Title
Adopt a Resolution to Amend Administrative Code Title 3 (City Attorney) to add Chapter 3, Designating the City Attorney to Maintain a Confidential Minute Book of Closed Session Meetings, Including Audio-Video Recordings
Staffreport
SUMMARY
This resolution memorializes the City Council’s December 15, 2025 direction to video-audio record closed session meetings and to designate the City Attorney to maintain said records, as authorized by Government Code Section 54957.2. The City Council will also cure and correct a technical violation of the Brown Act that occurred on Item 10.c. at its December 15, 2025 regular meeting that was a teleconference meeting by taking public comment before taking final action on the matter through a vote on this Resolution.
RECOMMENDATIONS
Staff recommend the City Council adopt a resolution amending Administrative Code Title 3 (City Attorney) designating the City Attorney to maintain a confidential minute book of closed session meetings, including video-audio recordings. Staff also recommend that the Council ensure it takes public comment on this matter before taking final action.
BACKGROUND
The Ralph M. Brown Act (Government Code section 54950 et seq.) governs meetings of local legislative bodies and establishes requirements for closed sessions.
Specifically, Government Code section 54957.2 authorizes a legislative body, by ordinance or resolution, to designate a clerk or other officer or employee of the local agency to attend closed session meetings and to keep and enter into a confidential minute book a record of topics discussed and decisions made. The statute further provides that the minute book may, but is not required to, consist of a recording of the closed session.
On December 15, 2025, the City Council directed staff to video-audio record all closed session meetings of the City Council, with such recordings maintained by the City Attorney, for use in internal investigations. The motion carried by the following vote:
Ayes: 4 - Aguilar, Azevedo, Boldt, Simon
Noes: 3 - Bowen, Viveros-Walton, González
The proposed resolution implements the City Council’s December 15, 2025 direction by formally designating the City Attorney, or their designee, to attend City Council closed session meetings and to maintain the confidential minute book of proceedings, including video-audio recordings.
Analysis
1. Confidentiality
Under Government Code section 54957.2, the closed session minute book and related recordings are confidential and not subject to disclosure under the California Public Records Act. Access is limited to members of the legislative body, or, in the event of an alleged Brown Act violation, to a court of general jurisdiction.
2. Video-Audio Recording
Consistent with Council direction, the resolution specifies that the minute book shall include written minutes and video-audio recordings of closed session meetings.
3. Security
Information Technology staff have developed technology and security measures sufficient to maintain the confidentiality of the recordings. The recordings will be maintained in a secure environment by the City Attorney, in accordance with the City’s Information Technology Department’s specifications.
4. Retention
Pursuant to Resolution No. 2015-168, the City Clerk and City Attorney are responsible for maintaining and updating the City’s Records Retention Schedule, which establishes requirements for how long the City keeps records based on relevant laws, regulations, and best practices.
The City’s Records Retention Schedule provides the following retention periods for City Council meeting minutes and related video-audio recordings:
• Minutes: Retained permanently.
Government Code section 34090(e) prohibits the destruction of minutes of a legislative body, meaning these records are retained permanently.
• Video recordings: 90-day legal minimum; retained for 10 years.
Government Code section 34090.7 provides that video recordings of meetings may be destroyed after 90 days, provided another record is kept (such as written minutes). The City’s Records Retention Schedule provides that video recordings shall be retained for 10 years.
Legal Analysis
The City Attorney has reviewed this report and concurs with the recommendations outlined herein.
Financial Impacts
Sufficient funds are available in the Legislative Department and Information Technology Department budgets to cover the administrative costs of implementing this resolution, including preparation and maintenance of the minutes and video-audio recordings. Staff estimates these costs will not exceed $2,500 annually.
ATTACHMENT
A: Resolution to Amend the Administrative Code, Title 3 (City Attorney) to add Chapter 3, Designating the City Attorney to Maintain a Confidential Minute of Closed Session Meetings, Book Including Video-Audio Recordings
PREPARED BY: Sarah Bunting, Acting City Clerk, City Manager’s Office