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'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.
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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-
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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
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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
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1 furnishing the information contained in a record which is
2 impractical or infeasible to be copied or reproduced.
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(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
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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
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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
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22 certificate.
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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
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November 1, 1988
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1 be the estimated cost of preparation as established by the
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2 custodian.
4 on fi
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(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.
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(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.
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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:
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(A)
The first 15 minutes of any request for
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information or documentation shall not be charged.
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November 1, 1988
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(B) After the first 15 minutes of any such
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request, the above noted fee shall be assessed in
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one-quarter hour increments.
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( C)
The custodian may require a deposit to
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cover the estimated cost of research before
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commencing any such research.
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SECTION 5.
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(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
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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
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16 Municipal Code Chapter 2.64.
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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
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November 1, 1988
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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
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clearly outweighs the public interest served by
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disclosure of the record.
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3. The decision of the Mayor and Common Council
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shall be final, subject only to court review as
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provided by law.
No court proceeding shall be
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instituted without first exhausting the procedures
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specified herein.
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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
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Bernardino, at a
meeting held on the
day
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of
19 , by the following vote, to wit:
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AYES:
Council Members
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NAYS:
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ABSENT:
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City Clerk
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The foregoing resolution is hereby approved this
day of'"""-
, 19
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23
Evlyn Wilcox, Mayor
City of San Bernardino
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25 Approved as to form
and legal con
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November 1, 1988
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