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011420 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JANUARY 14, 2020 - 7:00 PM CLOSED SESSION - 6:00 P.M. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. Based on existing facts and circumstances, the City Council will decide whether to defend or initiate litigation. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding the potential lease of real property owned by the City and located at 43200 Business Park Drive (APN: 921-020-078). The potential lessee of the property in negotiations with the City is: California State University — San Marcos. Negotiators for the City of Temecula are: Aaron Adams, Greg Butler, and Peter Thorson. Under negotiation are price and terms of the potential lease of the property. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding four parcels of real property owned by the City of Temecula, as successor to the assets of the Redevelopment Agency of the City of Temecula, consisting of approximately 1 acre (APN: 922-360-004, 005, 006 & 007) located on Main Street at Mercedes Street in the City of Temecula. The parties to the negotiations for the potential sale of the property are: Marketplace Old Town, LLC (Truax Development) and the City of Temecula. Negotiators for the City of Temecula are: Aaron Adams, Greg Butler, and Luke Watson. Under negotiation are price and terms for the sale of the property. CALL TO ORDER: Mayor James Stewart PRELUDE MUSIC: Susan Miyamoto INVOCATION: TBD FLAG SALUTE: Council Member Maryann Edwards ROLL CALL: Edwards, Naggar, Rahn, Schwank, Stewart Page 1 City Council Agenda January 14, 2020 PRE SENTATIONS/PROCLAMATIONS Presentation to Incoming/Outgoing Mayor and Incoming/Outgoing TCSD President Presentation of Service Awards to City Attorney Peter Thorson (30), Board Member Peg Moore (20), Commissioner Gary Youmans (15), Board Member Craig Puma (10), Commissioner Eric Willis (5), Commissioner Lanae Turley-Trejo (5), and Commissioner Dale Borgeson (5) Presentation of Certificate of Appreciation to Susan Miyamoto PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the City Council on items that appear on the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward. For all Public Hearing or Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the City Council addressing that item. On those items, each speaker is limited to five minutes. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports. CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. 1. Waive Reading of Standard Ordinances and Resolutions Recommendation: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. Attachments: Agenda Report 2. Approve the Action Minutes of December 10, 2019 and December 17, 2019 Recommendation: That the City Council approve the action minutes of December 10, 2019 and December 17, 2019. Attachments: Minutes Joint Minutes Workshop Minutes Page 2 City Council Agenda January 14, 2020 3. 4. 5. 6. 7. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: Attachments RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Agenda Report Resolution List of Demands Approve City Treasurer's Report as of October 31, 2019 Recommendation: That the City Council approve and file the City Treasurer's Report as of October 31, 2019. Attachments: Agenda Report Treasurer's Report Adopt Ordinance 19-16 Amending Section 8.28.210 of the Municipal Code Re _ ag rding Stormwater Discharges (Second Readingr) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO. 19-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 8.28.210 OF THE TEMECULA MUNICIPAL CODE REGARDING STORMWATER DISCHARGES Attachments: Agenda Report Ordinance AUUrove Annual Boards and Commissions Handbook for Calendar Year 2020 Recommendation: That the City Council approve the annual Boards and Commissions Handbook for calendar year 2020. Attachments: Agenda Report Boards and Commission Handbook Approve Annual Legislative Platform for Calendar Year 2020 Recommendation: That the City Council approve the annual Legislative Platform for calendar year 2020. Page 3 City Council Agenda January 14, 2020 8. Attachments: Agenda Report Legislative Platform Approve Annual Citywide Records Retention Schedule and Records Destruction for Calendar Year 2020 Recommendation Attachments: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING REVISIONS TO THE ESTABLISHED CITYWIDE RECORDS RETENTION SCHEDULE, THEREBY AMENDING AND RESTATING THE RECORDS RETENTION POLICY, AND APPROVING THE DESTRUCTION OF CERTAIN RECORDS Agenda Report Resolution Exhibit A 9. Approve Agreement with Western Audio Visual for the Replacement of Audiovisual Equipment in the Conference Center Recommendation Attachments That the City Council: 1. Approve a Purchase and Installation Agreement with Western Audio Visual, in an amount not to exceed $93,319, for audiovisual equipment in the City of Temecula Conference Center, and 2. Authorize the City Manager to approve contract change orders up to 7% of the contract amount, or $6,533. Agenda Report Agreement 10. Approve Purchase of Bike Legends from Ennis -Flint, Inc. Recommendation: Attachments That the City Council approve the purchase of 118 green thermoplastic bike legends for the Citywide Buffered Bike Lane Striping Project (PW 19-20), in the amount of $79,485.52, from Ennis -Flint, Inc. Agenda Report Quote 11. Award Construction Contract to Marina Landscape Inc. for the Expanded Recycled Water Conversion Project, PW17-29 Recommendation: That the City Council: Page 4 City Council Agenda January 14, 2020 1. Award a construction contract to Marina Landscape Inc. in the amount of $329,000 for the Expanded Recycled Water Conversion Project, PW 17-29; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $32,900, which is equal to 10% of the contract amount; 3. Make a finding that the Expanded Recycled Water Conversion Project, PW 17-29 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Attachments: Agenda Report Contract Project Description Project Location 12. Approve Non -Exclusive CommodityAgreements with All American Asphalt and Main Street Signs for Fiscal Years 2020-2024 Recommendation: That the City Council approve the following Non -Exclusive Commodity Agreements: 1. All American Asphalt, for $75,000 annually, for a total agreement amount of $375,000 for the purchase of hot mix asphalt and SS 1H Emulsion Tack for Fiscal Years 2020-2024; and 2. Main Street Signs, for $100,000 annually, for a total agreement amount of $500,000 for the purchase of street name and traffic control signs for Fiscal Years 2020-2024. Attachments: Agenda Report Agreement - All American Asphalt Agreement - Main Street Signs 13. Approve Project Specific Maintenance Agreement with the California Department of Transportation (Caltrans) for the Santa Gertrudis Pedestrian/Bicycle Trail and Interconnect, PW08-04 Recommendation: That the City Council approve the Project Specific Maintenance Agreement (PSMA) with the California Department of Transportation (Caltrans) for the Santa Gertrudis Pedestrian/Bicycle Trail and Interconnect, PW08-04. Attachments: Agenda Report Project Specific Maintenance Agreement Project Description Project Location Page 5 City Council Agenda January 14, 2020 RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY Page 6 City Council Agenda January 14, 2020 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Zak Schwank ROLL CALL: Edwards, Naggar, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward. For all Public Hearing or Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board addressing that item. On those items, each speaker is limited to five minutes. CSD CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 14. Approve the Action Minutes of December 10, 2019 Recommendation: That the Board of Directors approve the action minutes of December 10, 2019. Attachments: Minutes CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, January 28, 2020, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 7 City Council Agenda January 14, 2020 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CALL TO ORDER: Chairperson James Stewart ROLL CALL: Edwards, Naggar, Rahn, Schwank, Stewart SARDA PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward. For all Public Hearing or Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board addressing that item. On those items, each speaker is limited to five minutes. SARDA CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Successor Agency to the Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. 15. Approve the Action Minutes of December 10, 2019 Recommendation: That the Board of Directors approve the action minutes of December 10, 2019. Attachments: Minutes SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS SARDA ADJOURNMENT The next regular meeting of the Successor Agency to the Redevelopment Agency will be held on Tuesday, January 28, 2020, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 8 City Council Agenda January 14, 2020 TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 16. Approve Amendment 5 to the Roripaugh Ranch Specific Plan and Addendum Number 5 to the Roripaugh Ranch Final Environmental Impact Report (Planning Application No. PA19-0408) Recommendation: That the City Council approve a Specific Plan Amendment to the Roripaugh Ranch Project (Planning Application No. PA19-0408) and an Addendum to the project's Final Environmental Impact Report, and adopt resolutions entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AMENDMENT NO. 5 TO THE RORIPAUGH RANCH SPECIFIC PLAN (SP 11) (PLANNING APPLICATION NO. PA 19-0408) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING ADDENDUM NO. 5 TO THE RORIPAUGH RANCH FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 97121030) Page 9 City Council Agenda January 14, 2020 Attachments: Agenda Report Aerial Map Resolution - Specific Plan Amendment Resolution - EIR Addendum Roripaugh Ranch EIR Roripaugh Ranch EIR Addendum #1 Roripaugh Ranch EIR Addendum #2 Roripaugh Ranch EIR Addendum #3 Roripaugh Ranch EIR Addendum #4 Roripaugh Ranch EIR Addendum #5 Planning Commission Resolution No. 19-29 Planning Commission Resolution No. 19-30 Planning Commission Staff Report 11-20-19 Notice of Public Hearing 17. Conduct Public Meeting to Consider the Renewal of the Visit Temecula Valley Tourism Business Improvement District and the Lew of an Assessment on Lodging Businesses within the District Pursuant to the Parking and Business Improvement District Law of 1994 Recommendation: That the City Council conduct the requisite public meeting to hear testimony regarding the proposed renewal of the Visit Temecula Valley Tourism Business Improvement District ("VTVTBID") pursuant to the Parking and Business Improvement District Law of 1994. Attachments: Agenda Report Resolution of Intention Petitions Management Plan Financial Report Notice Proof of Service 18. Approve Amendment to Title 17 of Temecula Municipal Code for Short -Tenn Rentals and Establish Administrative Citation Fines for Illegal Short -Term Rentals Recommendation That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ADD A DEFINITION OF SHORT-TERM RENTALS AND ADDING SHORT-TERM RENTALS TO THE USE REGULATION TABLE, AND FINDING THAT THIS ORDINANCE IS Page 10 City Council Agenda January 14, 2020 Attachments: BUSINESS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) 2. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE SCHEDULE OF ADMINISTRATIVE CITATION FINES FOR ILLEGAL SHORT-TERM RENTALS PURSUANT TO TEMECULA MUNICIPAL CODE SECTION 1.21.060 Agenda Report Ordinance Resolution Notice of Public Hearing Planning Commission Resolution No. 19-17 Planning Commission Staff Report 19. Selection of 2020 City Council Committees Recommendation: Attachments That the City Council consider and appoint members to serve on various City Council Committees for calendar year 2020. Agenda Report Draft List of Council Committeees 20. Conduct Annual Joint Meetings Between the City Council and the Board and Commissions Recommendation: That the City Council conduct the annual joint meetings between the City Council and the Old Town Local Review Board, and the Community Services, Planning, and Public Traffic Safety Commissions. Attachments: Agenda Report DEPARTMENTAL REPORTS 21. Police Department Monthly Report Attachments: Agenda Report COMMISSION REPORTS Page 11 City Council Agenda January 14, 2020 PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, January 28, 2020, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444. Page 12 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 14, 2020 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 10, 2019 - 7:00 PM CLOSED SESSION - 5:00 P.M. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding the acquisition and dedication of real property owned by Tilak Chopra, consisting of approximately 325 square feet located near Butterfield Stage Road and Nicholas Road (APN: 957-130-003). The negotiating parties are the City of Temecula and Tilak Chopra. Negotiators for the City of Temecula are: Aaron Adams, Greg Butler, Pat Thomas and Peter Thorson. Under negotiation are price and terms of the acquisition of this property. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding the lease of real property owned by the City of Temecula, consisting of approximately 2.38 acres, located on La Serena Road, next to RanchoElementary School (APN: 953-050-001). The negotiating parties are the City of Temecula and the Temecula Valley Unified School District. Negotiators for the City of Temecula are: Aaron Adams, Greg Butler, Pat Thomas and Peter Thorson. Under negotiation are price and terms of the lease of this property. