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lRIGINAL
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,
Chapter II, Box #19."
Dept: CITY ATTORNEY
Date: August 22, 2005
MCC Date: September 6, 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.
On August 15,2005, 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
Supporting data attached: Staff Report
FUNDING REQUIREMENTS: Amount:
Source:
Phone:
Ward:
5255
Council Notes: 1-d.R49 ;)005- .:JqL/
Finance:
Agenda Item No. II
9/(P/O~
STAFF REPORT
Council Meeting Date: September 6. 2005
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
August 22, 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
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 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.
RESOLUTION NO. ~ ~ rP'lr
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 MAl NT AINED 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:
I 1
SECTION 1. In accordance with the provisions of Government Code 934090, the City
12 records, consisting of one box of closed bankruptcy files described as "Closed Bankruptcies, Chapter
13 11. Box # 19," may be destroyed upon adoption of this Resolution.
14 I I I
15 I I I
16 I I I
17 I I I
18 I I I
19 III
20 I I I
21 I I I
22 I I I
23 I I I
24 I I I
25 III
26 I I I
27 III
28 I I I
ed [Records9.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
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
7 COUNCIL MEMBERS:
, :W05, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
8 ESTRADA
9 LONGVILLE
10 McGINNIS
11 DERRY
12 KELLEY
13 JOHNSON
14 McCAMMACK
15
16
17
18
City Clerk
The foregoing Resolution is hereby approved this ~ day of
,2005.
19
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 n
By: Jftz'l.--;' 1-
28 ()
ed [Records9.Res]
."'l
,r;,., ""-"'__
"
August 2, 2005
. .
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Vote:
Ayes /.;.. '7
Meeting Date (Date Adopted): CJ. I> - cS Item #
Abstain
II
:!(i(JS- . d C}<J
Absent
Resolution #
Nays
Change to motion to amend original documents 0
Companion Resolutions
NulINoid After: days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: C)-I-, oy
Date of Mayor's Signature: q I ~ I 0 S ./
./
Date ofClerklCDC Signature: L} cg,lO<--
Date Memo/Letter Sent for Signature:
1 st Reminder Letter Sent:
Reso, Log Updated: O!
Seal Impressed: ~~.
Reso, # on Staff Report ~
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 (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985,8234,655,92-389):
Yes / No By_
- .../-r--
Yes No By_
Yes No/ . By_
~
Yes No By
Yes No/ By_
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
o
~..
o
o
EDA 0
Facilities 0
Finance 0
Fire Department 0
Human Resources 0
Information Services
Parks & Recreation
Police Department
Public Services
Water Department
o
o
o
o
o
Notes:
Ready to File: _
Revised 12/18/03
Date: