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Home My WebLink AboutAGENDA REPORT 2012 0307 CC REG ITEM 10E ITEM 10.E. MOORPARK CITY COUNCIL - AGENDA REPORT TO: Honorable Honorable City Council FROM: Maureen Benson, City Clerk Prepared by: Blanca Garza, Deputy City Clerk DATE: January 20, 2012 (CC Meeting of 3/0712012) SUBJECT: Consider Resolution Authorizing the Destruction of City Records (Temporary Use Permits, Film Permits, Community Development Daily Time Accounting Charge / Activity Sheets, Community Development Entitlement Project Number and Finance Control Code Time Accounting Sheets, and Community Development Bi-weekly Project Entitlement Time Accounting Time Sheets) on File in the Community Development Department BACKGROUND Staff is requesting authorization to destroy Temporary Use Permits, Film Permits, Community Development Daily Time Accounting Charge / Activity Sheets, Community Development Entitlement Project Number and Finance Control Code Time Accounting Sheets, Community Development Bi-weekly Project Entitlement Time Accounting Time Sheets on file in the Community Development Department. 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. In accordance with 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; are not agreement, development project and/or capital project files; and are not records required to be kept by statute. The destruction of the listed records on Exhibit A is consistent with the City Council's approved Records Retention Schedule, the California Government Code, and the Secretary of State's Local Government Records Management Guidelines. A retention was not applicable under the Code of Federal Regulations for the listed records. 403 Honorable City Council March 7, 2012, Regular Meeting Page 2 DISCUSSION All records proposed for destruction meet the required retention periods, and the applicable retention periods are included for reference. The adopted City of Moorpark Records Retention Schedule exceeds the two-year retention required by the Government Code Section 34090 and instead authorizes the destruction of Temporary Use Permits after Closed / Completed plus 3 years but the Community Development Director has made an Administrative Decision to retain the Temporary Use Permits and Film Permits for 5 years for historical reference. The adopted City of Moorpark Records Retention Schedule exceeds the two-year retention required by Government Code Section 34090 and instead authorizes the destruction of Accounts Payable Files, including backup data and supporting documents after Audit plus 5 years. The City Attorney's written consent is included with the attached draft resolution, and the proposed destruction of records is consistent with the City Council's approved Records Retention Schedule and related State laws. 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 retention. STAFF RECOMMENDATION Adopt Resolution No. 2012- Attachment: Draft Resolution 404 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS (TEMPORARY USE PERMITS, FILM PERMITS, COMMUNITY DEVELOPMENT DAILY TIME ACCOUNTING CHARGE/ACTIVITY SHEETS, COMMUNITY DEVELOPMENT ENTITLEMENT PROJECT NUMBER AND FINANCE CONTROL CODE TIME ACCOUNTING SHEETS, COMMUNITY DEVELOPMENT BI- WEEKLY PROJECT ENTITLEMENT TIME ACCOUNTING TIME SHEETS) ON FILE IN THE COMMUNITY DEVELOPMENT 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 adopted City of Moorpark Records Retention Schedule, exceeds the two-year retention required by Government Code Section 34090 and instead authorizes the destruction of Temporary Use Permits after Closed / Completed plus 3 years; and WHEREAS, the adopted City-of Moorpark Records Retention Schedule, exceeds the two-year retention required by Government Code Section 34090 and instead authorizes the destruction of Accounts Payable Files, including backup data and supporting documents, after Audit plus 5 years; and 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 the City of Moorpark's adopted Retention Schedule. 405 Resolution No. 2012- Page 2 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 7th day of March, 2012. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Attachment: Exhibit "A" 406 Resolution No. 2012- Page 3 EXHIBIT "A" RECORDS DESTRUCTION CONSENT Citations Sources: Code of Federal Regulations: None Applicable California Government (GC) Code, Section 34090, et. seq. 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) Temporary Use Permits January 1990 Current + 3 MRRS through Years December 2006 Film Permits January 1984 Expiration + 2 MRRS Through Years December 2006 Community Development Daily January 1993 Audit + 5 Years MRRS Time Accounting Through Charge/Activity Sheets December 2002 (Accounts Payable Back-up Data/Supporting Documents) Community Development January 1995 Audit + 5 Years MRRS Entitlement Project Number Through and Finance Control Code December 1996 Time Accounting Sheets (Accounts Payable Back-up Data/Supporting Documents) Community Development Bi- January 2002 Audit + 5 Years MRRS weekly Project Entitlement Through Time Accounting Time Sheets December 2004 (Accounts Payable Back-up Data/Supporting Documents) Consent to Destruction: ave Bobar , Co unity Devel ment Director -4:;�� Az�� Joseph . Monte , City Attorney Maureen Benson, City Clerk 407