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CC RESOLUTION 3191II f- RESOLUTION NO. 3191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS IN THE OFFICE OF THE POLICE DEPARTMENT. WHEREAS, there is presented to this Council the fol- lowing letter: Honorable Mayor and City Council City of El Segundo California Dear Mayor and Members of the City Council; In accordance with the provisions of Section 34090 of the Govern- ment Code of the State of California, I intend to destroy the following records; (A) Juvenile detention reports involving 1. truancy, 2. curfew, 3. city code violations, 4. cases turned over to another agency, 5. cases determined to be unfounded, and 6, cases where subject was released under 849 (B) 1 or 2 of the Penal Code may be destroyed when the individual who is the subject of the report reaches the age of 25. (B) Juvenile detention reports involving 1. reports for offenses not listed in Paragraph (A) or in Paragraph (C) of this Section; or misdemeanor offenses, and 2. reports for all narcotic offenses may be destroyed when the.ndividual who is the subject of the report reaches the age of 35. (C) Juvenile detention reports which resulted in the filing of a petition for the fol, lowing offenses; 1. murder, 2. rape, 3, arson, 4, robbery, 5. burglary, or grand theft may be destroyed when the individual who is the subject of the report reaches the ache of 60. (D) If notification is received that the individual who is the subject of a juvenile detention report is deceased, that report may be destroyed two years after notification of death is received. The foregoing records are no longer required for the operation of the Police Department, are not records affecting the title of real property or liens thereon, are not court records, are not required to be kept by statute, are not less than two Y ears old, and are not minutes, ordinances or resolutions of the legislative body or of a city board or commission. Respectfully submitted, es Chief Johnson Chief of Police In accordance with the provisions of Section 34090 of the Govern- • ment Code of the State of California, the City Attorney hereby gives his written consent to PLefland destruction of the foregoing records. 0 C. ley Acting City Attor ey; and WHEREAS, the City Council finds that the records hereinabove referred to are of no further value to the City of El Segundo, and that they occupy badly needed storage space; and WHEREAS, the City Attorney has, in accordance with the provisions of Section 34090 of the Government Code of the State of California, consented to the destruction of said records and documents; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the Chief of Police is hereby authorized and granted authority to dispose of the hereinabove described and set forth records by causing the same to be destroyed in a lawful manner. SECTION 2. No records may be destroyed under this resolution if the juvenile, or his or her parent(s) or guardian(s) have filed a civil action against the city, its officers or em- ployees, where the civil action relates in any manner to the .,2_ subject of the report which may be destroyed, until such civil action has been finally resolved. .,2_ SECTION 3. Upon destruction of the foregoing records, • the Chief of Police shall make a certificate of complete destruction of said records and file the original of the same in the office of the City Clerk and file a copy of said certi- ficate together with a certified copy of this resolution in his office. i SECTION 4. This resolution shall supercede all previous resolutions adopted by the City Council of the City of E1 Segundo with respect to the destruction of juvenile records. SECTION 5. The City Clerk. shall certify to the adoption of this resolution and henceforth and thereafter, the same shall be in full force and effect. PASSED! APPROVED and ADOPTED this 15th day of February 1983. ATTEST• (SEAL) ■ City Clerk Mayor of the City of E1 Segundo, California -3- STATE OF CALIFORNIA ) COUNTY OF LOS ANGE LES ) CITY OF EL SEGUNDO ) SS I, VALERIE A. BURROWES City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 3191 was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 15th day of February 19 83 and that the same was so passed and adopted by the following vote: AYES: Councilmembers Airmstrong, Johnson, Siddek, Synad4 os and Mayor Bue NOES: Councilmembers None ABSENT: Councilmembers None WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY this 25th day of r Fenruary 19 83 City Clerk of the City of E1 Segundo, California (SEA L) By Deputy f? o 1 J / 34IZG -4 C E R T I F I C A T I O N STATE OF CALIFORNIA ) SS COUNTY OF LOS ANGELES ) The undersigned J. Clark Devilbiss, Chief of Police of the City of El Segundo, California, pursuant to the terms and provisions of Section 34090 of the Government Code of the State of California, certifies to the destruction of the records set forth and described in the letter of December 16, 1982 which is incorporated in Resolution 3191 of the City of El Segundo. Dated this 9 day of (/ 19