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Item 6 Staff Report Adopt Policy Providing Video Access and Retention for Videotapes of Town Council Meetings and Other Public Meetingsf MEETING DATE: 1/21/03 ITEM NO. ^ COUNCIL AGENDA REPORT DATE: JANUARY 21, 2003 TO: MAYOR AND TOWN COUNCIL FROM: MARIAN V. COSGROVE, TOWN CLERK SUBJECT: ADOPT POLICY PROVIDING VIDEO ACCESS AND RETENTION FOR VIDEOTAPES OF TOWN COUNCIL MEETINGS AND OTHER PUBLIC MEETINGS RECOMMENDATION: Adopt a policy authorizing the Library to retain video recordings of Town Council meetings, and other public meetings when taped, for a period of ninety (90) days for the purpose of public access. BACKGROUND: Section 34090.7 of the California Government Code states that videotapes and films shall be considered duplicate records if a city or county keeps another record, such as written minutes or an audio recording of the same event. The video recording medium cannot be destroyed or erased for ninety (90) days after the event. The Town of Los Gatos retains written minutes as its permanent and official record of Town Council and Commission meeting actions. DISCUSSION: In early 2003, it is anticipated that the Town will contract with a video production service provider to videotape and televise Town Council meetings. Because the Town Clerk's Office maintains the official record by means of the approved minutes, videotapes of Council meetings or other public meetings are considered temporary and duplicate records. However, as noted earlier, the California Government Code requires that video recordings medium must be kept for a minimum of ninety (90) days after the event. Therefore, in the interest of public access, it is recommended that video copies of public Town meetings will be made available for check-out at the Town Library. After ninety (90) days, the videotapes would be pulled from the PREPARED BY: BOBBI FRIES, DEPUTY TOWN CLERK ,�// N:\MGRVHaruyama\StaffReportsWideo Council Report.wpd Reviewed by: eS.SNssistant Town Manager ' Attorney Finance Revised: 1/13/03 1:49 pm Reformatted: 7/14/99 PAGE 2 SUBJECT: ADOPT POLICY PROVIDING VIDEO ACCESS AND RETENTION FOR VIDEOTAPES OF TOWN COUNCIL MEETINGS OTHER PUBLIC MEETINGS January 21, 2003 shelves and returned to the Town's video production service provider for reuse, recycling, or disposal. Upon request, the Town's video production service provider will provide copies of the public meetings for a fee to be determined by the provider, as the Town does not have the equipment or staff to provide this service. To assess how other municipalities managed videotape records, the Town Clerk's Office conducted an informal survey involving 35 California cities. Although the survey responses were varied and not conclusive, the responses did provide some insight regarding videotape retention. Below is an overview of the survey results. Videotape Retention Responsibility 57 percent of municipalities managed the retention of videotapes 29 percent did not respond to the survey 14 percent of cable companies or video production service providers managed the retention of videotapes Provision of Videotape Copies . • 37 percent of municipalities provided copies of videotapes 31 percent of cable companies or video production service providers provided copies of videotapes 20 percent did not respond to the survey 9 percent provided copies of videotapes by outsourcing 3 percent did not provide copies Videotape Duplication Costs Videotape duplication costs varied and ranged between $2.50 to $30. Retention Period 22 percent retained the videotapes for 1-2 years 20 percent retained the videotapes permanently 17 percent retained the videotapes for 6 months 17 percent did not respond to the survey 11 percent retained the videotapes for 30-90 days 11 percent retained the videotapes for 3-5 years r PAGE 3 SUBJECT: ADOPT POLICY PROVIDING VIDEO ACCESS AND RETENTION FOR VIDEOTAPES OF TOWN COUNCIL MEETINGS OTHER PUBLIC MEETINGS January 21, 2003 CONCLUSION: The Town of Los Gatos maintains the official records of the Town Council and other public meetings in the form of approved minutes. Therefore, video recorded media is considered to be duplicative material and is required by California Government Code to be retained for a minimum of ninety (90) days. The Library is a logical resource for the public to access the videos. FISCAL IMPACT: Minimal Fiscal Impact. Library staff time would be required to prepare the videos for checkout, shelve them, and pull them at the end of their life cycle. Attachments: Attachment A: Council Policy - Access and Retention of Video -Recorded Public Meetings COUNCIL POLICY TOWN OF LOS GATOS Subject: Page: Access and Retention of Video Recorded Media of Council Meetings: Approved: PURPOSE Section Number Effective Date: Revised Date: To establish the process by which the public and staff may obtain video recorded media and maintained copies of Council, Board, Commission, and/or any other public meetings, and to set the retention policy with regard to videotapes or electronically stored video copies retained by the Town. SCOPE This policy applies to video tapes, DVDs or any other means of electronic video recordings made in the process