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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, one box of closed
bankruptcy files described as "JNH Nationwide
Investments Bankruptcy, SA 9l-3l196JW; lL. Dykes;
D.o. Dykes; E. Barrier, BJ. Barrier; Nine Fourplexes,
Box #14."
Dept: CITY ATTORNEY
Date: September 8, 2005
MCC Date: September 19,2005
Synopsis of Previous Council action: 0 RIG J N A L
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.
On September 6, 2005, the Council approved a Resolution to destroy certain documents in the City
Attorney's Office.
Recommended motion:
That said Resolution be adopt .
~
Signature
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Contact person: James F. Penman
Supporting data attached: Staff Report
FUNDING REQUIREMENTS: Amount:
Source:
Phone: 5255
Ward:
Finance:
If/IfIo-s
Agenda Item NO.~
Council Notes:
STAFF REPORT
Council Meeting Date: September 19.2005
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
September 8, 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 S34090 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 S34090.
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. C (>> {}2> If
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:
11
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 "JNH Nationwide Investments
13 Bankruptcy, SA 91-31196JW; J.L. Dykes; D.o. Dykes; E. Barrier, BJ. Barrier; Nine Fourplexes, Box
14 #14," may be destroyed upon adoption of this Resolution.
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
ed [RecordsIO.Res] September 8, 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 _ day of
7 COUNCIL MEMBERS:
8 ESTRADA
9 LONGVILLE
10 McGINNIS
11 DERRY
12 KELLEY
13 JOHNSON
14 McCAMMACK
15
16
17
, 2005, by the following vote, to wit:
AYES
NAYS
ABST AIN ABSENT
City Clerk
18
19
20
21
22
23
The foregoing Resolution is hereby approved this ~ day of
,2005.
Judith Valles, Mayor
City of San Bernardino
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
'\
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2
September 8, 2005
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Mooting D.te (D.te Jd)' ~ Item #
Vote: Ayes Nays
Change to motion to amend original documents D
(/
Resolution #
J-oo> -3J-1
f
Abstain
Companion Resolutions
Absent
NulllVoid After: days /
Resolution # On Attachments: D Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W/COUNTY D
By:
Date Sent to Mayor: q (:J QtO( ~
Date of Mayor's Signature: q, -J1t 19 ~
/'
Date of Clerk/CDC Signature: q r )1,- (1S
Reso_ Log Updated: if'
Seal Impressed: I2f /
Reso. # on Staff Report ~
Date Memo/Letter Sent for Signature:
1 st 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 J
Yes
No
Yes
By_
By_
By_
No v . By
No 7 By_
Yes
N~-.
No/
Yes
Copies Distributed to:
Animal Control D EDA D Information Services D
City Administrator D Facilities D Parks & Recreation D
City Attorney [\;Y/' 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: _
Date:
Revised 12/18/03