Logs (Originals) 2013 - 2017 2 Years MRRS: GC § 34090 Recreation Registration Database Records: Program data (inactive/historical) Facilities Reservation Forms: Cancelled/Denied Rental Permits 2014 - 6/2017 5 Years MRRS: GC § 34090 Facilities Reservation Forms: Rental Permits #4100 – 13000 2015 - 2019 2 Years MRRS: GC § 34090 Program Files (City Participation) Ventura County Area Agency on Aging (VCAAA) Strike Out Stroke Grant Program documents: participant registration forms, aggregate screening results, correspondence, and contracts. (Active Adult Center) 2006 - 2007 Closed/Completed + 4 Years MRRS: GC § 34090 1095 Resolution No. 2022-____ Page 5 DESCRIPTION DATES OF RECORDS TO BE DESTROYED RETENTION RECOMMENDATION CITATION (For longest retention period) Program Files (City Participation) Ventura County Area Agency on Aging (VCAAA) Senior Nutrition Program documents: grant documents, participant intake forms, monthly requests for funds, correspondence, and melas rosters. (Active Adult Center) 2004 - 2018 Closed/Completed + 4 Years MRRS: GC § 34090 Program Files, (City Sponsored): Activities Total Reports (Arroyo Vista Recreation Center) 2001; 2010; 2012 Closed/Completed + 5 Years MRRS: GC § 34090 Program Files (City Sponsored): Scorebooks Youth and Adult Sports Scorebooks 2008 - 2011; 2016 - 2017 Closed/Completed + 5 Years MRRS: GC § 34090 Program Evaluations (Class Evaluations) 1998 - 2003 2 Years MRRS: GC § 34090 Program Files (City Sponsored): Teen Programs 2010 - 2015 Closed/Completed + 5 Years MRRS: GC § 34090 Program Files (City Sponsored): Youth Basketball - Coaches Interest Applications, Potential Claims Copies, Informed Consent and Release Forms, Schedules, Rosters, Score Keepers Reports, Ejection Reports, Evaluation Forms 2008 - 2009 Closed/Completed + 5 Years MRRS: GC § 34090 1096 Resolution No. 2022-____ Page 6 DESCRIPTION DATES OF RECORDS TO BE DESTROYED RETENTION RECOMMENDATION CITATION (For longest retention period) Program Files (City Sponsored): Skatepark Records: Activity Attendance Sheets, Incident Reports, Skate Contests, Skate Event, Skatepark Ramps, Forms, Rules, Policy 1997 - 2001 Closed/Completed + 5 Years MRRS: GC § 34090 Purchasing Files (Department Copies) Credit Card Receipts, Purchase Orders, Vendor/Supplier Information; Correspondence and Backup Data 1998 - 2003; August 2015 - June 2020 2 Years MRRS: GC § 34090 Receipts, Active Network (Recreation Registration Database Records) 2008 - 2010 Closed/Completed + 5 Years MRRS: GC § 34090 Time Sheets (Department Copies) Timecards: Copies of Staff Timecards 2004 - 2006; and 2009 - 2012 1 Year MRRS: GC § 34090.7 Program Registration/Waivers of Liability: Volunteer Forms for Minors and Adults, Informed Consent and Release; Rosters; Parent Pledges 2003 - 2017 5 Years MRRS: GC § 34090 Program Registration/Waivers of Liability: Volunteer Forms for Minors and Adults, Informed Consent and Release: Camp Waivers 2000 - 2002; 2010 - 2013 5 Years MRRS: GC § 34090 Program Registration/Waivers of Liability: Youth Ballet Registration 2011 5 Years MRRS: GC § 34090 1097 Resolution No. 2022-____ Page 7 DESCRIPTION DATES OF RECORDS TO BE DESTROYED RETENTION RECOMMENDATION CITATION (For longest retention period) Program Registration/Waivers of Liability: Sports of All Sorts and Pre-Karate 2009 5 Years MRRS: GC § 34090 Program Registration/Waivers of Liability: AVRC Skatepark Registration 2003 - 2007 5 Years MRRS: GC § 34090 Program Registration/Waivers of Liability: Family Music Together Spring, Summer, Fall and Winter 2010 - 2011 5 Years MRRS: GC § 34090 Program Registration/Waivers of Liability: Junior Golf Summer 2009 2009 5 Years MRRS: GC § 34090 Program Registration/Waivers of Liability: Tribal Belly Dance Fall 2009 2009 5 Years MRRS: GC § 34090 Program Registrations/Waivers of Liability: Adult Sports: Spring, Summer, Fall and Winter Soccer and Softball Rosters, Waivers, and Schedules 2010 - 2012 5 Years MRRS: GC § 34090 1098 Resolution No. 2022-____ Page 8 DESCRIPTION DATES OF RECORDS TO BE DESTROYED RETENTION RECOMMENDATION CITATION (For longest retention period) Program Files (City- Sponsored): Camp Moorpark (Spring, Summer, Fall and Winter): Administrative files, Field trips, budget/purchasing, parties, forms, working files, staffing, special guests/attractions, sign-in sheets, potential claim forms (copies), attendance sheets, medication log, activity evaluations, camp c.r.e.a.t.e. 2002 - 2004 Closed/Completed + 5 Years MRRS: GC § 34090 Consent to Destruction: ________________________________________________ Ky Spangler, City Clerk 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 destroyed. Consent to Destruction: ________________________________________________ Jeremy Laurentowski, Parks and Recreation 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. Consent to Destruction: ________________________________________________ Kevin Ennis, City Attorney 1099 RESOLUTION NO. 2022-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS (PURCHASING FILES; PROGRAM FILES (CITY- SPONSORED) INCLUDING DEPARTMENTAL AGREEMENT RECORDS; DEPARTMENT DIRECTOR – DIVISION FILES: LAWSUIT/CLAIM RECORDS; LETTERS OF DISMISSED PARKING CITATION HEARING RESULTS; PARKING CITATION APPEALS AND ADMINISTRATIVE HEARINGS; PRIVATE VEHICLE USE FORMS; PARKING CITATIONS; SOUTHERN CALIFORNIA EDISON REPORTS OF STREET LIGHTS OUT/MALFUNCTIONING; AND TRANSPORTATION PROGRAM DIVISION FILES) ON FILE IN THE PUBLIC WORKS 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; (e) The minutes, ordinances, or resolutions of the legislative body or of a city board or commission; and WHEREAS, the retention duration required by the approved City of Moorpark Records Retention Schedule (MRRS) is utilized to determine retention periods for records maintained by the City for record series’ expressly identified in the MRRS; and WHEREAS, the California Secretary of State’s Local Government Records Management Guidelines (CLGRMG) is utilized to determine retention periods for records maintained by the City for record series’ not expressly identified in the MRRS; and WHEREAS, the retention period required by the MRRS for departmental copies of purchasing files is two (2) years and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for City sponsored transit program files is four (4) years following closure or completion and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for department director division files related to legal claims is five (5) years and cites California Government Code Section 34090 as authority; and ATTACHMENT 5 1100 Resolution No. 2022-_____ Page 2 WHEREAS, the retention period required by the MRRS for department director division files related to parking citation matters, private vehicle use forms, and street light malfunction records is two (2) years and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for transportation division program files is two (2) years following closure or completion and cites California Government Code Section 34090 as authority; and WHEREAS, records currently held by the City of Moorpark and listed on Exhibit “A” are no longer required and need not be retained as provided for in the approved City of Moorpark Records Retention Schedule, the Secretary of State’s Local Government Records Management Guidelines and/or state and federal law, and are proposed for destruction. 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) and are older than the applicable retention period recommended by the California Local Government Records Management Guidelines, and the City of Moorpark’s approved Retention Schedule listing of the type of record series. Further, the City Council finds the listed records 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. SECTION 4. The City Council also finds that the City Attorney, City Manager, and the City Clerk have given written consent to the destruction of said records, as shown on this draft 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”. 