of televising or videotaping Council, Board, Commission, and/or any other public meetings. POLICY California Government Code Section 34090.7 allows for the destruction or erasing of recordings resulting from "routine video monitoring" so long as another record such as an audio tape or written minutes are maintained. The Town currently maintains both written minutes and audio recordings of its Town Council and Planning Commission meetings. Therefore, ninety (90) days after the date of the video recorded meeting, all video recorded media will be returned to the Town's cablecast service provider for reuse, recycling, or disposal. Any electronically stored video recordings are to be deleted. During the ninety (90) day retention period, the custodian of the video recorded media is the Library. The video recorded media, maintained as a public access copy, will be available for viewing and/or checkout, which ever the Library deems appropriate. PROCEDURES The Town's cablecast service provider will furnish the Town with at least one (1) copy each videotaped meeting. The Library will make the video recordings available for a period of 90 days, after which time they shall be returned to the video production service provider for reuse, recycling, or destruction. The Library shall maintain a log of receipt and disposition of the media, and present this log to the Town Clerk / Records Manager at the end of each fiscal year. The Town will not maintain staff or equipment to provide video and/or DVD copies to the public. Video copies of meetings may be obtained through the Town's video production service ATTACHMENT A provider for a fee to be determined by the provider. All requests for copies will be referred to the Town's video production service provider. APPROVED AS TO FORM: Town Attorney Town Council Minutes January 21, 2003 Redevelopment Agency Los Gatos, California HEARING CONTINUED MONROE COURT 10/PLANNED DEVELOPMENT/ZONE CHANGE/CONT. Bud Lortz continued and need to be delineated. Compatibility with the neighborhood floor area and design was a goal of project review. The riparian corridor is being dedicated as open space. Reduced density will need to go back to Planning Commission for redesign. Reduced intensity needs to go to Architecture and Site and can be reviewed for a more compatible floor size relating to thL ,t ighborhood. Council Comments: Mr. Wasserman requested a more compatible design to enhance the property; that there be a redesign for three homes to reflect the history of the neighborhood; and that three homes providing larger lots and more open area will be more compatible to the Monroe Court neighborhood than four homes. Mr. Pirzynski noted that the request of the neighbors was for three homes with reduced square footage; that the riparian habitat be preserved for the neighborhood; that there is a market for smaller homes in Los Gatos which include the ambiance of the neighborhood where they are situated; that the values articulated tonight move quickly through the system so that the project can be completed. Ms McNutt noted that four cottage styled homes with reduced square footage could be accommodated on the same area to serve more families as three homes within the 8,000 square footage limitation. Mrs. Decker noted that the extra house would cause extra paving and affect the runoff in the project; also the additional proposed fencing of the properties will limit the ambiance of the view shed. Motion by Mrs. Decker, seconded by Mr. Wasserman, to remand to Planning Commission; to have only three homes on site; to have no more than 8,000 sq. ft amongst the three homes; to protect the riparian elements of the property as the designs and home placements are prepared. Carried by 4 ayes. Mr. Glickman voted no with the desire to request that at least two of the homes be allowed the view and access to the creek property. VIDEO TAPES OF TOWN COUNCIL MEETINGS (06.42) Council consensus to have staff research cost of DVD copies of Council meetings which can be maintained in archival form, and have audio-visual tapes of the proceedings available for a six month period for circulation through the library. Staff to return to Council with further information. PROJECT 0324/DIGITAL TOPOGRAPHICAL MAPS (PHASE 3)/RESOLUTION 2003-12 (10.24) Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-12 entitled, RESOLUTION OF TOWN OF LOS GATOS APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH HJW GEOSPATIAL, INC. IN CONNECTION WITH PROJECT 0324 - TOWN DIGITAL MAP PROJECT (PHASE 3) - DIGITAL TOWN TOPOGRAPHY AND AERIAL PHOTOGRAPHY, and to request that the vender apply the correction techniques to the very few tall buildings that we have in town as well as to the bridges. Carried unanimously. DOWNTOWN STREET IMPROVEMENTS/PROJECT 0233/N. SANTA CRUZ AVE. (18.24) John Curtis, Director of Public Works, spoke of proposals that were presented to Council at a prior date. He invited Council and audience to come forward to the center table to review the completed work and presented the plans and recommendations for this coming year. He spoke of the meetings with the downtown community in preparation for this work N:\CLK1Council Minutes\2003\M 01-21-03.wpd 5