HomeMy WebLinkAboutOrd 2018-3422ORDINANCE NO. 3422
ORDINANCE OF THE CITY OF CHULA VISTA RESCINDING
SUBSECTION 2.25.230 (C) OF THE CHULA VISTA
MUNICIPAL CODE PERTAINING TO THE RECORD
RETENTION POLICY FOR AUDIO RECORDINGS OF
BOARDS AND COMMISSION MEETINGS
WHEREAS, the City Council adopted Ordinance No. 3111 providing for General Rules
Governing the City’s Boards and Commissions; and
WHEREAS, Subsection 2.25.230 (C) of the Municipal Code provides that audio
recordings of Board and Commission meetings shall be erased after the meetings have been
approved, or after one year, if a public hearing was involved; and
WHEREAS, Section 54953.5 (b) of the Government Code of the State of California
provides that audio recordings 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; and
WHEREAS, the City Council is revising a Records Retention Schedule that provides for
the retention of audio recordings of Board and Commission meetings for 2 years.
NOW, THEREFORE, the City Council of the City of Chula Vista, does hereby ordain as
follows:
Section I. Subsection 2.25.230 (C) pertaining to the retention of audio recordings for the
City’s board and commission meetings is hereby rescinded.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
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Ordinance No. 3422
Page No. 2
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
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Ordinance No. 3422
Page No. 3
Presented by Approved as to form by
Kerry K. Bigelow Glen R. Googins
City Clerk City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of March 2018, by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3422 had its first reading at a regular meeting held on the 13th day of March 2018
and its second reading and adoption at a regular meeting of said City Council held on the 20th
day of March 2018; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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3/23/2018