A.
The purpose of this chapter is to enact a "statutory fee" within the meaning of Government Code Section 6257 to expressly and broadly authorize the city to charge fees sufficient to recover any and all costs, direct and indirect, associated in any way with requests by persons and entities to review public records, including without limitation all direct and indirect costs associated with the retrieval and duplication of such records.
B.
In enacting this chapter, the city hereby finds that the authorization and imposition of such fees are necessary to enable the city on the one hand to timely, properly and fully provide public access to public documents and, on the other, to preserve and prioritize the expenditure of scarce city resources and services.
C.
In enacting this chapter, the City Council hereby further takes legislative notice of the provisions of Government Code Section 6257, which authorizes the recovery of all costs, direct and indirect, associated with the retrieval and reproduction of public records pursuant to a statutory fee; the decision in Shippen v. Department of Motor Vehicles (1984) 161 Cal.App.3d 1119, which confirms the authorization of statutory fees under Section 6257; and decisions such as Marculescu v. City Planning Commission of San Francisco (1935) 7 Cal.App.2d 371 and Monterey Club v. Superior Court of Los Angeles (1941) 48 Cal.App.2d 131, cited in the Napa City Attorney's Opinion dated April 12, 1994, confirming that charter city ordinances have the same force within their city limits as a state statute passed by the California legislature has throughout the state.
(O98-013)