HomeMy WebLinkAboutAGENDA REPORT 2011 0302 CC REG ITEM 10GITEM 10.G.
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City Council Meeting
ACTION:
MOORPARK CITY COUNCIL A9 //- 3009.
AGENDA REPORT -- --
TO: Honorable City Council
FROM: Dave Klotzle, Interim City Engineer /Public Works Director ,
Prepared by: Shaun Kroes, Senior Management Analyst __
DATE: February 18, 2011 (CC meeting of 03/02/11)
SUBJECT: Consider Resolution Authorizing the Destruction of Security Camera
Routine Video Monitoring Recordings after Minimum Retention Period
of One Year Upon Approval of City Clerk
BACKGROUND /DISCUSSION
Government Code Section 34090.6 et. seq, authorizes the head of a city department to
destroy recordings of routine video monitoring under his /her charge, without making a copy
thereof, after the same is no longer required after the minimum retention period of one year
has been met, with the approval of the legislative body by resolution and the written
consent of the City Attorney. In the event that the recordings are evidence in any claim
filed or any pending litigation, they shall be preserved until pending litigation is resolved.
The City of Moorpark currently has security camera systems at the Metrolink Train Station
and Poindexter Park, and Arroyo Vista Recreation Center. The City's cameras at the
Metrolink Train Station (Station) were previously exempt from record retention
requirements due to an exemption provided for in Government Code Section 34090.8 et.
seq. Security camera systems for transit agencies do not have to retain security camera
footage for any period of time so long as certain criteria are met, including but not limited to
the technical infeasibility of storing the amount of data required. With the integration of
Poindexter Park into the Station security camera system, staff was able to retain footage
for both Poindexter Park and the Station using external hard drives. The security camera
system at the Arroyo Vista Recreation Center is currently not operating due to technical
difficulties that prevent the security camera system from maintaining its backup system
requirements (i.e., the system will not retain footage for the required amount of time).
The current security camera system for the Poindexter Park records a month's worth of
security footage on an external hard drive. Staff exchanges the hard drives monthly.
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Honorable City Council
March 2, 2011
Page 2
Currently, there are thirteen months of data stored on thirteen external hard drives. The
first hard drive, which contains footage from January 1 through 31, 2010, can now be
destroyed. Staff proposes to destroy the footage by using the external hard drive to record
a new month's worth of data. New security camera footage will re- record over the previous
data. Staff proposes to continue this practice each month, recording over the previous
month's data from a year ago.
Rather than submit a request to City Council every month, staff is proposing the attached
Resolution, authorizing City staff to record new security camera footage onto hard disks
that have security camera footage from a year ago on a continual basis. In order to ensure
that security camera footage involved in a claim filed or any pending litigation is not
accidentally destroyed, the City Clerk shall approve in writing each destruction of security
camera video monitoring over one year old. It is also proposed that the policy established
by the attached resolution will be incorporated in the next update to the City Council
Policies Resolution (currently Resolution 2010 -2959) including a requirement for City
Attorney annual review. The attached resolution includes the City Attorney's approval of
the City Clerk to regularly consent to destruction of routine video monitoring after the
minimum retention period of one year has been met.
FISCAL IMPACT
Staff s intent is to minimize hard disk or other electronic storage device costs by permitting
destruction of routine video monitoring surveillance to achieve the minimum statutory
retention requirements.
STAFF RECOMMENDATION
Adopt Resolution No. 2011 -
Attachment-. Draft Resolution.
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RESOLUTION NO. 2011 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF SECURITY CAMERA ROUTINE VIDEO
MONITORING RECORDINGS EXCEEDING THE
REQUIRED RETENTION PERIOD OF ONE YEAR FROM
THE DATE OF THE RECORDED FOOTAGE
WHEREAS, Government Code Section 34090.6, et. seq, authorizes the
destruction of recordings of routine video monitoring of City buildings that are no longer
required after the minimum retention period of one year has been met, with the
approval of the legislative body by resolution and the written consent of the City
Attorney; and
WHEREAS, routine video monitoring records currently held by the City of
Moorpark, which are no longer required and which need not be retained as provided for
in the Government Code and State and Federal authorities may be destroyed in
accordance with the appropriate provisions if the recordings are not evidence in any
claim filed or pending litigation; and
WHEREAS, this resolution is not applicable to routine transit security monitoring
electronic file retention for which Public Utilities Code Section 99164 and Government
Code Section 34090.8 are applicable.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that security camera routine video
monitoring recordings for any City owned and leased facilities, buildings, and parks may
be destroyed after one year from the date of recording, if the recordings are not
evidence in any claim filed or any pending litigation.
SECTION 2. The City Council also finds that the City Attorney has given written
consent to the destruction of said records, as shown on Exhibit "A ".
SECTION 3. The City Council hereby authorizes the City Clerk to approve in
writing the destruction of security camera routine video monitoring recordings after one
year from the date of recording, after written confirmation that the recording(s) are not
evidence in any claim filed or any pending litigation.
SECTION 4. 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.
235
Resolution No. 2011 -
Page 2
PASSED AND ADOPTED this 2nd day of March, 2011.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
236
Resolution No. 2011 -
Page 3
EXHIBIT "A"
RECORDS DESTRUCTION CONSENT
Citation: California Government (CG) Code 34090.6, et. seq.
Consent to destruction subject to City Clerk written approval and confirmation that the
recordings are not evidence in any claim filed or any pending litigation:
Joseph Montes
City Attorney
237
Retention
Description
Requirement
Citation
Years
Security camera
routine video
Minimum
GC 34090.6
monitoring
1 Year
recordings
Consent to destruction subject to City Clerk written approval and confirmation that the
recordings are not evidence in any claim filed or any pending litigation:
Joseph Montes
City Attorney
237