HomeMy WebLinkAbout2016-48 - 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)