HomeMy WebLinkAboutAGENDA REPORT 2010 0421 CC REG ITEM 10F ITEM 10.F.
City Council Meetii,r:
MOORPARK CITY COUNCN ___ Y- 1-aAo/o
AGENDA REPORT ACTION: 94.�r�
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Administrative Services Director/City Clerk�:E6 -
Prepared by: Blanca Garza, Deputy City Clerk &(r
DATE: March 16, 2010 (CC Meeting of 4/21/2010)
SUBJECT: Consider Resolution Authorizing the Destruction of Specified Finance
and Human Resources Records
BACKGROUND AND DISCUSSION
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 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. This section 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.
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
Finance and Human Resources 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, the Secretary of State's Local Government
Records Management Guidelines and/or State and Federal law. The longest required
retention period has been complied with for the records proposed for destruction. 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.
85
Honorable City Council
April 21, 2010, Regular Meeting
Page 2
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 the records which have met their retention.
STAFF RECOMMENDATION
Adopt Resolution No. 2010-
Attachment: Draft Resolution
86
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF SPECIFIED RECORDS (FINANCE
AND HUMAN RESOURCES)
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; and
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; and
WHEREAS, Records currently held by the City of Moorpark, which are no longer
required and which need not be retained as provided for in the Government Code and
State and Federal authorities may be destroyed in accordance with the appropriate
provisions.
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 the City
Council's approved Records Retention Schedule, the Secretary of State's Local
Government Records Management Guidelines and/or State and Federal law; and 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".
87
Resolution No. 2010-
Page 2
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 21st day of April, 2010.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, Assistant City Clerk
Attachment: Exhibit "A"
88
Resolution No. 2010-
Page 3
EXHIBIT "A"
RECORDS DESTRUCTION CONSENT
Citations: California Government (GC) Code, Section 34090, et. seq.,
California Code of Civil Procedure (CCP), Section 337,
Code of Federal Regulations, 26 CFR 16001-1, and
City of Moorpark Records Retention Schedule (MRRS)
Description Dates of Retention Citation
Records Requirement (For Longest
(Years) Retention
Period
Accounts Payable Files, 7/1989 - 6/1994 Audit + 5 Years MRRS
Vendor Folders: Charles
Abbott Vendor Files,
Contract City Engineer and
Building & Safety
(copies of checks/invoices
Accounts Payable, Vendor 7/1991 - 6/1996 Audit + 5 Years MRRS
Payment History _
Accounts Receivable 1991 -2002 Audit + 5 Years MRRS
Bank Reconciliations 1993 - 1994; Audit + 5 Years GC 34090;
7/1995- 2002 26 CFR 16001-1
Checks, Manual Check 2/1996- 6/1997; Audit + 5 Years GC 35090;
Stubs 1/1998- 6/1999 CCP 337
Checks, Blank/Unused Not Applicable Audit + 5 Years GC 35090;
(Numbers 1017 to 1503) CCP 337
Unsolicited 2005 - 2006 Current + 2 GC 34090
Applications/Resumes for Years
Employment
Approved for Destruction:
Ron Ahlers, Finance Director
Consent to Destruction: '
Josep44f Montes, Ci Attorney
f pl .'" ,S-1;w���1-1-
Deborah S. Traffenstedt, ' y Clerk
89