HomeMy WebLinkAboutR-11588 authorizing the City Clerk & City Attorney to amend the Records Retention Policy & ScheduleRESOLUTION NO. 11588 (2025 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE CITY CLERK AND CITY
ATTORNEY TO AMEND THE RECORDS RETENTION POLICY AND
SCHEDULE TO REFLECT NON-RETENTION OF CERTAIN INCIDENTAL
VIDEO FOOTAGE AND IMAGES NOT RETRIEVED FOR CITY
BUSINESS USE BY CITY STAFF (NOT RELATED TO FOOTAGE OF
POLICE IN-VEHICLE CAMERAS, BODY-WORN CAMERAS, OR
ROUTINE VIDEO MONITORING)
WHEREAS, the City’s Records Retention Policy and Schedule (“Records
Retention Policy”) does not completely address the nature and retention periods of all
unretrieved and unused video monitoring or surveillance video or other imaging currently
generated or captured by the City; and
WHEREAS, there is a need for clarification in the Records Retention Policy in
contemplation of the extensive and expanding use of “pod” investigative and surveillance
cameras, aerial drones, license plate recognition (“LPR”) technology, and other types of
technology that produce incidental video and imagery that is not needed for City business
use by City staff; and
WHEREAS, the City recognizes that there are significant benefits in terms of
transparency, accountability and accuracy from video recording or monitoring, and
benefits to security from surveillance video, but these benefits must be measured against
the high costs of retaining the captured incidental and unuseful imagery for a lengthy
period of time; and
WHEREAS, the City is a charter city with constitutional authority to make all laws
relating to municipal affairs within its jurisdiction; and
WHEREAS, state law does not specify that all video and imagery generated by a
public agency, regardless of public utility, becomes a record requiring retention at the
moment of its creation; and
WHEREAS, it is extremely expensive to retain all incidental video for a lengthy
period of time or to have dedicated staff review all video and images captured; and
WHEREAS, City staff are equipped and able to determine whether a video
recording or LPR image should be reviewed for possible retention well within 30 days of
its creation; and
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WHEREAS, the Record Retention Policy, as most recently revised on April 14,
2025, requires retention of records of routine video as statutorily defined (one year), in-
vehicle (one year) and body-worn camera footage (90 days to two years, depending on
the type), audio and video recordings of City Council and Planning Commission meetings
(ten years), parking structure video monitoring (one year), and drone/pod/event
surveillance footage preserved by staff (two years), in accordance with respective state
law and adopted City policy; and
WHEREAS, it is in the City’s best interest to amend its Record Retention Policy to
clarify that incidental video or imagery captured by City-operated cameras need not be
retained from the moment it is generated and to the extent footage is not necessary to
the performance of a public duty.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the above is true and that:
SECTION 1. Findings.
1. The above-stated Recitals are adopted and incorporated herein as findings of
the City Council.
2. The Records Retention Policy appropriately ensures retention of video records
and other images that are required by state law to be retained for prescribed
amounts of time.
3. Video and still images captured by 1) investigative/mobile “pod” cameras, 2)
fixed-location “pod” cameras, 3) aerial drones, and 4) License Plate
Recognition technology do not record the regular and ongoing operations of
the City, nor are they designed to create a public record of the fact that nothing
of interest occurred. Unless and until City staff become aware of an event,
crime, violation, or incident possibly recorded by the aforementioned and
similar technology, there is nothing in the footage or captured imagery
necessary or convenient to the discharge of any public officer’s duties and no
reason to retain it as a “record.”
SECTION 2. Action.
1. As to the video and images described in the Finding #3 above (and similar
video/images), such video and images shall not become a City record unless
and until such time as the City becomes aware that the video or image depicts
an event, violation, crime or information and takes action to retrieve the video
or image. In such a case, the video or image shall become a “record” and be
retained in accordance with the applicable retention period as adopted in the
City’s Record Retention Schedule.
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2. The City Clerk and the City Attorney are authorized to exclude from the City’s
Record Retention Policy and Schedule such incidental video and images
captured by City-operated technology.
Upon motion of Vice Mayor Shoresman, seconded by Council Member Marx, and
on the following roll call vote:
AYES: Council Member Boswell, Francis, Marx, Vice Mayor Shoresman,
and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15th day of July 2025.
____________________________________
Mayor Erica A. Stewart
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on _________________________.
______________________________
Teresa Purrington
City Clerk
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7/17/2025 | 2:45 PM PDT