HomeMy WebLinkAbout03 - Records Retention ScheduleCITY OF
NEWPORT BEACH
City Council Staff Report
May 13, 2014
Agenda Item No. 3.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Leilani I. Brown, City Clerk — (949) 644 -3005, (brown @newportbeachca.gov
PREPARED BY: Leilani I. Brown, City Clerk
PHONE: (949) 644 -3005
TITLE: Adoption of Records Retention Schedule, Authorization for Destruction of Certain
City Records, and Amendment to City Council Policy A -11
ABSTRACT:
At its Study Session on April 22, 2014, the City Council received a presentation and provided
feedback regarding the Records Retention Schedule ( "Schedule "). The attached resolution and
Schedule incorporate the City Council's comments. The proposed amendments to the
Schedule are reflective of new laws, business practices, and general efficiency improvements.
RECOMMENDATION:
Adopt Resolution 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.
FUNDING REQUIREMENTS:
No Fiscal Impact.
DISCUSSION:
In 2011, the City Council adopted an updated Records Retention Schedule, which has protected
transparency while freeing office space and bringing improved efficiency for the City of Newport
Beach ( "City "). Under our subscription, the City's consultant in California city records, Gladwell
Governmental Services, Inc., has reviewed and updated the Schedule to bring it current with
new laws and operational changes since 2011. The Schedule is attached to Resolution No.
2014 -35 (Attachment A) as Exhibit 1.
At the April 22, 2014 City Council Study Session, the City Council discussed the proposed
Schedule. The following is a list of amendments directed by the City Council that are reflected
in the Resolution:
1 - Amend the retention for audio recordings (if a recording is made) from 30 -days to 1 -year.
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Due to the change to the retention for audio recordings, amend City Council Policy A -11
(Exhibit 2).
2 - Relative to allowing the City Clerk, City Manager, and City Attorney to collectively amend or
add to the Schedule, this is only allowed if the amendment or addition does not reduce the
retention or eliminate any portion of the Schedule. Should any changes be made to the
Schedule by the City Clerk, City Manager, and City Attorney, the City Clerk will bring those
amendments before the City Council as an informational item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find 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.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Resolution No. 2014 -35
Exhibit 1 - Records Retention Schedules
Exhibit 2 - Council Policy A -11
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EXHIBIT A
RECORDS RETENTION SCHEDULE
Not attached.
Contents protected by copyright laws.
Available for viewing in the City Clerk's Office
EXHIBIT 2
/iii 1
RECORDING OF QP,� GQUWGVb 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"lether legislative ba6iies of 4w City ef Newpert PpFic4q may be tape
recorded upon request of the chairperson or pursuant to any procedural rule or
by law adopted by the BCC.ktisla
defined as specified in § 54952 of the Govem-m-P-4# G-Rde
B. Any person attending an open and public meeting of theany 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 BCCle sl&t � 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 hairperson of
any BCC1egis'_ #mac ' a; 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 Californian Public Records Act (Sections§ 6250 et Seg, 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 BCCIegis adv bed of � c rr .. + u ,t, may be
erased or destroyed +'-lone -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 9,1951
Amended - January 24,1994
Amended - February 27,1995
Amended - May 13, 2014
Formerly A -6
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