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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, three boxes of closed
bankruptcy files described as "Eagle Bus Bankruptcy,
1990 to 1994, Box Nos. 15, l7and 19."
Dept: CITY ATTORNEY
Date: October 10, 2005
MCC Date: October 17,2005
Synopsis of Previous Council action:
ORIGINAL
On May 2,2005, at the request ofthe 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.
On August 15,2005, the Council approved a Resolution to destroy certain documents in the City Attorney's
Office.
On September 6, 2005, the Council approved a Resolution to destroy certain documents in the City
Attorney's Office.
On September 19, 2005, the Council approved a Resolution to destroy certain documents in the City
Attorney's Office.
On October 3, 2005, the Council approved a Resolution to destroy certain documents in the City Attorney's
Office.
Recommended motion:
That said Resolution be a pted.
Signature
Phone: 5255
Ward:
Contact person: James F. Penman
Supporting data attached: StaffRe art
FUNDING REQUIREMENTS: Amount:
&. :;- Source:
1 . ~ Dcs.-33
Council Notes:
Finance:
Agenda Hem No.
1
i D (t7 / iJs--
ed[Records 12.rca.wpd]
, .
STAFF REPORT
Council Meeting Date: October 17. 2005
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
October 10, 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 934090 permits the destruction of City records under the control
ofthe 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 934090.
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.
ed[RecordsI2.SR.wpd]
. .
RESOLUTION NO. t (>> I?Y
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN RECORDS NO
3 LONGER REQUIRED TO BE MAINTAINED BY THE SAN BERNARDINO CITY
ATTORNEY'S OFFICE.
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 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
II
SECTION 1. In accordance with the provisions of Government Code 934090, the City
12 records, consisting of three boxes of closed bankruptcy files described as "Eagle Bus Bankruptcy,
13 1990 to 1994, Box Nos. IS, 17 and 19" may be destroyed upon adoption of this Resolution.
14 III
IS III
16 I I I
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28 III
ed [RecordsI2.Res] October 10, 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
ATTORNEY'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 _dayof
, 2005, by the following vote, to wit:
7 COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
8 ESTRADA
9 LONGVILLE
10 McGINNIS
1 1 DERRY
12 KELLEY
13 JOHNSON
14 McCAMMACK
15
16
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. PENMAN,
City Attorney
26
27
28
October 10, 2005
"'-0,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
M'cting D.I< (D.I< AdOP1dl, 1 () 111 ,OS !t,m #
Vote: Ayes Nays
Change to motion to amend original documents D
RESOLUTION AGENDA ITEM TRACKING FORM
//
Resolution # t? [l oS: -37; ~
:3
Abstain
Companion Resolutions
Absent
NullNoid After: days /
Resolution # On Attachments: D Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W/COUNTY D
By:
//
Reso. Log Updated: 6'
Seal Impressed: [Zl/ /
Reso. # on Staff Report if
Date Sent to Mayor:
Date of Mayor's Signature:
Date ofClerk/CDC Signature:
Date Memo/Letter Sent for Signature:
15l Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
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):
/
Yes
Yes
Yes
Yes
Yes
No
No /
No /
No /
No /
By_
By_
By_
By_
By__
Copies Distributed to:
Animal Control V EDA D Information Services D
City Administrator Facilities D Parks & Recreation D
City Attorney Finance D Police Department D
Code Compliance D Fire Department D Public Services D
Development Services D Human Resources D Water Department D
Others:
Notes:
Ready to File: I
.-
Date: 1('1 J S, C\
Revised 12/18/03