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CITY OF
NEWPORT BEACH
City Council Staff Report
April 22, 2014
Agenda Item No. SS3.
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Leilani I. Brown, City Clerk — (949) 644 -3005, (brown @newportbeachca.gov
Leilani I. Brown, City Clerk
(949) 644 -3005
SS3. Records Retention Schedules (5:20 p.m.)
Staff seeks to update and solicit guidance from the City Council regarding certain proposed
amendments to the City of Newport Beach's ( "City ") Record Retention Schedule ( "Schedule ").
The proposed amendments are reflective of new laws, business practices and general
efficiency improvements. The revised Schedule will return to the City Council for adoption at a
future City Council meeting.
RECOMMENDATION:
Discuss and provide direction to staff regarding the proposed amendments to the Records
Retention Schedule.
FUNDING REQUIREMENTS:
No Fiscal Impact.
DISCUSSION:
In 2011, the City Council adopted an updated Records Retention Schedule which has freed
office space and improved efficiency for the City. Under our subscription, the City's consultant
in California City records, Gladwell Governmental Services, Inc., has reviewed and updated all
the schedules to bring them current with new law and operational changes since 2011.
Recently, there have been questions relative to amending the Schedule for audio recordings.
Government Code Section 54953.5(b) states, in part, that "any audio or video recording of an
open and public meeting made for whatever purpose by or at the direction of the local agency...
may be erased or destroyed 30 days after the recording." The current Schedule for Boards,
D
Commissions and Committees meetings allows for audio recordings to be destroyed 30 days
after the recording or after the meeting minutes have been approved (whichever is longer). City
Council meeting audio recordings are also required to be kept for 30 days, pursuant to City
Council Policy A -11 (Recording of City Council Meetings). However, since 2005, the City
Council meetings have been video streamed and those video recordings have been held on
permanent retention. Gladwell Governmental Services has suggested retaining City Council
audio recordings for one year if 30 days is not sufficient.
Regarding recording meetings, City Council Policy A -11 states that, "All regular meetings of the
City Council shall be tape- recorded. Open and public meetings of other legislative bodies of
the City of Newport Beach may be tape recorded upon request of the chairperson or pursuant
to any procedural rule or law adopted by the legislative body." City Council Policy A -11 also
states that, "Any tape or film record of any open or public meeting of a legislative body of the
City of Newport Beach may be erased or destroyed 30 days after the taping or recordation."
Should the City Council provide direction to amend the Schedule contrary to City Council Policy
A -11 or any City Council Policy (i.e., to keep the audio recording for more than 30 days), the
City Clerk will amend the impacted City Council Policies to reflect the adopted Schedule.
The City has at least 54 hours of City Council, Board, Commission, or Committee meetings
occur a month, which equates to about 1.7 GB of audio recordings. The 1.7 GB is deleted
monthly. To store these recording for more than 30 days the City may purchase additional
storage at an annual cost of $100 per 20 GB of storage.
At a future City Council meeting, staff intends to bring a Resolution for adoption that will adopt
the updated Schedule that will include a provision that:
1. Allows future amendments to the Schedule to be made with the approval of the City Clerk,
and City Manager.
2. Amends future City Council Policies should revisions to the Schedule warrant changes to
any City Council Policies.
The appropriate Department Directors, the City Clerk, and the City Attorney will have reviewed
and recommended approval of the Schedule when this item returns at a future City Council
meeting.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find 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.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
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EXHIBIT A
RECORDS RETENTION SCHEDULE
Not attached.
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