TO: Honorable Mayor and members of City Council
FROM: Beth Lindauer, Community Development Director
SUBJECT:
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Second Reading and Adoption of Ordinance 1095 Adding Section 2.8 to Chapter 2: Administration, Article I: General Provisions of the Red Bluff Municipal Code Establishing Procedures for Public Records Requests and Appointing a Designated Public Records Coordinator.
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RECOMMENDED COUNCIL ACTION:
cWaive the second reading except by title and adopt Ordinance No. 1095 adding Section 2.8 to Chapter 2 of the Red Bluff Municipal Code, establishing procedures for responding to Public Records Requests; and appointing a designated Public Records Coordinator.
ommendation
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SUMMARY:
The City of Red Bluff is subject to the California Public Records Act (CPRA), Government Code Sections 7920 through 7931, which governs public access to records maintained by local agencies. The CPRA requires public agencies to make records promptly available upon request, subject to specific exemptions provided by law.
While the City currently complies with the CPRA, Red Bluff does not have a codified municipal chapter outlining internal procedures for receiving, processing, and responding to public records requests. In recent years, public records requests have increased in both volume and complexity, highlighting the benefit of adopting standardized, transparent procedures consistent with state law.
The proposed ordinance and accompanying resolution are intended to formalize these practices while preserving all rights guaranteed under state law.
PREVIOUS COUNCIL ACTION:
At the City Council meeting of May 5, 2026, the City Council introduced the first reading and held a public hearing on the proposed ordinance that would add Section 2.8 to Chapter 2 of the Red Bluff Municipal Code, establishing procedures for Public Records Requests and appointing a designated Public Records Coordinator.
DISCUSSION:
The proposed ordinance would add a new Section 2.8 to Article I of Chapter 2 of the Red Bluff Municipal Code titled “Public Records Requests.”
The chapter establishes procedures consistent with Government Code Sections 7920-7922, including procedures for the submission and processing of requests, response timelines consistent with state law, the handling of exempt and partially exempt records, and the preservation of records during pending requests.
The ordinance is procedural in nature and does not expand or restrict public access beyond what is authorized under the California Public Records Act. Rather, it is intended to promote consistency, efficiency, and transparency in the City’s handling of records requests.
The accompanying resolution designates the Deputy City Clerk as the Public Records Coordinator, authorizes development of optional request forms and administrative procedures, and establishes a fee schedule limited to costs authorized under state law. Inspection of public records will continue to be provided free of charge as required by law.
FEES
California Government Code Section 7922.530 authorizes agencies to recover the direct cost of duplicating or producing public records, including electronic records, where applicable. The proposed resolution does not establish any new fees beyond those already authorized by state law.
LEGAL REVIEW
The proposed ordinance and resolution have been prepared to remain consistent with the California Public Records Act and applicable constitutional protections and are subject to approval as to form by the City Attorney.
ENVIRONMENTAL REVIEW
The proposed action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5), as it involves administrative and organizational government procedures that will not result in direct or indirect physical changes to the environment.
CITY FISCAL IMPACT:
There is no direct fiscal impact associated with the adoption of the ordinance. The resolution authorizes recovery of limited costs already permitted under state law.
ATTACHMENTS:
1. Draft Ordinance
CITY COUNCIL ORDINANCE NO. 1095
AN ORDINANCE OF THE RED BLUFF CITY COUNCIL
WHEREAS, the California Public Records Act, codified at Government Code sections 7920.000 through 7931.000, declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person; and
WHEREAS, Government Code sections 7920 through 7922 require local agencies to make public records promptly available upon request, subject to specific exemptions provided by law; and
WHEREAS, on May 5, 2026, the City Council introduced Ordinance No.1095 and conducted a duly noticed public hearing thereon, at which time all interested parties were given the opportunity to be heard; and
WHEREAS, on May 5, 2026, the City Council approved the introduction and first reading of Ordinance No. 1095 by a 5-0 vote; and
WHEREAS, the City has prepared Ordinance No. 1095 to amend Red Bluff Municipal Code Chapter 2, adding Section 2.8: Public Records Requests; and
WHEREAS, the City Council desires to adopt uniform procedures to ensure timely, transparent, and lawful responses to public records requests while safeguarding records exempt from disclosure; and
WHEREAS, the adoption of local procedures consistent with state law promotes efficient administration, accountability, and public trust;
THE CITY COUNCIL OF THE CITY OF RED BLUFF DOES ORDAIN ON MAY 19, 2026, AS FOLLOWS:
CHAPTER 2: ADMINISTRATION, ARTICLE I GENERAL PROVISIONS
SECTION 2.8: PUBLIC RECORDS REQUESTS
Sections:
2.8.1 Purpose and Authority
2.8.2 Definitions
2.8.3 Requests for Inspection or Copies
2.8.4 Requests Filed with Deputy City Clerk
2.8.5 Response Time and Procedure
2.8.6 Fees and Charges
2.8.7 Exemptions, Redactions, and Denials
2.8.8 Record Retention and Preservation
2.8.9 Severability
§ 2.8.1 PURPOSE AND AUTHORITY.
