Resolution Number 76-8-18-4207
RESOLUTION NO. 76-8-18-4
INSPECTION AND DUPLICATION OF CITY DOCUMENTS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
PROCEDURES AND FEE SCHEDULE FOR VARIOUS CITY
DOCUMENTS REQUESTED BY THE PUBLIC AND REPEALING
RESOLUTIONS NOS. 71-8-23-2, 72-10-24-2, AND
73-8-27-5
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES
HEREBY RESOLVE that the following procedural rules and regulations
are adopted in accordance with the California Public Records Act,
Chapter 3.5, Division 7, Title 1, of the Government Code of the
State of California, Paragraph 6250, et seq., with regard to
making records available for inspection by the public:
SECTION 1. Form of Request. Requests for inspection of
any identi is a public record, copies of same, or certified excerpts
therefrom shall be made in writing on forms provided by the City
department responsible for the keeping of such record, and shall
contain the following information:
a. Name and address of person, corporation, partner-
ship, firm or association making such request.
b. Identification of record being requested.
C. Amount of fee or deposit accompanying request per
schedule established by the City Council and set
forth in Section 4 herein.
d. Date of request and date and time information is
required.
SECTION 2. Time Periods for Requests. Requests are to be
made during rear business Hours, and a reasonable period of time
to be determined by the department head for handling such requests
shall be allowed.
SECTION 3. Records Exempt From Inspection. Certain
records enumerate in ection o the Government Code shall be
exempt from inspection by the public; in addition, business license
applications and any other records for which it can be demonstrated
by the officer who has custody that the public interest served
by not making such record public clearly outweighs the public
interest served by disclosure of the record. The City Manager
shall review and approve or reverse such denials.
SECTION 4. Fee Schedule. The schedule of fees and/or
deposits requireT isereh Uy e_s_Fa_'5lished as follows:
a. Inspection only shall be at no charge, provided
it occurs at location of City department having
custody.
b. Copies of public records shall be provided upon
the payment of the sum of ten cents (10Q) per copy of an
original page not to exceed 8-1/2" x 14" in size.
C. Deposits in the following amounts shall be required
for the temporary use of City records, provided that
permission for the removal of said records is granted
by the City officer having control thereof. Said
deposits are refundable subject to the return of the
records in good condition within the time limit
specified in the deposit receipt.
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(1) Approximate acquisition cost to the City
of the record loaned; or,
(2) Approximate replacement cost to the City,
whichever is higher.
(3) An amount established as the cost for the
sale of certain documents (see Section "e"
below) shall be required as a deposit when
such documents are temporarily loaned out
to those desiring to review same at their
convenience and physically remove documents
from the City premises.
If it is necessary to have a document printed
by an outside firm, the charge for that
document shall be the charge paid by the City,
including sales tax and overhead expenses.
In the case of plans and specifications for
Public Works projects, the charges above shall
apply except that if it is desired that the
plans and specifications be returned, a refund
of up to 50% of the charge may be authorized
by the City Manager.
d. Mailing and handling service charges:
(1) City Council or Commission Agendas. . $10.00/Year
(2) City Council or Commission Minutes. . $15.00/Year
(3) Transcript of Recorded Minutes, etc . At Cost
(4) Others . . . . . . . . . . . . . . . . At Cost
e. Special reports requiring research of
records, analysis, compilation, calculation
or summarization for private benefit . . . At Cost
Cost is defined as number of hours times the
employee's hourly rate plus 25% for fringe benefits
and plus 15% for administrative overhead. In
addition, a Time and One Half hourly rate will be
charged if overtime is required.
f. Council Agenda Packets:
Upon receipt of specific requests, complete City
Council or Commission Agenda packets shall be
furnished, subject to the following conditions:
(1) That requests are made to the City Clerk by
5:00 P.M., Tuesday, 6 working days prior to
the next regular meeting of the City Council
or appropriate Commission.
(2) That the cost shall remain as set forth in
Section 4.b. of this Resolution.
(3) That postage costs shall be added to the above
as appropriate.
SECTION 5. Waiver of Fees. The above fees may be waived
at the discre—ti-o—n—oY the Department Head concerned when it is clear
that the general public and/or the City will benefit by providing
the service at no cost.
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a. Examples of types of service for which the above
fees may be waived are as follows:
(1) Requests from City Officials, Board Members, etc.
(2) Requests from other public agencies, especially
in cases of cooperative exchange of information.
(3) Requests from non-profit or charitable groups
such as the Chamber of Commerce, Boy Scouts, etc.
(4) Requests from individuals or firms directly
concerned with pending actions of the City
Council which require their attendance at a
Public Hearing, or when legal notice is required.
b. Decisions on questionable items shall be made by the
City Manager.
C. Appeals to the City Council may be filed by those
who desire to protest these charges or request waivers.
PASSED, APPROVED AND ADOPTED this 18th day of
August , 1976, by the following vote, to wit:
AYES: Councilmen Sweeney, MmDowell, Friess, Heckscher,
and Mayor Nash
NOES: None
ABSENT: None
ATTEST:
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f 0:
ITYRVALI�F�O'RNIA STATE OF )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing.is a
true and correct copy of Resolution No. 76-8-18-4 , adopted
by the City Council of the City of San Juan apistrano, California,
at a regular meeting thereof held on the 18th day of August ,
1976.
(SEAL)
MARY AN17
OVER, CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
and says:
213
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes
That she is the duly appointed and qualified City
Clerk of the City of San Juan Capistrano;
That in compliance with State laws of the State of,,
California and in further compliance with City Resolution
No. 74-1-28-4, and on the ^ y��% day of August
197 6 , she caused to be posted:
being:
RESOLUTION NO. 76-8-18-4
INSPECTION AND DUPLICATION OF CITY DOCUMENTS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIKRNIA, ESTABLISHING
PROCEDURES AND FEE SCHEDULE FOR VARIOUS CITY
DOCUMENTS REQUESTED BY THE PUBLIC AND REPEALING
RESOLUTIONS NOS, 71-8-23-2, 72-10-24-2, AND
73-8-27-5
in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The Post Office;
The Orange County Public Library.
MARY ANNOVER, City Clerk
San Jua Capistrano, California