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HomeMy WebLinkAbout15-City Administrator 'j CI"Y O~ SAN BERNARDINO - REQUEST FOR COUNCIL ACT'ON Dept: 10/28/88 Public hearing relative to increasing copy charges and instituting a City-wide research fee. From: Fred Wilson Subject: Assistant to the City Administrator Date: Synopsis of Previous Council action: 9/12/88 Ways and Means Committee recommended an increase to copy charges 9/26/88 Ways & Means Committee recommended the establishment of a City-wide research fee. Recommended motion: Adopt resolution. ~nature Contact person: Fred Wi~s~n Phone: 5122 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. ~ - cr f OF SAN BERNARD~ 10 - REQUr IT FOR COUNCIL AC. ~ON STAFF REPORT COPY CHl\RGES Resolution Number 83-459 currently authorizes the City departments, with the exception of certain Police Department Records, to charge a fee of 10 cents per page to reproduce standard size documents. These fees have been in effect since 1976 when they were lowered from 25 cents per page. In order to ensure that cost recovery was being achieved by charging this fee, the Ways and Means Committee in August directed staff to undertake an analysis of the actual costs that are incurred in providing a copy. This analysis was completed and is attached. As noted on this form, the actual personnel, material and rental costs have been itemized including the indirect cost rate, which was developed by the Finance Department. Based on this analysis, the Ways and Means Committee concurr- ed with the recommendation that copy charges be adjusted from the current rate of 10 cents per page to 35 cents for the first page and 15 cents for each additional page. The two tier pricing approach was recommended as it better reflects actual copying costs, as the first copy is more expensive in terms of initial staff time requirements. It is further recommended that the copy charges not be assessed against persons for copies unless the charges amount to one dollar or more, as the cost to process a receipt through the city's financial system is approximately one dollar. It should be noted that the Police Department currently charges five dollars for a police report. An analysis of this fee -inaicated that the actual staff time involved in generating a police report closely approximates the five dollar fee. For this reason, no change is recommended at this time. RESEARCH FEE During the budget deliberations, the City Clerk proposed that a research fee be established at a rate that would recover actual costs. The Ways and Means Committee also concurred with the proposal that a research fee be established on a City wide basis at a rate of 15 dollars per hour. A survey performed by the City Clerk on this subject indicated that certain departments 75-0264 preferred a standard ci - wide charge ! .tead of assessing a fee at the actual hour~L rate of the ~ndividual performing the research service. A 15 dollar per hour charge generally reflects the salary of the positions which are the primary personnel responsible for responding to research requests. It is proposed that the first 15 minutes of any request not be charged in order to accommodate the more typical requests of a member of the public. The City Clerk noted that documents for which a requestor knows the subject matter and date can usually be retrieved within this timeframe. A survey of surrounding cities indicated that Grand Terrace (cost of staff time plus 20 percent); Redlands (10 dollars for quarter hour after the first five minutes); and Palm springs (50 dollars per hour) all have research fees. Adoption of the form motion is recommended. ~ Assistant to the City Administrator CITY OF SAN BERNARDINO.- SERV1CE FE! S5MMARY ...... Service Fee Olscrigtion O.oartment - Oat, COpy................... - FIRST COpy ALL 9/8/88 - PERSONNEL COSTS r-- No. Position Hourly Rate i11711 Reouired Unit Cost 1 Acct. Clerk II/Typis S9.85 1.5 minute 0.24 Clerk III v.. ~ 't o. MATERIAL AND RENTAL COSTS '. No. D.seriation Cost Per MOCy) YrC ) Volwne Unit Cost 1 Xerox 1075 cooier @ Sl.012 10.0nn r-nni,::os 0.0338 City Hall . ? o .004Q 3 Copier supplies $50 30,000 copies 0.0017 0..0404 EQUIPMENT USAGE COSTS No. Deseriation Cost Life Cost/Year Usaae/Year Unit Cost _.