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Home My WebLink About2014-35 - Adopting a Records Retention Schedule, Authorizing Destruction of Certain City Records, Amending City Council Policy A-11, and Recinding Resolution 2011-18RESOLUTION NO. 2014 -35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A RECORDS RETENTION SCHEDULE, AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS, AMENDING CITY COUNCIL POLICY A -11, AND RESCINDING RESOLUTION NO. 2011 -18. WHEREAS, the maintenance of numerous records is expensive, slows document retrieval, and is not necessary after a certain period of time for the effective and efficient operation of the government of the City of Newport Beach ( "City "); WHEREAS, Sections 34090 et seq. of the Government Code of the State of California provide a procedure whereby any City record which has served its purpose and is no longer required may be destroyed; WHEREAS, the State of California has adopted guidelines for retention periods for various government records; WHEREAS, the City Council of the City of Newport Beach adopted Resolution No. 2003 -39, adopting the initial Records Retention Schedule in 2003; WHEREAS, the City Council of the City of Newport Beach adopted Resolution No. 2006 -104, adopting a revised Records Retention Schedule in 2006, and adopted Resolution No. 2011 -18, adopting a revised Records Retention Schedule in 2011; WHEREAS, the City is continuing to improve its records management program, including updating the City's Records Retention Schedule to incorporate new laws and business practices; and WHEREAS, the adoption of the Records Retention Schedule will result in efficiency gains and cost savings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES RESOLVE AS FOLLOWS: Section 1. The term "records" as used herein shall include documents, instructions, books, microforms, electronic files, magnetic tape, optical media, papers, or other items, as defined by the California Public Records Act. Section 2. Resolution No. 2011 -18 is hereby rescinded and replaced by Resolution No. 2014 -35. Section 3. The records of the City of Newport Beach, as set forth in Exhibit 1, attached hereto and incorporated herein by this reference, are hereby authorized to be destroyed as provided by Sections 34090 et seq. of the Government Code of the State of California and in accordance with the provision of said schedule upon the request of the Department Directors and with the written consent of the City Attorney, without further action by the City Council of the City of Newport Beach. Section 4. With the consent of the City Clerk, City Manager, and City Attorney, amendments are hereby authorized to be made to the Records Retention Schedule without further action by the City Council for the following items, as long those additions or amendments do not reduce the retention timeline or eliminate any portion of the Records Retention Schedule: Minor clarifications or improvements of records descriptions; changes of Office of Record /re- naming of departments or divisions; new records series being added. Although these items do not require City Council approval, a copy of all changes shall be made available to the City Council for review. Section 5. Since amendments to the Records Retention Schedule, as approved by the City Council pursuant to this resolution, cause City Council Policy A -11 to be inconsistent, the City Council hereby adopts an amended version of City Council Policy A -11, as set forth in Exhibit 2, attached hereto and incorporated herein by reference. Section 6. The City Council finds this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Section 8. This resolution shall become effective immediately upon its passage and adoption. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted at a Regular Meeting of the City Council of the City of Newport Beach on this 13th day of May, 2014. Leilani L Brown City Clerk Rush N. Hill, 11 ^� Mayor Resolution 2014-35 EXHIBIT 1 RECORDS RETENTION SCHEDULE Not attached. Contents protected by copyright laws. Available for viewing in the City Clerk's Office EXHIBIT 2 A -11 RECORDING OF OPEN MEETINGS A. All regular meetings of the City Council shall be tape- recorded. Open and public meetings of City Boards, Commissions and Committees (collectively, 'BCC') may be tape recorded upon request of the chairperson or pursuant to any procedural rule or by -law adopted by the BCC. B. Any person attending an open and public meeting of the City Council or any BCC shall have the right to record the proceedings with an audio or video tape recorder or a still or motion picture camera unless the City Council or BCC determines, based upon evidence in findings made by the Mayor or chairperson, that continued recording would create noise, illumination, or view obstruction problems that are disrupting or would disrupt the proceedings. The Mayor or chairperson of any BCC may impose conditions on any recordation, which, in the absence of the conditions, would disrupt the proceedings. C. Any tape or film record of any open and public meeting made by or at the direction of the City of Newport Beach shall be subject to.inspection pursuant to the California Public Records Act (Sections 6250 et seq. of the Government Code). Notwithstanding the provisions of Section 34090 of the Government Code, any tape or film record of any open or public meeting of the City Council or any BCC may be erased or destroyed one -year after the taping or recordation. Any person may inspect a video or a tape recording without charge on a recorder made available by the City of Newport Beach. Adopted - November 13,1967 Amended - June 13,1977 Amended - October 25,1977 Amended - February 9,1981 Amended - January 24,1994 Amended - February 27,1995 Amended - May 13, 2014 Formerly A -6 1 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2014 -35 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 19th day of May, 2014, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Selich, Curry, Henn, Mayor Hill Nays: Daigle IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of May, 2014. aw , ha_ City Clerk Newport Beach, California (Seal)