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Home My WebLink About2016-48 - Amending Certain Sections of the Records Retention Schedule and Amending City Council Policy A-11RESOLUTION NO. 2016-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING CERTAIN SECTIONS OF THE RECORDS RETENTION SCHEDULE AND AMENDING CITY COUNCIL POLICY A-11 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 adopted Resolution No. 2003-39, adopting the initial Records Retention Schedule in 2003; WHEREAS, the City Council revised the Records Retention Schedule through the adoption of Resolution No. 2006-104, Resolution No. 2011-18, and Resolution No. 2014-35; and 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. 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. The Records Retention Schedule is hereby amended, in part, as set forth in Exhibit 1, attached hereto and incorporated herein by this reference. Section 3. All other parts of the Records Retention Schedule, as adopted by Resolution No. 2014-35, shall remain unchanged and in effect. Section 4. Since amendments to the Records Retention Schedule, as approved by the City Council pursuant to this resolution, cause City Council Policy A-11(Recording of Open Meetings) 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 5. The City Council finds this action is Environmental Quality Act ("CEQA") pursuant to Sections result in a direct or reasonably foreseeable indirect physical 15060(c)(3) (the activity is not a project as defined in Section California Code of Regulations, Title 14, Chapter 3, because physical change to the environment, directly or indirectly. Resolution No. 2016-48 Page 2 of 2 not subject to the California 15060(c)(2) (the activity will not change in the environment) and 15378) of the CEQA Guidelines, it has no potential for resulting in Section 6. The recitals provided above are true and correct and incorporated into the operative part of this resolution. Section 7. If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 8. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12th day of April, 2016. Diane . Dixon Mayor ATTEST: Exhibits: (1) Amended Sections to the Records Retention Schedule (2) Revised City Council Policy A-11 Exhibit 7 2016 Records Retention Schedule Undate - Pronosed Substantive Chanpes Current Specific Request /Comments /Reference / Action Requested Department/Division Current OFR Classification Records Description Information/Reasoning /Clarification Needed No. A=Amend (City Wide can be D = Delete A D AN included AN = Add New Audio Recordings of Getme! meetings, and all Boards and Commission X COO CCO CC -007 and Committees Except Retention requirements remain the same Planning Commission and City Council 1 2 X FIRE FR FR 047 Training Database Fire never had and/or maintained such database X Library Services Lead Dept 6592-7 =_._Request _ No longer part of Library Services business process 3 X Library Services Lead Dept LS 032 Wed(sehedules No longer part of Library Services business process 4 Active Retention 2 39years; Inactive Retention 5 29- MOD -003; MOD Daily Division Work years; Total Retention 739 years; X MOD MOD Comments/References Department Preference - some 024 Diaries ("Red Books") _ -_.____ (d)(1) et seEl., GGP §§337 _-__El., GC §34090 5 X MOD MOD MOD FBG nr..vRPAP-NA, No longer part of Municipal Operations business process 6 __ _ X PD PD RD 03i Beek up Tapes Daily alk f le5 en PietweFlE,No longer part of Police Department business process 7 +Au� X RS RS RS -030 No longer part of Recreation Services business process 8 I Exhibit 2 A-11 RECORDING OF OPEN MEETINGS A. All regular meetings of the City Council shall be recorded. Open and public meetings of City Boards, Commissions and Committees (collectively, "BCC') may be audio 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 audio tape or video 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 audio or video recording of any open or public meeting of any BCC may be erased or destroyed one-year after the taping or recordation, excluding Planning Commission as those are kept permanent. If a City Council meeting has simultaneously recorded audio and video, the audio recording may be destroyed after the City Council meeting minutes for that meeting have been approved by the City Council and the video recording has been uploaded to the document imaging system. Any person may inspect a video or audio 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 Amended - April 12, 2016 Formerly A-6 1 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. 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. 2016-48 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 12th day of April, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of April, 2016. Leilani 1. Brown, MMC City Clerk Newport Beach, California (Seal)