HomeMy WebLinkAboutAGENDA REPORT 2012 0516 CC REG ITEM 10J ITEM
�:iSy Council fV�eeting
MOORPARK CITY COUNCIL
AGENDA REPORT ACTION:_. _
TO: Honorable City Council
FROM: Maureen Benson, City Clerk
Prepared by: Blanca Garza, Deputy City Clerk
DATE: May 7, 2012 (CC Meeting of 5/16/2012)
SUBJECT: Consider Resolution Authorizing the Destruction of City Records
(Program Files [City Sponsored]: 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
BACKGROUND
Staff is requesting authorization to destroy records on file in the Parks, Recreation and
Community Services Department.Arroyo Vista Recreation Center staff submitted a request
to destroy 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; and permits for facility and park rentals with
waiver of liability. Active Adult Center staff submitted a request to destroy class rosters,
registrant attendance, and sign-up sheets.
DISCUSSION
All records proposed for destruction meet the required retention periods,and the applicable
retention periods are included for reference on Exhibit A of the attached draft resolution.
The retention period required by the adopted City of Moorpark Records Retention
Schedule (MRRS) exceeds the two-year retention required by the Government Code
Section 34090 and the current plus two-year required by the California Local Government
Records Management Guidelines.The adopted MRRS authorizes the destruction of class
rosters, registrant attendance and sign-up sheet records after 5 years; 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 the destruction of permits for facility and park rentals with waiver of liability after
5 years. The MRRS 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
261
Honorable City Council
May 16, 2012, Regular Meeting
Page 2
retention required by the California Local Government Records Management Guidelines,
pursuant to the California Code of Civil Procedure Section 337.
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 create an
expense to destroy the records by shredding. The authorization will also reduce costs by
eliminating the need to store records which have met their retention.
STAFF RECOMMENDATION
Adopt Resolution No. 2012-
Attachment: Draft Resolution
262
RESOLUTION NO. 2012-
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.
263
Resolution No. 2012-
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.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit "A"
264
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 Code of Civil Procedure (CCP)
California Local Government Records Management Guidelines(CLGRMG)
City of Moorpark Records Retention Schedule (MRRS)
HATES Of' FtlffTE14T�IW" CITATION
DESCRIPTION
RECORDS REQUIREMENT (For longest
(YEARS) retention
p!!n
:od)
Rosters,,
Registrant July 2004 to 5 Years IRS
Class
Attenclance, and Class Sign-up i December
I Sheets 2006
(Aqtiv-e Adult Center ,
Program Files, (City sponsored)':"Ti60-f6" 1MRRS
Copies of Check Requests for i plus 5 Years
Instructor Payments and Refunds
[Facility Rentals and Recreation
Classes/Programs]
(Arro a Vista Recreation Center), ........
Receipts for Facility Reservations T2003 to 2005 j Audit plus 5 Years i MRRS
and Recreation
Classes/Programs
(Arroyo Vista Recreation CenteQ__
Permits(Contracts/Agreements), 2003 to 2005
- __TI_V�a s MRRS
Facility and Park Rental with i:
Waiver of Liability
(Arro 0 Vista Recreation Center)
Approved for Destruction: _Hugh Riley, Assistant City Manager
j
Consent to Destruction: 4
— IjLllt�__42
JosepirM. Mantes,.6ity Attorney
Maureen Benson, City Clerk
265