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding four parcels of real property owned by the City of Temecula, as successor to the assets of the Redevelopment Agency of the City of Temecula, consisting of approximately 1 acre (APN: 922-360-004, 005, 006 & 007) located on Main Street at Mercedes Street in the City of Temecula. The parties to the negotiations for the potential sale of the property are: Marketplace Old Town, LLC (Truax Development) and the City of Temecula. Negotiators for the City of Temecula are: Aaron Adams, Greg Butler, and Luke Watson. Under negotiation are price and terms for the sale of the property. CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to two matters of pending litigation: (1) Center for Biological Diversity, et al. v. City of Temecula, et al., Riverside County Superior Court Case No. RIC 1800858; and (2) Endangered Habitats League v. City of Temecula et al., Riverside County Superior Court Case No. RIC 1800886. CALL TO ORDER at 7:12 PM: Mayor Mike Naggar PRELUDE MUSIC: James L. Day Middle School Sound Wave INVOCATION: Fire Chaplain Ted Norton FLAG SALUTE: Mayor Pro Tempore James "Stew" Stewart ROLL CALL: Edwards, Rahn, Schwank, Stewart, Naggar PRESENTATIONS/PROCLAMATIONS - None PUBLIC COMMENTS The following individuals addressed the City Council on non-agendized items: • Chris Krsterski • Jerry Hoffstetter CITY COUNCIL REPORTS CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Schwank. The vote reflected unanimous approval. 1. Waive Reading of Standard Ordinances and Resolutions Recommendation: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2. Approve Action Minutes of November 12, 2019 Recommendation: That the City Council approve the action minutes of November 12, 2019. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 19-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Update City's Complimentary Ticket Policy to Include New Fair Political Practices Commission Requirements Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 19-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA UPDATING THE CITY'S COMPLIMENTARY TICKET POLICY 2 5. Approve Agreement with Townsend Public Affairs for State Legislative Consultant and Grant Writing Services (At the Request of Subcommittee Members Mayor Pro Tempore Stewart and Council Member Rahn) Recommendation: That the City Council approve an agreement with Townsend Public Affairs for state legislative consultant and grant writing services in the amount of $216,000 for the total three-year term of the agreement. 6. Authorize City Manager to Enter into Subordination Agreement Subordinating City as Housing Successor to Former Temecula Redevelopment Agency Deed of Trust on Front Street Plaza Affordable Housing Development Located at 28693 Old Town Front Street Recommendation: That the City Council authorize the City Manager to enter into a subordination agreement between the City of Temecula, as Housing Successor to the former Temecula Redevelopment Agency, and Robles Brothers Investments, LLC, for the subordination of the City's deed of trust securing its interests in the Front Street Plaza development to a new deed of trust held by Bank of Hope within the parameters described in this agenda report, including a 70% loan to value ratio. 7. Authorize City Manager to Approve Purchase Order with California Electrical Supply for Wireless Lighting Control System Software Recommendation: That the City Council authorize the City Manager to approve a purchase order with California Electrical Supply for wireless lighting control system software for a total amount of $269,439. 8. Approve Specifications and Authorize Solicitation of Construction Bids for Americans with Disabilities Act (ADA) Improvements at Ronald Reagan Sports Park as part of the ADA Transition Plan Implementation, PW18-16 Recommendation: That the City Council: 1. Approve the specifications and authorize the Department of Public Works to solicit construction bids for the Americans with Disabilities Act (ADA) Transition Plan Implementation, PW18-16; 2. Make a finding that this project is exempt from CEQA pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 9. Approve Cooperative Agreement with Temecula Sunrise Rotary Club in Support of Community Christmas Dinner Recommendation: That the City Council approve the Cooperative Agreement with Temecula Sunrise Rotary Club for in -kind services and support in the amount of $7,255 to provide a Community Christmas Dinner. 10. Approve Cooperative Agreement, State SHOPP Minor Funds Contribution with the State of California Department of Transportation (Caltrans) Recommendation: That the City Council approve the Cooperative Agreement, State SHOPP Minor Funds Contribution (No. 08-1701) with the State of California Department of Transportation (Caltrans). 11. Approve Subdivision Tract Maps for Sommers Bend, Previously Known as Roripaugh RanchPhase II, and Authorize the City Manager to Execute Related Agreements Recommendation: That the City Council: 1. Approve Tract Map 37341-1, 37341-2, 37341-3 and 37341-4 in conformance with the conditions of approval; 2. Approve the subdivision improvement and monumentation agreements with the developer; 3. Authorize the City Manager to execute the agreements on behalf of the City. 12. Accept Improvements and File the Notice of Completion for Overland Drive Extension, PW 16-06 Recommendation: RECESS: That the City Council: Accept the improvements for the Overland Drive Extension, PW 16-06, as complete: 2. Direct the City Clerk to file and record the Notice of Completion and release the Performance Bond; Release the Labor and Material Bond seven months after filing the Notice of Completion, if no liens have been filed. At 7:51 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and the Joint Successor Agency to the Temecula Redevelopment Agency and City Council Meeting. At 7:55 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 15. Approve Fee Reimbursement Agreement with Oremor of Temecula LX, LLC (Temecula Valley Lexus) In Accordance with the Automobile Dealership Fee Reimbursement Program Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 19-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED FEE REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND OREMOR OF TEMECULA LX, LLC Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Stewart. The vote reflected a unanimous approval. BUSINESS 16. Adopt Ordinance Amending Section 8.28.210 of the Municipal Code Re a Biding Stormwater Discharges Recommendation: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 19-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 8.28.210 OF THE TEMECULA MUNICIPAL CODE REGARDING STORMWATER DISCHARGES Approved the Staff Recommendation (5 0): Motion by Edwards, Second by Rahn. The vote reflected a unanimous approval. JOINT MEETING - CITY COUNCIL AND TEMECULA COMMUNITY SERVICES DISTRICT 17. Conduct Annual Reorganization for Calendar Year 2020 Recommendation: That the City Council/Board of Directors select the Mayor, Mayor Pro Tempore, President and Vice -President for calendar year 2020. Approved the Staff Recommendation (5-0): Motion by Naggar, Second by Edwards. The vote reflected unanimous approval. For the 2020 calendar year, Mayor Pro Tempore James Stewart was selected as Mayor and Council Member Maryann Edwards was selected as Mayor Pro Tempore. Council Member Zak Schwank was selected as TCSD President and Council Member James Stewart was selected as TCSD Vice -President. DEPARTMENTAL REPORTS 18. Police Department Monthly Report 19. Public Works Department Monthly Report COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT The City Attorney stated there was no reportable actions from closed session. ADJOURNMENT At 8:23 PM, the City Council meeting was formally adjourned to Tuesday, January 14, 2020, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] ACTION MINUTES JOINT SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AND CITY COUNCIL MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 10, 2019 CALL TO ORDER at 7:53 PM: Chair Mike Naggar ROLL CALL: Edwards, Rahn, Schwank, Stewart, Naggar SARDA/COUNCIL PUBLIC COMMENTS - None SARDA/COUNICL PUBLIC HEARING 14. Approve Fourth Amendment to Disposition and Development Agreement for the Town Square Marketplace Development Between the Successor Agency to the Temecula Redevelopment Agency, City of Temecula, and Town Square Marketplace Old Town, LLC. (APN Nos. 922-360-004, 005, 006, 007) Recommendation: That the City Council and Successor Agency to the Temecula Redevelopment Agency adopt resolutions entitled: RESOLUTION NO. 19-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FOURTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC CONVEYING APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ON MAIN STREET WEST OF MERCEDES STREET RESOLUTION SARDA NO. 19-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE FOURTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC CONVEYING APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ON MAIN STREET WEST OF MERCEDES STREET Approved the Staff Recommendation (5-0): Motion by Rahn, Second by Stewart. The electronic vote reflected unanimous approval. SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS SARDA ADJOURNMENT At 7:55 PM, the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, January 14, 2020, at 5:30 PM for a Closed Session, with a regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Chair ATTEST: Randi Johl, Secretary [SEAL] ACTION MINUTES TEMECULA CITY COUNCIL TEMECULA PLANNING COMMISSION JOINT SPECIAL MEETING - WORKSHOP COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 17, 2019 - 3:00 PM CALL TO ORDER at 3:05 PM: Mayor Mike Naggar ROLL CALL: Edwards, Naggar (absent), Rahn, Schwank, Stewart, Telesio, Turley-Trejo, Watts, Youmans PUBLIC COMMENTS - None BUSINESS 1. Zoning, Processing, and nd Approving Housing Projects: A 2019 Legislative Update Workshop of 2019 Legislative Update conducted by City Attorneys from Richards, Watson and Gershon; no action taken. ADJOURNMENT At 3:50 PM, the City Council and Planning Commission Workshop was formally adjourned to Tuesday, January 14, 2020, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: January 14, 2020 SUBJECT: Approve the List of Demands PREPARED BY: Jada Shafe, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO.20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: 1. Resolution 2. List of Demands RESOLUTION NO.20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $23,211,462.75 Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of January, 2020. James Stewart, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 20- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of January, 2020, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 11/21/2019 TOTAL CHECK RUN: 11/26/2019 TOTAL CHECK RUN: 12/05/2019 TOTAL CHECK RUN: 12/12/2019 TOTAL CHECK RUN: 12/19/2019 TOTAL CHECK RUN: 12/23/2019 TOTAL CHECK RUN: 12/30/2019 TOTAL CHECK RUN: 11/27/2019 TOTAL PAYROLL RUN: 12/05/2019 TOTAL PAYROLL RUN: 12/12/2019 TOTAL PAYROLL RUN: 12/24/2019 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 1/14/2020 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 7,276,546.92 1,781,778.72 2,631,620.72 2,382,168.90 4,333,051.97 2,913,020.90 144,382.59 518,022.04 126,576.95 575,481.96 528,811.08 $ 23,211,462.75 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 8,846,438.67 125 PEG PUBLIC EDUCATION & GOVERNMENT 21,577.91 140 COMMUNITY DEV BLOCK GRANT 27,230.12 165 AFFORDABLE HOUSING 23,393.92 170 MEASURE A FUND 25,439.10 190 TEMECULA COMMUNITY SERVICES DISTRICT 777,130.07 192 TCSD SERVICE LEVEL B STREET LIGHTS 78,895.87 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 3,762.47 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 18,937.92 197 TEMECULA LIBRARY FUND 31,437.29 210 CAPITAL IMPROVEMENT PROJECTS FUND 5,881,893.32 300 INSURANCE FUND 64,459.17 305 WORKERS' COMPENSATION 29,390.26 310 VEHICLE AND EQUIPMENT FUND 43,264.87 320 INFORMATION TECHNOLOGY 595,489.45 325 TECHNOLOGY REPLACEMENT FUND 54,991.88 330 CENTRAL SERVICES 19,067.43 340 FACILITIES 116,522.52 350 FACILITY REPLACEMENT FUND (147.47) 380 *** Title Not Found *** 3,996,999.46 395 2011 FINANCING LEASE 2001 & 2008 COPS 518,231.00 396 2018 FINANCING LEASE MRC 138,952.16 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 2,716.21 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,916.81 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 1,376.95 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 1,963.70 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 1,916.81 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 2,010.78 478 CFD 16-01 RORIPAUGH PHASE 11 1,916.81 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 3,299.43 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 2,579.71 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 3,507.41 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 888.72 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 3,050.51 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 1,373.66 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 1,093.69 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 9,341.04 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 204.60 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 592.67 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 151.46 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 7,332.08 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 3,180.67 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 1,269.10 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATE 571.71 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 1,595.09 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 139.71 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 12,145.67 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 4,271.98 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 10,536.84 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 18,620.38 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 303.82 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 550.00 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 14,479.95 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 3,280.38 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 144.90 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 771.52 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 19,611.15 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 171.41 700 CERBT CALIFORNIA EE RETIREE-GASB45 10,336.00 $ 21,462,570.72 