The URL can be used to link to this page

Home My WebLink About2025-25 - Amending Certain Sections of the Records Retention Schedule and Authorizing Destruction of Certain RecordsRESOLUTION NO. 2025-25 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 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, on August 12, 2003, the City Council adopted Resolution No. 2003- 39, approving the initial records retention schedule ("First Records Retention Schedule"); WHEREAS, on December 12, 2006, the City Council adopted Resolution No. 2006-104, amending the First Records Retention Schedule; WHEREAS, on February 8, 2011, the City Council adopted Resolution No. 2011- 18, adopting a new records retention schedule and rescinding Resolutions Nos. 2003-39 and 2006-104 ("Second Records Retention Schedule"); WHEREAS, on May 13, 2014, the City Council adopted Resolution No. 2014-35, adopting a new records retention schedule and rescinding Resolution No. 2011-18 ("Third Records Retention Schedule"); WHEREAS, the City Council has adopted Resolution Nos. 2016-48, 2018-18, 2019-24, 2021-75, 2023-17, and 2024-49 amending the Third Records Retention Schedule ("Records Retention Schedule"); 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 resolves as follows: Resolution No. 2025-25 Page 2 of 3 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 7920.545. Section 2: The Records Retention Schedule is hereby amended, in part, as set forth in Exhibit A, with said amendments incorporated into the Records Retention Schedule as set forth in Exhibit B, both of which are attached hereto and incorporated herein by this reference. Section 3: All other parts of the Records Retention Schedule that are not modified by the adoption of this resolution, shall remain unchanged and in effect. Section 4: The records of the City of Newport Beach, as set forth in the Records Retention Schedule, as amended, are hereby authorized to be destroyed in accordance with California Government Code Section 34090 et. seq. and the applicable timeline set forth in the Records Retention Schedule, as amended, 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 5: The following amendments are hereby authorized to be made with the consent of the City Clerk, City Manager, and City Attorney, to the Records Retention Schedule, as amended, 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 Records Retention Schedule, as amended. Although these items do not require City Council approval, a summary of all changes shall be made available to the City Council for review. Section 6: The City Council finds the adoption of this resolution 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, Division 6, 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 operative part of this resolution. Resolution No. 2025-25 Page 3 of 3 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 27t" day of May, 2025. 0A k Jo Stapleton M yor ATTEST: ®"E,W LeiTani I. Brown U _ City Clerk" 1Foa APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Attachment(s): Exhibit A — Records Retention Schedule Update — Individual Proposed Changes Exhibit B — Records Retention Schedule Exhibit A Records Retention Schedule Update — Individual Proposed Changes Available separately due to bulk at: https://www.newportbeachca.gov/home/showpublisheddocument/76679/63883333 5614130000 Exhibit B Records Retention Schedule Available separately due to bulk at: https://www.newportbeachca.gov/home/showpublisheddocument/76675/63883327 3173086323 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. 2025-25 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 27th day of May, 2025; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Joe Stapleton, Mayor Pro Tern Lauren Kleiman, Councilmember Michelle Barto, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Sara J. Weber, Councilmember Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of May, 2025. 465�ac'�' �� Leilani I. Brown City Clerk Newport Beach, California