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Home My WebLink AboutAGENDA REPORT 2017 1220 CCSA REG ITEM 10F ITEM 10.F. MOORPARK CITY COUNCIL /01-010-020/ AGENDA REPORT aez'; � °Zvi'?---345-9. TO: Honorable City Council FROM: Maureen Benson, City Clerk 1}J3V I Prepared by: Blanca Garza, Deputy City Clerk ' DATE: November 21, 2017 (CC Meeting of 12/20/2017) SUBJECT: Consider Resolution Authorizing the Destruction of City Records (Transportation Program Division File Records) on file in the Public Works Department BACKGROUND Staff is requesting authorization to destroy Transportation Program Division File Records on file in the Public Works Department that are identified in Exhibit "A" of the attached draft resolution. The specific records to be destroyed include Go Ventura Bus Pass Applications, Moorpark Transit Daily Log Sheets, Moorpark Dial-A-Ride Daily Trip Logs, and an Unsuccessful Bid Proposal. 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 Transportation Program Division File Records as listed on Exhibit "A" of the attached draft resolution. Government Code Section 34090, et. seq. ("Section 34090"), authorizes the head of a city department to destroy any city record, document instrument, book or paper, under his/her charge, without making a copy thereof, after the same is no longer required after the minimum retention period of two (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. 76 Honorable City Council December 20, 2017, Regular Meeting Page 2 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 applicable retention periods are also included with Exhibit "A" for reference. The approved written consent of the Public Works 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 77 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS (GO VENTURA BUS PASS APPLICATIONS, MOORPARK TRANSIT DAILY LOG SHEETS, MOORPARK DIAL-A- RIDE DAILY TRIP LOGS, AND AN UNSUCCESSFUL BID PROPOSAL) 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 approved City of Moorpark Records Retention Schedule sets forth the applicable retention period for Transportation Program Division files as closed/completed plus 2 years; and WHEREAS, the approved City of Moorpark Records Retention Schedule does not provide a more specific retention period for the following Transportation Program Division record series: Go Ventura Bus Pass Applications, Moorpark Transit Daily Log Sheets, Moorpark Dial-A-Ride Daily Trip Logs; and WHEREAS, the approved City of Moorpark Records Retention Schedule and the CLGRMG notes the retention for Unsuccessful Bids/Proposals as closed plus 2 years, in accordance with California Government Code Section 34090; and WHEREAS, no other federal or state law affects the record retention periods 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 (Government Code Section 34090) and are older than the applicable retention period recommended by the California Local Government Records Management Guidelines and the approved City of Moorpark Records Retention Schedule. 78 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 City Attorney, Public Works Director, and the City Clerk have given written consent to the destruction of said records, as shown on 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 20th day of December, 2017. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Attachment: Exhibit "A" • 79 Resolution No. 2017- Page 3 EXHIBIT "A" CONSENT FOR RECORDS DESTRUCTION California Government(GC)Code Section 34090, California Local Government Records Management Guidelines(CLGRMG)and City of Moorpark Records Retention Schedule(MRRS) DESCRIPTION DATES OF CLGRMG CITATION RECORDS RETENTION (For longest TO BE RECOMMENDATION retention period) DESTROYED Transportation Program Division July 2009 — Closed/Completed + MRRS files: June 2011 2 Years GC § 34090 Go Ventura Bus Pass Applications; and Moorpark Transit Daily Log Sheets; and Moorpark Dial-A-Ride Daily Trip Logs Gillig, LLC Bid Proposal in Response November 5, Closed + 2 Years CLGRMG: to Compressed Natural Gas Low 2014 GC § 34090 Floor Bus — Project No. 2014-01 (Submitted November 5, 2014), Unsuccessful 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. recommend that said records be destroyed. JCL/0"n Sean Corrigan, City En neer/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 80