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Home My WebLink AboutAGENDA REPORT 2009 0617 CC REG ITEM 10KITEM 10.K. CITY OF MOO RPARK, CALIFORNIA City Council Meeting of (0-11-A005 _ ACTION: MOORPARK CITY COUNC" -- A0D9- 8'- 1. AGENDA REPORT - TO: Honorable City Council FROM: Deborah S. Traffenstedt, Administrative Services Director /City Clerk 3:5T Prepared by: Blanca Garza, Deputy City Clerk BC— DATE: May 29, 2009 (CC Meeting of 6/1712009) SUBJECT: Consider Resolution Authorizing the Destruction of Parks, Recreation and Community Services Department Records BACKGROUND AND DISCUSSION Government Code Section 34090, et. seq., authorizes the destruction of City records that are 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. The State Code of Civil Procedure Section 337 prescribes the time periods for the commencement of certain legal actions, and thereby extends the minimum retention period for certain types of files, including a minimum four -year retention for files pertaining to any contract, obligation or liability founded upon an instrument in writing; an action to recover upon an account; and an action based upon a rescission of an account in writing. The City Attorney's written consent is included with the attached draft resolution. The Parks, Recreation and Community Services Department records that are intended to be destroyed are shown on the list attached to the resolution (Exhibit "A ") and the applicable retention periods are included. The proposed destruction of records is consistent with the City Council's approved Records Retention Schedule and /or state law. For some of the Community Services /Parks /Recreation files, the City's Retention Schedule requires a longer retention period, which when applicable, is shown on Exhibit A. FISCAL IMPACT The destruction of the specified records noted in the attached draft resolution will create an expense to destroy the records. Staff has obtained quotes to have the records shredded and the lowest bid received is $132.00 for the shredding of all the records listed in Exhibit "A". The authorization will also reduce costs by eliminating the need to rent a storage bin to store the records which have met their retention. 240 Honorable City Council June 17, 2009, Regular Meeting Page 2 STAFF RECOMMENDATION Adopt Resolution No. 2009- Attachment: Draft Resolution 241 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS (PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT, RECREATION DIVISION) WHEREAS, Government Code Section 34090, et. seq., authorizes the destruction of City records that are 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. WHEREAS, The State Code of Civil Procedure Section 337 prescribes the time periods for the commencement of certain legal actions, and thereby extends the minimum retention period for certain types of files, including a minimum four -year retention for files pertaining to any contract, obligation or liability founded upon an instrument in writing; an action to recover upon an account; and an action based upon a rescission of an account in writing. 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 Code of Civil Procedure Section 337) and the City's adopted Retention Schedule; 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 2. 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 3. The City Council hereby authorizes the City Clerk to destroy the City Records listed in Exhibit "A ". SECTION 4. 