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 1,011,993.59 140 COMMUNITY DEV BLOCK GRANT 3,059.71 165 AFFORDABLE HOUSING 19,189.21 190 TEMECULA COMMUNITY SERVICES DISTRICT 469,196.21 192 TCSD SERVICE LEVEL B STREET LIGHTS 1,490.46 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 4,936.78 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,722.44 197 TEMECULA LIBRARY FUND 8,011.09 300 INSURANCE FUND 2,706.96 305 WORKERS' COMPENSATION 1,785.55 320 INFORMATION TECHNOLOGY 118,814.97 330 SUPPORT SERVICES 14,365.08 340 FACILITIES 25,764.74 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 350.46 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 349.96 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 349.96 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 430.73 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 349.96 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 511.43 478 CFD 16-01 RORIPAUGH PHASE II 349.96 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2.21 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 57.63 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 1.76 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 11.63 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 57.63 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 29.44 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 57.63 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 685.69 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 4.96 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 23.18 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 8.17 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 255.17 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 57.63 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 17.78 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 15.88 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 64.01 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1.76 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 243.32 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 172.97 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 420.59 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 646.84 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 11.33 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 16.17 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 346.94 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 113.32 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 3.32 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 16.17 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 576.85 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 11.33 700 CERBT CALIFORNIA EE RETIREE-GASB45 59,231.47 TOTAL BY FUND: 1,748,892.03 $ 23,211,462.75 apChkLst Final Check List Page: 1 11/21/2019 12:44:38PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 7539 11/21/2019 000246 PERS (EMPLOYEES' RETIREMENT) 7540 11/07/2019 001212 SO CALIF GAS COMPANY 7541 11/07/2019 001212 SO CALIF GAS COMPANY 7542 11/07/2019 001212 SO CALIF GAS COMPANY 7543 11/07/2019 001212 SO CALIF GAS COMPANY 7544 11/07/2019 001212 SO CALIF GAS COMPANY 7545 11/07/2019 001212 SO CALIF GAS COMPANY 7546 11/07/2019 001212 SO CALIF GAS COMPANY 7547 11/07/2019 001212 SO CALIF GAS COMPANY 7548 11/07/2019 001212 SO CALIF GAS COMPANY 7549 11/07/2019 001212 SO CALIF GAS COMPANY 7550 11/07/2019 001212 SO CALIF GAS COMPANY 7551 11/05/2019 001212 SO CALIF GAS COMPANY 7552 11/06/2019 001212 SO CALIF GAS COMPANY 7553 11/15/2019 010276 TIME WARNER CABLE 7554 11/06/2019 014486 VERIZON WIRELESS 7555 11/04/2019 001986 MUZAK LLC Description Amount Paid Check Total ARREARS CONTRIBUTION EE 00486 27,990.88 27,990.88 OCT 196-025-0344-3 42081 MAIN ST 12.46 12.46 OCT 060-293-3315-7 28922 PUJOL ST 14.30 14.30 OCT 101-525-0950-0 28816 PUJOL ST 18.46 18.46 OCT 133-040-7373-0 43210 BUS PARK 18.46 18.46 DR OCT 181-383-8881-6 28314 MERCEDES 19.48 19.48 ST OCT 028-025-1468-3 41375 MCCABE CT 19.48 19.48 OCT 129-582-9784-3 43230 BUS PARK 30.90 30.90 DR OCT 026-671-2909-8 42051 MAIN ST 65.14 65.14 OCT 021-725-0775-4 41845 6TH ST 103.54 103.54 OCT 129-535-4236-7 41000 MAIN ST 988.59 988.59 OCT 091-024-9300-5 30875 RANCHO 1,182.49 1,182.49 VISTA RD OCT 095-167-7907-2 30650 PAUBA RD 102.38 102.38 OCT 125-244-2108-3 30600 PAUBA RD 150.05 150.05 NOV INTERNET SVCS-40820 5.30 5.30 WINCHESTER RD 9/11-10/10 TASK FORCE TABLETS: 449.60 449.60 POLICE NOV DISH NETWOK: 32131 155.08 155.08 BUTTERFIELD STG Page-1 apChkLst 11/21/2019 12:44:38PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 7556 11/01/2019 000537 SO CALIF EDISON OCT 2-35-164-3242 44270 MEADOWS 11.20 11.20 PKWY 7557 11/01/2019 000537 SO CALIF EDISON OCT 2-35-164-3663 42335 MEADOWS 11.35 11.35 PKWY 7558 11/01/2019 000537 SO CALIF EDISON OCT 2-35-164-3515 32932 LEENA WAY 11.35 11.35 7559 11/01/2019 000537 SO CALIF EDISON OCT 2-35-164-3770 43487 12.85 12.85 BUTTERFIELD STG 7560 11/05/2019 000537 SO CALIF EDISON OCT 2-39-732-3171 41997 MARGARITA 10.42 10.42 RD 7561 11/05/2019 000537 SO CALIF EDISON OCT 2-29-953-8249 46497 WOLF 13.23 13.23 CREEK DR 7562 11/05/2019 000537 SO CALIF EDISON OCT 2-29-953-8082 31523 WOLF 14.07 14.07 VALLEY RD 7563 11/05/2019 000537 SO CALIF EDISON OCT 2-41-812-6629 42061 MAIN ST 29.38 29.38 7564 11/05/2019 000537 SO CALIF EDISON OCT 2-29-223-8607 42035 2ND ST 487.28 487.28 7565 11/05/2019 000537 SO CALIF EDISON OCT 2-00-397-5067 40499 CALLE 911.65 911.65 MEDUSA 7566 11/05/2019 000537 SO CALIF EDISON OCT 2-29-295-3510 32211 WOLF 1,247.25 1,247.25 VALLEY RD 7567 11/05/2019 000537 SO CALIF EDISON OCT 2-31-536-3226 28690 MERCEDES 2,058.14 2,058.14 ST 7568 11/04/2019 000537 SO CALIF EDISON OCT 2-35-421-1260 41955 4TH ST 9.14 9.14 7569 11/04/2019 000537 SO CALIF EDISON OCT 2-29-657-2787 41638 10.42 10.42 WINCHESTER RD 7570 11/04/2019 000537 SO CALIF EDISON OCT 2-31-419-2873 43000 HWY 395 10.42 10.42 7571 11/04/2019 000537 SO CALIF EDISON OCT 2-29-807-1226 28077 DIAZ RD 10.69 10.69 7572 11/04/2019 000537 SO CALIF EDISON OCT 2-29-807-1093 28079 DIAZ RD 10.69 10.69 Paget apChkLst 11/21/2019 12:44:38PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 7573 11/04/2019 000537 SO CALIF EDISON OCT 2-31-031-2616 27991 DIAZ RD 11.19 11.19 7574 11/04/2019 000537 SO CALIF EDISON OCT 2-31-282-0665 27407 DIAZ RD 11.33 11.33 7575 11/04/2019 000537 SO CALIF EDISON OCT 2-14-204-1615 30027 FRONT ST 22.02 22.02 7576 11/04/2019 000537 SO CALIF EDISON OCT 2-41-502-0478 28402 MERCEDES 23.81 23.81 ST 7577 11/04/2019 000537 SO CALIF EDISON OCT 2-34-333-3589 41702 MAIN ST 53.95 53.95 7578 11/04/2019 000537 SO CALIF EDISON OCT 2-31-536-3481 41902 MAIN ST 156.25 156.25 7579 11/04/2019 000537 SO CALIF EDISON OCT 2-02-502-8077 43210 BUS PARK 308.70 308.70 DR 7580 11/04/2019 000537 SO CALIF EDISON OCT 2-19-171-8568 28300 MERCEDES 347.55 347.55 ST 7581 11/04/2019 000537 SO CALIF EDISON OCT 2-18-937-3152 28314 MERCEDES 590.53 590.53 ST 7582 11/04/2019 000537 SO CALIF EDISON OCT 2-35-664-9053 29119 MARGARITA 641.97 641.97 RD 7583 11/04/2019 000537 SO CALIF EDISON OCT 2-25-393-4681 41951 MORAGA RD 738.37 738.37 7584 11/04/2019 000537 SO CALIF EDISON OCT 2-35-403-6337 41375 MCCABE CT 769.67 769.67 7585 11/04/2019 000537 SO CALIF EDISON OCT 2-31-536-3655 41904 MAIN ST 990.00 990.00 7586 11/04/2019 000537 SO CALIF EDISON OCT 2-02-351-4946 41845 6TH ST 1,327.44 1,327.44 7587 11/04/2019 000537 SO CALIF EDISON OCT 2-31-912-7494 28690 MERCEDES 1,845.99 1,845.99 ST 7588 11/04/2019 000537 SO CALIF EDISON OCT 2-29-224-0173 32364 OVERLAND 1,979.57 1,979.57 TRL 7589 11/04/2019 000537 SO CALIF EDISON OCT 2-29-933-3831 43230 BUS PARK 2,116.92 2,116.92 DR Page.-3 apChkLst Final Check List Page: 4 11/21/2019 12:44:38PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 7590 11/04/2019 000537 SO CALIF EDISON 7591 11/04/2019 000537 SO CALIF EDISON 7592 11/15/2019 007282 AMAZON COM INC, SYNCB/AMAZON 7596 11/18/2019 005460 U S BANK 7597 11/18/2019 010276 TIME WARNER CABLE 7598 11/14/2019 018858 FRONTIER CALIFORNIA INC 7599 11/19/2019 018858 FRONTIER CALIFORNIA INC 7600 11/19/2019 018858 FRONTIER CALIFORNIA INC 7601 11/08/2019 001212 SO CALIF GAS COMPANY 7602 11/12/2019 001212 SO CALIF GAS COMPANY 7603 11/15/2019 021434 MATRIX TELECOM LLC DBA LINGO 7604 11/04/2019 001986 MUZAK LLC 7605 11/04/2019 001986 MUZAK LLC 7606 11/12/2019 001212 SO CALIF GAS COMPANY 7607 11/08/2019 000537 SO CALIF EDISON 7608 11/08/2019 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total OCT 2-00-397-5042 43200 BUS PARK 4,104.40 4,104.40 DR OCT 2-32-903-8293 41000 MAIN ST 19,064.25 19,064.25 INSPECTOR PHONE CASES:BLDG & 20.65 SAFETY MISC OFC SUPPLIES: PREVENTION FIRE 59.68 INSPECTOR PHONE CASES:BLDG & SAF 30.64 MISC OFC SUPPLIES: PLANNING DEPT 89.40 MISC OFC SUPPLIES: PREVENTION FIRE 28.44 228.81 '17 TAX ALLOCATION BONDS DEBT 3,996,999.46 3,996,999.46 SVC NOV INTERNET SVCS- 41000 MAIN ST 1,090.81 1,090.81 NOV INTERNET SVCS-EOC 149.99 149.99 NOV INTERNET SVCS-LIBRARY 5.31 5.31 NOV INTERNET SVCS- LIBRARY 5.31 5.31 OCT 101-525-1560-6 27415 97.43 97.43 ENTERPRISE CIR OCT 117-188-6393-6 32131 S LOOP RD 92.35 92.35 OCT 800 SERVICES: CIVIC CENTER 67.05 67.05 NOV DISH NETWORK: 41952 6TH ST 56.10 56.10 NOV DISH NETWORK: 43230 BUS 161.27 161.27 PARK DR OCT 098-255-9828-8 29119 MARGARITA 55.91 55.91 RD OCT 2-29-953-8447 31738 WOLF 11.29 11.29 VALLEY RD OCT 2-29-657-2332 45538 REDWOOD 11.41 11.41 RD Page:4 apChki-st Final Check List Page: 5 11/21/2019 12:44:38PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 7609 11/08/2019 000537 SO CALIF EDISON 7610 11/08/2019 000537 SO CALIF EDISON 198601 11/21/2019 006915 ALLIES PARTY EQUIPMENT, RENTALINC 198602 11/21/2019 013950 AQUA CHILL OF SAN DIEGO 198603 11/21/2019 013332 ARMSTRONG GARDEN CENTERSINC 198604 11/21/2019 017149 B G P RECREATION INC 198605 11/21/2019 019709 BAGDASARIAN, NADYA 198606 11/21/2019 011954 BAKER AND TAYLOR INC 198607 11/21/2019 021362 BIG BLUE OCEAN RECORDINGS LLC 198608 11/21/2019 004262 BIO TOX LABORATORIES (Continued) Description Amount Paid Check Total OCT 2-30-220-8749 45850 N WOLF 392.28 392.28 CREEK DR OCT 2-31-404-6020 28771 OLD TOWN 721.49 721.49 FRONT RENTAL OF TENTS, CHAIRS, TABLES 2,835.36 PARTY RENTAL EQUIP: CITY CNCL DEPI 375.51 3,210.87 NOV DRINKING WTR SYS MAINT: 34.75 MPSC NOV DRINKING WTR SYS MAINT: JRC 28.28 NOV DRINKING WTR SYS MAINT: PW 28.28 NOV DRINKING WTR SYS MAINT: INFO T 28.28 NOV DRINKING WTR SYS MAINT: POLICE 56.57 NOV DRINKING WTR SYS MAINT: CIVIC ( 183.71 359.87 PLANTS AND CONTAINERS:TVM 161.05 161.05 TCSD INSTRUCTOR EARNINGS 2,938.60 TCSD INSTRUCTOR EARNINGS 1,463.00 TCSD INSTRUCTOR EARNINGS 4,709.25 9,110.85 REIMB: RFRSHMNTS: TEAM PACE 379.95 EVENT 10/31 REIMB: SUPPLIES: TEAM PACE 502.07 882.02 BOOK COLLECTIONS:RHRTPL 166.41 BOOK COLLECTIONS: RHRTPL 110.20 BOOK COLLECTIONS: RHRTPL 33.75 BOOK COLLECTIONS: RHRTPL 829.02 BOOK COLLECTIONS: RHRTPL 127.81 BOOK COLLECTIONS: RHRTPL 773.71 BOOK COLLECTIONS: RHRTPL 19.49 BOOK COLLECTIONS: RHRTPL 908.59 BOOK COLLECTIONS: RHRTPL 16.45 2,985.43 PERFORMANCE - ART OFF THE 300.00 300.00 WALLS: TVM PHLEBOTOMY SVCS: TEM POLICE 794.00 PHLEBOTOMY SVCS: TEM POLICE 746.00 PHLEBOTOMY SVCS: TEM POLICE 2,279.00 3,819.00 Page:5 apChkLst Final Check List Page: 6 11/21/2019 12:44:38PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 198609 11/21/2019 014284 BLAKELYS TRUCK SERVICE, AKA DONALD W BLAKELY (Continued) Description VEHICLE EQUIPMENT REPAIRS: STREET MAINT VEHICLE EQUIPMENT REPAIRS: STREET VEHICLE EQUIPMENT REPAIRS: STREET VEHICLE EQUIPMENT REPAIRS: STREET VEHICLE EQUIPMENT REPAIRS: STREET VEHICLE EQUIPMENT REPAIRS: STREET 198610 11/21/2019 005292 BUTLER, GREG REIMB: LOCC CONFERENCE 198611 11/21/2019 000647 CALIF DEPT OF CONSUMER LICENSE RENEWAL: BENNETTS, AFFAIRS SHAWNA 198612 11/21/2019 000152 CALIF PARKS AND MEMBERSHIP RENEWAL: WOOTEN, M. RECREATION SOC, C P R S 198613 11/21/2019 000131 CARL WARREN AND COMPANY CLAIM ADJUSTER SVCS: HR INC 198614 11/21/2019 021349 CASA CENTER AGAINST SART EXAMS: TEM SHERIFF SEXUAL, ASSAULT OF SW RIV CO SART EXAMS: TEM SHERIFF 198615 11/21/2019 004462 CDW LLC, DBA CDW TV REPLACEMENT:CONF ROOMS GOVERNMENT LLC TRAFFIC MONITORS :FOC WIRELESS ACCESS POINTS:WAP PD ST WIRELESS ACCESS POINTS:WAP PD ST 198616 11/21/2019 021508 CHAVEZ, SERENA REFUND: VIOLATION DISMISSAL 198617 11/21/2019 003997 COAST RECREATION INC PLAYGROUND PARTS: VARIOUS PARKS PLAYGROUND PARTS: VARIOUS PARKS 198618 11/21/2019 017429 COBRAADVANTAGE INC, DBA OCT FSA& COBERTADMIN SVCS: HR THE ADVANTAGE GROUP 198619 11/21/2019 019814 CODE 5 GROUP LLC ANNUAL TRACKER SVC: POP 198620 11/21/2019 021230 CONSOLIDATED ELECTRICAL PW STREET MAINT: LIGHT POLES & DISTR, DBA CALIF ELECTRIC MATUS SUPPLY 198621 11/21/2019 004329 COSTCO TEMECULA 491 SUPPLIES HUMAN SVCS: HIGH HOPES SUPPLIES: TVM & ACE EVENTS 198622 11/21/2019 014501 COUNTYWIDE MECHANICAL HVAC REPAIR & MAINT: FIRE STA73 SYSTEMS Amount Paid Check Total 374.54 278.70 203.49 90.89 132.14 78.69 6.70 115.00 150.00 351.80 1,200.00 300.00 3,214.80 1,881.50 272.11 447.97 70.00 412.68 615.28 596.50 2,300.00 440.30 183.41 298.05 651.72 1,158.45 6.70 115.00 150.00 351.80 1,500.00 5,816.38 70.00 1,027.96 596.50 2,300.00 440.30 481.46 651.72 Page6 apChkLst 11/21/2019 12:44:38PM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 198623 11/21/2019 010650 CRAFTSMEN PLUMBING & PLUMBING REPAIRS: DUCK POND 280.00 HVAC INC PLUMBING REPAIR: FOC 673.00 PLUMBING REPAIRS: CIVIC CTR 550.00 PLUMBING REPAIRS: FIRE STATION 84 1,925.00 3,428.00 198624 11/21/2019 020436 CRONBERG, RICHARD N TCSD INSTRUCTOR EARNINGS 168.00 168.00 198625 11/21/2019 020648 DG INVESTMENT HOLDINGS 2 VOID - ENTRY INTERCOM STATIONS & 0.00 0.00 INC, CONVERGINT CABLING:FOC TECHNOLOGIES 198626 11/21/2019 003945 DIAMOND ENVIRONMENTAL TEMPORARY FENCE: MCCABE CT 95.00 95.00 SRVCS 198627 11/21/2019 019720 DIVERSIFIED WATERSCAPES SEDIMENT REMOVAL: DUCK POND 40,380.00 40,380.00 INC 198628 11/21/2019 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: TRAFFIC 117.78 DIV FUEL FOR CITY VEHICLES: STREET MAINT 663.88 FUEL FOR CITY VEHICLES: PUBLIC WORKS 256.52 FUEL FOR CITY VEHICLES: TRAFFIC DIV 429.12 FUEL FOR CITY VEHICLES: FIRE DEPT 111.88 FUEL FOR CITY VEHICLES: PARK MAINT 1,015.19 FUEL FOR CITY VEHICLES: LAND DEV 