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HomeMy Public PortalAbout02) 1A Subsequent Need Item -Staff Report Destruction of Asbestos Contaminated Files ASD OfficeDATE: April 2, 2013 MANAGEMENT SERVICES DEPARTMENT TO: The Honorable City Council FROM: Jose E. Pulido, City Manager By: Eric S. Vail, City Attorney MEMORANDUM SUBJECT: RESOLUTION DECLARING CERTAIN RECORDS DESTROYED AND AUTHORIZING THEIR DISPOSAL The City Council is requested to adopt Resolution No. 13-4903 declaring certain records destroyed by virtue of their contamination with asbestos and authorizing their disposal. BACKGROUND: 1. The City retained Andersen Environmental to perform asbestos testing of dust found in six filing cabinets in the Administrative Services area of City Hall. 2. On March 5, 2013, Andersen Environmental performed the testing, and on March 12, 2013, the City received Andersen Environmental's report, which showed the dust tested positive for asbestos in three of the six filing cabinets. 3. The City requested Andersen Environmental perform additional testing on March 13, 2013, to determine the extent of the asbestos contamination for clean up purposes. 4. On March 18, 2013, Andersen Environmental submitted to the City a "Procedure 5 Abatement Workplan" detailing the suggested procedures for the clean up of the asbestos in the Administrative Services area. This Workplan calls for the three filing cabinets containing asbestos and all of the records held within those cabinets to be disposed of as asbestos waste, among other things. 5. The City contacted several contractors to obtain quotes for asbestos removal services following Andersen Environmental's Procedure 5 Abatement Workplan, and selected Alliance Environmental Group as their first choice to perform the work. City Council April 2, 1013 Page 2 6. As of March 28, 2013, the City and Alliance Environmental are still in the process of finalizing the terms of the contract to perform the work. City staff anticipates that the asbestos removal work will begin early in the first week of April. ANALYSIS: If adopted, the proposed Resolution would formally declare the records contained in the contaminated filing cabinets (Attachment "B") to be destroyed by virtue of their contamination, and authorize the City to cause the destroyed records to be disposed of in accordance with the Procedure 5 Abatement Workplan. California law authorizes the destruction of City records no longer needed, with City Council approval, if the records are more than two years old. (Gov't Code § 34090). Records less than two years old may be destroyed if they are retained in an electronic format that cannot be tampered with. (Gov't Code § 64090.5). These Code sections are tailored toward the voluntary destruction of records by City officials in the ordinary course of business, and do not address situations where records are destroyed due to events beyond the City's control. Paper is porous and can absorb asbestos fibers. Therefore, the documents contained in the filing cabinets where asbestos was found are considered contaminated and must be disposed of as asbestos waste. It is the City's position that these records have already been destroyed by virtue of their contamination with asbestos. Even though the records are still legible, it is not feasible for the City to retain the records until they are at least two years old, and employees would not be able to feasibly access these records due to the health risks associated with asbestos exposure. Therefore, the City Council is requested to declare these records destroyed, and authorize City staff to allow the records to be disposed of properly. The City's Finance Director has conferred with the City's auditor and confirmed that most, if not all, of the destroyed records can be recreated from various sources. Therefore, the disposal of these records will not result in the City losing critical information. CONCLUSION: The City Council is requested to approve Resolution No. 13-4903. Approval of this Resolution will allow the City to safely dispose of the contaminated records. FISCAL IMPACT This item does not have a fiscal impact on the Fiscal Year (FYO 2012-13 City Budget. City Council April 2, 1013 Page 3 ATTACHMENT(S). A. Resolution No. 13-4903 B. Record Destruction Authorization Form ATTACHMENT A RESOLUTION NO. 13-4903 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CERTAIN CITY RECORDS DESTROYED AND AUTHORIZING THEIR DISPOSAL. WHEREAS, the City hired Andersen Environmental