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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: 1. 1.l ►��lili� 0 VA 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 a � a d ° v d Z `o o c Ea c° a sm o LL vq V C O O U d U a E O O d C - E a E d c O 9 U 0 u V � a 9 `o o Q f i � a d 'o O N Z q O O N Y C 2 O z z_ d d O Q r O a O O - E a f- a C Ly ¢ o ° c a Y a `� f a m' ° a F a` 0 o Q o 0 0 V U u z 4 z u z z K VLL 1L C LL (j QI C C C C d a d C � LL 4 D u u LL 9 d N N 3 O' d O a a d � i 0 \/ �7 T2 k) §))\{){i\ } ^ ) {ƒ\!}}-mz ! §\\y{} -�°- - ;!{{!{f`tj ,{ !! {!#;:; _ ~-r>!!7 33�!!° ! \ ig E0 a O N NN d $ d N p m n' LL P v 4 m 2 G c o v � a i � a LL o v m LL d m N z d E E > E d E u d v ¢ s m v z o o E d m y m m d— i ^� v n s .-. ¢ F v m c d a _ LL 2LL= LL ! 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E Eo�a� E E Q V a d u ¢ ¢ s O 'Q E ow n N> q N E C O `°F _N V o _N N 2 Ii u o m x p u `o LEo o E P, = d E% t y LL« i E c 0 0 o q p o 0 0 2 K ¢ Jd JKI 16h y'^ A c G ¢ U a � N aI N u N N V1 N i v o w rq m m m oa N of at i ,E v g 5 ° C v ° N °a .a N v $ 2 C y b d ¢ ¢ c rc z ¢ rc O N N d V d � a m o c y � a Qo � n ao �\ oc }\ \� \ / k 205 �\ k 205 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