52.30 FUEL FOR CITY VEHICLES: POLICE DEPT 30.04 FUEL FOR CITY VEHICLES: PARK RANGERS 549.91 FUEL FOR CITY VEHICLES: PARK MAINT 2,101.00 FUEL FOR CITY VEHICLES: CIP 405.97 FUEL FOR CITY VEHICLES: STREET MAINT 1,185.81 FUEL FOR CITY VEHICLES: TCSD 993.73 7,913.13 198629 11/21/2019 021504 DREHER, CHRIS REIMB:'19ADOBE MAX CONF 11/3-11/6 1,018.28 1,018.28 198630 11/21/2019 020904 ECONOMIC ALTERNATIVES INC NOV CONDENSER H2O SYST MAINT: 525.00 525.00 CIVIC CTR 198631 11/21/2019 013367 ELECTRO INDUSTRIAL SUPPLY MISC SMALL TOOLS EQUIP: PW - 2,540.40 2,540.40 TRAFFIC 198632 11/21/2019 001056 EXCEL LANDSCAPE INC LDSCP IMPROVEMENTS: RIVERTON 7,796.65 PK IRRIG REPAIRS: VARI PARKS 1,129.53 LDSCP IMPROVEMENTS TEMEKU HILLS 2,996.00 LDSCP IMPROVEMENTS:JOHN MAGEE PK 1,050.00 IRRIG REPAIRS: VARI SLOPES 2,877.42 15,849.60 Page:? apChkLst 11/21/2019 12:44:38PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 198633 11/21/2019 000165 FEDERAL EXPRESS INC 10/31 EXP MAIL SVCS:CITY MGR OFC 12.36 10/25 EXP MAIL SVCS: HR & TCSD 22.67 35.03 198634 11/21/2019 002982 FRANCHISE TAX BOARD KRACH, BREE - CASE# 603016103 24.21 24.21 198635 11/21/2019 002982 FRANCHISE TAX BOARD KRACH, BREE - CASE# 603016103 6.80 KRACH, BREE - CASE# 603016103 16.31 KRACH, BREE - CASE# 603016103 20.39 43.50 198636 11/21/2019 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: CENTRAL SVCS 26.58 INC MISC OFC SUPPLIES: STA 12 FIRE 142.74 MISC OFC SUPPLIES: FINANCE 72.26 MISC OFC SUPPLIES: FIRE 321.86 MISC OFC SUPPLIES: FINANCE 25.21 OFC SUPPLIES: PW STREET MAINT 119.91 MISC OFC SUPPLIES: FINANCE 62.52 771.08 198637 11/21/2019 016552 GONZALES, MARK ALLEN TCSD INSTRUCTOR EARNINGS 360.00 360.00 198638 11/21/2019 019721 GOVCONNECTION INC COMPUTER LIFECYCLE 22,511.23 22,511.23 REPLACEMENT:INFO TECH 198639 11/21/2019 021467 GRAPHIC CONCEPTS VEHICLE STRIPING - FM52 914.88 914.88 198640 11/21/2019 009950 HALL, JONATHAN REIMB:'19ADOBE MAX CONF 11/3-11/6 1,210.27 1,210.27 198641 11/21/2019 000186 HANKS HARDWARE INC MISC SMALL TOOLS & EQUIP: PW - 8.92 TRAFFIC MAINT SUPPLIES: STREET MAINT 14.13 SUPPLIES:TVM/ACE/SISTER CITY EVEN- 26.08 HARDWARE SUPPLIES: STA 12 FIRE 39.10 MAINT SUPPLIES: VARI PARKS 11.94 MAINT SUPPLIES: VARI PARKS 85.85 MAINT SUPPLIES: VARI PARKS 11.95 MAINT SUPPLIES: VARI PARKS 76.74 MAINT SUPPLIES: CIVIC CTR 139.16 MAINT SUPPLIES: VARI PARKS 30.89 MAINT SUPPLIES: VARI PARKS 155.30 MAINT SUPPLIES: CIVIC CTR 134.26 MAINT SUPPLIES: CIVIC CTR 91.98 826.30 198642 11/21/2019 010210 HOME DEPOT SUPPLY INC MISC STAGE SUPPLIES TCSD -147.47 MISC SUPPLIES: CRC 205.08 MISC SUPPLIES: CIVIC CTR 120.42 MISC SUPPLIES: PARK MAINT 112.77 MISC SUPPLIES: PARKING GARAGE 56.26 347.06 Page:8 apChkLst Final Check List Page: 9 11/21/2019 12:44:38PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 198643 11/21/2019 006914 INNOVATIVE DOCUMENT OCT COPIER SOLUTIONS MAINT/REPAIR/USAGE:CITYWIDE OCT COPIER MAINT/REPAIR/USAGE:CIT 198644 11/21/2019 021507 ISA, KUMIKO REFUND: KARATE JUNIOR/INTERMEDIATE 198645 11/21/2019 011841 JOE RHODES MAINTENANCE, FUEL PUMP REPAIRS: FIRE STA84 SERVICE INC 198646 11/21/2019 013802 KAUFMAN CONSULTATION HARVESTON PK: CROSS CONNECTION TEST 198647 11/21/2019 015358 KELLY PAPER COMPANY INC PLOTTER PAPER & MISC PAPER SUPPORTSVCS 198648 11/21/2019 017118 KRACH BREE B, DBA CREDIT:TAX WITHHOLDING CASE TEMECULA TROPHY& DES 603016103 CREDIT:TAX WITHHOLDING CASE 60301, CREDIT:TAX WITHHOLDING CASE 60301, CREDIT:TAX WITHHOLDING CASE 60301, MISC NAME PLATES: CITY COUNCIL MISC NAME PLATES: CITY COUNCIL MISC NAME PLATES: CITY COUNCIL MISC NAME PLATES: ECO DEV 198649 11/21/2019 021047 KREBTIVE BITES RFRSHMNTS: ECO DEV 198650 11/21/2019 020978 LISAABMA-KAMMERT, DBA RFRSHMNTS:20TH ANNIVERSARY:TVM THE BATTER UP BAKERY 198651 11/21/2019 003782 MAIN STREET SIGNS, DBA CITY STREET SIGNAGE: PW STREET ATHACO I NC MAINT VARIOUS PARK SIGNS & SUPPLIES PW STREETS MAINT: OLD TOWN MAPS CITY STREET SIGNAGE: PW STREET MP 198652 11/21/2019 000217 MARGARITA OFFICIALS ASSN SEP OFFICIATING SVCS:SPORTS TCSD OCT OFFICIATING SVCS:SPORTS TCSD Amount Paid Check Total 557.95 6,270.96 6,828.91 105.00 105.00 404.68 404.68 1,350.00 1,350.00 228.27 228.27 -6.80 -24.21 -16.31 -20.39 27.19 81.56 65.25 96.85 203.14 80.00 80.00 269.00 269.00 438.23 82.60 465.06 125.64 1,111.53 3,116.00 3,116.00 6,232.00 Page9 apChkLst Final Check List Page: 10 11/21/2019 12:44:38PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 198653 11/21/2019 011920 MASTER CONCEPTS LLC, DBA MASTER SPORTS 198654 11/21/2019 013443 MIDWESTTAPELLC 198655 11/21/2019 004951 MIKE'S PRECISION WELDING INC 198656 11/21/2019 000973 MIRACLE RECREATION EQUIPMENT 198657 11/21/2019 004586 MOORE FENCE COMPANY INC 198658 11/21/2019 017864 NATURE WORKS SCULPTURE INC 198659 11/21/2019 015164 NATURES IMAGE INC (Continued) Description TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS BOOKS ON TAPE:LIBRARY BOOKS ON TAPE:LIBRARY VAR PARKS: ON -CALL WELDING & REPAIRS RIVERTON PK PLAY EQUIP: PW18-17 RIVERTON PK PLAY EQUIP & SAFETY SUR KAHWEA RD. EMERGENCY ACCESS GATE KAHWEA RD. EMERGENCY ACCESS GATE VOID - RET RELEASE: PW12-20 SAM HICKS PARK OCT ENVIRON MITIGATION: PW11-01 198660 11/21/2019 021515 OBMANN, BROOKE REIMB: CAL BAPTIST UNIV CAREER FAIR 198661 11/21/2019 003964 OFFICE DEPOT BUSINESS SVS SUPPLIES: PW DIV SUPPLIES: PW-CIP 198662 11/21/2019 002105 OLD TOWN TIRE AND SERVICE VEH REPAIR & MAINT: PW-PARKS Amount Paid Check Total 735.00 441.00 1,102.50 147.00 367.50 588.00 882.00 294.00 661.50 882.00 441.00 652.40 1,368.50 882.00 955.50 1,176.00 661.50 1,470.00 955.50 891.19 973.88 209.77 69.95 480.00 29,147.46 8,700.00 18,363.81 24,741.20 0.00 2,167.23 54.06 57.91 28.69 629.21 16,527.97 279.72 480.00 37,847.46 43,105.01 0.00 2,167.23 54.06 86.60 629.21 Page:10 apChkLst 11/21/2019 12:44:38PM Final Check List CITY OF TEMECULA Page: 11 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 198663 11/21/2019 002105 OLD TOWN TIRE AND SERVICE VEH REPAIR & MAINT: PW-STREET 194.16 194.16 198664 11/21/2019 021382 ONYX PAVING COMPANY INC PAVEMENT REHAB PGRM: PW-CIP 235,063.25 235,063.25 198665 11/21/2019 019851 ORTIZ ENTERPRISES INC PRGS PMT#25:115/79 960.00 960.00 INTRCHNG,PW0408 198666 11/21/2019 002800 PACIFIC STRIPING INC REPAINTING: PW-TRAFFIC-BIKE 68,210.00 LANES REPAINTING: TRAFFIC STRIPING CITYW 25,439.10 93,649.10 198667 11/21/2019 003663 PECHANGA BAND OF OCT MONITOR: BTTRFLD STG RD 10,911.74 10,911.74 LUISENO, MISSION INDIANS PHIII-PW1511 198668 11/21/2019 021512 PENOYER, KEN REFUND: VIOLATION DISMISSAL 70.00 70.00 198669 11/21/2019 021202 PEREZ, JOEL C. TCSD INTRUCTOR EARNINGS 455.00 455.00 198670 11/21/2019 017720 PERPETUAL PARKS & DEMO PLAYGROUND: RIVERTON PK 9,330.00 9,330.00 PLAYGROUNDS 198671 11/21/2019 000249 PETTY CASH PETTY CASH: DAISEN SISTER CITIES 1,200.00 1,200.00 VISIT 198672 11/21/2019 010338 POOL & ELECTRICAL SUPPLIES: POOL FACILITIES 398.76 398.76 PRODUCTS INC 198673 11/21/2019 000254 PRESS ENTERPRISE SUBSCR: PW-PUBLIC NOTICES-STRT 294.77 294.77 COMPANY INC 12/4 198674 11/21/2019 014379 PROFESSIONAL IMAGE BANNER PGRM: FRENCH VLLY PKWY 1,400.00 ADVERTISING, DBA EXTREME PROJ SIGNSGRAPHICS DESIGN & CREATION: OVERSIZED CK 100.00 1,500.00 198675 11/21/2019 008605 PSOMAS 9/27-10/24 SVCS:PECHANGA PKWY 473.75 473.75 ENVIRO 198676 11/21/2019 021438 PUBLIC RELATIONS SOCIETY PRSAIE MISSION POLARIS MMXIX 95.00 95.00 OF, AMERICA- I.E. CHAPTER 11/14 198677 11/21/2019 000947 RANCHO REPROGRAPHICS REPROGRAPHIC SVCS: 465.02 465.02 P W-CIP-P W 1729 Page:11 apChkLst 11/21/2019 12:44:38PM Final Check List CITY OF TEMECULA Page: 12 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 198678 11/21/2019 003591 RENES COMMERCIAL WEED ABATEMENT: TEM PKWY 2,975.00 MANAGEMENT HOMELESS ENCAMPMENT CLEAN-UP: F 1,810.00 HOMELESS ENCAMPMENT CLEAN-UP: F 1,696.00 HOMELESS ENCAMPMENT CLEAN-UP: F 1,639.00 8,120.00 198679 11/21/2019 002412 RICHARDS WATSON AND SEP 2019 LEGAL SERVICES 116,726.85 116,726.85 GERSHON 198680 11/21/2019 000406 RIVERSIDE CO SHERIFFS 9/12-10/9 LAW ENFORCEMENT 2,367,168.82 2,367,168.82 DEPT 198681 11/21/2019 014347 ROBERTS, PATRICIA G. TCSD INSTRUCTOR EARNINGS 472.50 TCSD INSTRUCTOR EARNINGS 472.50 945.00 198682 11/21/2019 004274 SAFE AND SECURE LOCKSMITH SVCS: FIRE STA84 70.69 70.69 LOCKSMITH SRVC 198683 11/21/2019 000278 SAN DIEGO UNION -TRIBUNE SEP PUBLICATION NOTICES: VAR 637.39 637.39 DEPTS 198684 11/21/2019 009980 SANBORN GWYNETHA, CO COUNTRY LIVE! @ THE MERC 11/16 810.00 810.00 TEMECULA MUSIC ACADEMY 198685 11/21/2019 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY: CITY-HLLWN PARADE 150.00 150.00 PRESTON 10/31 198686 11/21/2019 019652 SHAKER BRANDS LLC, DBA SUPPLIES: TVM ROTUNDA -HOLIDAY 533.43 533.43 KATHERINE'S COLLECTIO DECOR 198687 11/21/2019 020922 SHARP, ANISSA REIMB: TEAM PACE 12/19 171.32 171.32 198688 11/21/2019 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 11/14 560.00 560.00 198689 11/21/2019 009746 SIGNS BY TOMORROW SIGNAGE: PLNG-30470 PAUBA RD 159.38 SIGNAGE: PLNG-27901 JEFFERSON AVE 427.50 SIGNAGE: PLNG-BTTRFLD STG/NLOOP 1 427.50 SIGNAGE: CM-PSL ON DOOR 94.59 1,108.97 198690 11/21/2019 020389 SITEONE LANDSCAPE SUPPLY, SUPPLIES: JOHN MAGEE 508.86 508.86 LLC PK-IRRIGATION 198691 11/21/2019 000645 SMARTAND FINAL INC SUPPLIES: HIGH HOPES -HUMAN 235.61 235.61 SRVCS 198692 11/21/2019 019362 SOFTCHOICE CORPORATION MICROSOFT LICENSE TRUE-UP-38 30,207.72 30,207.72 Page:12 apChkLst 11/21/2019 12:44:38PM Final Check List CITY OF TEMECULA Page: 13 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 198693 11/21/2019 000519 SOUTH COUNTY PEST PEST CTRL SVCS: DUCK POND 49.00 CONTROL INC PEST CTRL SVCS: WOLF CREEK PARK 49.00 PEST CTRL SVCS: PBSP 70.00 PEST CTRL SVCS: SPLASH PAD 49.00 EMERG PEST CTRL: PASEO GALLANTE P 94.00 EMERG PEST CTRL: CROWN HILL PARK 94.00 PEST CTRL SVCS: FIRE STA84 80.00 PEST CTRL SVCS: FIRE STA73 68.00 EMERG PEST CTRL: RRSP 94.00 647.00 198694 11/21/2019 002015 STAR WAY SYSTEMS EQUIP RENTAL:FVALLEY PROJ 1,191.45 1,191.45 CORPORATION, DBA SO CALIF KICKOFF 11/7 SOUND 198695 11/21/2019 009061 STURDIVANT, ANGELA P. TCSD INSTRUCTOR EARNINGS 210.00 210.00 198696 11/21/2019 010924 TAND D COMMUNICATIONS CABLING & INFRASTRUCTURE: HELP 5,499.80 INC CTR CABLING & INFRASTRUCTURE: CRC 6,024.04 11,523.84 198697 11/21/2019 021511 TAYLOR, REGINA REFUND: OVERPAYMENT 25.00 25.00 198698 11/21/2019 000306 TEMECULA VALLEY PIPE & SUPPLIES: VARIOUS PARKS 157.57 157.57 SUPPLY 198699 11/21/2019 003941 TEMECULA WINNELSON PLUMBING SUPPLIES: TEM CREEK 108.24 108.24 COMPANY TRAIL PK 198700 11/21/2019 010046 TV CONVENTION &VISITORS VOID-SEP'191MPRV DISTRICT ASMNTS 0.00 0.00 BUREAU, DBA VISIT TEMECULA VALLEY 198701 11/21/2019 021514 TWIG EDUCATION REFUND: SEC DEPOSIT TCC 11/7/19 200.00 200.00 198702 11/21/2019 002185 US POSTAL SERVICE ANN'L PO BOX FEE: POLICE #892050 452.00 452.00 198703 11/21/2019 007766 UNDERGROUND SERVICE OCT UNDRGRND UTIL LOC 300.40 300.40 ALERT, OF SOUTHERN ALERTS:PW-TRFFC CALIFORNIA 198704 11/21/2019 020963 UPTOWN TEMECULAAUTO SEP VEHICLE WASH SVCS: TCSD 4.00 4.00 SPA LLC 198705 11/21/2019 011114 VERBANIC, CARL, DBA CARL'S RFRSHMNTS: TCSD-VETERAN'S DAY 3,125.00 3,125.00 HAWAIIAN SHAVE 11/11 Page:13 apChkLst Final Check List Page: 14 11/21/2019 12:44:38PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 198706 11/21/2019 006248 WALKER, JESSICA TCSD INSTRUCTOR EARNINGS 483.00 483.00 198707 11/21/2019 020275 WALLACE & ASSOC OCT CONST MGNT SVCS: PW-LD-1514 22,743.00 22,743.00 CONSULTING INC 198708 11/21/2019 007987 WALMART SUPPLIES: HUMAN SVCS-SKIP 166.40 166.40 THNKSGVNG 198709 11/21/2019 001342 WAXIE SANITARY SUPPLY INC SUPPLIES: VARIOUS FACILITIES 3,753.51 3,753.51 198710 11/21/2019 020670 WEBB MUNICIPAL FINANCE PROFESSIONAL SVCS: BIERI PREPAY 800.00 LLC SPECIALTAXADMIN FY19/20 20,669.08 21,469.08 198711 11/21/2019 008668 WES FLOWERS IG SUNSHINE FUND 61.43 IG SUNSHINE FUND 61.43 122.86 198712 11/21/2019 000341 WILLDAN ASSOCIATES INC PW SEP ON -CALL TRAFFIC ENG SVCS 650.00 SEP ON -CALL TRAFFIC ENG SVCS: VAIL 899.34 1,549.34 198713 11/21/2019 004567 WITCHER ELECTRIC, AKA ELECTRICAL REPAIRS: RR SKATE PK 1,120.00 1,120.00 TERRENCE KEVIN WITCHE 1002047 11/15/2019 021506 DICKEY, JEANA REFUND:DUPL CHG:PERMIT FEE 251.60 251.60 1002048 11/19/2019 021513 SHAW, VICKY REFUND: INCORRECT INVOICE PAID 36.00 36.00 Grand total for UNION BANK: 7,276,546.92 Page:14 apChkLst Final Check List Page: 15 11/21/2019 12:44:38PM CITY OF TEMECULA 184 checks in this report. Grand Total All Checks: 276,546.92 Page:15 apChkLst Final Check List Page: 1 11/26/2019 1:15:25PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 7593 11/18/2019 006887 UNION BANK OF CALIFORNIA 017300 ADOBE.COM 017300 ADOBE.COM 021518 COMMUNICATION SYSTEMS, SOLUTIONS INC 013338 APPLE STORE 021274 ZOOM.US 013338 APPLE STORE 012550 MARRIOTT, COURTYARD BY MARRIOTT 021517 TIME MACHINES 021476 CASA MUNRAS HOTEL 004462 CDW LLC, DBACDW GOVERNMENT LLC 008567 GODADDY.COM INC. 008567 GODADDY.COM INC. 7594 11/15/2019 006887 UNION BANK OF CALIFORNIA 020489 GREYHOUND LINES 7595 11/15/2019 006887 UNION BANK OF CALIFORNIA 018323 GOAT & VINE, THE 006952 PAYPAL 015626 EVENTBRITE.COM 012550 MARRIOTT, COURTYARD BY MARRIOTT 7611 11/20/2019 010276 TIME WARNER CABLE 7612 11/20/2019 010276 TIME WARNER CABLE 7613 11/20/2019 010276 TIME WARNER CABLE Description Amount Paid Check Total MH ADOBE MAX CONF: HALL, J. 1,295.00 MH ADOBE MAX CONF: DREHER, C. 1,295.00 MH EQUIP VERIZON CELL 1,110.95 EXTENDERS: INFO MH APPLE CARE: HESLIN/RIOS 427.00 MH MONTHLY RENEWAL FEE: INFO 386.90 TECH MH APPLE CARE: TCSD 348.00 MH URISAGIS LDRSHPACAD 10/20-25 1,007.55 MH VERIZON EQUIP CELL 219.41 EXTENDERS: INFO MH REFUND HOTEL RESERVATION: -25.00 HESLIN, M. MH ASUS INTEL ATOM VIVOSTICK: AV -150.84 MH DOMAIN RENEWAL: CITY COUNCIL 169.36 MH DOMAIN RENEWAL: TEMECULA 105.85 6,189.18 OUTREACH RM HOMELESS OUTREACH: BUS 139.00 139.00 TICKET JH RFRSHMNTS: MUNIS DEMO MTG: 75.99 10/24 JH VERISIGN PAYFLOW PRO 25.00 TRANSACTION JH WEBINAR: HENNESSY: THE 219.00 PERFECT START JH LODGING: CALPERS CONF: WARD 1,107.08 1,427.07 NOV INTERNET SVCS- 41000 MAIN ST 281.50 281.50 NOV INTERNET SVCS-32131 S LOOP 229.89 229.89 RD NOV INTERNET SVCS- 28816 PUJOL 586.83 586.83 ST Page:1 apChkLst Final Check List Page: 2 11/26/2019 