--- DIRECT COSTS................................................................. I 0.280 I 0~098 f 0.3791 ] INDIRECT COSTS @.............j3S.2% 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I TOT AL CO 5T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I CITY OF SAN BEN~ARDINO.- SERV1~E FEE SeMMARy Service Fit Description Department Date I COpy CHARGE - ADDITIONAL COPIES ALL 9/ B /lHI PERSONNEL COSTS NO. Position ~ourly Rate Time Required Unit Cost 11 Acct. Clerk 11/ $9.85 .40 minute 0.066 Tvni!=lt- Clerk III (}.066 '. MATERIAL AND RENTAL COSTS '. No. Olscrtgtion Cost Pe,. MOP') y,.( ) VolU111 Unit Cost ~ Xerox 1075 Copier @ $1,012.00 30,000 copl.es 0.0338 City Hall . ., Paper 0.0049 3 Copier supplies $50.00 30,000 Copl.es 0.0017 0..0404 EOUIPMENT USAGE COSTS No. Description Cost Life Cost/Year UUQe/Year Unit Cost -~- -- DIRECT COSTS................................................................. 10. 1064 TOTAL COST................................................................... I 0 . 1439 I I ] INDIRECT COSTS @.............J 35.2% J. . .... . . . ... .. . .. . . . . . . . . . .. . . . . . .. 10.0375 e e CITY OF SAN BERNARDINO - SERVICE FE! SUMMARY - Service Fee Oescr;gtion Department Oate Research Fee All 9/2l/Sa- - PERSONNEL COSTS No. Position Hourly Rate Time ReQuired Unit Cost D""Ol1t'V ~itv ClerkI/ $15.30 15.30 ~ .-. T......""'" 1 ,.. ._~... ~-.. . '. ,c; 1n MATERIAL AND RENTAL COSTS '. No. Otscr;Dt;on Cost Per MoC ) Yr( ). VolU11t Unit Cost . . EQUIPMENT USAGE COSTS No. DescriDtion Cost Life Cost/Year Uuae/Year Unit Cost _...--- - DIRECT COSTS...................................................... ~ . . . . . . . . .. I 15 . 30 I INDIRECT COSTS @.............l 7.44% j...................................1 1.14 I TOTAL COST...... P!?~.~ ~ ~ . ~.a.~:! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I 16 . 44 ~J '\ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO., RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING REVISED PROCEDURAL RULES AND REGULATIONS FOR ACCESS TO PUBLIC RECORDS UNDER THE CALIFORNIA PUBLIC RECORDS ACT; REQUIRING THE PAYMENT OF FEES FOR COPIES AND CERTIFICATION OF PUBLIC RECORDS; REQUIRING THE PAYMENT OF FEES FOR RESEARCH SERVICES AND REPEALING RESOLUTION NO~. c:;:ln<:lg 1, ll~l) mm 83-459. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. RECITALS WHEREAS: The California Public Records Act requires that every citizen shall have the right to inspect any public record during the office hours of the City of San Bernardino, the following procedures are established for the provision of such access. SECTION 2. (A) Any person desiring to inspect public records shall first describe to the department/division head or other authorized personnel (hereinafter "custodian") the public record or records desired to be inspected. No statement of reason for the inspection shall be required. (B) Upon receipt of a request by any person for a copy of any public record, the custodian shall, as soon as practical, make av81lable to that person a copy of such record unless the record is exempt from disclosure under the provisions of California Public Records Act. (C) The custodian shall establish procedures for the inspection of photographic films and prints, magnetic tapes, punched cards, drums, and the like, for the form in which computer data shall be provided for inspection, and for JFW:ss November 1, 1988 1 10 1 furnishing the information contained in a record which is 2 impractical or infeasible to be copied or reproduced. 3 (D) Any record which is exempt under the provisions of 4 Section 6254 of the Government Code may not be open to public 5 inspection except when expressly authorized by the Mayor or City 6 Administrator or his or her authorized representative, after it 7 has been determined that such disclosure is not otherwise 8 prohibited by law and is not harmful to the public interest or to 9 individual privacy. SECTION 3. Where the fee for providing copies is not 11 otherwise specified by law, ordinance or resolution, the 13 12 following fees shall be charged for copies and certifications: 14 a public office, other than maps, graphs, diagrams and similar (A) For preparing a copy of any public writing on file in 15 records which are of a size larger than the standard sizes on 16 which the custodian keeps the normal records of the City, the 17 charge shall be $.35 for the first page, and $.15 for each 19 18 additional page. (B) For preparing the certificate that the document is a 20 true and correct copy of the original on file, the City Clerk 21 shall charge, for his or her certificate, $2.00 for each such _.