HomeMy WebLinkAboutAGENDA REPORT 2020 1021 CCSA REG ITEM 10ECITY OF MOORPARK, CALIFORNIA
City Council Meeting
of October 21, 2020
ACTION Adopted Resolution No. 2020-
3954.
BY B.Garza.
D. Consider Resolution Authorizing the Destruction of City Records in the Parks,
Recreation and Community Services Department on File at the Arroyo Vista
Recreation Center. Staff Recommendation: Adopt Resolution No. 2020-3954.
(Staff: Ky Spangler)
Item: 10.E.
Item: 10.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Ky Spangler, City Clerk
DATE: 10/21/2020 Regular Meeting
SUBJECT: Consider Resolution Authorizing the Destruction of City Records in the
Parks, Recreation, and Community Services Department on File at the
Arroyo Vista Recreation Center
SUMMARY
Staff is requesting authorization to destroy various records, filed with the Parks, Recreation
and Community Services Department at the Arroyo Vista Recreation Center. The request
is for the destruction of various records from 1995 to August 2018, as specifically noted on
Exhibit “A” of the attached draft resolution.
BACKGROUND
The records proposed for destruction consideration cover the time period from 1995 to
2018 and cover areas such as various City-sponsored program file records: recreational
sports; Apricot Festival correspondence; program development records; promotional
materials; budgeting data; correspondence; copies of contracts and agreements; copies of
invoices; class information budget reports and analysis; instructor documents; musical
festival information; various program proposal files: correspondence, resumes, promotional
materials and sample program materials, instructor files/documents and copies of
agreements, teens programs records and cost information records; event reports,
memoranda, copies of check requests and purchase orders and rosters; information for
Ventura youth programs and youth service plan for City of Ventura; copies of timecards
and requests for time off; voicemail logs; tournament rental analysis; Southern California
Municipal Athletic Federation (SCMAF) correspondence and general information; care and
shelter general information; fireworks reference material; key log; retired team sport
rosters; facility reservation forms/permits; and copies of credit card receipts. The approved
City of Moorpark Records Retention Schedule (MRRS) notes the retention of the previously
noted records as between two (2) years and closed/completed plus five (5) years, in
accordance with California Government Code Section 34090, as identified in the chart
attached to the draft resolution.
383
Honorable City Council
10/21/2020, Regular Meeting
Page 2
The California Secretary of State's Local Government Records Management Guidelines, dated
February 2006, (CLGRMG) recommends retaining the noted records for the closed/completed
year plus two (2) years in accordance with California Government Code Section 34090.
When determining a retention period for a record series, the City considers a number of factors,
including whether the records may be useful in certain types of litigation and will retain the
records for the applicable statute of limitations period set forth in the California Code of Civil
Procedure. Additionally, the City will review federal law and regulations to determine whether
those laws or regulations impact the length of time a record should be retained. In this case,
neither the California Code of Civil Procedure nor federal laws expressly require a longer
retention period for the records proposed for destruction.
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 years has been met, with the approval of the legislative body by resolution
and the written consent of the City Attorney. This section 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; or
(e) The minutes, ordinances, or resolutions of the legislative body or of a city board or
commission.
The proposed destruction of records is consistent with the City Council’s approved Records
Retention Schedule, the Secretary of State’s Local Government Records Management
Guidelines and/or State and Federal law. 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
minutes, ordinances or resolutions of the City Council or any board or commission of the
City; are not agreement, development project and/or capital project files; and are not
records required to be kept by statute.
In this case the records are older than the applicable retention periods in the MRRS,
CLGRMG, and California Government Code Section 34090. With respect to Government
Code Section 34090, 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 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. Additionally, these records are not an agreement,
development project and/or capital project files.
DISCUSSION
The records proposed for destruction are noted below and on Exhibit "A" of the attached
draft resolution, all such records meet or exceed required retention periods, and the
applicable retention periods are included for reference. Their destruction has been
approved and consented to by the City Manager, City Clerk, Department Head and City
Attorney. The records are detailed previously in this report and are specifically noted on
Exhibit “A” of the attached draft resolution.
384
Honorable City Council
10/21/2020, Regular Meeting
Page 3
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.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Adopt Resolution No. 2020-____.
Attachment: Draft Resolution No. 2020-____
385
RESOLUTION NO. 2020-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CERTAIN CITY RECORDS ON FILE
IN THE PARKS, RECREATION AND COMMUNITY
SERVICES DEPARTMENT (ARROYO VISTA
RECREATION CENTER DIVISION)
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, 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 federal law, are older than the
applicable retention period recommended by the California Local Government Records
Management Guidelines (CLGRMG) and the City of Moorpark Records Retention
Schedule (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.
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.
386
Resolution No. 2020-
Page 2
SECTION 4. The City Council also finds that the City Manager, 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 21st day of October, 2020.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
Attachment: Exhibit “A”
387
Resolution No. 2020-
Page 3
EXHIBIT “A”
CONSENT FOR PAPER AND ELECTRONIC 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
RECORDS TO
BE DESTROYED
RETENTION
RECOMMENDATION
CITATION
(For longest
retention
period)
Programs Files (City-
Sponsored):
Teen Programs:
Teens and Shelly
1995 - 1996 Closed/Completed +
5 Years
GC § 34090
Programs Files (City
Sponsored):
Youth Basketball:
Coaches Interest
Applications, Potential
Claims Copies,
Schedules, Rosters,
Evaluation Forms.