1:15:25PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 7614 11/21/2019 018858 FRONTIER CALIFORNIA INC 7615 11/22/2019 018858 FRONTIER CALIFORNIA INC 7616 11/12/2019 000537 SO CALIF EDISON 7617 11/12/2019 000537 SO CALIF EDISON 7618 11/12/2019 000537 SO CALIF EDISON 7619 11/12/2019 000537 SO CALIF EDISON 7620 11/12/2019 000537 SO CALIF EDISON 7621 11/12/2019 000537 SO CALIF EDISON 7622 11/12/2019 000537 SO CALIF EDISON 7623 11/12/2019 000537 SO CALIF EDISON 7624 11/12/2019 000537 SO CALIF EDISON 7625 11/12/2019 000537 SO CALIF EDISON 7626 11/12/2019 000537 SO CALIF EDISON 7627 11/12/2019 000537 SO CALIF EDISON 7628 11/12/2019 000537 SO CALIF EDISON 7629 11/12/2019 000537 SO CALIF EDISON 7630 11/12/2019 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total NOV INTERNET SVCS-CHILDREN'S 130.98 130.98 MUSEUM NOV INTERNET SVCS-EXTERNAL DMV 111.84 111.84 LINE OCT 2-39-043-8521 29028 OLD TOWN 9.87 9.87 FRONT OCT 2-36-122-7820 31777 DE PORTOLA 10.50 10.50 RD OCT 2-25-350-5119 45602 REDHAWK 12.90 12.90 PKWY OCT 2-31-031-2590 28301 RANCHO CAL 13.30 13.30 OCT 2-31-936-3511 46488 PECHANGA 22.70 22.70 PKWY OCT 2-29-479-2981 31454 TEM PKWY 65.51 65.51 OCT 2-40-380-2424 40750 82.14 82.14 BUTTERFIELD STG OCT 2-36-531-7916 44205 MAIN ST 88.22 88.22 OCT 2-29-657-2563 42902 90.74 90.74 BUTTERFIELD STG OCT 2-41-394-3267 46899 REDHAWK 94.84 94.84 PKWY OCT 2-29-458-7548 32000 RANCHO CAL 177.13 177.13 OCT 2-10-331-2153 28816 PUJOL ST 702.03 702.03 OCT 2-20-798-3248 42081 MAIN ST 1,322.82 1,322.82 OCT 2-27-805-3194 42051 MAIN ST 3,241.42 3,241.42 OCT 2-28-629-0507 30600 PAUBA RD 7,509.98 7,509.98 Paget apChkLst 11/26/2019 1:15:25PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 7631 11/12/2019 000537 SO CALIF EDISON OCT 2-01-202-7330 VARIOUS 78,030.79 78,030.79 LOCATIONS 7633 11/21/2019 006887 UNION BANK OF CALIFORNIA 001060 HYATT LM LODGING: EASTWOOD, GREGORY: 829.48 TRAINING 011163 U-HAUL CO. LM MOTORCYCLE TRAILER RENTAL: 243.87 POLICE 011163 U-HAUL CO. LM MOTORCYCLE TRAILER RENTAL: -178.83 894.52 POLICE 7634 11/21/2019 007282 AMAZON COM INC, PORTABLE LECTERNS:PEG 606.15 SYNCB/AMAZON SUPPLIES:TVM EVENTS 278.10 MISC SUPPLIES: WORKFORCE 162.00 MISC OFC SUPPLIES:CM OFC 124.16 SUPPLIES:HUMAN SVCS PRGM TCSD 118.48 MISC SUPPLIES: WORKFORCE 114.98 BOOKS:LIBRARY 109.31 Misc office supplies: tem sheriff 93.72 MISC OFC SUPPLIES: POLICE 91.57 MISC OFC SUPPLIES: CITY CLERK 73.52 SUPPLIES:ACE PROGRAMS 61.51 SUPPLIES: TEAM PACE 44.81 MISC SUPPLIES: ECO DEV 26.55 Supplies/equipment: Comm unity Relations 25.09 MISC OFC SUPPLIES: CITY CLERK 23.02 MISC OFC SUPPLIES: CITY CLERK 13.53 MISC OFC SUPPLIES: CITY CLERK 13.37 MISC OFC SUPPLIES: POLICE 9.99 1,989.86 7637 11/27/2019 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 899.07 899.07 SUPPORT 7638 11/27/2019 000194 ICMARETIREMENT-PLAN ICMA-RC RETIREMENT TRUST457 11,430.91 11,430.91 303355 PAYMENT 7639 11/27/2019 021301 ICMARETIREMENT-PLAN ICMA-401(A) RETIREMENT PLAN 1,115.39 1,115.39 106474 PAYMENT 7640 11/27/2019 000444 INSTATAX (EDD) STATE TAXES PAYMENT 27,042.41 27,042.41 7641 11/27/2019 000283 INSTATAX (IRS) FEDERAL TAXES PAYMENT 91,267.33 91,267.33 7642 11/27/2019 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT 3,116.24 3,116.24 SOLUTION PAYMENT Page:3 apChkLst Final Check List Page: 4 11/26/2019 1:15:25PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 7643 11/27/2019 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 7644 11/27/2019 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT SOLUTION PAYMENT 7645 11/27/2019 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT RETIREMENT) 198714 11/22/2019 021516 SOMERSET LP, DBA HOMELESS PREVENTION: RENT-CDBG STONEWOOD APT HOMES HPDP 198715 11/26/2019 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING/MAINT: THEATER DBA, ALLEGRO PIANO SERVICE 198716 11/26/2019 010905 ALLIED TRAFFIC & PW STREET MAINT: EQUIPMENT EQUIPMENT, RENTALS INC RENTALS 198717 11/26/2019 002187 ANIMAL FRIENDS OF THE OCTANIMAL CNTRL SVCS: TEMECULA VALLEYS 198718 11/26/2019 006254 BALLET FOLKLORICO, AKA TCSD INSTRUCTOR EARNINGS LORENA HANCOCK 198719 11/26/2019 021525 BEASLEY, MARY 198720 11/26/2019 011348 BONCOR WATER SYSTEMS LLC, DBA SUNSHINE WATER SOFT 198721 11/26/2019 021509 BROWN, RAYMOND 198722 11/26/2019 021528 CALAHAN, RICHARD 198723 11/26/2019 004248 CALIF DEPTOF JUSTICE-ACCTING 198724 11/26/2019 001267 CALIF DEPT OF MOTOR VEHICLES 198725 11/26/2019 004566 CALIF DEPT-TOXIC SUB CONTROL TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS REFUND: FLOWER FIELDS 4/11/18 NOV WTR TANK FILTER REPL: STA 73 PAYMENT OF FINAL WAGES REIMB: UNIFORMS - BLDG & SAFETY OCT FINGERPRINTING SRVCS: VARI DEPTS PULL NOTICE: SIMON, J. EPA ID VERIFICATION & HAZ WASTE MANIFEST Amount Paid Check Total 11,564.01 11,564.01 28.51 28.51 110, 525.79 110, 525.79 795.00 795.00 340.00 340.00 175.00 175.00 10,000.00 10,000.00 127.40 68.60 29.40 225.40 20.00 20.00 267.20 267.20 18,214.73 18,214.73 97.88 97.88 3,708.00 3,708.00 5.00 5.00 1,045.00 1,045.00 Page:4 apChkLst Final Check List Page: 5 11/26/2019 1:15:25PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 198726 11/26/2019 016688 CALIFORNIA WATERSHED ENG OCT DSGN SVCS: PW11-10 FLOOD CORP, DBA CWE CONTROL 198727 11/26/2019 018828 CASC ENGINEERING AND, NPDES COMM & IND'L CONSULTING INC INSPECTIONS:PW SEP COMPLIANCE REVIEW: SANTA GER 198728 11/26/2019 004462 CDW LLC, DBA CDW MISC SMALL TOOLS & EQUIPJNFO GOVERNMENT LLC TECH DESKTOP SCANNER:HR 198729 11/26/2019 021523 CHRISTIAN SCIENCE SOCIETY REFUND: SEC DEPOSIT TCC 11/16/19 198730 11/26/2019 016446 CHRISTIAN STITCHERY INC, SHIRTS:SPORTS DBA SO CAL IMPRESSIONS SHIRTS:SPORTS 198731 11/26/2019 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS CHARITIES PAYMENT 198732 11/26/2019 021460 COMOTION MEDIA INC MISC APPAREL: PW STREET MAINTENANCE 198733 11/26/2019 000442 COMPUTER ALERT SYSTEMS ALARM SVC CALL: TCC SVC CALL: PARKING STRUCTURE SVC CALL: CIVIC CTR 198734 11/26/2019 011922 CORELOGIC INC, DBA OCT PROP ID SFTWR: CODE CORELOGIC SOLUTIONS ENFORCEMENT 198735 11/26/2019 001264 COSTCO TEMECULA 491 SUPPLIES: TEAM PACE 198736 11/26/2019 004329 COSTCO TEMECULA491 SUPPLIES: TVM/ACE EVENTS & EXHIBITS 198737 11/26/2019 014501 COUNTYWIDE MECHANICAL CIVIC CENTER: HVAC REPAIR SYSTEMS 198738 11/26/2019 010650 CRAFTSMEN PLUMBING & MISC PLUMBING SVCS: VAR PARKS HVAC INC 198739 11/26/2019 020436 CRONBERG, RICHARD N TCSD INSTRUCTOR EARNINGS 198740 11/26/2019 017627 CSU SAN MARCOS FEMBACAPSTONE PROJ: PLANNING 198741 11/26/2019 012600 DAVID EVANS AND DSGN SVCS: PW17-29 WTR ASSOCIATES INC CONVERSION PROJ Amount Paid Check Total 47,732.04 47,732.04 2,109.00 1,460.00 3,569.00 538.13 520.85 1,058.98 200.00 200.00 685.94 348.22 1,034.16 4.00 4.00 2,230.86 2,230.86 75.00 75.00 75.00 225.00 306.50 306.50 268.57 268.57 198.55 198.55 330.00 330.00 488.08 488.08 336.00 336.00 4,000.00 4,000.00 170.09 170.09 Page:5 apChkLst 11/26/2019 1:15:25 P M Final Check List CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 198742 11/26/2019 020648 DG INVESTMENT HOLDINGS 2 CARD READERS: FOC INC, CONVERGINT TECHNOLOGIES 198743 11/26/2019 003945 DIAMOND ENVIRONMENTAL SEPTIC PUMP: 42569 MARGARITA RD SRVCS 198744 11/26/2019 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARK MAINT FUEL FOR CITY VEHICLES: STREET MAI FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: TRAFFIC DEI FUEL FOR CITY VEHICLES: BLDG INSPE FUEL FOR CITY VEHICLES: PUBLIC WOF FUEL FOR CITY VEHICLES: BLDG INSPE FUEL FOR CITY VEHICLES: BLDG INSPE FUEL FOR CITY VEHICLES: LAND DEV FUEL FOR CITY VEHICLES: FIRE DEPT FUEL FOR CITY VEHICLES: CODE ENFOI FUEL FOR CITY VEHICLES: CODE ENFOI FUEL FOR CITY VEHICLES: INFO TECH 198745 11/26/2019 011292 ENVIRONMENTAL SCIENCE OCT PREP SEIR HARVESTON GPA ASSOC 198746 11/26/2019 013109 ESPINOZA, PAM REIMB: TEAM PACE 198747 11/26/2019 001056 EXCEL LANDSCAPE INC MAIN ST LOT, LANDSCAPE IMPROVEMENTS 198748 11/26/2019 015330 FAIR HOUSING COUNCIL, OF SEP CDBG SUB -RECIPIENT: FAIR RIVERSIDE COUNTY INC HOUSING SVC OCT CDBG SUB -RECIPIENT: FAIR HOUSI CREDIT: JUL 10% REMOVED TO INDIREC CREDIT: AUG 10% REMOVED TO INDIRE, JUN CDBG SUB -RECIPIENT: FAIR HOUSI JUL CDBG SUB -RECIPIENT: FAIR HOUSII 198749 11/26/2019 017736 FEAST CALIFORNIA CAFE LLC, RFRSHMNTS:TVM/ACE EVENTS AND DBA CORNER BAKERY CAFE EXHIBITS 198750 11/26/2019 002982 FRANCHISE TAX BOARD KRACH, BREE - CASE# 603016103 198751 11/26/2019 019710 FU, JIMMY PHOTOGRAPHY SVCS: ECON DEV Drone Video Photography: RRSP Pump 198752 11/26/2019 003792 GRAINGER SUPPLIES: DOG WASTE STATIONS Amount Paid 4,156.00 375.00 1,390.20 1,005.29 503.43 439.91 399.33 259.90 228.76 167.51 117.77 76.66 60.66 29.81 29.58 27,431.47 50.00 12,421.00 1,570.11 1,486.16 -144.22 -171.33 1,884.63 1,586.37 845.84 5.44 375.00 300.00 734.49 Page: 6 Check Total 4,156.00 375.00 4,708.81 27,431.47 50.00 12,421.00 6,211.72 845.84 5.44 675.00 734.49 Pagefi apChkLst 11/26/2019 1:15:25PM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 198753 11/26/2019 000186 HANKS HARDWARE INC MAINT SUPPLIES: VARI PARKS 382.67 MAINT SUPPLIES: CRC 143.42 Misc small tools & equip: PW - Traffic 72.48 MAINT SUPPLIES: CIVIC CTR 71.21 MAINT SUPPLIES: VARI PARKS 66.26 MAINT SUPPLIES: TPL 56.53 MAINT SUPPLIES: CIVIC CTR 55.17 MAINT SUPPLIES: CIVIC CTR 52.10 MAINT SUPPLIES: CIVIC CTR 45.81 MAINT SUPPLIES: AQUATICS 43.58 SUPPLIES:TVM/ACE/SISTER CITY EVEN- 33.36 MAINT SUPPLIES: CIVIC CTR 28.26 MAINT SUPPLIES: CIVIC CTR 18.47 MAINT SUPPLIES: VARI PARKS 17.81 MAINT SUPPLIES: CIVIC CTR 9.58 MAINT SUPPLIES: TVM 9.46 MAINT SUPPLIES: CIVIC CTR 6.50 MAINT SUPPLIES: CIVIC CTR -14.70 1,097.97 198754 11/26/2019 020628 HASA INC VARIOUS SUPPLIES: POOL FACILITIES 712.94 712.94 198755 11/26/2019 014465 HILLCREST CONTRACTING INC CNSTRCTN CONTRACT SVCS: 127,370.99 127,370.99 P W 18-06 198756 11/26/2019 010210 HOME DEPOT SUPPLY INC MISC SUPPLIES: CRC 273.20 273.20 198757 11/26/2019 017118 KRACH BREE B, DBA COMMISSION ITEMS:TCSD 87.00 TEMECULA TROPHY & DES SUPPLIES: TVM 27.19 NAME PLATES: CASADY, BRAD 21.75 CREDIT:TAX WITHHOLDING CASE 60301, -5.44 130.50 198758 11/26/2019 002634 LITELINES INC ROUNDABOUT LIGHTING FIXTURE 380.63 380.63 198759 11/26/2019 014365 MAILFINANCE INC POSTAGE METER: LEASE 12/14-03/13 1,224.94 1,224.94 198760 11/26/2019 013826 MALL MEDIA INC SUPPLIES:SPECIAL EVENTS 932.90 932.90 198761 11/26/2019 013650 MAMCO, INC. DBAALABBASI BUTTERFIELD STG RD-PW15-11 766,813.26 766,813.26 PHASE III 198762 11/26/2019 019823 MERCHANTS BLDG MAINT LLC OCT JANITORIAL SVCS: VARI 23,437.11 23,437.11 FACILITIES Page:? apChkLst 11/26/2019 1:15:25 P M Bank: union UNION BANK Check # Date Vendor 198763 11/26/2019 021459 MICHEAL DELLINGER, DBA DELLINGER ENTERTAINME Final Check List CITY OF TEMECULA (Continued) Description DJ/MC SERVICES - SANTAS PARADE 198764 11/26/2019 020907 MICHELLE MEDINA, DBA TCSD INSTRUCTOR EARNINGS MICHELLE Q MEDINA TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 198765 11/26/2019 013443 MIDWESTTAPE LLC BOOKS ON TAPE:LIBRARY 198766 11/26/2019 004586 MOORE FENCE COMPANY INC OLD TOWN THEATER: CUSTOM IRON FENCE OTTHEATER: INSTALL PANIC GATE 198767 11/26/2019 002105 OLD TOWN TIRE AND SERVICE VEH REPAIR & MAIN-F. PLANNING 198768 11/26/2019 002105 OLD TOWN TIRE AND SERVICE VEH REPAIR & MAINT: PW-STREET VEH REPAIR & MAINT: PW-STREET 198769 11/26/2019 013198 ORTENZO-HAYES, KRISTINE TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 198770 11/26/2019 021526 OTT DEVELOPMENT LP REFUND: LD15-4550 FIRST AND FRONT 198771 11/26/2019 021489 OUTDOOR DESIGN STUDIO SUPPLIES: PW-STREET-MISC SIGNS CORP 198772 11/26/2019 018461 PACIFIC PRODUCTS & SERVICE LLC 198773 11/26/2019 014273 PARAGON PARTNERS LTD 198774 11/26/2019 010338 POOL & ELECTRICAL PRODUCTS INC 198775 11/26/2019 004029 R J M DESIGN GROUP INC 198776 11/26/2019 019409 RANCHO CALIF WATER DISTRICT SUPPLIES: PW-STREET TRAFFIC SIGN OCTAPPRAISAL & AQUISITION SVC:PW-CIP190 SUPPLIES: POOL FACILITIES SUPPLIES: POOL FACILITIES SUPPLIES: POOL FACILITIES SUPPLIES: POOL FACILITIES OCT MASTER PLAN:COMMUNITY SVCS REMOVE WTR MTR: DEPOSIT-BTTRFLD-PW1511 Amount Paid 300.00 661.50 539.00 462.00 62.33 42,404.51 8,979.88 410.76 78.38 78.38 1,019.20 974.40 955.50 669.90 548.10 487.20 391.30 10,000.00 308.58 2,685.44 412.50 286.98 285.48 243.64 33.47 13,897.25 7,000.00 Page: 8 Check Total 300.00 1,662.50 62.33 51,384.39 410.76 156.76 5,045.60 10,000.00 308.58 2,685.44 412.50 849.57 13,897.25 7,000.00 Pages apChkLst Final Check List Page: 9 11/26/2019 1:15:25PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 198777 11/26/2019 004822 RIVERSIDE TRANSIT AGENCY OCT TROLLEY SVC: RIDERSHIP -ROUTE 55 198778 11/26/2019 008818 ROTARY CLUB OF TEMECULA POINSETTIAS: CITY HALL 198779 11/26/2019 012251 ROTH, DONALD J TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 198780 11/26/2019 004274 SAFE AND SECURE LOCKSMITH SVCS: THEATER LOCKSMITH SRVC LOCKSMITH SVCS: PBSP 198781 11/26/2019 021524 SAN BERNARDINO REFUND: SEC DEPOSIT CRC 11/15/19 COMMUNITY, COLLEGE 198782 11/26/2019 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY: RIVERTON PK RBBN PRESTON CUT PHOTOGRAPHY: PATRIOTIC SALUTE VE PHOTOGRAPHY: MPSC-SENIOR SHOP T PHOTOGRAPHY: TVM 20TH ANNIV PHOTOGRAPHY: MUSEUM DAY 11/9 198783 11/26/2019 000645 SMART AND FINAL INC SUPPLIES: SENIOR CENTER EVENTS 198784 11/26/2019 002503 SOUTH COASTAIR QUALITY, FY19/20 OPERATING FEES: FOC MANAGEMENT DISTRICT FY19/20 EMISSIONS FEES: FOC 198785 11/26/2019 000519 SOUTH COUNTY PEST PEST CTRL SVCS: VARIOUS CONTROL INC FACILITIES EMERGENCY PEST CONTROL: MRC PEST CTRL SVCS: DUCK POND 198786 11/26/2019 000293 STADIUM PIZZA INC RFRSHMNTS: WORKFORCE PROGRAM RFSHMNTS: WORKFORCE PROGRAM 198787 11/26/2019 008337 STAPLES BUSINESS CREDIT SUPPLIES: THEATER SUPPLIES: THEATER SUPPLIES: THEATER SUPPLIES: TCSD ADMIN SUPPLIES: THEATER SUPPLIES: MARGARITA REC CTR SUPPLIES: TCSD ADMIN SUPPLIES: TCSD ADMIN 198788 11/26/2019 015648 STEIN ANDREW, DBA PARKINK MERCHANDISE: SPECIAL EVENTS 198789 11/26/2019 003840 STRONGS PAINTING PAINTING SVCS: LONG CANYON CRK PK Amount Paid Check Total 1,381.18 1,381.18 540.00 540.00 567.00 189.00 756.00 207.98 45.82 253.80 75.00 75.00 150.00 150.00 150.00 150.00 150.00 750.00 214.59 214.59 421.02 136.40 557.42 1,093.00 94.00 49.00 1,236.00 73.68 33.43 107.11 491.23 188.82 