1101 Resolution No. 2022-_____ Page 3 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 7th day of September, 2022. Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk Attachment: Exhibit “A” – Listing of Records to be Destroyed 1102 Resolution No. 2022-_____ Page 4 EXHIBIT “A” CONSENT FOR RECORDS DESTRUCTION California Government Code (GC), Section 34090, and City of Moorpark Records Retention Schedule (MRRS) DESCRIPTION DATES OF RECORDS TO BE DESTROYED RETENTION RECOMMENDATION CITATION (For longest retention period) Purchasing Files (Departmental Copies): Closed Purchase Orders 2008 - 2009 2 Years MRRS: GC § 34090 Program Files (City-Sponsored) Departmental Agreement Records: Nationwide Paratransit Services 2008 - 2009 Closed/Completed + 4 Years MRRS: GC § 34090 Program Files (City-Sponsored) Departmental Agreement Records: Durham School Services 2008 - 2009 Closed/Completed + 4 Years MRRS: GC § 34090 Department Director – Division Files: Lawsuit/Claim Records: Nationwide Transit vs. Bartolotto 2010 - 2011 5 Years MRRS: GC § 34090 Department Director/Division Files: Letters of Parking Citation Hearing Results 2008 - 2019 Current + 2 Years MRRS: GC § 34090 Department Director/Division Files: Letters of Dismissed Parking Citation Hearing Results 2008 - 2019 Current + 2 Years MRRS: GC § 34090 Department Director/Division Files: Parking Citation Appeals and Administrative Hearings 2018 - 2019 Current + 2 Years MRRS: GC § 34090 Department Director/Division Files: Private Vehicle Use Forms 2008 - 2010 Current + 2 Years MRRS: GC § 34090 Department Director/Division Files: Parking Citations 2008 - 2010 Current + 2 Years MRRS: GC § 34090 Department Director/Division Files: Southern California Edison Reports of Street Lights Out / Malfunctioning 2008 - 2010 Current + 2 Years MRRS: GC § 34090 1103 Resolution No. 2022-_____ Page 5 DESCRIPTION DATES OF RECORDS TO BE DESTROYED RETENTION RECOMMENDATION CITATION (For longest retention period) Transportation Program Division Files: Go Ventura Bus Pass Applications; and Moorpark Transit Daily Log Sheets; and Moorpark Dial-A-Ride Daily Trip Logs 2011 Closed/Completed + 2 Years MRRS: GC § 34090 Transportation Program Division Files: Transit Route Evaluation (desk file) 2008 Closed/Completed + 2 Years MRRS: GC § 34090 Transportation Program Division Files: MV Transit (desk file: Agreement and correspondence) 2008 - 2009 Closed/Completed + 2 Years MRRS: GC § 34090 City Transit Consultants 2008 Closed/Completed + 2 Years MRRS: GC § 34090 Transportation Program Division Files: ADA Paratransit 2016 - 2018 Closed/Completed + 2 Years MRRS: GC § 34090 Transportation Program Division Files: Metrolink Holiday Express 2008 - 2012 Closed/Completed + 2 Years MRRS: GC § 34090 Transportation Program Division Files: Bus Ridership Reports 1993 - 1995 Closed/Completed + 2 Years MRRS: GC § 34090 Transportation Program Division Files: Smart Card Passport Summary Sheets 1995 - 1997 Closed/Completed + 2 Years MRRS: GC § 34090 Transportation Program Division Files: Transit Bus 1993 Closed/Completed + 2 Years MRRS: GC § 34090 Transportation Program Division Files: Transit Reports, Monthly 1993 - 2001 Closed/Completed + 2 Years MRRS: GC § 34090 Transportation Program Division Files: Transportation Development Act TDA Claim 1988 - 1994 Closed/Completed + 2 Years MRRS: GC § 34090 1104 Resolution No. 2022-_____ Page 6 DESCRIPTION DATES OF RECORDS TO BE DESTROYED RETENTION RECOMMENDATION CITATION (For longest retention period) Transportation Program Division Files: Vista East Service Indicators and Correspondence 1994 - 1997 Closed/Completed + 2 Years MRRS: GC § 34090 Consent to Destruction: ________________________________________________ Ky Spangler, City Clerk 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 destroyed. ________________________________________________ Daniel Kim, City Engineer/Public Works 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 1105