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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject:
Resolution of the City of San Bernardino approving
the destruction of certain records no longer required
to be maintained by the San Bernardino City
Attorney's Office--specifically, one box of closed
bankruptcy files described as "Closed Bankruptcies,
1994-1996+, Box #29."
Dept: CITY ATTORNEY
Date: August 2, 2005
MCC Date: August 15, 2005
Synopsis of Previous Council action:
On May 2,2005, at the request of the City Attorney, the Council
tabled a Resolution to destroy documents.
On May 16,2005, the Council approved a Resolution to destroy
certain documents in the City Attorney's Office.
On June 6, 2005, the Council approved a Resolution to destroy
certain documents in the City Attorney's Office.
On June 20, 2005, the Council approved a Resolution to destroy
certain documents in the City Attorney's Office.
On July 5, 2005, the Council approved a Resolution to destroy
certain documents in the City Attorney's Office.
On July 18, 2005, the Council approved a Resolution to destroy
certain documents in the City Attorney's Office.
On August 1, 2005, the Council approved a Resolution to destroy
certain documents in the City Attorney's Office.
Recommended motion:
That said Resolution be adopted.
Lz~-;z.~
o Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Report
FUNDING REQUIREMENTS: Amount:
Source:
Ward:
Finance:
Council Notes: ~/.). ~{)os-J,rll;
Agenda Item No. / CJ
~//O/O~
STAFF REPORT
Council Meeting Date: AUQust 15.2005
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
August 2,2005
Resolution of the City of San Bernardino Approving the
Destruction of Certain Records No Longer Required to be
Maintained by the San Bernardino City Attorney's Office
Government Code ~34090 permits the destruction of City records under the control
of the head of a City department "with the approval of the legislative body by resolution and
the written consent of the city attorney." City records, documents, instruments, books or
paper under the department head's charge may be so destroyed after the same are no
longer required.
Certain records, including those which are less than two years old, may not be
destroyed. The records, documents, instruments, books or papers no longer required to
be maintained are more than two years old and are permitted to be destroyed pursuant to
Government Code ~34090.
It is requested that the Mayor and Common Council approve the floor motion and
that the Resolution of the City of San Bernardino approving the destruction of certain
records no longer required to be maintained by the San Bernardino City Attorney's Office
be adopted.
RESOLUTION NO. ~ (d) [p V
2 RESOLUTION OF THE MA YOR AND COMMON COUNCIL OF THE CITY OF
SA:\! BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS NO
3 LONGER REQUIRED TO BE MAINTAINED BY THE SAN BERNARDINO CITY
ATTORNEY'S OFHCE.
4
5
WHEREAS, the San Bernardino City Attorney has submitted a request for authority to
6 destroy certain records no longer required to be maintained by the City Attorney's Office; and,
7 WHEREAS, said request is in accordance with the procedures and requirements of
8 Government Code 934090;
9 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
10 COU1\CIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
II SECTION 1. In accordance with the provisions of G01'ernment Code 934090, the City
12 records, consisting of one box of closed bankruptcy files described as "Closed Bankruptcies, 1994-
13 1996+, Box #29," may be destroyed upon adoption of this Resolution
14 I I I
15 III
]6 I I I
17 III
18 I II
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 I I I
28 III
cd [RecordsS Res] August 2,2005
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS NO
2 LONGER REQUIRED TO BE MAINTAINED BY THE SAN BERNARDINO CITY
A TTORNEY'S OFFICE.
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof, held on the
6 ___ day of
,2005. by the following vote, to wit:
7 COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
8 ESTRADA
9 LONGVILLE
10 McGINNIS
I I DERRY
]2 KELLEY
] 3 JOH~SON
14 McCAMMACK
15
]6
City Clerk
17
18
19
The foregoing Resolution is hereby approved this _ day of
,2005.
20
21
22
Judith Valles, Mayor
City of San Bernardino
23
Approved as to form
24 and legal content:
The City Attorney hereby consents to the
destruction of the records described in this
Resolution.
25 JAMES F. PENf\1AN,
City Attorney
26
27
r
n '1
~P""" ;J. I '.J.~---..
.TIMES F. PENMAN, City Attorney
./
2
August 2, 2005
::J 7
~/ ..; (iu____....
.-.......
28
;;
By: ./'i.'t1'~7
()
cd I Records8 Res]
~.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Mooting D'" (D", AdOPJ>f g, It;, OS "om # _10
Vote: Ayes Nays
Change to motion to amend original documents D
ODO) - dl~
Abstain
Resolution #
Absent
Companion Resolutions
NulIIVoid After:
days /
Note on Resolution of attachment stored separately: D
Resolution # On Attachments: D
PUBLISH D POST D RECORDW/COUNTY D
/
Date Sent to Mayor: ~,.. (\ , 0 )
Date of Mayor's Signature: ~ ,-(1,.. () f"....-/
Date ofClerk/CDC Signature: ~r I ~J6;
Date Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
By:
6
Reso. Log Updated:
Seal Impressed: ~ /
Reso. # on Staff Report IT
Not Returned: D
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
Animal Control D EDA D
City Administrator V Facilities D
City Attorney Finance D
Code Compliance D Fire Department D
Development Services D Human Resources D
Others:
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Information Services D
Parks & Recreation D
Police Department D
Public Services D
Water Department D
Notes:
Vi
Ready to File: _
/
~ -~
Date: g/ ) > ~ 0 ~
Revised 12/18/03