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HomeMy WebLinkAbout2019-24 - Amending Certain Sections of the Records Retention Schedule and Authorizing Destruction of Certain Records AccordinglyRESOLUTION NO. 2019-24 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 Section 34090 et seq. provides 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 ("Initial Records Retention Schedule"); WHEREAS, the City Council revised the Initial Records Retention Schedule through the adoption of Resolution Nos. 2006-104 and 2011-18; WHEREAS, in 2014, the City Council adopted a new records retention schedule via Resolution No. 2014-35 ("Records Retention Schedule") and rescinded all prior resolutions; WHEREAS, the Record Retention Schedule as provided in Resolution No. 2014- 35 was amended by Resolution Nos. 2016-48 and 2018-18; and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 any written or electronic documents, instructions, books, microforms, electronic files, magnetic tape, optical media, papers, or other items as defined by the California Public Records Act ("CPRA") under California Government Code Section 6252(e). Resolution No. 2019-24 Page 2of3 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 the Records Retention Schedule, Exhibit 1, and as amended by Resolution Nos. 2016-48 and 2018- 18 ("Amended Records Retention Schedule"), are hereby authorized to be destroyed in accordance with California Government Code Section 34090 et. seq. and the applicable timeline set forth in the Amended Records Retention 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, the following amendments are hereby authorized to be made to the Amended Records Retention Schedule without further action by the City Council: (1) minor clarifications or improvements of records descriptions, (2) changes of Office of Record/re-naming of departments or divisions, and (3) new records series being added; as long as those additions or amendments do not reduce the retention timeline or eliminate any portion of the Amended Records Retention Schedule. Although these items do not require City Council approval, a copy of all changes shall be made available to the City Council for review. Section 5: All other parts of the Record Retention Schedule, as amended by Resolution Nos. 2016-48 and 2018-18, that are not modified by the adoption of this resolution, 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. Resolution No. 2019-24 Page 3 of 3 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 26th day of March, 2019. ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY A TORNEY'S OFFICE //-n ij Aaront. Harp City Attorney Attachment: Exhibit 1 — 2019 Records Retention Schedule Update — Individual Proposed Changes 0 a Z' � v v 'o N cv w y a Z v y � O z � c a � � � a � U O E m v v y c c � K p � � c a v W a ,0 0 \ v v v � x Cv v L ` Z 3 v � m K � E � o O G C � u \ O ` v y � v � _ v c � o � a o _ y v O o O c 4 u = M L N 00 d O > C 5 > � � o c a o � w ? 0 / \ } \ \ ® 0 § 10 E 10 — : ) ) cc k CL / �\ , ) © 7 7c:L - - (/o - /k ` f) } )\//tfj�\ \)� 0\uA ƒ §oe§ot2oe§ f ! ! ! ? f « « A 17 \ 0 O O U Ld p a v � w -0- u m E Y y y v m 01 v Z p n v c E . z f0 0 w c � a E V LL � Z E m c O O W o � o o o u+ w E C o v ao 0 C _ V a O O U Ld p a -0- u m E Y u _ U Q O a C 0 a 01 c Q v m p v c E . LL � 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; the foregoing resolution, being Resolution No. 2019-24 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 26'h day of March, 2019; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem Will O'Neill, Mayor Diane Dixon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 271h day of March, 2019. 01, Leilani I. Brown City Clerk Newport Beach, California