109.08 108.90 106.38 97.27 43.49 17.17 1,162.34 1,267.70 1,267.70 3,500.00 3,500.00 Page9 apChkLst Final Check List Page: 10 11/26/2019 1:15:25PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 198790 11/26/2019 012789 STUART, JENNIFER SARAH TCSD INSTRUCTOR EARNINGS 198791 11/26/2019 013387 SWEEPING UNLIMITED INC NOV SWEEPING SVCS: PRKG STRUCTURE 198792 11/26/2019 003599 T Y LIN INTERNATIONAL SEP CONSULT SVCS: FV/115 PW1601 198793 11/26/2019 009948 TEMECULA PERFORMING "DISNEY'S FREAKY FRIDAY" 11/8-17 ARTS CO 198794 11/26/2019 019473 TEMECULA VALLEY WOMAN'S REFUND: SEC DEPOSIT CRC 11/14/19 CLUB 198795 11/26/2019 003941 TEMECULA WINNELSON SUPPLIES: CIVIC CENTER COMPANY 198796 11/26/2019 017415 THYSSENKRUPP ELEVATOR ELEVATOR MAINT SVC: PKNG CORP GARAGE 198797 11/26/2019 020952 TNT TRANSPORT, DBA RFRSHMNTS:: SANTA'S EL PARADE CREATIVE CATERING 12/6 198798 11/26/2019 002452 TOP LINE INDUSTRIAL, SUPPLIES: PW-STREET PRODUCTS, INC. 198799 11/26/2019 002110 UNITED RENTALNORTH EQUIPMENT RENTAL: PARKING AMERICA INC GARAGE LIFT 198800 11/26/2019 014850 VALLEY PRINTING SERVICES, PRINT SVC: PROGRAM INC. FLYERS-FVALLEY-PHI I 198801 11/26/2019 014848 VALUTEC CARD SOLUTIONS OCT'19 TICKETING SVCS: THEATER LLC 198802 11/26/2019 007987 WALMART SUPPLIES: SISTER CITY PGRM SUPPLIES: TVM 198803 11/26/2019 003730 WEST COAST ARBORISTS INC 8/16-8/31 TREE MAINT: HARVESTON 198804 11/26/2019 004567 WITCHER ELECTRIC, AKA ELECTRICAL REPAIRS: RR SKATE PK TERRENCE KEVIN WITCHE Amount Paid Check Total 4,900.00 4,900.00 540.00 540.00 220,252.47 220,252.47 7,673.50 7,673.50 200.00 200.00 362.36 362.36 212.25 212.25 1,000.50 1,000.50 336.83 336.83 434.45 434.45 42.15 42.15 111.91 111.91 195.31 90.20 285.51 850.50 850.50 1,120.00 1,120.00 rand total for UNION BANK: 1,781,778.72 Page:10 apChkLst Final Check List Page: 11 11/26/2019 1:15:25PM CITY OF TEMECULA 126 checks in this report. Grand Total All Checks: 1,781,778.72 Page:11 apChkLst Final Check List Page: 1 12/05/2019 9:30:07AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 7538 11/07/2019 006887 UNION BANK OF CALIFORNIA 021307 SANTA BARBARA INN LW LODGING: APA CONF: PETERS, M. 514.58 021307 SANTA BARBARA INN LW LODGING: APA CONF: WATSON, L. 581.90 021307 SANTA BARBARA INN LW LODGING: APA CONF: TOMA, S. 514.58 021307 SANTA BARBARA INN LW LODGING: APA CONF: YOUMAS, G. 514.58 004978 LOS ANGELES TIMES LW SUBSCRIPTION: PLANNING 7.96 021307 SANTA BARBARA INN LW LODGING: APA CONF: CARDENAS, 514.58 J. 021307 SANTA BARBARA INN LW LODGING: APA CONF: WATTS 912.11 021307 SANTA BARBARA INN LW LODGING: APA CONF: FISK, S. 514.58 021307 SANTA BARBARA INN LW LODGING: APA CONF: GUERREIRO, 912.11 R. 020536 WALL STREET JOURNAL LW ONLINE MBRSHP SUBSCRIPTION: 143.24 WATSON 020370 BEENVERIFIED.COM LW DIGITAL SUBSCRIPTION: CODE 52.45 ENFORCEMEN 021148 WEX BANK LW FUEL FOR CITY VEHICLES: 40.79 5,223.46 PLANNING 7632 11/21/2019 006887 UNION BANK OF CALIFORNIA 014115 GAMBLING COWBOY RO RFRSHMNTS: CITY CNCL CLOSED 217.50 CHOPHOUSE, THE SESS 000210 LEAGUE OF CALIF CITIES RO WEBINAR REGISTRATION: JOHL, 25.00 RANDI 021453 SACRAMENTO BEE RO SUBSCRIPTION: ONLINE DIGITAL 12.99 255.49 7635 11/22/2019 006887 UNION BANK OF CALIFORNIA 019630 SACRAMENTO INT'LAIRPORT RG RFRSHMNTS: CONFERENCE 66.57 007987 WALMART RG SUPPLIES: HELP CTR 61.18 127.75 7646 11/25/2019 006887 UNION BANK OF CALIFORNIA 020829 MURRIETA CHAMBER OF ZS WILDOMAR STATE OF THE 25.00 COMMERCE CITY:SCHWANK 021519 LONG BEACH CONVENTION ZS PARKING FEE: CONF IN LONG 15.00 CTR BEACH 001060 HYATT ZS LODGING: LOCC ANNUAL CONF: 515.98 SCHWANK 001264 COSTCO TEMECULA 491 ZS RFRSHMNTS: RTA SW MTG 10/23 46.16 001264 COSTCO TEMECULA 491 ZS RFRSHMNTS: RTA SW MTG 10/23 54.10 656.24 Page:1 apChkLst Final Check List Page: 2 12/05/2019 9:30:07AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 7647 11/25/2019 006887 UNION BANK OF CALIFORNIA 001060 HYATT 7648 11/25/2019 006887 UNION BANK OF CALIFORNIA 020829 MURRIETA CHAMBER OF COMMERCE (Continued) Description Amount Paid Check Total MR LODGING: LOCC ANNUAL CONF: 618.48 618.48 RAHN JS WILDOMAR STATE OF THE 25.00 25.00 CITY:STEWART Paget apChkLst Final Check List Page: 3 12/05/2019 9:30:07AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 7649 11/26/2019 006887 UNION BANK OF CALIFORNIA 001526 MICHAELS STORES INC 007051 RALPHS 008123 JOANN ETC 001060 HYATT 007028 AMERICAN AIRLINES 007028 AMERICAN AIRLINES 020953 LYFT 020953 LYFT 020953 LYFT 020953 LYFT 020953 LYFT 020953 LYFT 020953 LYFT 020829 MURRIETA CHAMBER OF COMMERCE 020829 MURRIETA CHAMBER OF COMMERCE 001264 COSTCO TEMECULA 491 021539 EINSTEIN BROS, DBA CARIBOU 019826 CLAREMONT MCKENNA COLLEGE 001256 MARRIOTT HOTEL 021533 BAJO SEXTO TACO 021534 MUSIC CITY CENTER 017899 HAVANA FOODS, INC 001256 MARRIOTT HOTEL 006942 ONTARIO AIRPORT PARKING LOT 001256 MARRIOTT HOTEL (Continued) Description Amount Paid Check Total AA MISC SUPPLIES: CITY MANAGER'S 44.01 OFC AA RFRSHMNTS: FVP KICK OFF EVENT 317.39 11/7 AA MISC SUPPLIES: CITY MANAGER'S 11.38 OFC AA LODGING: LOCC CONFERENCE 515.98 AAAIRLINE: BAGGAGE CHECK: 30.00 ADAMS AAAIRLINE: BAGGAGE CHECK: 30.00 ADAMS AATRANSP: ICMACONF 10/21-10/23 34.01 AATRANSP: ICMACONF 10/21-10/23 16.86 AATRANSP: ICMACONF 10/21-10/23 11.27 AATRANSP: ICMACONF 10/21-10/23 9.38 AATRANSP: ICMACONF 10/21-10/23 20.63 AATRANSP: ICMACONF 10/21-10/23 11.07 AATRANSP: ICMACONF 10/21-10/23 13.21 AA WILDOMAR STATE OF THE CITY: 25.00 ADAMS AA WILDOMAR STATE OF THE CITY: 25.00 LOWREY AA RFRSHMNTS: FVP KICK OFF EVENT 29.94 11/7 AA RFRSHMNTS: LOCC CONFERENCE 11.10 �.Y11 IT/Will Keb-11III f-A1F91[971111111�7\� AA RFRSHMNTS: ICMA CONF 26.94 10/21-10/23 AA RFRSHMNTS: ICMA CONF 22.94 10/21-10/23 AA RFRSHMNTS: ICMA CONF 14.16 10/21-10/23 AA RFRSHMNTS: STAFF REIMBS'D: 41.11 C I TY ATTY AA RFRSHMNTS: ICMA CONF 22.12 10/21-10/23 AA PARKING: ICMA CONF 10/21-10/23 105.00 AA LODGING: ICMA CONFERENCE 1,362.50 10/21-23 Page:3 apChkLst Final Check List Page: 4 12/05/2019 9:30:07AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 007286 NASHVILLE INTERNATIONAL AIRPRT 001264 COSTCO TEMECULA 491 008669 VONS 012881 4IMPRINT INC, DBA NELSON MARKETING 021040 GOPRO.COM 021535 BATTER UP BAKERY TEMECULA 021530 SHANNON'S ON PINE 021532 DHGATE.COM 001060 HYATT 001060 HYATT AA RFRSHMNTS: ICMA CONF 10/21-10/23 AA RFRSHMNTS: CITY COUNCIL MEETINGS AA RFRSHMNTS: CITY COUNCIL MEETINGS AA SOUVENIRS: KICKOFF EVENT 11/7 AA GOPRO: '20 STATE OF THE CITY PREP AA RFRSHMNTS: FVP KICK OFF EVENT 11/7 AA RFRSHMNTS: LOCC CONF: 10/17 AA SHOVELS- GROUNDBREAKING EVENTS AA RFRSHMNTS: LOCC CONFERENCE AA PARKING: LOCC CONFERENCE Amount Paid Check Total 22.56 56.76 15.40 622.99 652.46 789.00 129.15 112.00 22.80 29.00 5,253.12 Page:4 apChkLst Final Check List Page: 5 12/05/2019 9:30:07AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 7650 11/27/2019 006887 UNION BANK OF CALIFORNIA 021438 PUBLIC RELATIONS SOCIETY OF, AMERICA- I.E. CHAPTER 014885 TEMECULA CATERING 001060 HYATT 015354 FACEBOOK.COM 015354 FACEBOOK.COM 021529 DEARLY BELOVED BAKE SHOP 020952 TNT TRANSPORT, DBA CREATIVE CATERING 021530 SHANNON'S ON PINE 001060 HYATT 021531 GOVERNMENT SOCIAL MEDIA LLC 006937 SOUTHWEST AIRLINES 021477 ECO GREEN CLEANERS 013338 APPLE STORE 008956 PANERA BREAD 008956 PANERA BREAD 021438 PUBLIC RELATIONS SOCIETY OF, AMERICA- I.E. CHAPTER 007990 CHEESECAKE FACTORY 019388 GET ACLUE ROOM ESCAPE 020952 TNT TRANSPORT, DBA CREATIVE CATERING 018583 WHICH WICH 002103 CALIF ASSOCIATION PUBLIC INFO, DBA: CAPIO (Continued) Description Amount Paid Check Total GB CEREMONY REGIST: 160.00 FLETCHER/BORUNDA GB RFRSHMNTS: BROKER'S MEETING 1,672.80 GB PARKING REFUND: LOCC CONF -58.00 GB FACEBOOK PROMOTING CITY 1.05 GOVERNMENT GB FACEBOOK PROMOTING CITY 3.00 GOVERNMENT GB RFRSHMNTS: FRENCH VALLEY 400.00 EVENT GB RFRSHMNTS: MANUFACTURER'S 255.00 EVENT DPST GB RFRSHMNTS: LOCC MTG 10/17 103.00 e7.yl[i]�Ze710[eAl[iZKKKiP►I�� 7�0Cy :��I? GB CONF REGISTRATION: BORUNDA, 695.00 B. GB AIRFARE: GOVT SOCIAL MEDIA 229.00 CONF: GB DRY CLEAN SVC: TABLE CLOTHS 47.52 GB ADD'L PHONE STORAGE: BEMOLL, 0.99 B. GB RFRSHMNTS: CONSTRUCTION 112.77 PRGM GB RFRSHMNTS: CONSTRUCTION 106.46 PRGM GB CEREMONY REGIST: 80.00 KRAMER/DAYKA GB RFRSHMNTS: ECO DEV TEAM 151.00 BUIDLING GB ECO DEV TEAM BUILDING 170.00 GB RFRSHMNTS: MANUFACTURER'S 255.00 EVENT GB RFRSHMNTS: EDC DIRECTOR'S 131.83 MTG GB SOCIAL MEDIA WORKSHOP: 60.00 BORUNDA 5,231.40 Page:5 apChkLst Final Check List Page: 6 12/05/2019 9:30:07AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 7651 11/29/2019 006887 UNION BANK OF CALIFORNIA 000210 LEAGUE OF CALIF CITIES 004978 LOS ANGELES TIMES 021060 LOS ANGELES TIMES, DBA LATIMES.COM 000254 PRESS ENTERPRISE COMPANY INC 7652 11/29/2019 018858 FRONTIER CALIFORNIA INC 7653 11/29/2019 018858 FRONTIER CALIFORNIA INC 7654 11/25/2019 010276 TIME WARNER CABLE 7655 11/25/2019 010276 TIME WARNER CABLE 7656 11/25/2019 010276 TIME WARNER CABLE 7657 11/27/2019 010276 TIME WARNER CABLE 7658 11/29/2019 010276 TIME WARNER CABLE 7659 11/29/2019 010276 TIME WARNER CABLE 7660 11/29/2019 010276 TIME WARNER CABLE 7661 11/15/2019 000537 SO CALIF EDISON 7662 11/15/2019 000537 SO CALIF EDISON 7663 11/15/2019 000537 SO CALIF EDISON 7664 11/15/2019 000537 SO CALIF EDISON 7665 11/15/2019 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total LW REGISTRATION: WEBINAR: 25.00 PLANNING LW SUBSCRIPTION: PLANNING 7.96 LW EMAIL NEWPAPER SUBSCRIPTION 7.96 LW SUBSCRIPTION: PLANNING 115.02 155.94 NOV INTERNET SVCS-SKATE PARK & 202.13 202.13 MPSC NOV INTERNET SVCS-CITY HALL 295.98 295.98 NOV INTERNET SVCS- 42569 586.83 586.83 MARGARITA RD NOV INTERNET SVCS-30875 RANCHO 586.83 586.83 VISTA RD NOV INTERNET SVCS-30600 PAUBA RD 594.88 594.88 NOV INTERNET SVCS-41000 MAIN ST 46.48 46.48 NOV INTERNET SVCS-32380 DEER 586.83 586.83 HOLLOW WAY NOV INTERNET SVCS-28922 PUJOL ST 586.83 586.83 NOV INTERNET SVCS-41845 6TH ST 586.83 586.83 OCT 2-30-066-2889 30051 RANCHO 11.53 11.53 VISTA RD OCT 2-40-765-3021 28916 PUJOL ST 37.40 37.40 OCT 2-40-765-3179 28922 PUJOL ST 81.32 81.32 OCT 2-02-351-5281 30875 RANCHO 4,657.19 4,657.19 VISTA RD OCT 2-05-791-8807 31587 TEM PKWY 7,902.04 7,902.04 Page6 apChkLst Final Check List Page: 7 12/05/2019 9:30:07AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 7666 11/19/2019 000537 SO CALIF EDISON 7667 11/19/2019 000537 SO CALIF EDISON 7668 11/19/2019 000537 SO CALIF EDISON 7669 12/02/2019 018858 FRONTIER CALIFORNIA INC 7670 12/02/2019 018858 FRONTIER CALIFORNIA INC 7671 12/02/2019 018858 FRONTIER CALIFORNIA INC 7672 11/18/2019 000537 SO CALIF EDISON 7673 11/18/2019 000537 SO CALIF EDISON 7674 11/18/2019 000537 SO CALIF EDISON 7675 11/18/2019 000537 SO CALIF EDISON 7676 11/18/2019 000537 SO CALIF EDISON 7677 11/21/2019 000262 RANCHO CALIF WATER DISTRICT 7678 11/27/2019 007282 AMAZON COM INC, SYNCB/AMAZON 7679 11/18/2019 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total OCT 2-33-237-4818 30499 RANCHO CAL 107.99 107.99 OCT 2-26-887-0789 40233 VILLAGE RD 1,926.24 1,926.24 OCT 2-00-397-5059 33340 CAMINO 10,082.56 10,082.56 PIEDRA NOV INTERNET SVCS-SENIOR 150.98 150.98 CENTER NOV INTERNET SVCS-CITY HALL 2,867.95 2,867.95 NOV INTERNET SVCS-CITY HALL 5,425.84 5,425.84 OCT2-29-223-9571 30395 MURRI ETA 21.12 21.12 HOT SPR OCT 2-31-419-2659 26706 YNEZ RD 125.06 125.06 OCT 2-29-974-7899 26953 YNEZ RD 152.48 152.48 OCT 2-30-608-9384 28582 HARVESTON 414.44 414.44 DR OCT 2-36-171-5626 BUTTERFIELD STG 26,148.28 26,148.28 RD OCT WATER 3005020 28640 PUJOL ST 49,458.75 49,458.75 MISC SUPPLIES: CITY CLERK 5.27 SUPPLIES:SISTER CITY 95.25 MISC SUPPLIES: CITY CLERK 19.04 MISC SUPPLIES: CITY CLERK 16.10 MISC SUPPLIES: CITY CLERK 13.88 BOOKS:LIBRARY 411.47 561.01 OCT 2-28-171-2620 40820 424.09 424.09 WINCHESTER RD Page:? apChkLst 12/05/2019 9:30:07AM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 7680 11/18/2019 007282 AMAZON COM INC, MISC OFC SUPPLIES: CITY MGR'S OFC -57.80 SYNCB/AMAZON MISC OFC SUPPLIES: CITY MANAGER'S -3.99 MISC EQUIPMENT - STA 84 FIRE 98.40 MISC OFC SUPPLIES: TPL -1.77 MISC OFC SUPPLIES: FIRE 14.32 MISC OFC SUPPLIES: POLICE -91.57 TEAM PACE- SUPPLIES VARIOUS EVENI 34.95 SUPPLIES:ACE PROGRAMS 127.52 120.06 7681 12/05/2019 000194 ICMARETIREMENT-PLAN ICMA-RC RETIREMENT TRUST457 1,158.27 1,158.27 303355 PAYMENT 7682 12/05/2019 000444 INSTATAX (EDD) STATE TAXES PAYMENT 8,850.37 8,850.37 7683 12/05/2019 000283 INSTATAX (IRS) FEDERAL TAXES PAYMENT 26,842.59 26,842.59 7684 12/05/2019 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 2,304.50 2,304.50 SOLUTION 7685 12/03/2019 001986 MUZAK LLC DEC DISH NETWORK: 41952 6TH ST 56.10 56.10 7686 12/03/2019 001986 MUZAK LLC DEC DISH NETWORK: 43230 BUS PARK 161.27 161.27 DR 7687 11/25/2019 002390 EASTERN MUNICIPAL WATER OCT WATER 31991 RORIPAUGH 1,303.45 1,303.45 DIST VALLEY RD 7688 11/25/2019 002390 EASTERN MUNICIPAL WATER OCT WATER 31991 RORIPAUGH 102.64 102.64 DIST VALLEY RD 7689 11/21/2019 001212 SO CALIF GAS COMPANY OCT 091-085-1632-0 41951 MORAGA RD 800.09 800.09 7690 11/25/2019 000537 SO CALIF EDISON OCT 2-30-099-3847 29721 RYECREST 11.33 11.33 7691 11/25/2019 000537 SO CALIF EDISON OCT 2-29-974-7568 26953 YNEZ RD 120.75 120.75 7692 11/25/2019 000537 SO CALIF EDISON OCT 2-31-693-9784 26036 YNEZ RD 333.17 333.17 7693 12/04/2019 000621 WESTERN RIVERSIDE SEMI-ANNL PMT-STREETLIGHT 20,072.61 20,072.61 COUNCIL OF, GOVERNMENTS ACQUISITION PR (WRCOG) Page:8 apChkLst Final Check List Page: 9 12/05/2019 9:30:07AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 198805 12/02/2019 010046 TV CONVENTION &VISITORS SEP'19 IMPRV DISTRICTASMNTS BUREAU, DBA VISIT TEMECULA VALLEY 198806 12/04/2019 021505 BRODERSON, JOHN 25TH ANNIV SISTER CITY FRIENDSHIP EVENT 198807 12/05/2019 001517 AETNA BEHAVIORAL HEALTH CREDIT: BILLING ADJ - DEDUCTING 4 LLC, DBAAETNA RESOURCES DEC EMPLOYEE ASSISTANCE PGRM: HF 198808 12/05/2019 010905 ALLIED TRAFFIC & LIGHT TOWER RENTALS:RRSP PUMP EQUIPMENT, RENTALS INC TRACK 198809 12/05/2019 013015 ALWAYS RELIABLE BACKFLOW REPAIRS: BACKFLOW, AKA NANETTE MPSC/PARKS/FACS SEMAN BACKFLOW REPAIRS: PARKING GARAGI BACKFLOW REPAIRS: PARKS & FACILITI 198810 12/05/2019 004240 AMERICAN FORENSIC NURSES PHLEMBOTOMY SRVCS:TEMECULA AFN POLICE 198811 12/05/2019 021383 AMERICAN RAMP COMPANY RRSP PUMP TRACK: PW - CIP INC 198812 12/05/2019 000936 AMERICAN