HomeMy WebLinkAboutAGENDA REPORT 2012 0516 CC REG ITEM 10K ITEM 10.K.
±:ity Council f0eeting
ACTION:
MOORPARK CITY COUNCIL
AGENDA REPORT
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 (Film
Permit Records: Correspondence,Applications, Permits, Agreements)
on File in the Administrative Services Department
BACKGROUND
Staff is requesting authorization to destroy a variety of film permit records on file in the
Central Files of the Administrative Services Department. On March 7, 2012, the City
Council authorized the destruction of film permit records on file in the Community
Development Department from January 1984 through December 2006. The related
Central File records were inadvertently left out of the prior request and authorization for
destruction is being requested at this time.
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) for the proposed destruction of a Hold Harmless Agreement
(Agreements/Contracts), is closed plus 10 years pursuant to the California Code of Civil
Procedure Section 337.15, which exceeds the terminated plus 5 year retention required by
by the California Local Government Records Management Guidelines.The adopted MRRS
authorizes the destruction of film permits; and correspondence and supporting data related
to film permits and filming to be expiration plus 2 years,which meets the retention required
by the California Local Government Records Management Guidelines pursuant to the
California Government Code Section 34090, et. seq.
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.
266
Honorable City Council
May 16, 2012, Regular Meeting
Page 2
FISCAL IMPACT
The destruction of the specified records noted in the attached draft resolution will not
create an expense. The authorization will reduce costs by eliminating the need to store
records which have met their retention.
STAFF RECOMMENDATION
Adopt Resolution No. 2012-
Attachment: Draft Resolution
267
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CERTAIN RECORDS (FILM PERMIT
RECORDS: CORRESPONDENCE, APPLICATIONS,
PERMITS, AGREEMENTS) ON FILE IN THE
ADMINISTRATIVE 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 adopted City of Moorpark Records Retention Schedule
authorizes the retention of Agreements/Contracts to be closed plus 10 years, pursuant
to the California Code of Civil Procedure Section 337.15, which exceeds the terminated
plus 5 year retention required by the California Local Government Records
Management Guidelines; and
WHEREAS, applicable to the proposed record destruction, the California Code
of Civil Procedure Section 337.15, states no action may be brought to recover damages
from any person who develops real property or performs or furnishes the design,
specifications, surveying, planning, supervision, testing, or observation of construction
or construction of an improvement to real property more than 10 years after the
substantial completion of the development or improvement, and the 10-year period shall
commence upon substantial completion of the improvement, but not later than the date
of use or occupation of the improvement, as applicable to the proposed record to be
destroyed; 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 California Code of Civil Procedure Section
337.15), the California Local Government Records Management Guidelines, and the
City of Moorpark's adopted Retention Schedule.
268
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 16th day of May, 2012.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit "A"
269
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, Section 337.15
California Local Government Records Management Guidelines (CLGRMG)
City of Moorpark Records Retention Schedule (MRRS)
—6
DATES OF ON CITATION I'Et CR-1-i i-ff 0-14 RETENTION
RECORDS REQUIREMENT (For longest 1
(YEARS) retention
....._period)
Correspondence and Supporting September 1984 to t'-F.,
piration plus 2 1MRRS
Data, Related to Film Permits and October 1984;
Years
Riming December 1984',
September 1985;
May 1986 to June
1986; May 1987 to
June 1987;
September 1987;
November 1987;
February 1988;
August 1988:
February 1989 to
May 1989; February
1990 to May 1990;
July 1990 to August
1990; August 2002
Film Permits:Applications/ June 1986, August Expiration plus 2 MRRS
Commercial Motion Picture/ 1986; June 1987; Years
Still Photography Permits September 1987,
April 1989; February
1990 to April 1990
Release of all Claims-i-nd-Hold November 1987 Closed plus 10 MFIS
Harmless Agreement, Related to Years
Film Permits
Approved for Destruction-
Deborah S. Traffensted-t-,116puty City Manager
Consent to Destruction:
Jos M. Wontes, City Attorney
Maureen Benson, City Clerk
270