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Home My WebLink AboutRES CC 2020 3954 2020 1021 RESOLUTION NO. 2020-3954 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. Resolution No. 2020-3954 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. /1r ice S. Parvin, Mayor ATTEST: 4- gPM4( Ky Spa 4ler, City Jerko0 ��092 Plift711 :44 Attachment: Exhibit "A" °�i�vlife 04, Resolution No. 2020-3954 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 RETENTION CITATION RECORDS TO RECOMMENDATION (For longest BE DESTROYED retention period) Programs Files (City- 1995 - 1996 Closed/Completed + GC § 34090 Sponsored): 5 Years Teen Programs: Teens and Shelly Programs Files (City 2001 - Winter Closed/Completed + GC § 34090 Sponsored): 2014 5 Years Youth Basketball: Coaches Interest Applications, Potential Claims Copies, Schedules, Rosters, Evaluation Forms. Programs Files (City Spring 2008 - Closed/Completed + GC § 34090 Sponsored): Winter 2014 5 Years Monday & Thursday Adult Basketball: Registration Paperwork, Ejection Reports, Forfeit Forms, Financials, Schedules, Rosters, Staff Reports Programs Files (City Spring 2008 - Closed/Completed + GC § 34090 Sponsored): through Fall 2014 5 Years 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 Resolution No. 2020-3954 Page 4 DESCRIPTION DATES OF RETENTION CITATION RECORDS TO RECOMMENDATION (For longest BE DESTROYED retention period) Programs Files (City Summer 2008 - Closed/Completed + GC § 34090 Sponsored): Fall 2014 5 Years Softball Summer: Registration Paperwork, Ejection Reports, Forfeit Forms, Protest Forms, Financials, Schedules, Rosters and, Staff Reports Programs Files (City- 2009 - 2014 Closed/Completed + GC § 34090 Sponsored): 5 Years Class Information: Budget Reports and Analysis Programs Files (City 2012 - 2015 Closed/Completed + GC § 34090 Sponsored): 5 Years Scorebooks Youth and Adult Sports Scorebooks Special Events Files: 1995 - 1996 Closed/Completed + GC § 34090 Teen Programs: 4 Years 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 Program Proposals 2004 - 2010 2 Years GC § 34090 Files: Teens Program: Program Information, Costing Reports, Event Reports, Memoranda, Copies of Forms: Check Requests and Purchase Orders, and Rosters Resolution No. 2020-3954 Page 5 DESCRIPTION DATES OF RETENTION CITATION RECORDS TO RECOMMENDATION (For longest BE DESTROYED retention period) Time Sheets 2008 - 2011 1 Years Government (Department Copies): Code Copies of Part time Staff § 34090.7 Requests for Time Off Time Sheets 2011 - 2016 1 Years Government (Department Copies): Code Timecards: § 34090.7 Copies of Staff Requests for Time Off Programs Files (City Summer 2014 Closed/Completed + GC § 34090 Sponsored): 5 Years Retired Rosters [Printed Out Copies of Team Rosters from Safari Software] Time Sheets January 2015 - 1 Years Government (Department Copies): August 2018 Code Section Timecards: 34090.7 Copies of Staff Timecards Telephone Message 2013 and Older 2 Years Government Pads/Logs: Code § 34090 Voicemail Logs Programs Files (City 2000 - 2001 Closed/Completed + GC § 34090 Sponsored): 5 Years Tournament Rental Analysis Special Events Files: 2002 Closed/Completed + GC § 34090 Apricot Festival 4 Years Correspondence Publications from 2003 - 2004 Annual Review MRRS Outside Sources: Southern California Municipal Athletic Federation (SCMAF)Correspondence and General Information Subject/Reference Files: 1998 - 2001 Annual Review MRRS Training/Emergency General Information on Care and Shelter Special Events Files: 1998 Closed/Completed + GC § 34090 Fireworks Reference 4 Years Material Resolution No. 2020-3954 Page 6 DESCRIPTION DATES OF RETENTION CITATION RECORDS TO RECOMMENDATION (For longest BE DESTROYED retention period) Department Director— 2009 - 2012 2 Years GC § 34090 Community Services Departmental Reports: AVRC Key Log Originals Facilities Reservation 2014 - 2015 2 Years GC § 34090 Forms: Permits (From RecTrac, Vermont Systems Inc. Software) Facilities Reservation 2014 - 2015 2 Years GC § 34090 Forms: Rental Permits #2100 - #4000 Program Proposals 2011 - 2014 2 Years GC § 34090 Files: Correspondence; Resumes; Promotional Materials; Sample Program Materials: Instructor Files: Instructor Records, Reference Forms, Correspondence and Notes, Copies of Agreements, Copies of Insurance Documents Program Proposals 2016 2 Years GC § 34090 Files: Correspondence; Resumes; Promotional Materials; Sample Program Materials: Instructor Files: Instructor Records, Reference Forms, Correspondence and Notes, Copies of Agreements, Copies of Insurance Documents Resolution No. 2020-3954 Page 7 DESCRIPTION DATES OF RETENTION CITATION RECORDS TO RECOMMENDATION (For longest BE DESTROYED retention period) Purchasing Files August 2014 - 2 Years GC § 34090 (Department Copies) July 2015 Credit Card Receipts, Departmental Copies Program Proposals 2010 - 2011 2 Years GC § 34090 Files: Class Information: Instructor Documents Special Events Files: 1996 Closed/Completed + GC § 34090 Musical Festival 5 Years Information Publications from 1995 Annual Review Not Applicable Outside Sources: Information for Ventura Non City Record Non City Youth Programs and Record Youth Service Plan for City of Ventura Consent to Destruction: Ky Sp ler, Cit lerk 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 •;;slro d 0 1 Wilk Je - :urentowski, Parks and Recreation 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, consent to the destruction of the above-mentioned records. z.,%., .. r • Kevin Ennis, City Attorney Resolution No. 2020-3954 Page 8 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2020-3954 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 21st day of October, 2020, and that the same was adopted by the following vote: AYES: Councilmembers Enegren, Mikos, Pollock, Simons, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 21st day of October, 2020. Ky Sp ler, Cit lark (seal) opAR OaK Qi yr�. z, 0iii&. 4� it 94,,.0 ^ ^�® JULY