-~ 23 22 certificate. 24 films, (C) For preparing copies of maps, diagrams, graphs, movie tt C9'o'eo photographs, and other records of special design 25 or of a size larger than the standard sizes on which the 26 custodian keeps the normal records of the City, the charge shall 27 28 JFW:ss November 1, 1988 2 1 be the estimated cost of preparation as established by the 3 2 custodian. 4 on fi 5 (E) The above fees are hereby waived for federal, state, 6 county and municipal public agencies; such waiver shall not 7 apply, however, to any agency which fails to waive fees for copy 8 charges for copies provided the City. 9 ( F) The above fees shall be applicable to a request for 10 copies or reproductions of public records and shall not apply to 11 the distribution of copies or reproductions in accordance with 12 any approved policy of the Mayor and Common Council for the 13 public dissemination of information to the general public. These 14 charges shall not apply to news media, or for public relations, 15 advertising or similar activities, and this resolution does not 16 apply to records of the Police Department or any other department 17 for which fees are separately established. 18 (G) The custodian may require a deposit sufficient to 19 cover the estimated cost of providing those copies for which a 20 fee may be collected before commencing the preparation of such 21 copies. 22 SECTION 4. Where the fee for performing research services 23 is not otherwise specified by law, ordinance or resolution, a fee 24 of $15.00 per hour shall be charged for performing research 25 services subject to the following conditions: 26 (A) The first 15 minutes of any request for 27 information or documentation shall not be charged. 28 JFW:ss November 1, 1988 3 10 1 (B) After the first 15 minutes of any such 2 request, the above noted fee shall be assessed in 3 one-quarter hour increments. 4 ( C) The custodian may require a deposit to 5 cover the estimated cost of research before 6 commencing any such research. 7 SECTION 5. 8 (A) Any person who is denied access to a public record may 9 appeal such denial to the City Administrator or his or her authorized representative. Notice of all rights of appeal shall 12 11 be given the requester by the custodian at the time of denial. (B) If the request is denied by the City Administrator the 13 person seeking access to the public record shall have a right of 14 appeal to the Mayor and Common Council upon filing. wri tten 15 request for hearing before that body, pursuant to San Bernardino 17 16 Municipal Code Chapter 2.64. 18 19 20 21 22 23 24 25 26 27 28 1. When the matter is scheduled for hearing before the Mayor and Common Council, the official recommending against disclosure shall provide to the Mayor and Common Council facts justifying nondisclosure as required by Government Code Section 6255. 2. Section 6255 requires that the agency shall justify withholding any record or demonstrating that the record in question is exempt under express provisions of the California Public Records Act or that on the facts of the particular case the public JFW:ss November 1, 1988 4 1 RESO: ESTABLISHING REVISED PROCEDURAL RULES AND REGULATIONS FOR ACCESS TO PUBl : RECORDS, et and REPEALING RESOLUTIOt\. .OS. 10384, 12319 and 83-459. interest served by not making the record public 2 clearly outweighs the public interest served by 3 disclosure of the record. 4 3. The decision of the Mayor and Common Council 5 shall be final, subject only to court review as 6 provided by law. No court proceeding shall be 7 instituted without first exhausting the procedures 8 specified herein. 9 SECTION 6. Resolution No. 10384, Resolution No. 12319 and 10 Resolution No. 83-459 are hereby repealed. 11 I HEREBY CERTIFY that the foregoing resolution was duly 12 adopted by the Mayor and Common Council of the City of San 13 Bernardino, at a meeting held on the day 14 of 19 , by the following vote, to wit: 15 AYES: Council Members 16 17 NAYS: 18 ABSENT: 19 City Clerk 20 21 The foregoing resolution is hereby approved this day of'"""- , 19 22 23 Evlyn Wilcox, Mayor City of San Bernardino 24 25 Approved as to form and legal con 26 27 28 JFW:ss November 1, 1988 5