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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: Authorization to execute subpoena for
production of business records, books, papers and other
documents relative to the operation of business by the
Blast Soccer Club at Al Guhin Park.
Dept: CITY ATTORNEY
Date: January 16, 2004
ORIGINAL
Synopsis of Previous Council Action:
March 18, 1996:
Resolution of the City of San Bernardino Authorizing the Director of Parks,
Recreation and Community Services Department to Issue a Permit to the Blast
Soccer Club for the Construction of and Use of Soccer Fields at Al Guhin Park.
Recommended motion:
That the Mayor be authorized to execute the attached subpoena for the production of business records, books,
papers and other documents relative to the operation of business by the Blast Soccer Club at Al Guhin Park.
J:=l~
gnature
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Report
Ward:
All
FUNDING REQUIREMENTS: Amount: None at this time
Source:
Finance:
Council Notes:
Agenda Item No. 9
STAFF REPORT
Council Meeting Date: Januarv 20. 2004
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
January 16,2004
Authorization to execute subpoena for production of business records,
books, papers and other documents relative to the operation of business
by the Blast Soccer Club at AI Guhin Park (Agenda Item # 9).
By adoption of Resolution No. 96-67 on March 18, 1996, the City of San Bernardino issued
a Recreational Use Permit for Al Guhin Park to the Blast Soccer Club. This permit allowed the Blast
Soccer Club to use the premises and its constructed or installed improvements for the purpose of
conducting youth sports games, contests, practices or other activities related to youth sports.
An issue over the use of water (and payment therefor) by the Blast Soccer Club has arisen
in the last several months in connection with its activities at Al Guhin Park. Additional information
concerning other business operation issues of the Blast Soccer Club not dealing with water have
surfaced which need to be verified as to their accuracy. As such, the proposed subpoena seeks to
obtain documentation to determine the actual facts surrounding these operation of business issues
of the Blast Soccer Club at Al Guhin Park.
It is requested that, pursuant to San Bernardino City Charter Section 34 and California
Government Code 937104 et. seq, the Mayor and Common Council adopt the floor motion
authorizing the Mayor to execute, with the City Clerk to attest, the attached subpoena for the
business records, books, papers and other documents relative to the operation of business by the
Blast Soccer Club at Al Guhin Park.
In re: Review of Business Operations)
ofthe Blast Soccer Club at Al Guhin )
Park. )
)
SUBPOENA
For Production of
Business Records, Books, Papers
And Other Documents
[San Bernardino City Charter ~34
Govt. Code ~37104 et. seq.]
TO:
CUSTODIAN OF RECORDS OF THE BLAST SOCCER CLUB
FROM:
CITY OF SAN BERNARDINO
I. YOU ARE ORDERED TO PRODUCE BUSINESS RECORDS, BOOKS, PAPERS
AND OTHER DOCUMENTS described in Item 3 as follows:
a. By delivery of a true, legible, and durable copy ofthe business
records, books, papers and other documents described in item 3 to:
James F. Penman, City Attorney, 300 North "D" Street, 6th Floor, San
Bernardino, CA 92418.
2. The records are to be produced by no later than 20 days after the issuance of the
subpoena, or 15 days after service, whichever is later. Reasonable costs of copying and postage are
recoverable from the City. The records shall be accompanied by an affidavit of the custodian or
other qualified witness stating in substance each of the following:
a. the affiant is the du1y authorized custodian of records or other
qualified witness and has authority to certify the records;
b. the copy is a true copy of all the records described in the
subpoena; and,
c. if the Blast Soccer Club has none of the records described, or
only part thereof, the custodian or other qualified witness shall so
state in the affidavit, and deliver the affidavit and such records as are
available.