RED CROSS, LIFEGUARD HEALTH AND SAFETY SVCS CERTIFICATION:AQUATICS 198813 12/05/2019 004623 AQUA SOURCE INC POOL SUPPLIES: VARIOUS FACILITIES 198814 12/05/2019 019709 BAGDASARIAN, NADYA REIMB: TEAM PACE 198815 12/05/2019 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS:RHRTPL BOOK COLLECTIONS:RHRTPL 198816 12/05/2019 018101 BARN STAGE COMPANY INC STTLMNT: CABARET AT THE MERC 11 /24 198817 12/05/2019 017788 BARTEL ASSOCIATES LLC OPEB CONSULTING SVCS:FINANCE DEPT 198818 12/05/2019 004248 CALIF DEPT OF DEC 17 BLOOD & ALCOHOL ANALYSIS: JUSTICE-ACCTING POLICE OCT BLOOD & ALCOHOL ANALYSIS: TEN 198819 12/05/2019 021054 CANTRELL, TINA J. TCSD INSTRUCTOR EARNINGS Amount Paid Check Total 139, 543.41 139, 543.41 4,811.25 4,811.25 -17.60 1,328.80 1,311.20 760.00 760.00 81.00 81.00 1,928.00 2,090.00 774.00 774.00 190, 303.73 190, 303.73 759.00 759.00 1,688.89 1,688.89 483.83 483.83 162.97 127.42 290.39 1,004.50 1,004.50 2,142.00 2,142.00 35.00 1,015.00 1,050.00 140.00 140.00 Page9 apChkLst Final Check List Page: 10 12/05/2019 9:30:07AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 198820 12/05/2019 021349 CASA CENTER AGAINST SART EXAMS: TEM SHERIFF SEXUAL, ASSAULT OF SW RIV CO 198821 12/05/2019 004462 CDW LLC, DBA CDW MISC SMALL TOOLS & EQUIPJNFO GOVERNMENT LLC TECH MISC SMALL TOOLS & EQUIP:INFO TECF MISC SMALL TOOLS & EQUIP:INFO TECF WEB CAMS:INFO TECH MISC SMALL TOOLS & EQUIPJNFO TECF MICROSOFT ENT LICENSE RENEWAL:IN 198822 12/05/2019 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES: VARIOUS DIST PARKS 198823 12/05/2019 021230 CONSOLIDATED ELECTRICAL WRCOG STREET LIGHT DISTR, DBA CALIF ELECTRIC IMPLEMENTATION SUPPLY 198824 12/05/2019 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 198825 12/05/2019 004329 COSTCO TEMECULA 491 SUPPLIES:CONTRACT CLASSES 198826 12/05/2019 010650 CRAFTSMEN PLUMBING & PLUMBING REPAIRS: HARVESTON HVAC INC 198827 12/05/2019 001393 DATATICKET INC, DBA OCT PARKING CITATION PROCESSING: REVENUE EXPERTS POLICE 198828 12/05/2019 012600 DAVID EVANS AND JUL DSGN SVCS:PW13-09 TPL ASSOCIATES INC PARKING 198829 12/05/2019 020977 DEBRA GAYLE DESIGNS ANNUAL PLEIN AIR AWARD: TVM 198830 12/05/2019 020648 DG INVESTMENT HOLDINGS 2 ENTRY INTERCOM STATIONS & INC, CONVERGINT CABLING:FOC TECHNOLOGIES 198831 12/05/2019 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOM: RIVERTON SRVCS PARK PORTABLE RESTROOM: LONG CANYON PORTABLE RESTROOM: LA SERENA WA PORTABLE RESTROOM: VAIL RANCH PA 198832 12/05/2019 019720 DIVERSIFIED WATERSCAPES NOV WTR QUALITY MAINT: VARI INC LOCATIONS Amount Paid Check Total 300.00 395.63 285.74 259.95 776.74 28.02 187,139.68 99.28 881,829.83 872.20 872.20 186.58 680.00 717.48 1,318.05 200.00 8,893.56 110.88 110.88 110.88 165.88 6,969.00 300.00 188,885.76 99.28 881,829.83 1,744.40 186.58 680.00 717.48 1,318.05 200.00 8,893.56 498.52 6,969.00 Page:10 apChkLst 12/05/2019 9:30:07AM Final Check List CITY OF TEMECULA Page: 11 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 198833 12/05/2019 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: POLICE 88.19 DEPT NOV FUEL FOR CITY VEHICLES: POLICE 39.03 OCT FUEL FOR CITY VEHICLES: POLICE 68.52 195.74 198834 12/05/2019 018098 ELITE CLAIMS MANAGEMENT DEC 19 3RD PARTY CLAIM ADMIN: 1,250.00 1,250.00 INC WRKRS COM 198835 12/05/2019 021157 ENDURING FITNESS 41-1 TCSD INSTRUCTOR EARNINGS 175.00 175.00 198836 12/05/2019 001056 EXCEL LANDSCAPE INC NOV LDSCP MAINT: SLOPES PW 40,615.26 NOV LDSCP MAINT: MEDIANS 21,133.27 NOV LDSCP MAINT: PARKS/MEDIANS PV 58,921.01 NOV OVERLAND EXTENSION PROJ LDS, 300.00 NOV LDSCP MAINT SLOPES: PW 24,635.75 NOV LDSCP MAINT: CITY FACS 13,379.15 NOV LDSCP MAINT: PARKS/MEDIANS PV 57,870.52 216,854.96 198837 12/05/2019 000165 FEDERAL EXPRESS INC 10/17-10/25 EXP MAIL SVC: CLERK & 31.01 INFO 11/7 EXP MAIL SVCS: CITY CLERK 13.06 44.07 198838 12/05/2019 003747 FINE ARTS NETWORK AKA TIX SALES ADVANCE: NUTCRACKER 10,000.00 10,000.00 THEATRE, CO AND BALLET BALLET THEATER 198839 12/05/2019 003946 G T ENTERTAINMENT, AKA ENTERTAINMENT - HIGH HOPES 350.00 350.00 GEOFFREY GAIER THANKSGIVING 198840 12/05/2019 013076 GAUDETYVONNE M, DBA YES TCSD INSTRUCTOR EARNINGS 369.60 369.60 YOU CAN DRAW 198841 12/05/2019 021365 GEORGE HILLS COMPANY INC NOV CLAIM ADJUSTER SVCS: HR 5,900.00 OCT CLAIM ADJUSTER SVCS: HR 751.00 6,651.00 198842 12/05/2019 009608 GOLDEN VALLEY MUSIC STTLMNT: CLASSIC AT THE MERC: 689.50 689.50 SOCIETY, DBA CA CHAMBER NOV'19 ORCHESTRA 198843 12/05/2019 019721 GOVCONNECTION INC COMPUTER LIFECYCLE 37,192.40 37,192.40 REPLACEMENT:INFO TECH 198844 12/05/2019 014658 GREAT OAK ACADEMIC, REFUND: SEC DEPOSIT CRC 11/21/19 200.00 200.00 LEADERSHIP SOCIETY GOALS 198845 12/05/2019 015451 GREATAMERICA FINANCIAL NOV LEASE FOR 6 COPIERS:LIBRARY 793.89 793.89 SVCS Page:11 apChkLst Final Check List Page: 12 12/05/2019 9:30:07AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 198846 12/05/2019 000186 HANKS HARDWARE INC 198847 12/05/2019 012748 HARDY AND HARPER INC (Continued) Description MAINT SUPPLIES: CIVIC CTR SMALL TOOLS: CIVIC CTR MAINT SUPPLIES: VARI PARKS MISC MAINT SUPPLIES: CIVIC CTR MISC SUPPLIES FOR PW STREET MAINI MAINT SUPPLIES: CRC MAINT SUPPLIES: CRC MISC MAINT SUPPLIES: MPSC MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: VARI PARKS MAINT SUPPLIES: VARI PARKS MAINT SUPPLIES: VARI PARKS MAINT SUPPLIES: VARI PARKS MAINT SUPPLIES: VARI PARKS MISC MAINT SUPPLIES: FOC MISC SUPPLIES FOR PW STREET MAINI HARDWARE SUPPLIES STA 92 FIRE HARDWARE SUPPLIES: BC FIRE MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: CRC RET RELEASE: PW18-10 PAVEMENT REHAB 198848 12/05/2019 019017 HEWLETT PACKARD LEASE/PURCH OF TECH FINANCIAL, SERVICES INFRASTRUCTURE:IT COMPANY 198849 12/05/2019 010210 HOME DEPOT SUPPLY INC MAINTE SUPPLIES: PW STREETS MISC TOOLS: CIVIC CTR: PW 198850 12/05/2019 009693 INLAND VALLEY CLASSICAL STTLMNT: NUTCRAKER BALLET 11/23 BALLET & 11/24 198851 12/05/2019 016490 INSOCAL CONNECT ECO RESOURCES: WORKFORCE DEV 198852 12/05/2019 019085 INTERPRETERS UNLIMITED INTERPRETER SVC: TEM SHERIFF INC 198853 12/05/2019 004119 J T B SUPPLY COMPANY INC TRAFFIC SIGNAL EQUIP: PW TRAFFIC 198854 12/05/2019 019293 KITTRICH CORPORATION K9 FOOD: TEMECULA POLICE 198855 12/05/2019 019691 L C PAVING AND SEALING INC SEP PRGS:PECH.PKWY WIDENING, 15-14 Amount Paid Check Total 48.67 304.48 81.16 71.70 113.13 4.13 32.45 5.44 19.34 39.05 23.89 13.02 81.39 340.32 43.45 408.08 31.69 67.64 183.96 94.90 68,517.82 75,151.94 451.81 2,076.62 6,576.53 200.00 38.00 1,050.44 94.50 357,047.87 2,007.89 68,517.82 75,151.94 2,528.43 6,576.53 200.00 38.00 1,050.44 94.50 357,047.87 Page:12 apChkLst Final Check List Page: 13 12/05/2019 9:30:07AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 198856 12/05/2019 000482 LEIGHTON CONSULTING INC OCT GEOTECH SVCS:PUMP TRACK, PW18-04 10/1-11/10 GEOTECH SVCS:BTRFLD III, 1 OCT GEOTECH SVCS: PW13-09 TPL PAR 198857 12/05/2019 004905 LIEBERT, CASSIDY AND OCT HR LEGAL SVCS FOR WHITMORE TE060-00001 198858 12/05/2019 003726 LIFE ASSIST INC EMERGENCY MEDICAL EQUIP: MEDIC EMERGENCY MEDICAL EQUIP: MEDIC 198859 12/05/2019 015953 LLOYD'S DESIGNS DESIGN SVCS:TCSD 198860 12/05/2019 021172 LYLE PARKS JR REFUND: TUMF 3,000 SQ FT CONSTRUCTION DEDUCTION 198861 12/05/2019 013982 M C I COMM SERVICE NOV XXX-0714 GEN USAGE: PD MALL ALARM NOV XXX-0346 GENERAL USAGE 198862 12/05/2019 003782 MAIN STREET SIGNS, DBA CITY STREET SIGNAGE: PW STREET ATHACO INC MAINT CITY STREET SIGNAGE: PW STREET MP VARIOUS PARK SIGNS & SUPPLIES 198863 12/05/2019 018314 MICHAEL BAKER 9130-11/3 PROF SVCS:PECH.PKWY, INTERNATIONAL PW15-14 APR ENG/DSGN SVCS:PUMP TRACK,PW 198864 12/05/2019 012264 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 198865 12/05/2019 004040 MORAMARCO, ANTHONY J, TCSD INSTRUCTOR EARNINGS DBA BIGFOOT GRAPHICS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS GRAPHIC DESIGN: ACTIVITY GUIDE 198866 12/05/2019 002925 NAPAAUTO PARTS MISC SUPPLIES: PW STREET MAINT MISC SUPPLIES: PW STREET MAINT 198867 12/05/2019 018099 NATIONAL SAFETY DOT TESTING: HR COMPLIANCE INC 198868 12/05/2019 015164 NATURES IMAGE INC 198869 12/05/2019 019331 NELSON, BARBARA NOV ENVIRON MITIGATION:PECH.PKWY, 11-01 ANNUAL PLEIN AIR AWARD: TVM Amount Paid Check Total 4,946.40 31,914.70 5,971.30 42,832.40 874.00 874.00 409.44 34.28 443.72 1,500.00 1,500.00 1,814.27 1,814.27 37.13 35.31 72.44 214.96 4,056.95 121.20 4,393.11 688.50 10,640.62 11,329.12 569.25 724.50 218.40 1,512.15 252.00 735.00 126.00 1,800.00 2,913.00 67.17 33.67 100.84 88.87 88.87 3,019.96 3,019.96 75.00 75.00 Page:13 apChkLst Final Check List Page: 14 12/05/2019 9:30:07AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 198870 12/05/2019 021121 OCCUPATIONAL HEALTH CTR MEDICAL SCREENINGS: HR OF CA, DBA CONCENTRA MEDICAL CTR 198871 12/05/2019 019839 O'CONNOR, DENISE TCSD INSTRUCTOR EARNINGS 198872 12/05/2019 003964 OFFICE DEPOT BUSINESS SVS SUPPLIES: HR DIV 198873 12/05/2019 002105 OLD TOWN TIRE AND SERVICE VEH REPAIR & MAINT: BLDG & SAFETY 198874 12/05/2019 002105 OLD TOWN TIRE AND SERVICE VEH REPAIR & MAINT: TCSD-SPORTS/PARK 198875 12/05/2019 002105 OLD TOWN TIRE AND SERVICE VEH REPAIR & MAINT: FIRE 198876 12/05/2019 002105 OLD TOWN TIRE AND SERVICE VEH REPAIR & MAINT: PW-STREET 198877 12/05/2019 021452 PACIFIC TRUCK EQUIPMENT SUPPLIES:PW-LED LIGHTS/RACK INC 198878 12/05/2019 000249 PETTY CASH PETTY CASH REIMBURSEMENT 198879 12/05/2019 010338 POOL & ELECTRICAL SUPPLIES: POOL FACILITIES PRODUCTS INC 198880 12/05/2019 012904 PRO ACTIVE FIRE DESIGN NOV PLAN REVIEW SVC: FIRE PREV AND, CONSULTING 198881 12/05/2019 011952 RAID HATTER, THE, AKA SUPPLIES:TCSD-NEW YEAR'S EVE ANTONIO MELENDEZ 12/31 198882 12/05/2019 021536 RAMOS, EMLYN REFUND: SEC DEPOSIT CRC 11/23/19 198883 12/05/2019 000406 RIVERSIDE CO SHERIFFS 9/1-10/31 YOUTH COURT SERVICES DEPT 198884 12/05/2019 012251 ROTH, DONALD J TCSD INSTRUCTOR EARNINGS 198885 12/05/2019 021055 SAMS, ANDREA LAUREN TCSD INSTRUCTOR EARNINGS 198886 12/05/2019 000278 SAN DIEGO UNION -TRIBUNE OCT PUBLIC NTCS: CITY CLERK/PLNG Amount Paid Check Total 32.50 32.50 140.00 140.00 253.46 253.46 1,610.52 1,610.52 947.87 947.87 374.65 374.65 225.65 225.65 3,133.89 3,133.89 809.67 809.67 300.48 300.48 13,172.20 13,172.20 660.00 660.00 200.00 200.00 425.57 425.57 147.00 147.00 70.00 70.00 1,037.64 1,037.64 Page:14 apChkLst 12/05/2019 9:30:07AM Final Check List CITY OF TEMECULA Page: 15 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 198887 12/05/2019 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY:COUNCIL-FV 150.00 PRESTON PKWY/1-15 PHOTOGRAPHY:COUNCIL-FV PKWY/1-15 150.00 PHOTOGRAPHY:PU'ESKA MOUNTAIN DA 200.00 500.00 198888 12/05/2019 021537 SHALHOUB MANAGEMENT REFUND: SEC DEPOSIT TCC 11/21/19 200.00 200.00 COMPANY 198889 12/05/2019 020890 SHANE ADAM ANDERSON, DBA RFRSHMNTS:TCSD-BRKFST W-SANTA 4,059.00 4,059.00 ANDERSON CATERING SVC 12/14 198890 12/05/2019 009213 SHERRY BERRY MUSIC TIX: JAZZ @ THE MERC 11/21 615.00 615.00 198891 12/05/2019 013695 SHRED -IT US JV LLC, DBA: SEP DOC SHRED SVC: CITY DEPTS 126.22 SHRED -IT USA LLC OCT DOC SHRED SVC: CITY DEPTS 802.12 10/28,11/11 DOC SHRED SVCS: TEM POL 40.22 968.56 198892 12/05/2019 000519 SOUTH COUNTY PEST PEST CTRL SVCS: PBSP 70.00 CONTROL INC PEST CTRL SVCS: WOLF CREEK PARK 49.00 PEST CTRL SVCS: FIRE STA 95 80.00 199.00 198893 12/05/2019 009379 SOUTHWEST WOMEN'S 20TH ANNL "XMAS IN AIR" CONCERT 948.19 948.19 CHORUS 12/1 198894 12/05/2019 000293 STADIUM PIZZA INC RFRSHMNTS: WORKFORCE 96.51 PROGRAM RFRSHMNTS: WORKFORCE PROGRAM 79.78 RFRSHMNTS:HUMAN SVCS-YOUTH ADV 200.00 376.29 198895 12/05/2019 018844 STANTEC CONSULTING OCT CONSULT SVCS:BTTRFLD STG 10,861.50 10,861.50 SERVICES RD-PW1511 198896 12/05/2019 003000 STATE WATER RESOURCE 10/1/19-9/30/20 PERMIT FEE:PH I MS4 35,577.00 35,577.00 CONTROL, BOARD 198897 12/05/2019 009452 STRAWN, WILLIAM R REIMB: SUPPLIES FOR THEATER 545.96 545.96 198898 12/05/2019 010679 TEMECULAAUTO VEH REPAIR & MAINT: TCSD 2,313.68 2,313.68 REPAIR/RADIATOR, DBAAUTO ENTERPRISE INC 198899 12/05/2019 014885 TEMECULA CATERING RFRSHMNTS:HR-EMPQRTRLY 5,187.50 5,187.50 LUNCHE 12/05 198900 12/05/2019 003677 TEMECULA MOTORSPORTS VEH REPAIR & MAINT: TEM POLICE 231.30 231.30 LLC 198901 12/05/2019 000919 TEMECULA VALLEY UNIFIED TRANSPORT: RBBN CUT-RIVERTON 73.50 73.50 SCHOOL, DISTRICT PK 11/6 Page:15 apChkLst Final Check List Page: 16 12/05/2019 9:30:07AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 198902 12/05/2019 003849 TERRYBERRY COMPANY SERVICE AWARDS: HR SERVICE AWARDS: HR 198903 12/05/2019 013474 TOWN & COUNTRY TOWING TOWING SVCS: TEM POLICE 198904 12/05/2019 021462 TIPS FOUNDATION INC MAMMA MIA:MUSICAL 11/22-24 198905 12/05/2019 018556 TRAUB NORMAN, DBA PERSONNEL INVESTIGATIONS: HR NORMAN A TRAUB ASSOC 198906 12/05/2019 000161 TYLER TECHNOLOGIES, INC JAN-DEC 2020 MYCIVIC SOFTWARE SUBSCR 198907 12/05/2019 002702 U S POSTAL SERVICE SEP'19 POSTAGE METER DEPOSIT OCT'19 POSTAGE METER DEPOSIT 198908 12/05/2019 007766 UNDERGROUND SERVICE OCT DIG SAFE BOARD BLLBLE ALERT, OF SOUTHERN TCKTS:PW-TFFC CALIFORNIA 198909 12/05/2019 008977 VALLEY EVENTS INC RENTALS:TEMECULA 30TH ANNIV 12/1 198910 12/05/2019 020850 VARIABLE SPEED SOLUTIONS REPAIR FOUNTAIN: DUCK POND INC 198911 12/05/2019 011114 VERBANIC, CARL, DBA CARL'S RFRSHMNTS: TEMECULA 30 ANNIV HAWAIIAN SHAVE 12/1 198912 12/05/2019 007208 VINCES SPAGHETTI EXPRESS RFRSHMNTS: HSVCS-SKIP HOLIDAY 12/11 198913 12/05/2019 008668 WES FLOWERS 11/13 SUNSHINE FUND 198914 12/05/2019 003730 WEST COAST ARBORISTS INC 10/16-10/31 TREE MAINT: CITY R-O-W 10/16-10/31 TREE MAINT: CROWNE HILL 10/16-10/31 TREE MAINT: HARVESTON 10/16-10/31 TREE MAINT: VINTAGE HILLS 198915 12/05/2019 000339 WEST PUBLISHING OCT CLEAR LAW ENFORCEMENT CORPORATION, PLUS:POLICE DBA:THOMSON REUTERS 198916 12/05/2019 013286 WEST SAFETY SERVICES INC NOV ENTERPRISE 911 SVC: IT 198917 12/05/2019 021148 WEX BANK VOID - 10/7-11/6 FUEL USAGE: POLICE Amount Paid Check Total 185.06 2,702.68 2,887.74 675.00 675.00 3,483.27 3,483.27 3,653.20 3,653.20 6,000.00 6,000.00 1,306.15 2,254.58 3,560.73 128.13 128.13 1,270.00 1,270.00 1,405.39 1,405.39 5,925.00 5,925.00 380.47 380.47 61.43 61.43 16,162.90 127.80 567.00 283.50 17,141.20 893.00 893.00 600.00 600.00 0.00 0.00 Page:16 apChkLst Final Check List Page: 