HomeMy WebLinkAbout2018-18 - Amending Certain Sections of The Records Retention Schedule And Authorizing Destruction Of Certain Records AccordinglyRESOLUTION NO. 2018-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH,
CALIFORNIA, AMENDING CERTAIN SECTIONS OF THE RECORDS
RETENTION SCHEDULE AND AUTHORIZING DESTRUCTION OF CERTAIN
RECORDS ACCORDINGLY
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, California Government Code Sections 34090 et seq. provide a procedure
whereby any City record that 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, Resolution No. 2014-35, and Resolution
No. 2016-48: 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 hereby 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 ("CPRA").
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: The records of the City of Newport Beach, as set forth in Exhibit 1, attached
hereto and incorporated herein by this reference, and the Records Retention Schedule 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 and
Exhibit 1 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.
Resolution No. 2018-18
Page 2 of 2
Section 5: All other parts of the Records Retention Schedule shall remain unchanged and
in effect.
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 recitals provided in this resolution are true and correct and are incorporated
into the substantive portion of this resolution.
Section 8: 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 9: 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 27th day of March, 2018.
ATTEST:
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APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
4t&�
Marshall "D y' Duffield
Mayor
Exhibit 1 — 2018 Records Retention Schedule Update
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STATE OF CALIFORNIA }
COUNTY OF ORANGE
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; the foregoing resolution, being Resolution
No. 2018-18 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 271" day of March, 2018; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Diane
Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem Will
O'Neill, Mayor Duffy Duffield
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed.the official seal of
said City this 2V day of March, 2018.
� rjhr&-
Lei ani I. rown
City Clerk
Newport Beach, California
Resolution No. 2018-18
RECORDS RETENTION SCHEDULE
Not attached.
Contents protected by copyright laws.
Available for viewing in the City Clerk's Office