The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 2009 1104 CC REG ITEM 10F ITEM 10Y. CITY OF MOORPARK,CALIF'ORNiA City Council Meeting MOORPARK CITY COUNCH // Al A001 AGENDA REPORT ACT : a& 009-af7/ r TO: Honorable City Council iy: � FROM: Deborah S. Traffenstedt, Administrative Services Director/City ClerkT Prepared by: Blanca Garza, Deputy City Clerk DATE: October 21, 2009 (CC Meeting of 11/412009) SUBJECT: Consider Resolution Authorizing the Destruction of Finance Department 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 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, the Secretary of State's Local Government Records Management Guidelines and/or State and Federal law. 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. For some of the Finance files, the City's Retention Schedule requires a longer retention period, which when applicable, is shown on Exhibit A. 131 Honorable City Council November 4, 2009, 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 rent a storage bin to store the records which have met their retention. STAFF RECOMMENDATION Adopt Resolution No. 2009- Attachment: Draft Resolution 132 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS (FINANCE DEPARTMENT) 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". 133 Resolution No. 2009- 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 4th day of November, 2009. Janice S. Parvin, Mayor ATTEST: Maureen Benson, Assistant City Clerk Attachment: Exhibit "A" 134 Resolution No. 2009- 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, 1986 - 1990- Audit + 5 Years MRRS Invoices, Check Copies and 1998 — 1999 Supporting Documentation Accounts Payable Files, 1986 — 2002 Audit + 5 Years MRRS Vendor Folders: A - Z (w/ copies of checks, paid invoices/purchase orders) Accounts Payable Files, 1987 - Audit + 5 Years MRRS Vendor Folders: Willdan 1994;7/1995 - Associates, Contract City 1/1988;5/1988 - Engineer (w/ copies of 3/1991 checks, paid invoices/purchase orders Accounts Payable Files, 8/1994 - 6/1997 Audit + 5 Years MRRS Vendor Folders: Charles Abbott Vendor Files, Contract City Engineer and Building & Safety (copies of checks/invoices) Accounts Payable, Check 1993 - 6/1997; Audit + 5 Years MRRS Copies 7/1998 - 6/1999; 7/2001 - 6/2002 Accounts Payable, Check 7/1999 - 6/2000 Audit + 5 Years MRRS Copies White Accounts Payable, 7/1991 - 6/1992 Audit + 5 Years MRRS Payments for Publication Accounts Payable, Vendor 1997 — 1999 Audit + 5 Years MRRS Payment History Accounts Payable: Zip Disk, 1995 — 1998 Audit + 5 Years MRRS Lotus Julia Shipman Backup Accounts Receivable 3/1997 - 1999; Audit + 5 Years MRRS 1/2001 - 6/2001; 1/2002 - 12/2000; 7/2001 - 12/2001 135 Resolution No. 2009- Page 4 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) Bank Deposit Tickets, Pink 1995 - 6/2001 Audit + 5 Years MRRS Copies of Receipts, Copies of Revenue Checks Bank Receipts with Journal 7/1995 - 6/1996 Audit + 5 Years GC 34090; Entry History Reports 26 CFR 16001-1 Bank Reconciliation: BNY 1999 — 2000 Audit + 5 Years GC 34090; Western Trust Account 26 CFR 16001-1 Bank Reconciliation: 1998 — 2001 Audit + 5 Years GC 34090; Bank of America Control 26 CFR 16001-1 Disbursement Bank Reconciliations 1/2000; Audit + 5 Years GC 34090; 7/2000 - 12/2000; 26 CFR 16001-1 4/2001; 1/2002 Bank Statements, Bank 1988 — 1993 Audit + 5 Years GC 34090; Deposits Slips 26 CFR 16001-1 Bank/Account 1997 —2002 Audit + 5 Years GC 34090; Reconciliation: Bank of 26 CFR 16001-1 America Account Bank/Account Records: 1991 — 1992 Audit + 5 Years GC 34090; Bank of A Levy Records 26 CFR 16001-1 Budget Preparation Files 1995 — 1998 Audit + 2 Years GC 34090 Calendar Year Form 1099s 1996 — 2001 5 Years MRRS Canceled Checks, Accounts 1994 — 2002 Audit + 5 Years GC 35090; Payable CCP 337 Canceled Checks, Payroll 12/1994 — 6/2002 Audit + 5 Years GC 35090; CCP 337 Cash Receipts Yellow 7/1995 - 3/1996 Audit + 5 Years MRRS Copies Disbursement 7/1991 - 6/1992 Audit + 5 Years GC 34090; Authorizations 26 CFR 16001-1 Disbursement History 1998 — 1999 Audit + 5 Years GC 34090; Report 26 CFR 16001-1 Disbursement Journal 7/1991 - 6/1992 Audit + 5 Years GC 34090; 26 CFR 16001-1 136 Resolution No. 2009- Page 5 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 Disbursement Journal for 7/1999-9/1999 Audit+ 5 Years GC 34090; Council Meetings 26 CFR 16001-1 Journal Entries, Edit 1995 - 6/2002 Audit+ 2 Years GC 34090 Listings, Journal Entry History, Journal Entry History Reports, Journal Entry Reports Moorpark Receipts, Actual 711996— 12/1996; Audit+ 5 Years MRRS Backup 2/2002 -6/2002 Purchase Orders 1993— 1999 Audit+ 5 Years MRRS Receipt History 1993- 1994; Audit + 5 Years MRRS 1998 - 1999 Receipts, Yellow Copies 3/1996 -2002 Audit + 5 Years MRRS Reconciliation: Balance 1994-- 1997 Audit+ 5 Years GC 34090; Sheet, Disbursement 26 CFR 16001-1 History, Vendor Payments, Vendor History, Revenue Guide and Expenditure Guide Validated deposit tickets, 7/1998 -6/1999; Audit+ 5 Years MRRS' receipt pink copies, copy of 7/2001 -6/2002 revenue checks Consent to Destruction: JosephO. Montes, City orney Deborah S. Traffenstedt, City Cler 137