§ 5.16.420. Books and records.

A.

The city shall have the right to inspect and copy books and records that are relevant to monitoring compliance with the terms of this ordinance, a franchise or applicable law; or that are relevant to the exercise of any right or duty of the city under the same. Each cable communications system operator is responsible for maintaining control over such books and records whether created by it, or by those acting on its behalf. It is responsible for producing these records upon the city's request, for the city's inspection and copying. The records that franchisee must produce shall include, but are not limited to revenue records, and other records related to compliance with any provision of this chapter or a franchise ordinance. Books and records must be maintained for a period of three years, except that a franchise ordinance may specify a shorter period for certain categories of voluminous books and records where the information contained therein can be derived simply from other materials. The phrase "books and records" shall be read expansively to include information in whatever format stored.

B.

Books and records requested shall be produced to the city by a time and at a location in the city designated by the City Administrator. However, if the requested books and records cannot be copied and moved for security reasons, then the franchisee may request that the inspection take place at some other location mutually agreed to by the city and the franchisee, provided that (1) the franchisee must make necessary arrangements for copying documents selected by the city after its review; and (2) the franchisee must pay all travel and additional copying expenses incurred by the city (above those that would have been incurred had the documents been produced in the city) in inspecting those documents or having those documents inspected by its designee.

C.

Any proprietary information received by the city from a franchisee must be clearly marked as proprietary information which the franchisee asserts is not required to be disclosed pursuant to the California Public Records Act. If a third party seeks release of a document held by the city marked as provided in this Section 5.16.420(C), the city will notify the franchisee so that the franchisee may seek court protection against the release of the document.

(Ord. 12729 § 1 (part), 2006)