The URL can be used to link to this page

Home My WebLink AboutRES CC 2022 4125 2022 0907 RESOLUTION NO. 2022-4125 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 Resolution No. 2022-4125 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. Resolution No. 2022-4125 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. (fb-t,L c-e_-v- 7) -PA A-A r fr\,---" Janice S. Parvin, Mayor ATTEST: 51 Ky Spa g er, Cit rk4%�' Attachment: Exhibit "A" — Listing of Records to be Destroyed o` qrED ,1�t l Resolution No. 2022-4125 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 RETENTION CITATION RECORDS TO RECOMMENDATION (For longest BE retention period) DESTROYED Agenda Subscriptions for City 1996 - 2010 Current + 2 Years GC § 34090 Council and Planning Commission Bankruptcy Notice Files: 1993 - 2019 Current + 2 Years GC § 34090 Court Communications, Memorandums, Correspondence Bids/Proposals Files, January 2020 - Current + 2 Years MRRS: Unsuccessful Bidders June 2020 GC § 34090 City Council Correspondence 2001 - 2006 Terminated + 4 Years MRRS: Chronological File: Harper, Clint GC § 34090 (Councilmember) City Council Correspondence 2002 Terminated + 4 Years MRRS: Chronological File: Wozniak, GC § 34090 John (Councilmember) Chronological File 2018 - 2019 Current + 2 Years MRRS: Correspondence: GC § 34090 City Manager Brown, Troy Chronological File 2018 - 2019 Current + 2 Years MRRS: Correspondence: GC § 34090 Public Works Manager Kroes, Shaun Chronological File 2019 Current + 2 Years MRRS: Correspondence: GC § 34090 Assistant City Manager/City Clerk • Traffenstedt, Deborah Chronological File 2011 - 2012 Current + 2 Years MRRS: Correspondence: GC § 34090 Contract Staff: Special Projects • Consultant Spangler, Ky Resolution No. 2022-4125 Page 5 Code Enforcement— Case Files 1997 - 2010 Closed/Completed + MRRS: Municipal Code Violations, 3 Years California Penal Correspondence to City Manager Code, § 801 (Those records maintained by City's Manager's Office separate from Community Development) (see attached detailed list) Correspondence, Contract Staff 1995 - 2006 Current + 2 Years MRRS: Chronological File: GC § 34090 City Engineer, Charles Abbott & Associates (Engineering and Building & Safety) Closed Recruitment Records, 2007 - 2018 Closed + 3 Years CLGRMG: Destruction of Entire Paper Files 29 CFR 1602 et seq.; (see attached detailed list) 29 CFR 1627.3; GC § 12946 and GC § 34090 Reports to City Manager 1997 - 2001 Current + 2 Years MRRS: (Weekly by Departments) GC § 34090 Reports to City Manager 1996 - 2000 Current + 2 Years MRRS: (Monthly by Departments) GC § 34090 Reports to City Manager 1997 - 2001 Current + 2 Years MRRS: (Quarterly by Departments) GC § 34090 Reports to City Manager 2005 - 2006 Current + 2 Years MRRS: (Annual by Departments) GC § 34090 Risk Management— Claims 2015 - 2017 Closed + 5 Years MRRS: (Against the City) Files: Claim GC § 34090 letters; Claim forms; Correspondence and memos; Court transcripts/documents; backup data (see attached detailed list) Risk Management— Potential 2000 - 2016 Closed + 5 Years MRRS: Claims (Against the City) Files GC § 34090 . Survey Responses, Join the 2019 2 Years GC § 34090 Conversation Timesheets 1985 - 1997 3 Years MRRS: 29 CFR 516.2- 1 516.6 Consent to Destruction: Ky Spa le , City erk Resolution No. 2022-4125 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. AT. iimah Troy ; • g ', 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 Resolution No. 2022-4125 Page 7 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; 8/6/1997 12/1/2001 12/1/2004 Betancourt, Oscar; Albertson's; Haxton 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 4/3012002 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 Resolution No. 2022-4125 Page 8 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 Resolution No. 2022-4125 Page 9 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 Resolution No. 2022-4125 Page 10 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 Resolution No. 2022-4125 Page 11 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 Oreliana, Manuel F. (General Star Management 6/15/1996 4/1/1998 4/1/2003 Company) Resolution No. 2022-4125 Page 12 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2022-4125 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 7th day of September, 2022, and that the same was adopted by the following vote: AYES: Councilmembers Castro, Enegren, Groff, and Mayor Parvin NOES: None ABSENT: Councilmember Pollock ABSTAIN: None WITNESS my hand and the official seal of said City this 8th day of September, 2022. Ky Sp glen, City erk (seal) Arit.41WA'' no, 441101Pk 4 A. rFp J�'