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HomeMy WebLinkAbout05 - Amendments to the Records Retention Schedule and City Council Policy A-11 (Recording of Open Meetings) - Amended RESOLUTION NO. 2016-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING CERTAIN SECTIONS OF THE RECORDS RETENTION SCHEDULE, AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS, 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;. WHEREAS, the City Council authorizes certain portions of the Records Retention Schedule to be amended as set forth in Exhibit 1; and WHEREAS, all previously adopted and unchanged sections of the Records Retention Schedule shall remain in effect as adopted by Resolution No. 2014-35. 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 amended portions of the Records Retention Schedule is hereby amended, in part, 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. April 12, 2015 Item No. 5 Resolution No. 2016-48 Page 2 of 2 Section 3. All other parts of the Records Retention Schedule, as adopted by Resolution No. 2014-35, shall remain unchanged and in effect. Section 34. 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 45. 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 56. The recitals provided above are true and correct and incorporated into the operative part of this resolution. Section 67. 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 78. 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 B. Dixon Mayor ATTEST: ________________________________ Leilani I. Brown City Clerk Exhibits: (1) Amended Sections to the Records Retention Schedule (2) Revised City Council Policy A-11