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Home My WebLink AboutRES CC 2022 4128 2022 0907 RESOLUTION NO. 2022-4128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS (DEPARTMENT BROCHURES ADVERTISERS FILES; BANK RECONCILIATIONS FILES; DEPARTMENTAL DIRECTOR — COMMUNITY SERVICES DEPARTMENTAL REPORTS; RECREATION REGISTRATION DATABASE RECORDS; FACILITIES RESERVATION FORMS; PROGRAM FILES (CITY PARTICIPATION): STRIKE OUT STROKE GRANT PROGRAM AND SENIOR NUTRITION PROGRAM; PROGRAM FILES, (CITY SPONSORED): ACTIVITIES TOTAL REPORTS, SCOREBOOKS YOUTH AND ADULT SPORTS SCOREBOOKS, PROGRAM EVALUATIONS (CLASS EVALUATIONS), TEEN PROGRAMS, YOUTH BASKETBALL, SKATEPARK RECORDS; PURCHASING FILES (DEPARTMENT COPIES); RECEIPTS, ACTIVE NETWORK; TIME SHEETS (DEPARTMENT COPIES); AND PROGRAM REGISTRATION/WAIVERS OF LIABILITY: VOLUNTEER FORMS FOR MINORS AND ADULTS, INFORMED CONSENT AND RELEASE: CAMP WAIVERS, YOUTH BALLET, SPORTS OF ALL SORTS, PRE-KARATE, SKATEPARK, FAMILY MUSIC TOGETHER, JUNIOR GOLF, TRIBAL BELLY DANCE, ADULT SOFTBALL, AND CAMP MOORPARK) ON FILE IN THE PARKS, RECREATION & COMMUNITY SERVICES 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 retention duration required by the approved City of Moorpark Records Retention Schedule (MRRS) is utilized to determine retention periods for records maintained by the City for record series' expressly identified in the MRRS; and WHEREAS, the California Secretary of State's Local Government Records Management Guidelines (CLGRMG) is utilized to determine retention periods for records maintained by the City for record series' not expressly identified in the MRRS; and 1 Resolution No. 2022-4128 Page 2 WHEREAS, the retention period required by the MRRS for department brochures advertiser files is two (2) years following being superseded and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for bank reconciliation files is two (2) years following audit and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for department director departmental reports for Arroyo Vista Recreation Center (AVRC) vehicle key and phone logs is two (2) years and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for recreation registration database records generally, and facilities reservation forms for cancelled and denied rentals, is five (5) years and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for facilities reservation forms for rental permits is two (2) years and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for program files for City participation in Ventura County Area Agency on Aging programs is four (4) years following closure or completion and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for program files for City sponsored recreation programs at the Arroyo Vista Recreation Center (including Teen Council, and sports programs) is five (5) years following closure or completion and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for program (class) evaluations is two (2) years and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for departmental copies of purchasing files and timesheets is two (2) years and cites California Government Code Section 34090 as authority; and WHEREAS, the retention period required by the MRRS for program registration waivers of liability is five (5) years and cites California Government Code Section 34090 as authority; and WHEREAS, records currently held by the City of Moorpark and listed on Exhibit "A" are no longer required and need not be retained as provided for in the approved City of Moorpark Records Retention Schedule, the Secretary of State's Local Government Resolution No. 2022-4128 Page 3 Records Management Guidelines and/or state and federal law, and are proposed for destruction. 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 City of Moorpark's approved Retention Schedule listing of the type of record series. Further, the City Council finds the listed records 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. SECTION 4. The City Council also finds that the City Attorney, Parks and Recreation Director, and the City Clerk have given written consent to the destruction of said records, as shown on this draft 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 7th day of September, 7YPe Ja ice S. Parvin, Mayor ATTEST: a ..� Ky Sp gl r, Ci lerk os .2- dims Attachment: Exhibit "A" — Listing of Records to be Destroyed ° V: Resolution No. 2022-4128 Page 4 EXHIBIT "A" CONSENT FOR RECORDS DESTRUCTION California Government Code (GC), Section 34090, and City of Moorpark Records Retention Schedule (MRRS) DESCRIPTION DATES OF RETENTION CITATION RECORDS TO RECOMMENDATION (For longest BE retention DESTROYED period) Department Brochures 2000 - 2010 Superseded + 2 MRRS: Advertisers Files Years GC § 34090 Bank Reconciliations Files: 2013 - 2017 Audit + 2 Years MRRS: Cash Count Verification GC § 34090 Forms, from Arroyo Vista Recreation Center Departmental Director— 2013 - 2017 2 Years MRRS: Community Services GC § 34090 Departmental Reports: AVRC Vehicle Key and Phone Logs (Originals) Recreation Registration 2014 - 6/2017 5 Years MRRS: Database Records: GC § 34090 Program data (inactive/historical) Facilities Reservation Forms: Cancelled/Denied Rental Permits Facilities Reservation 2015 - 2019 2 Years MRRS: Forms: GC § 34090 Rental Permits #4100 — 13000 Program Files (City 2006 - 2007 Closed/Completed + MRRS: Participation) 4 Years GC § 34090 Ventura County Area Agency on Aging (VCAAA) Strike Out Stroke Grant Program documents: participant registration forms, aggregate re ate screening results, correspondence, and contracts. (Active Adult Center) Resolution No. 2022-4128 Page 5 DESCRIPTION DATES OF RETENTION CITATION RECORDS TO RECOMMENDATION (For longest BE retention DESTROYED period) Program Files (City 2004 - 2018 Closed/Completed + MRRS: Participation) 4 Years GC § 34090 Ventura County Area Agency on Aging (VCAAA) Senior Nutrition Program documents: grant documents, participant intake forms, monthly requests for funds, correspondence, and melas rosters. (Active Adult Center) Program Files, (City 2001; 2010; Closed/Completed + MRRS: Sponsored): 2012 5 Years GC § 34090 Activities Total Reports (Arroyo Vista Recreation Center) Program Files (City 2008 - 2011; Closed/Completed + MRRS: Sponsored): 2016 - 2017 5 Years GC § 34090 Scorebooks Youth and Adult Sports Scorebooks Program Evaluations 1998 - 2003 2 Years MRRS: (Class Evaluations) GC § 34090 Program Files (City 2010 - 2015 Closed/Completed + MRRS: Sponsored): Teen 5 Years GC § 34090 Programs Program Files (City 2008 - 2009 Closed/Completed + MRRS: Sponsored): Youth 5 Years GC § 34090 Basketball - Coaches Interest Applications, Potential Claims Copies, Informed Consent and Release Forms, Schedules, Rosters, Score Keepers Reports, Ejection Reports, Evaluation Forms Resolution No. 2022-4128 Page 6 DESCRIPTION DATES OF RETENTION CITATION RECORDS TO RECOMMENDATION (For longest BE retention DESTROYED period) Program Files (City 1997 - 2001 Closed/Completed + MRRS: Sponsored): 5 Years GC § 34090 Skatepark Records: Activity Attendance Sheets, Incident Reports, Skate Contests, Skate Event, Skatepark Ramps, Forms, Rules, Policy Purchasing Files 1998 - 2003; 2 Years MRRS: (Department Copies) August 2015 - GC § 34090 Credit Card Receipts, June 2020 Purchase Orders, Vendor/Supplier Information; Correspondence and Backup Data Receipts, Active Network 2008 - 2010 Closed/Completed + MRRS: (Recreation Registration 5 Years GC § 34090 Database Records) Time Sheets 2004 - 2006; 1 Year MRRS: (Department Copies) and 2009 - 2012 GC § 34090.7 Timecards: Copies of Staff Timecards Program 2003 - 2017 5 Years MRRS: Registration/Waivers of GC § 34090 Liability: Volunteer Forms for Minors and Adults, Informed Consent and Release; Rosters; Parent Pledges Program 2000 - 2002; 5 Years MRRS: Registration/Waivers of 2010 - 2013 GC § 34090 Liability: Volunteer Forms for Minors and Adults, Informed Consent and Release: Camp Waivers Program 2011 5 Years MRRS: Registration/Waivers of GC § 34090 Liability: Youth Ballet Registration Resolution No. 2022-4128 Page 7 DESCRIPTION DATES OF RETENTION CITATION RECORDS TO RECOMMENDATION (For longest BE retention DESTROYED period) Program 2009 5 Years MRRS: Registration/Waivers of GC § 34090 Liability: Sports of All Sorts and Pre-Karate Program 2003 - 2007 5 Years MRRS: Registration/Waivers of GC § 34090 Liability: AVRC Skatepark Registration Program 2010 - 2011 5 Years MRRS: Registration/Waivers of GC § 34090 Liability: Family Music Together Spring, Summer, Fall and Winter Program 2009 5 Years MRRS: Registration/Waivers of GC § 34090 Liability: Junior Golf Summer 2009 Program 2009 5 Years MRRS: Registration/Waivers of GC § 34090 Liability: Tribal Belly Dance Fall 2009 Program 2010 - 2012 5 Years MRRS: Registrations/Waivers of GC § 34090 Liability: Adult Sports: Spring, Summer, Fall and Winter Soccer and Softball Rosters, Waivers, and Schedules Resolution No. 2022-4128 Page 8 DESCRIPTION DATES OF RETENTION CITATION RECORDS TO RECOMMENDATION (For longest BE retention DESTROYED period) Program Files (City- 2002 - 2004 Closed/Completed + MRRS: Sponsored): 5 Years GC § 34090 Camp Moorpark (Spring, Summer, Fall and Winter): Administrative files, Field trips, budget/purchasing, parties, forms, working files, staffing, special guests/attractions, sign-in sheets, potential claim forms (copies), attendance sheets, medication log, activity evaluations, camp c.r.e.a.t.e. Consent to Destruction: lef-A I&jçZ1iv,QL_- Ky Span I r, Cit erk 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. Consent to Destruction: i Jeremy Laur towski, ks and Recreation Director Attorney Authorization: I do hereb edify 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. Consent to Destruction: eg�'�cv . Kevin Ennis, City Attorney Resolution No. 2022-4128 Page 9 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. 2022-4128 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 7th day of September, 2022, and that the same was adopted by the following vote: AYES: Councilmembers Castro, Enegren, Groff, and Mayor Parvin NOES: None ABSENT: Councilmember Pollock ABSTAIN: None WITNESS my hand and the official seal of said City this 8th day of September, 2022. Ky Sp gler, Ci lerk (seal) OQ��~ 'L �O zorwriow.4 er kci.,1110.?qte 9A OQ4Tto �J