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ORIGINAL
- REQUEST FOR COUNCIL ACTION
CITY OF SAN BERNARDINO
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 BKs -
Chapter 11, Box #12."
Dept: CITY ATTORNEY
Date: June 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.
Recommended motion:
That said Resolution be adopted.
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Renort
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
~. '-OOS-..~X-
Agenda Item No.
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STAFF REPORT
Council Meeting Date: June 20. 2005
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council qf
James F. Penman, City Attorney ,
June 15, 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.
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RESOLUTIONNO. !{;~lPY
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
A TTORNEY'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 S34090;
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 S34090, the City
12 records, consisting of one box of closed bankruptcy files described as "Closed BKs - Chapter 11, Box
13 #12," may be destroyed upon adoption of this Resolution.
14 ill
15 III
16 III
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28 III
BGR/bgr [Records4Res] June 15,2005
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26
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28
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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 foregomg 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
7 COUNCIL MEMBERS:
8 ESTRADA
9 LONGVILLE
10 McGINNIS
II DERRY
, 2005, by the following vote, to wit:
AYES
NAYS
ABST AIN ABSENT
12 KELLEY
13 JOHNSON
14 McCAMMACK
IS
16
17
~
City Clerk
The foregoing Resolution is hereby approved this _ day of
,2005.
Judith Valles, Mayor
City of San Bernardino
Approved as to form
and legal content:
The City Attorney hereby consents to the
destruction of the records described in this
Resolution.
JAMES F. PENMAN,
City Attorney
June 15, 2005
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BGR/bgr [Records4Res)
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
M<eting Date (Dote Ad~' 0 i}V'V<; Item'
Vote: Ayes Nays
Change to motion to amend original documents 0
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Resolution #
a-PO~ ~:J:J.-~
Abstain
Companion Resolutions
Absent
Null/Void After: days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0 POST 0 RECORDW/COUNTY 0
~
Date Sent to Mayor: ~~ 5 ~
L -""
Date of Mayor's Signature: tW'}7.0s ~
Date of Clerk/CDC Signature: ~ J ~~ ' '
By:
Reso. Log Updated: ~,
Seal Impressed: cr
Date Memo/Letter Sent for Signature:
101 Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders,(64V, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
,.
Updated Traffic Folders (3985, 8234, 655, 92-389):
~
Yes
Yes
Yes
Yes
Yes
No By_
No----By _
No.- -,By _
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No By_
No=- By_
Copies Distributed to:
Animal Control ~ EDA 0 Information Services 0
City Administrator Facilities 0 Parks & Recreation 0
City Attorney Finance 0 Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others:
Notes: /
Ready to File.
Date11 i L-- fJ ~
Revised 12/18/03