to perform asbestos testing on dust in six filing cabinets located in the Administrative Services area of City Hall and the testing came back positive for friable asbestos in three filing cabinets; and WHEREAS, Andersen Environmental has advised the City that the records located in the three filing cabinets where asbestos was found are contaminated and must be properly disposed of to mitigate the health and safety risk of asbestos exposure; and WHEREAS, the contaminated records are all financial records, including copies of purchase orders, invoices from vendors, check copies, and copies of contracts; and WHEREAS, the City's Finance Director has determined that all of the contaminated records can be re-created by obtaining copies of the records held by outside sources, including the City's auditor; and WHEREAS, due to the volatile nature of friable asbestos and the health risks associated with exposure to airborne asbestos, the City finds that attempting to save the contaminated records by scanning them in an electronic format is infeasible and would expose the individuals conducting such work to an unnecessary health risk. NOW, THEREFORE, the City Council of the City of Temple City does hereby resolves as follows: SECTION 1. The City Council hereby declares the records located in the three filing cabinets in the Administrative Services Area where asbestos was located by the Andersen Environmental report dated March 6, 2013, have been destroyed by virtue of their contamination with asbestos. SECTION 2. The City Council hereby authorizes City staff to cause the destroyed records to be properly disposed of in accordance with the 'Procedure 5 Abatement Workplan" suggested by Andersen Environmental on March 18, 2013. SECTION 3. The Mayor is hereby authorized to affix her signature to this Resolution signifying its adoption and the City Clerk, or her duly appointed deputy, is directed to attest thereto. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. LA #4817-1538-7411 v1 PASSED, APPROVED AND ADOPTED on this 2nd day of April, 2013. ATTEST: Peggy Kuo, City Clerk Cynthia Sternquist, Mayor APPROVED AS TO FORM: Eric S. Vail, City Attorney I hereby certify that the foregoing resolution, Resolution No. 13-4903, was duly passed, approved and adopted by the City Council of the City of Temple City at a regular meeting held on the 2nd day of April, 2013 by the following vote: AYES: Councilmember— NOES: Councilmember— ABSENT: Councilmember— ABSTAIN: Councilmember— Peggy Kuo City Clerk LA44817-1538-7411 v1 Date: 4/2/2013 RECORDS DESTRUCTION AUTHORIZATION FORM ATTACHMENT B The records listed below have been stored in a filing cabinet that had asbestos particles that contaminated the records stored in the cabinets. The records are not the subject of any claim, litigation, investigation, or audit. Audit Report, Single Audits (FY 1989-2010) Accounts Receivables (FY 2011-12, July 2012 -March 15, 2013) Daily Cash Reports (FY 2011-12, July 2012 -March 15, 2013) 1099's / W -9s (FY 2011-12, March 15, 2013) Accounts Payables/Invoices (FY 2011-12, July 2012 -March 15, 2013) All Bank Statements, Bank Transmittal Advices (FY 2011-12, July 2012 -February 2013) Investments statements/LAIF (FY 2011-12, July 2012-January/February 2013) Journal Entries/Budget Amendments, Adjustments (FY 2011-12, July 2012 -March 2013) Bank Reconciliations (FY 2011-12) Treasurer's Reports/Quarterly Budget Reports (FY 2011-12, July 2012 -January 2013) CaIPERS Reports (FY 2011-12) Quarterly Payroll Tax Returns (FY2011-12) Deferred Compensation Statements (FY 2011-12, July 2012 -December 2012) PERS Statements (FY 2011-12) Time Sheets/Time Cards/ Absence Requests (FY 2011-12) W2s (FY 2011-12) Purchase Orders/Requisitions (FY 2011-12, July 2012 -March 15, 2013) Successor Agency of the Temple City Community Redevelopment Agency Reports (to County/State) (FY 2011-12, July 2012 -March 15, 2013) Payroll Reports—Payroll Registers Deduction Registers, Direct Deposits (FY 2011-12, July 2012 -February 2013) DOCUMENTS HAVE BEEN REVIEWED AND APPROVED FOR DESTRUCTION Department Head / Division Manager Date City Clerk Date City Attorney Date (Complete after destruction has been performed, if done by City Employees. If destruction is performed by a commercial vendor, have them provide you with a certificate.) I HEREBY CERTIFY that the items listed above have been destroyed in accordance with City policies and procedures: Employee Performing Destruction Date 01998-2008 Gladwell Governmental services, Inc.