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 17th day of June, 2009. Janice S. Parvin, Mayor ATTEST: Maureen Benson, Assistant City Clerk Attachment: Exhibit "A" 242 Resolution No. 2009 - Page 2 EXHIBIT "A" RECORDS DESTRUCTION CONSENT Citations: California Government (GC) Code, Section 34090, California Code of Civil Procedure (CCP), Section 337, and City of Moorpark Records Retention Schedule (MRRS) DESCRIPTION DATES OF RETENTION CITATION RECORDS REQUIREMENT (For longest (YEARS) retention period) Agendas, Adult Sports Meetings 1993 -1998 Closed /Completed MRRS + 4 Years Agendas, Staff Meetings 1997 -2002 Current + 2 Years GC 34090 Applications, Vendor 1992 -1995 Closed /Completed MRRS + 5 Years Brochure Records, Advertisement 1994 -1999 Superseded + 2 GC 34090 (Recreation) Years Calendars, Arroyo Vista Recreation 1994 -1995 Current + 2 Years GC 34090 Staff Correspondence, Recreation Class 1992 -1993 Closed /Completed MRRS and Special Event + 5 Years Correspondence, Gym Floor 1995 -1996 Current + 2 Years GC 34090 Maintenance and Operations Correspondence, Special Event 1987 -1997 Closed /Completed MRRS Records + 5 Years Event Records, World Fest 1995 Closed /Completed MRRS + 5 Years Flyers, Special Event 1987 -1997 Closed /Completed MRRS + 5 Years Forfeit Payment Records, Adult 1990 -1991 Audit + 5 Years MRRS Sports Leagues (Lists of Forfeit Fees Paid and Refunded) Liability Release Waiver Forms, 1992 -1994 5 Years MRRS Recreation Class and Special and 2002 Events Liability Release Waiver Forms, 1996 -1999 5 Years MRRS Camp Moorpark Liability Release Waiver Forms, 1998 -2000 and 5 Years MRRS Skate ark 2002 Memorandums, Staff Meetings 1997 -2002 Closed /Completed MRRS + 5 Years Payments (Copies), Recreation 1989;1992- Audit + 5 Years MRRS Class Instructor 2000; and 2002 Permits (Contracts /Agreements), 1997 -1998 and Closed/Completed MRRS Facility and Park Rental 2001 -2002 1 + 4 Years Phone Message Books 11992 12 Years MRRS 243 Resolution No. 2009 - Page 3 EXHIBIT "A" (Continued) RECORDS DESTRUCTION CONSENT Citations: California Government (GC) Code, Section 34090, California Code of Civil Procedure (CCP), Section 337, and City of Moorpark Records Retention Schedule (MRRS) DESCRIPTION DATES OF RETENTION CITATION RECORDS REQUIREMENT (For longest (YEARS) retention period) Publicity Materials, Special Events, 1987 -2002 Closed /Completed MRRS Recreation Class and Recreation + 5 Years Programs Publicity, Camp Moorpark 1996 -1999 Closed /Completed MRRS + 5 Years Purchasing, Youth Sports Invoices 1995 -1996 Closed/Completed MRRS (copies) + 5 Years Receipt Books, Camp Moorpark 1991 -1997 Audit + 4 Years CCP 337 and Parks Receipt Books, Recreation Class 1990-1999 Audit + 4 Years CCP 337 Receipt Books, Special Event 1994 -1999 Audit + 4 Years CCP 337 Receipts, Facility Reservation and 1993 -1997 and Audit + 4 Years CCP 337 Recreation Class (Finance 2001 -2002 Departmental) Registration Forms, Adult Sports 1993 -1998 5 Years MRRS Registration Forms, Recreation 1989; 1992- 5 Years MRRS Class 1999; and 2002 Registration Forms, Special Event 1992 -1993 5 Years MRRS Registration Forms, Teen Program 1993 -1996 5 Years MRRS Registration Forms, Youth Sports 1995 -1996 5 Years MRRS Registration Information, Contract 1992 5 Years MRRS Recreation Class Rental Forms, Facility and Park 1997 -1998 Closed /Completed MRRS Rental + 4 Years Rosters, Camp Moorpark 1996 -1999 5 Years MRRS Rosters, Recreation Class 1985 -1988; 5 Years MRRS 1992 and 1994 Rosters, Recreation Program 1989; 5 Years MRRS 1992 -1996 Rosters, Youth Sports Teams 1995 -1996 5 Years MRRS 244 Resolution No. 2009 - Page 4 EXHIBIT "A" (Continued) RECORDS DESTRUCTION CONSENT Citations: California Government (GC) Code, Section 34090, California Code of Civil Procedure (CCP), Section 337, and City of Moorpark Records Retention Schedule (MRRS) DESCRIPTION DATES OF RETENTION CITATION RECORDS- REQUIREMENT (For longest (YEARS) retention period Rosters, Adult Sports Teams 1993 -1996 5 Years MRRS Schedules, Adult Sports 1993 -1998 Closed /Completed MRRS + 5 Years Schedules, Camp Moorpark 1996 -1999 Closed /Completed MRRS + 5 Years Schedules, Youth Sports 1995 -1996 Closed /Completed MRRS + 5 Years Score Sheets and Score Books, 1993 -1998 Closed /Completed MRRS Adult and Youth Sports + 5 Years Surveys, Customer Youth Sports 1995 -1996 Current + 2 Years GC 34090 Leagues and Programs Surveys, Teen 1993 -1996 andj Current + 2 Years GC 34090 2000 Approved for Destruction: , Parks, Recreatigh & Community Services Director Consent to Destruction: Jose M. Montes, ity Attorney C Deborah S. Traffenstedt, City rk 245