3. The records to be produced are as follows:
a. All business records, books, papers and other documents including, but
not limited to, register receipts and cancelled checks, relating to all
income received and all expenses incurred and/or paid, as a result of
operation of the youth soccer program (including, but not limited to,
HTC/ed[Blast Soccer Club Subpoena]
Date Issued:
ATTEST:
youth sports games, contests, practices or other activities related to youth
sports) conducted by the Blast Soccer Club at Al Guhin Park from
March 1996 to the present, due to that certain City of San Bernardino
Recreational Use Permit For Al Guhin Park entered into March, 1996.
b. All business records, books, papers and other documents relating to
rosters of youth soccer teams and their coaches and supervisors,
including home addresses, for such teams participating in the youth
soccer program (including, but not limited to, youth sports games,
contests, practices or other activities related to youth sports) conducted
by the Blast Soccer Club at Al Guhin Park from March 1996 to the
present, due to that certain City of San Bernardino Recreational Use
Permit for Al Guhin Park entered into March, 1996.
Mayor,
City of San Bernardino
City Clerk
HTC/ed[Blast Soccer Club Subpoena]
2
In re: Review of Business Operations)
of the Blast Soccer Club at Al Guhin )
Park. )
)
SUBPOENA
For Production of
Business Records, Books, Papers
And Other Documents
[San Bernardino City Charter ~34
Govt. Code ~37104 et. seq.]
TO:
CUSTODIAN OF RECORDS OF THE BLAST SOCCER CLUB
FROM:
CITY OF SAN BERNARDINO
1. YOU ARE ORDERED TO PRODUCE BUSINESS RECORDS, BOOKS, PAPERS
AND OTHER DOCUMENTS described in Item 3 as follows:
a. By delivery of a true, legible, and durable copy of the business
records, books, papers and other documents described in item 3 to:
James F. Penman, City Attorney, 300 North "D" Street, 6th Floor, San
Bernardino, CA 92418.
2. The records are to be produced by no later than 20 days after the issuance of the
subpoena, or 15 days after service, whichever is later. Reasonable costs of copying and postage are
recoverable from the City. The records shall be accompanied by an affidavit of the custodian or
other qualified witness stating in substance each of the following:
a. the affiant is the duly authorized custodian of records or other
qualified witness and has authority to certifY the records;
b. the copy is a true copy of all the records described in the
subpoena; and,
c. if the Blast Soccer Club has none of the records described, or
only part thereof, the custodian or other qualified witness shall so
state in the affidavit, and deliver the affidavit and such records as are
available.
3. The records to be produced are as follows:
a. All business records, books, papers and other documents including, but
not limited to, register receipts and cancelled checks, relating to all
income received and all expenses incurred and/or paid, as a result of
operation of the youth soccer program (including, but not limited to,
HTC/ed[Blast Soccer Club Subpoena]
(}cL 'G:-\ (\ ~
--
.
youth sports games, contests, practices or other activities related to youth
sports) conducted by the Blast Soccer Club at AI Guhin Park from
March 1996 to the present, due to that certain City of San Bernardino
Recreational Use Permit For AI Guhin Park entered into March, 1996.
b. Any and all agreements between the Blast Soccer Club and any other
groups, entities, organizations, etc. as a result of the operation of said
youth soccer program conducted by the BIast Soccer Club at AI Guhin
Park from March 1996 to the present, due to that certain City of San
Bernardino Recreational Use Permit for AI Guhin Park entered into
March, 1996.
c. All business records, books, papers and other documents relating to
rosters of youth soccer teams and their coaches and supervisors,
including home addresses, for such teams participating in the youth
soccer program (including, but not limited to, youth sports games,
contests, practices or other activities related to youth sports) conducted
by the Blast Soccer Club at AI Guhin Park from March 1996 to the
present, due to that certain City of San Bernardino Recreational Use
Permit for AI Guhin Park entered into March, 1996.
.,
Date Issued: '-'AnuI>n..y )': ;)00'1
,
~
./'.'
~san Longville, Mayor Pro Tem
City of San Bernardino
ATTEST:
~~ /;;~
HTC/ed[Blast Soccer Club Subpoena]
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City Clerk/COC Seey
City of San Bernardino