2001 - Winter
2014
Closed/Completed +
5 Years
GC § 34090
Programs Files (City
Sponsored):
Monday & Thursday Adult
Basketball:
Registration Paperwork,
Ejection Reports, Forfeit
Forms, Financials,
Schedules,
Rosters,
Staff Reports
Spring 2008 -
Winter 2014
Closed/Completed +
5 Years
GC § 34090
Programs Files (City
Sponsored):
7 on 7 & Futsal:
Futsal and 7 on 7
Registration Paperwork,
Ejection Reports, Forfeit
Forms, Protest Forms,
Financials, Schedules ,
Rosters, staff Reports,
Potential Claims Copies
Spring 2008 -
through Fall 2014
Closed/Completed +
5 Years
GC § 34090
388
Resolution No. 2020-
Page 4
DESCRIPTION DATES OF
RECORDS TO
BE DESTROYED
RETENTION
RECOMMENDATION
CITATION
(For longest
retention
period)
Programs Files (City
Sponsored):
Softball Summer:
Registration Paperwork,
Ejection Reports, Forfeit
Forms, Protest Forms,
Financials, Schedules,
Rosters and, Staff
Reports
Summer 2008 -
Fall 2014
Closed/Completed +
5 Years
GC § 34090
Programs Files (City-
Sponsored):
Class Information: Budget
Reports and Analysis
2009 - 2014 Closed/Completed +
5 Years
GC § 34090
Programs Files (City
Sponsored):
Scorebooks
Youth and Adult Sports
Scorebooks
2012 - 2015 Closed/Completed +
5 Years
GC § 34090
Special Events Files:
Teen Programs:
Documents for Teen
Programming and
Planning,
Rosters,
Bike Show,
Movie Nite,
Teen Center
Plan/Information, Park
and Office Facility Forms,
Arroyo Vista Recreation
Center Quarterly
Inspections and Check
Lists, Staff Reports
1995 - 1996 Closed/Completed +
4 Years
GC § 34090
Program Proposals
Files:
Teens Program:
Program Information,
Costing Reports, Event
Reports, Memoranda,
Copies of Forms: Check
Requests and Purchase
Orders, and Rosters
2004 - 2010 2 Years GC § 34090
389
Resolution No. 2020-
Page 5
DESCRIPTION DATES OF
RECORDS TO
BE DESTROYED
RETENTION
RECOMMENDATION
CITATION
(For longest
retention
period)
Time Sheets
(Department Copies):
Copies of Part time Staff
Requests for Time Off
2008 - 2011 1 Years Government
Code
§ 34090.7
Time Sheets
(Department Copies):
Timecards:
Copies of Staff Requests
for Time Off
2011 - 2016 1 Years Government
Code
§ 34090.7
Programs Files (City
Sponsored):
Retired Rosters
[Printed Out Copies of
Team Rosters from Safari
Software]
Summer 2014 Closed/Completed +
5 Years
GC § 34090
Time Sheets
(Department Copies):
Timecards:
Copies of Staff Timecards
January 2015 -
August 2018
1 Years Government
Code Section
34090.7
Telephone Message
Pads/Logs:
Voicemail Logs
2013 and Older 2 Years Government
Code § 34090
Programs Files (City
Sponsored):
Tournament Rental
Analysis
2000 - 2001 Closed/Completed +
5 Years
GC § 34090
Special Events Files:
Apricot Festival
Correspondence
2002 Closed/Completed +
4 Years
GC § 34090
Publications from
Outside Sources:
Southern California
Municipal Athletic
Federation
(SCMAF)Correspondence
and General Information
2003 - 2004 Annual Review
MRRS
Subject/Reference Files:
Training/Emergency
General Information on
Care and Shelter
1998 - 2001 Annual Review MRRS
Special Events Files:
Fireworks Reference
Material
1998 Closed/Completed +
4 Years
GC § 34090
390
Resolution No. 2020-
Page 6
DESCRIPTION DATES OF
RECORDS TO
BE DESTROYED
RETENTION
RECOMMENDATION
CITATION
(For longest
retention
period)
Department Director –
Community Services
Departmental Reports:
AVRC Key Log
Originals
2009 - 2012 2 Years GC § 34090
Facilities Reservation
Forms:
Permits (From RecTrac,
Vermont Systems Inc.
Software)
2014 - 2015 2 Years GC § 34090
Facilities Reservation
Forms:
Rental Permits
#2100 - #4000
2014 - 2015 2 Years GC § 34090
Program Proposals
Files:
Correspondence;
Resumes; Promotional
Materials; Sample
Program Materials:
Instructor Files:
Instructor Records,
Reference Forms,
Correspondence and
Notes, Copies of
Agreements, Copies of
Insurance Documents
2011 - 2014 2 Years GC § 34090
Program Proposals
Files:
Correspondence;
Resumes; Promotional
Materials; Sample
Program Materials:
Instructor Files:
Instructor Records,
Reference Forms,
Correspondence and
Notes, Copies of
Agreements, Copies of
Insurance Documents
2016 2 Years GC § 34090
391
392