HomeMy WebLinkAboutCC AG PKT 2010-06-14 #EAGENDA STAFF REPORT
DATE: June 14, 2010
TO: Honorable Mayor and City Council
FROM: Quinn Barrow, City Attorney
SUBJECT: REVIEW CHARTER - SECTION 702 AND RETENTION
OF VIDEO RECORDINGS (Miller)
SUMMARY OF REQUEST:
Council discuss and provide directions. Receive and file.
BACKGROUND:
On March 8, 2010, Councilman Miller requested an agenda item regarding the
retention of video recordings of council meetings and the City Charter provision
that requires the recording and maintaining of a full and true report of all the
proceedings of the City Council.
Subsection a. of Section 702 (City Clerk. Powers and Duties requires the City
Clerk to:
"a) Attend all meetings of the City Council and be responsible for the
recording and maintaining of a full and true report of all the
proceedings of the City Council in books, which shall bear
appropriate titles and be devoted to such purposes."
Traditionally, there have been two types of minutes: verbatim and action minutes.
The law requires only action minutes. Based upon an informal survey, it appears
that only one Orange County city still takes verbatim minutes. Even at that city,
the council is considering other types of minutes due to the expense and time
consumed in transcribing verbatim minutes.
On July 25, 2005 the City Council adopted Resolution No. 5367 adopting a
Records Retention Schedule and authorizing destruction of certain City records.
Attached is a copy of the resolution and the page from the retention schedule
dealing with video recordings of meeting. As shown in the Records Retention
Schedule, state law requires that video recordings of meetings be retained for 90
days. Pursuant to the Council's adopted policy, the City retains such recordings
for two years.
Agenda Item E
FINANCIAL IMPACT:
None
RECOMMENDATION:
Receive and file.
RESOLUTION NUMBER 5365
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH ADOPTING A RECORDS RETENTION
SCHEDULE AND AUTHORIZING DESTRUCTION OF
CERTAIN CITY 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 Seal Beach; and
WHEREAS, Section 34090 of the Government Code of the State of California provides
a procedure whereby any City record which has served its purpose and is no longer
required may be destroyed; and
WHEREAS, the State of California has adopted guidelines for retention period for
various government records;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES RESOLVE AS FOLLOWS:
Section 1 . The records of the City of Seal Beach, as set forth in the Records
Retention Schedule Exhibit A, attached hereto and incorporated herein by
this reference, are hereby authorized to be destroyed as provided by
Section 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 Head and with the consent in writing of the City Clerk,
without further action by the City Council of the City of Seal Beach.
Section 2. With the consent of the City Clerk, City Manager, and City Attorney,
updates are hereby authorized to be made to the Records Retention
Schedules without further action by the City Council of the City of Seal
Beach.
Section 3 . The term "records" as used herein shall include documents, instructions,
books, microforms, electronic files, magnetic tape, optical media, or
papers; as defined by the California Public Records Act.
Section 4 . The City Clerk shall certify to the passage and adoption of this resolution
and enter it into the book of original resolutions.
Section 5 . This resolution shall become effective immediately upon its passage and
adoption.
PASSED, APPROVED AND ADDOPTED by the City Council of the City of Seal
Beach this 25th day of July 2005 by the following vote:
AYES: Council Members Antos, Larson, Levitt, Ybaben, Yost
NOES: Council Members None
ABSENT: Council Members None
Charles Antos
Mayor
ATTEST:
City Clerk
Resolution Number 5365
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that
the foregoing Resolution is the original copy of Resolution Number 5365 on file in the
office of the City Clerk, passed, approved, and adopted by the City Council of the City of
Seal Beach at a meeting thereof held on the 25th day of July , 2005.
Linda Devine
City Clerk
Seal Beach Charter
SECTION 702. City Clerk. Powers and Duties. The City Clerk shall have the
power and be required to:
a) Attend all meetings of the City Council and be responsible for the
recording and maintaining of a full and true report of all the
proceedings of the City Council in books, which shall bear
appropriate titles and be devoted to such purposes.
b) Maintain separate books in which shall be recorded respectively all
ordinances and resolutions, with a certificate of the clerk annexed
to each thereof stating the same to be the original or a corrected
copy, and as to any ordinance requiring publication, stating that the
same has been published or posted in accordance with this charter;
to keep all books properly indexed and open to public inspection
when not in actual use.
c) Maintain separate books in which a record shall be made of all
written contracts and fidelity and performance bonds.
d) Be the custodian of the Seal of the City.
e) Administer oaths or affirmations, take affidavits, and depositions
pertaining to the affairs and business of the City, and certify copies
of official records.
f) Be ex- officio assessor, unless the City Council has availed itself or
does in the future avail itself of the provisions of the general laws of
the State relative to any assessment of property and the collection
of City taxes, of any, by county officers, or the City Council by
ordinance provides otherwise.
g) Be responsible for the conduct of all City elections.
h) Deputize other persons to assist in carrying out the duties of the
City Clerk.
Ver. 5.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC -10
Office of
Classification
Record
OR
File Number
Records Description
Retention / Disposition
Image: Destroy
Comments / Reference
(OFR)
Active Inactive / Total. Vital? Media [=Import Paper after
(in office) CD or Mfr Retention Options M =Mfr Imaged &
S =Scan OC'dT
If the record is not listed here, refer to the Retention for City-Wide Standards
Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
Litigation, claims, complaints, audits, pending records requests and /or investigations
suspend normal retention perio ds retention resumes after settlement .
Petitions (submitted to Council
Not related to elections; Law
City Clerk
CC -51
on any subject. Also see
Elections for Initiative, Recall or
1 year
: 1 year : •
Ppr
requires 1 year for petitions; GC
Referendum)
'2 years, ;
§50115
City Clerk
CC -52
Proclamations
2 years
Mag, Ppr
GC §34090
Statute of Limitations for
mailings for annexations,
Mag, Mfr,
special districts, bonds is 60
City Clerk
CC -53
Public Hearing Notices
2 years
, 2:years
OD, Ppr
days; Municipal Government
actions is 3 - 6 months; CCP
§ §337 et seq, 349.4; GC
!..P.::"
§34090
City Clerk
CC -54
Records Destruction Lists /
Certificates of Records
10 years
P
Mag, Mfr,
S
Yes: After
Department Preference; GC
Destruction
• •
p
OD, P r
P
Inactive
§34090 et. seq.
City Clerk
CC -55
Records Retention Schedules
10 years
P
Mag, Mfr,
S
Yes: After
GC §34090 et. seq.
OD, Ppr
Inactive
Yes:
City Clerk
CC -56
Redevelopment Plan
10 years
P
: ; p :.
Before
Purchase
Mag, Mfr,
OD, Ppr
S
No
GC §34090
."P :: ' ; '
or Sale
City Clerk
CC -57
Resolutions (City Council &
P
Yes (all)
Mag, Mfr,
S
No
GC §34090 et. seq.
Redevelopment Agency)
OD, Ppr
Department preference; Video
City Clerk
CC -58
Video Recordings of Meetings
2 years
2 ; yearg'
Tape
tapes of meetings are only
(City Council, etc.)
.
(Mag)
required for 90 days; GC
§34090.7
CITY OF SEAL BEACH, CA. 02005 Gladwell Governmental Services, Inc. - all rights reserved
Do not duplicate or distribute without prior written permission from GGS (909) 337 -3516 Adopted: 07/25/2005