The purpose of this Chapter is to establish procedures by which members of the public may request access to records of the City of Red Bluff in accordance with the California Public Records Act, Government Code Sections 7920 through 7922 (the “Act”). This Chapter is adopted pursuant to the authority granted by the Act and other provisions of state law governing access to public records. Nothing in this Chapter is intended to expand or diminish the rights provided under state law.
§ 2.8.2 DEFINITIONS.
For purposes of this Chapter, the following definitions apply:
“Act” means the California Public Records Act, Government Code Sections 7920 through 7931, as may be amended from time to time.
“Public Record” means every writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by the City, regardless of physical form or characteristics.
“Request” means any request, whether written or oral, for inspection or copying of public records.
“ Deputy City Clerk” means the Deputy City Clerk of the City of Red Bluff or the Clerk’s designated representative.
§ 2.8.3 REQUESTS FOR INSPECTION OR COPIES.
(A) Public Records shall be made available for inspection or copying upon request in accordance with the Act, subject to exemptions provided by law.
(B) Requests shall reasonably describe the records sought so that the City can locate the records with reasonable effort and specificity.
(C) Requests may be made in person, by mail, by electronic mail, or in such other written form as the Deputy City Clerk may prescribe.
(D) The City is not required to create new records, to answer questions posed by a requester, or to perform analysis of records except as otherwise expressly required by law.
§ 2.8.4 REQUESTS FILED WITH DEPUTY CITY CLERK.
(A) All requests for public records shall be filed with the Deputy City Clerk.
(B) The Deputy City Clerk shall log each request, assign it a control number, and track the City’s response in accordance with the Act.
(C) If a request is made to another City department, that department shall immediately forward the request to the Deputy City Clerk.
§ 2.8.5 RESPONSE TIME AND PROCEDURE.
(A) Within ten (10) calendar days of receipt of a request, the Deputy City Clerk shall determine whether the request, or any portion thereof, seeks disclosable public records in the City’s possession and shall promptly notify the requester of the determination and the reasons therefor. A notice may be sent in electronic or written form.
(B) The 10-day period may be extended once by written notice to the requester stating the reason for the extension and the date on which a determination is expected, for a period not to exceed an additional fourteen (14) calendar days, in accordance with state law.
(C) If the City determines that records are disclosable and available, it shall provide inspection of the records at a time agreeable to both parties, or provide copies of the records upon payment of applicable fees.
§ 2.8.6 FEES AND CHARGES.
(A) The City may charge for copies of public records in accordance with Government Code Sections 7922.530 and as authorized by the Act.
(B) Fees shall be limited to the direct cost of duplication and any other costs expressly authorized by law (e.g., mailing, media costs).
(C) No fee shall be charged for time spent locating or reviewing records unless otherwise permitted by the Act, or unless a statutory exemption applies.
§ 2.8.7 EXEMPTIONS, REDACTIONS, AND DENIALS.
(A) The City shall not disclose records that are exempt from disclosure under state or federal law.
(B) When reasonably possible, the City shall segregate and disclose all non-exempt material contained in an otherwise exempt document.
(C) Any denial of a request, or of a portion of a request, shall cite the specific legal authority supporting the denial and shall include contact information for the Deputy City Clerk.
§ 2.8.8 RECORD RETENTION AND PRESERVATION.
Nothing in this Chapter shall authorize the destruction or withholding of records that are required to be retained under state law or City retention schedules. The Deputy City Clerk and department heads shall ensure that records requested under this Chapter are preserved until the request has been completed and any applicable appeal period has expired.
§ 2.8.9 SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter.
ATTEST: ___________________________
Mayor’s Signature
___________________________
Deputy City Clerk