HomeMy WebLinkAboutRES CC 2012 3107 2012 0516 RESOLUTION NO. 2012-3107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CERTAIN RECORDS (CITY
SPONSORED PROGRAM FILE RECORDS: COPIES OF
CHECK REQUESTS FOR INSTRUCTOR PAYMENTS AND
REFUNDS [FACILITY RENTALS AND RECREATION
CLASSES/PROGRAMS]; RECEIPTS FOR FACILITY
RESERVATIONS AND RECREATION
CLASSES/PROGRAMS; PERMITS FOR FACILITY AND
PARK RENTALS WITH WAIVER OF LIABILITY; CLASS
ROSTERS, REGISTRANT ATTENDANCE, AND SIGN-UP
SHEETS) ON FILE IN THE PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT
WHEREAS, Government Code Section 34090, authorizes the destruction of
City records, unless otherwise provided by law, with the approval of the legislative body
by resolution and the written consent of the city attorney the head of a city department
may destroy any city record, document, instrument, book or paper, under his charge,
without making a copy thereof, after the same is no longer required; 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 period required by the adopted City of Moorpark
Records Retention Schedule, exceeds the two-year retention required by Government
Code Section 34090 and the current plus two years required by the California Local
Government Records Management Guidelines and instead, authorizes the destruction
of class rosters, registrant attendance and sign-up sheet records after 5 years; and
authorizes the destruction of City sponsored program file records (copies of check
requests for instructor payments and refunds (facility rentals and recreation
classes/programs) after closed/completed plus 5 years; and
WHEREAS, the retention period required by the adopted City of Moorpark
Records Retention Schedule, exceeds the two-year retention required by Government
Code Section 34090 and the current plus two years required by the California Local
Government Records Management Guidelines and instead, authorizes the destruction
of permits for facility and park rentals with waiver of liability after 5 years; and
WHEREAS, the adopted City of Moorpark Records Retention Schedule
authorizes the retention of receipts for facility reservations and recreation
classes/programs to be audit plus 5 years which exceeds the audit plus 4 year retention
required by the California Local Government Records Management Guidelines,
pursuant to the California Code of Civil Procedure Section 337.
Resolution No. 2012-3107
Page 2
WHEREAS, the Code of Federal Regulations does not include a citation for this
record series.
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 periods required by State law
(Government Code Section 34090 and Code of Civil Procedure Section 337), the
California Local Government Records Management Guidelines, and the City of
Moorpark's adopted Retention Schedule.
SECTION 2. 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.
SECTION 3. The City Council also finds that the City Attorney and the City Clerk
have given written consent to the destruction of said records, as shown on Exhibit "A".
SECTION 4. The City Council hereby authorizes the City Clerk to destroy the
City Records listed in Exhibit "A".
SECTION 5. 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 16th day of May, 2012.
ani S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit "A"
Resolution No. 2012-3107
Page 3
EXHIBIT "A"
RECORDS DESTRUCTION CONSENT
Citations Sources:
Code of Federal Regulations: None Applicable
California Government (GC) Code, Section 34090, et. seq.
California Code of Civil Procedure (CCP)
California Local Government Records Management Guidelines (CLGRMG)
City of Moorpark Records Retention Schedule (MRRS)
DESCRIPTION DATES OF RETENTION CITATION
RECORDS REQUIREMENT (For longest
(YEARS) retention
period)
Class Rosters, Registrant July 2004 to 5 Years MRRS
Attendance, and Class Sign-up December
Sheets 2006
(Active Adult Center)
Program Files, (City Sponsored): 2003 to 2006 Closed/Completed MRRS
Copies of Check Requests for plus 5 Years
Instructor Payments and Refunds
[Facility Rentals and Recreation
Classes/Programs]
(Arroyo Vista Recreation Center)
Receipts for Facility Reservations 2003 to 2005 Audit plus 5 Years MRRS
and Recreation
Classes/Programs
(Arroyo Vista Recreation Center)
Permits (Contracts/Agreements), 2003 to 2005 5 Years MRRS
Facility and Park Rental with
Waiver of Liability
(Arroyo Vista Recreation Center)
Approved for Destruction:
Hugh Riley,CsACant City Manager
Consent to Destruction:
Joseph XT. Mdnies, City Ottorr4j�_
Maureen Benson, City Clerk
Resolution No. 2012-3107
Page 4
STATE OF CALIFORNIA
COUNTY OF VENTURA ss.
CITY OF MOORPARK
1, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Resolution No. 2012-3107 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
16th day of May, 2012, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 31 st day of May, 2012.
Maureen Benson, City Clerk
(seal)
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