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Home My WebLink AboutAGENDA REPORT 2017 0906 CCSA REG ITEM 10L ITEM 10.L. CITY OFMOORPARK,CALIFORNIA City Council Meeting of 9-6 -oroL? ACTION: o� ao• MOORPARK CITY COUNCIL - 3/4,/. AGENDA REPORT TO: Honorable City Council FROM: Maureen Benson, City Clerk y'1U7 Prepared by: Blanca Garza, Deputy City Clerk l 34( DATE: August 30, 2017 (CC Meeting of 9/06/2017) SUBJECT: Consider Resolution Authorizing the Destruction of City Records (Closed Code Compliance File Records) on file in the Community Development Department BACKGROUND Staff is requesting authorization to destroy Closed Code Compliance File records on file in the Community Development Department that are identified in Exhibit "A" of the attached draft resolution. The approved City of Moorpark Records Retention Schedule (MRRS), The California Secretary of State's Local Government Records Management Guidelines, dated February 2006, (CLGRMG), and relevant state laws set the applicable retention period for Closed Code Compliance File records and are listed on Exhibit"A"of the attached draft resolution. 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 (2) years has been met(unless otherwise required by law or the records fall under specified categories in Section 34090) with the approval of the legislative body by resolution and the written consent of the City Attorney. In this case, the records do not fall into any specific categories under Section 34090, as 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 original minutes, ordinances or resolutions of the City Council or any board or commission of the City; and are not otherwise required to be kept by statute. Additionally, these records are not an agreement, development project and/or capital project files. 462 Honorable City Council September 6, 2017, Regular Meeting Page 2 Section 801 of the California Penal Code requires a longer retention period of three (3) years for records involving certain types of crimes, which affects some of the records proposed for destruction here. Pursuant to the MRRS, the City retains all Code Compliance File records for three (3) years in accordance with the Penal Code. Accordingly, the records have been retained for three (3) years. DISCUSSION The paper records proposed for destruction are listed on Exhibit "A" of the attached draft resolution. All such records proposed for destruction meet or exceed required retention periods under law, including the California Government Code and the CLGRMG. The retention period for Code Compliance files is three (3) years following the closure of the particular case file. The applicable retention periods are also included with Exhibit "A" for reference. The approved written consent of the Community Development Director, City Clerk, and the City Attorney is included with 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. STAFF RECOMMENDATION Adopt Resolution No. 2017- Attachment: Draft Resolution • 463 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS (CLOSED CODE COMPLIANCE CASE FILES WHICH ARE CLOSED/COMPLETED PLUS 3 YEARS) 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 CLGRMG recommend a retention period for Code Enforcement Case File Records as closed plus two years in accordance with Government Code 34090d; and WHEREAS, the City of Moorpark's adopted Records Retention Schedule (MRRS) sets the applicable retention period in accordance with Penal Code Section 801 for Code Enforcement Case File Records; and WHEREAS, the MRRS, exceeds the two year retention required by Government Code Section 34090 and instead authorizes the destruction of Code Enforcement Case File Records after the file has been Closed/Completed for at least three (3) years pursuant to California Penal Code Section 801; and WHEREAS, California Penal Code Section 801 establishes a three (3) year statute of limitations from the date of the offense for the prosecution of offenses punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 of the Penal Code; and WHEREAS, other federal or state law does not affect the record retention period for the City records proposed for destruction in Exhibit "A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that the records set forth in Exhibit "A", attached hereto, are older than the applicable retention period required by State law (including Government Code Section 34090 and Penal Code Section 801) and federal law, are older that the applicable retention period recommended. by the CLGRMG and the MRRS. Further, the City Council finds that the records listed in Exhibit "A" are not currently subject to a legal hold that would otherwise prohibit their destruction. 464 Resolution No. 2017- 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 Community Development Director, 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 6th day of September, 2017. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Attachment: Exhibit "A" 465 Resolution No. 2017- Page 3 EXHIBIT "A" CONSENT FOR PAPER AND ELECTRONIC RECORDS DESTRUCTION California Government(GC)Code,Section 12946 and 34090, California Penal(PC) Code,Section 801, California Local Government Records Management Guidelines(CLGRMG), City of Moorpark Records Retention Schedule(MRRS) DESCRIPTION DATES OF RETENTION CITATION RECORDS REQUIREMENT (For longest (YEARS) retention period) Closed Code Compliance March 1985— Closed/Completed MRRS (PC 801) Case Files: December + 3 Years 2006 • Consent to Destruction: -�-- Maureen Benson, 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. / Dave obardt, ommunity Develop ent 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 466