17 12/05/2019 9:30:07AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 198918 12/05/2019 003776 ZOLL MEDICAL CORPORATION, GPO (Continued) Description SUPPLIES: FIRE-MEDIC-AED SUPPLIES: FIRE -MEDIC Amount Paid Check Total 2,712.76 1,808.73 Grand total for UNION BANK: 4,521.49 2, 631, 620.72 Page:17 apChkLst Final Check List Page: 18 12/05/2019 9:30:07AM CITY OF TEMECULA 165 checks in this report. Grand Total All Checks: 2,631,620.72 Page:18 apChkLst Final Check List Page: 1 12/12/2019 3:16:33PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 7636 11/22/2019 006887 UNION BANK OF CALIFORNIA 020812 INSTACART.COM 001256 MARRIOTT HOTEL 001256 MARRIOTT HOTEL 021553 JAV'S BBQ 007282 AMAZON COM INC, SYNCB/AMAZON 009720 STARBUCKS CORPORATION 021554 K & A CAFE 021555 UVA BAR 020812 INSTACART.COM 019267 MONTEREY PLAZA HOTEL & SPA 009720 STARBUCKS CORPORATION 001587 AMERICAN PUBLIC WORKS ASSN. 015534 GOVERNMENT JOBS.COM INC, DBA NEOGOV 016407 LINKEDIN CORPORATION 021552 CULTIVATION KITCHEN 021551 ITE CAREER CENTER 017736 FEAST CALIFORNIA CAFE LLC, DBA CORNER BAKERY CAFE 020812 INSTACART.COM 021556 CITY OFANAHEIM 020812 INSTACART.COM 009720 STARBUCKS CORPORATION 009720 STARBUCKS CORPORATION 7694 12/3/2019 001986 MUZAK LLC Description Amount Paid Check Total IG RFRSHMNTS: SUPERVISOR 171.40 ACADEMY IG LODGING: CONF: CLASS & COMP: 244.98 GARIBAY IG LODGING: CONF: CLASS & COMP: 244.98 OBMANN IG RFRSHMNTS: CONF: CLASS & 25.00 COMP:HR IG SUPPLIES: EVACUATION: EOC 279.68 IG RFRSHMNTS: SUPERVISOR 35.90 ACADEMY IG RFRSHMNTS: CONF: CLASS & 5.37 COMP:HR IG RFRSHMNTS: CONF: CLASS & 70.03 COMP:HR IG RFRSHMNTS: INTERVIEW PANEL 68.28 IG LODGING: CALPERACONF: -263.45 WATSON-CANCEL IG RFRSHMNTS: SUPERVISOR 35.90 ACADEMY IG RECRUITMENT ADVERTISING: 325.00 TRAFFIC ENG IG RECRUITMENT ADVERTISING: 130.00 TRAFFIC ENG IG RECRUITMENT ADVERTISING: 60.43 TRAFFIC ENG IG RFRSHMNTS: CONF: CLASS & 35.02 COMP:HR IG RECRUITMENT ADVERTISING: 495.00 TRAFFIC ENG IG RFRSHMNTS: INTERVIEW PANEL 42.42 10/24 IG RFRSHMNTS: SUPERVISOR 41.95 ACADEMY IG PARKING: CONF: CLASS & COMP: 12.00 HR IG RFRSHMNTS: SUPERVISOR 78.96 ACADEMY IG RFRSHMNTS: SUPERVISOR 35.90 ACADEMY IG RFRSHMNTS: SUPERVISOR 17.95 ACADEMY DEC DISH NETWORK: 32131 155.08 BUTTERFIELD STG 2,192.70 155.08 Page:1 apChkLst Final Check List Page: 2 12/12/2019 3:16:33PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 7695 12/5/2019 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS-FIRE STATION 73 7696 12/5/2019 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS-PUBLIC LIBRARY 7697 12/4/2019 010276 TIME WARNER CABLE NOV INTERNET SVCS-32364 OVERLAND TRL 7698 12/4/2019 010276 TIME WARNER CABLE NOV INTERNET SVCS-40820 WINCHESTER RD 7699 11/29/2019 000537 SO CALIF EDISON NOV 2-28-331-4847 32805 PAUBA RD 7700 11/29/2019 000537 SO CALIF EDISON NOV 2-30-296-9522 46679 PRIMROSE AVE 7701 12/6/2019 014486 VERIZON WIRELESS 10/11 -11 /10 TASK FORCE TABLETS POLICE 7702 11/29/2019 000262 RANCHO CALIF WATER OCT WATER 3002577 29119 DISTRICT MARGARITA RD 7703 12/4/2019 018098 ELITE CLAIMS MANAGEMENT WORKERS COMP CLAIM FUNDS INC 7704 12/6/2019 007282 AMAZON COM INC, OFC SUPPLIES: HR SYNCB/AMAZON OFC SUPPLIES: HR MISC SUPPLIES - EXPLORERS MISC. SUPPLIES: CITY CLERK MISC SUPPLIES: ECON DEV SUPPLIES:HUMAN SVCS PGRMS: TCSD SUPPLIES:HUMAN SVCS PGRMS: TCSD SUPPLIES:SPECIAL EVENTS 7705 11/26/2019 002390 EASTERN MUNICIPAL WATER OCT WATER 32131 S LOOP RD DIST 7706 11/26/2019 002390 EASTERN MUNICIPAL WATER OCT WATER 39656 DIEGO DR DIST 7707 11/26/2019 002390 EASTERN MUNICIPAL WATER OCT WATER 32131 S LOOP RD DIST 7708 11/26/2019 002390 EASTERN MUNICIPAL WATER OCT WATER 32131 S LOOP RD DIST Amount Paid Check Total 121.84 121.84 190.98 190.98 58.99 58.99 586.83 586.83 69.70 69.70 643.81 643.81 449.60 449.60 19,395.23 19,395.23 20,000.00 20,000.00 5.26 239.48 67.42 125.27 48.20 134.32 54.73 65.16 739.84 55.08 55.08 139.05 139.05 195.95 195.95 206.34 206.34 Paget apChkLst 12/12/2019 3:16:33PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 7709 12/2/2019 000537 SO CALIF EDISON NOV 2-35-164-3242 44270 MEADOWS 10.40 10.40 PKWY 7710 12/2/2019 000537 SO CALIF EDISON NOV 2-35-164-3663 42335 MEADOWS 10.62 10.62 PKWY 7711 12/2/2019 000537 SO CALIF EDISON NOV 2-35-164-3515 32932 LEENA WAY 10.62 10.62 7712 12/2/2019 000537 SO CALIF EDISON NOV 2-35-164-3770 43487 11.76 11.76 BUTTERFIELD STG 7713 12/2/2019 000537 SO CALIF EDISON NOV 2-40-576-0232 44173 14.65 14.65 BUTTERFIELD STG 7714 12/2/2019 000537 SO CALIF EDISON NOV 2-21-981-4720 30153 TEM PKWY 16.32 16.32 7715 12/2/2019 000537 SO CALIF EDISON NOV 2-33-357-5785 44747 REDHAWK 26.12 26.12 PKWY 7716 12/2/2019 000537 SO CALIF EDISON NOV 2-41-072-5246 29429 TEM PKWY 30.59 30.59 7717 12/2/2019 000537 SO CALIF EDISON NOV 2-41-072-5394 29429 TEM PKWY 69.89 69.89 7718 12/2/2019 000537 SO CALIF EDISON NOV 2-28-904-7706 32329 OVERLAND 136.95 136.95 TRL 7719 12/2/2019 000537 SO CALIF EDISON NOV 2-34-624-4452 32131 S LOOP RD 1,168.93 1,168.93 7720 12/3/2019 000537 SO CALIF EDISON NOV 2-35-421-1260 41955 4TH ST 9.67 9.67 7721 12/3/2019 000537 SO CALIF EDISON NOV 2-29-657-2787 41638 10.37 10.37 WINCHESTER RD 7722 12/3/2019 000537 SO CALIF EDISON NOV 2-31-419-2873 43000 HWY 395 10.37 10.37 7723 12/3/2019 000537 SO CALIF EDISON NOV 2-34-333-3589 41702 MAIN ST 10.56 10.56 7724 12/3/2019 000537 SO CALIF EDISON NOV 2-29-807-1226 28077 DIAZ RD 10.65 10.65 7725 12/3/2019 000537 SO CALIF EDISON NOV 2-29-807-1093 28079 DIAZ RD 10.65 10.65 Page:3 apChkLst 12/12/2019 3:16:33PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 7726 12/3/2019 000537 SO CALIF EDISON NOV 2-31-031-2616 27991 DIAZ RD 11.13 11.13 7727 12/3/2019 000537 SO CALIF EDISON NOV 2-31-282-0665 27407 DIAZ RD 11.24 11.24 7728 12/3/2019 000537 SO CALIF EDISON NOV 2-14-204-1615 30027 FRONT ST 21.40 21.40 7729 12/3/2019 000537 SO CALIF EDISON NOV 2-41-502-0478 28402 MERCEDES 25.08 25.08 ST 7730 12/3/2019 000537 SO CALIF EDISON NOV 2-31-536-3481 41902 MAIN ST 122.67 122.67 7731 12/3/2019 000537 SO CALIF EDISON NOV 2-19-171-8568 28300 MERCEDES 255.43 255.43 ST 7732 12/3/2019 000537 SO CALIF EDISON NOV 2-02-507-8077 43210 BUS PARK 333.73 333.73 DR 7733 12/3/2019 000537 SO CALIF EDISON NOV 2-18-937-3152 28314 MERCEDES 628.47 628.47 ST 7734 12/3/2019 000537 SO CALIF EDISON NOV 2-31-536-3655 41904 MAIN ST 898.73 898.73 7735 12/3/2019 000537 SO CALIF EDISON NOV 2-02-351-4946 41845 6TH ST 1,105.50 1,105.50 7736 12/3/2019 000537 SO CALIF EDISON NOV 2-29-224-0173 32364 OVERLAND 1,610.58 1,610.58 TRL 7737 12/3/2019 000537 SO CALIF EDISON NOV 2-31-912-7494 28690 MERCEDES 1,628.53 1,628.53 ST 7738 12/3/2019 000537 SO CALIF EDISON NOV 2-29-933-3831 43230 BUS PARK 1,914.60 1,914.60 DR 7739 12/3/2019 000537 SO CALIF EDISON NOV 2-00-397-5042 43200 BUS PARK 3,258.51 3,258.51 DR 7740 12/3/2019 000537 SO CALIF EDISON NOV 2-32-903-8293 41000 MAIN ST 16,099.05 16,099.05 7741 12/5/2019 000537 SO CALIF EDISON NOV 2-25-393-4681 41951 MORAGA RD 689.48 689.48 7742 12/5/2019 000537 SO CALIF EDISON NOV 2-30-520-4414 32781 TEM PKWY 897.72 897.72 Page:4 apChkLst Final Check List Page: 5 12/12/2019 3:16:33PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 7743 12/5/2019 000537 SO CALIF EDISON 7744 12/5/2019 000537 SO CALIF EDISON 7745 12/5/2019 000537 SO CALIF EDISON 7746 12/6/2019 000537 SO CALIF EDISON 7747 12/6/2019 000537 SO CALIF EDISON 7748 12/6/2019 000537 SO CALIF EDISON 7749 12/6/2019 000537 SO CALIF EDISON 7750 12/6/2019 000537 SO CALIF EDISON 7751 12/6/2019 000537 SO CALIF EDISON 7752 12/6/2019 000537 SO CALIF EDISON 7753 12/6/2019 000537 SO CALIF EDISON 7754 12/6/2019 000537 SO CALIF EDISON 7755 12/9/2019 010276 TIME WARNER CABLE 7756 12/9/2019 010276 TIME WARNER CABLE 7757 12/9/2019 010276 TIME WARNER CABLE 7758 12/9/2019 010276 TIME WARNER CABLE 7759 12/9/2019 010276 TIME WARNER CABLE (Continued) Description Amount Paid Check Total NOV 2-35-403-6337 41375 MCCABE CT 939.70 939.70 NOV 2-41-048-2012 30498 TEM PKWY 184.74 184.74 NOV 2-35-664-9053 29119 MARGARITA 463.95 463.95 RD NOV 2-39-732-3171 41997 MARGARITA 10.69 10.69 RD NOV 2-29-953-8249 46497 WOLF 13.31 13.31 CREEK DR NOV 2-29-953-8082 31523 WOLF 14.57 14.57 VALLEY RD NOV 2-35-707-0010 33451 S HWY 79 21.74 21.74 NOV 2-41-812-6629 42061 MAIN ST 31.05 31.05 NOV 2-29-223-8607 42035 2ND ST 512.38 512.38 NOV 2-00-397-5067 40499 CALLE 903.70 903.70 MEDUSA NOV 2-29-295-3510 32211 WOLF 988.71 988.71 VALLEY RD NOV 2-31-536-3226 28690 MERCEDES 1,703.01 1,703.01 ST DEC INTERNET SVCS-32211 WOLF 191.00 191.00 VALLEY RD DEC INTERNET SVCS-29119 348.30 348.30 MARGARITA RD DEC INTERNET SVCS-30755 AULD RD 717.45 717.45 DEC INTERNET SVCS-41973 6TH ST 717.45 717.45 DEC INTERNET SVCS-41000 MAIN ST 3,430.75 3,430.75 Page:5 apChkLst Final Check List Page: 6 12/12/2019 3:16:33PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 7761 12/4/2019 006887 UNION BANK OF CALIFORNIA 015354 FACEBOOK.COM 015354 FACEBOOK.COM 015354 FACEBOOK.COM 017736 FEAST CALIFORNIA CAFE LLC, DBA CORNER BAKERY CAFE 012085 ISTOCK INT'L INC. 004432 ALBERTSONS GROCERY STORE 020450 CALIFORNIA INLAND EMPIRE, COUNCIL 021550 CARDENAS MARKET 021550 CARDENAS MARKET 006952 PAYPAL 020886 NETFLIX.COM 020450 CALIFORNIA INLAND EMPIRE, COUNCIL 000152 CALIF PARKS AND RECREATION SOC, C P R S 021547 A FAMILY TREE FLORIST 000152 CALIF PARKS AND RECREATION SOC, C P R S 006952 PAYPAL 017201 STATEFOODSAFETY.COM 000152 CALIF PARKS AND RECREATION SOC, C P R S 000152 CALIF PARKS AND RECREATION SOC, C P R S 000152 CALIF PARKS AND RECREATION SOC, C P R S 7762 12/2/2019 001212 SO CALIF GAS COMPANY 7763 12/12/2019 010349 CALIF DEPT OF CHILD SUPPORT (Continued) Description Amount Paid Check Total KH BOOST: AROUND & ABOUT 4.44 TEMECULA KH BOOST: AROUND & ABOUT 18.00 TEMECULA KH BOOST: AROUND & ABOUT 3.54 TEMECULA KH RFRSHMNTS: RIBBON CUTTING 55.00 EVENT 10/21 KH IMAGES FOR PROMOTIONAL 120.00 FLYERS & WEBSI KH PUMPKINS: HALLOWEEN 125.00 CARNIVAL KH REGIST: POLARIS AWARDS 160.00 BANQUET: KH RFRSHMNTS: ART OFF THE WALL 156.95 11/01 KH RFRSHMNTS: ART OFF THE WALL 88.49 11/1 KH VERISIGN PAYFLOW PRO 154.50 TRANSACTION KH MONTHLY CHARGE FOR SVC: CRC 8.99 TEEN ROOM KH REGIST: POLARIS AWARDS: 160.00 LAWRENCE KH CONF REGISTRATION: BARNETT 450.00 KH WREATH: ROUNDABOUT RIBBON 175.12 CUTTING KH CONF REGISTRATION: TURNER, C. 450.00 KH VERISIGN PAYFLOW PRO 203.70 TRANSACTION KH FOOD HANDLER VOUCHERS: 378.00 VITICULTURE KH AWARD SUBMISSION FEE: TCSD 70.00 KH AWARD SUBMISSION FEE: TCSD 70.00 KH AWARD SUBMISSION FEE: TCSD 70.00 OCT 015-575-0195-2 32211 WOLF 101.28 VALLEY RD SUPPORT PAYMENT 927.68 2,921.73 101.28 927.68 Page6 apChkLst Final Check List Page: 7 12/12/2019 3:16:33PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 7764 12/12/2019 017429 COBRAADVANTAGE INC, DBA FSA REIMBURSEMENT PAYMENT THE ADVANTAGE GROUP 7765 12/12/2019 000194 I C M A RETIREMENT -PLAN ICMA-RC RETIREMENT TRUST 457 303355 PAYMENT 7766 12/12/2019 021301 1 C M A RETIREMENT -PLAN ICMA- 401(A) RETIREMENT PLAN 106474 PAYMENT 7767 12/12/2019 000444 INSTATAX (EDD) STATE TAXES PAYMENT 7768 12/12/2019 000283 INSTATAX (IRS) FEDERAL TAXES PAYMENT 7769 12/12/2019 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT SOLUTION PAYMENT 7770 12/12/2019 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 7771 12/12/2019 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT SOLUTION PAYMENT 7772 12/12/2019 000245 PERS - HEALTH INSUR PERS HEALTH PAYMENT PREMIUM PERS HEALTH PAYMENT 7773 12/12/2019 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT RETIREMENT) 7774 12/5/2019 002390 EASTERN MUNICIPAL WATER OCT WATER MURRIETA HOT SPRINGS DIST 7775 12/5/2019 002390 EASTERN MUNICIPAL WATER OCT WATER MURRIETA HOT SPRINGS DIST 7776 12/5/2019 002390 EASTERN MUNICIPAL WATER OCT WATER 39569 SERAPHINA RD DIST 7777 12/2/2019 001212 SO CALIF GAS COMPANY OCT 055-475-6169-5 32380 DEER HOLLOW WY 198919 12/12/2019 004802 ADLERHORST INTERNATIONAL NOV K9 TRAINING: DAYKA/BORIS: LLC POLICE 198920 12/12/2019 014170 AHERN RENTALS INC BOOM LIFT RENTAL: SKATE PARK Amount Paid Check Total 19,815.48 19,815.48 12,757.18 12,757.18 1,115.39 1,115.39 28,147.59 28,147.59 93,524.63 93,524.63 2,896.92 2,896.92 13,292.91 13,292.91 28.51 28.51 127,641.49 0.00 127,641.49 110, 664.57 110, 664.57 43.30 43.30 171.83 171.83 418.95 418.95 176.71 176.71 350.00 350.00 1,222.38 1,222.38 Page-7 apChkLst Final Check List Page: 8 12/12/2019 3:16:33PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor (Continued) Description 198921 12/12/2019 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES: PW STREET ASPHALT SUPPLIES: PW STREET ASPHALT SUPPLIES: PW STREET ASPHALT SUPPLIES: PW STREET 198922 12/12/2019 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING/MAINT SVCS:RHRTPL DBA, ALLEGRO PIANO SERVICE PIANO TUNING SVC: MPSC PIANO TUNING/MAINTENANCE: THEATEI 198923 12/12/2019 010905 ALLIED TRAFFIC & LIGHT TOWER RENTALS: SPECIAL EQUIPMENT, RENTALS INC EVENTS 198924 12/12/2019 009787 ALTEC INDUSTRIES INC ANNUAL BOOM TRUCK INSPECTION ANNUAL BOOM TRUCK INSPECTIONS - F 198925 12/12/2019 013015 ALWAYS RELIABLE VARIOUS FACILITIES: BACKFLOW BACKFLOW, AKA NANETTE REPAIRS SEMAN BACKFLOW TESTING: VARI LOCATIONS BACKFLOW TESTING: VARI LOCATIONS 198926 12/12/2019 004240 AMERICAN FORENSIC NURSES DEC STAND BY FEE: POLICE AFN 198927 12/12/2019 021400 AYERS ELECTRIC INC INSTALL SIGNS: OLD TOWN PD 198928 12/12/2019 017149 B G P RECREATION INC 198929 12/12/2019 019709 BAGDASARIAN, NADYA 198930 12/12/2019 011954 BAKER AND TAYLOR INC 198931 12/12/2019 014284 BLAKELYS TRUCK SERVICE, AKA DONALD W BLAKELY 198932 12/12/2019 018408 BOB CALLAHAN'S POOL SERVICE 198933 12/12/2019 017428 BSSAT CORPORATION, DBA: CAFE ESPRESSO STOREFRONT TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS REIMB: SUPPLIES: TEAM PACE REIMB: UNIFORMS BOOK COLLECTIONS:RHRTPL BOOK COLLECTIONS:RHRTPL BOOK COLLECTIONS:RHRTPL BOOK COLLECTIONS:RHRTPL Vehicle repair & maintenance: traffic pw NOV POOL/FOUNTAIN MAINT: VARI LOCATIONS NOV POOL/FOUNTAIN MAINT: VARI LOC! RFRSHMNTS:TREE LIGHTING CEREMONY Amount Paid Check Total 396.00 307.44 300.06 435.36 225.00 225.00 225.00 570.00 1,524.03 1,013.60 1,430.00 1,161.00 135.00 1,300.00 1,136.71 885.50 838.54 764.75 420.42 207.83 162.30 42.06 65.84 122.63 373.58 950.00 1,100.00 625.31 1,438.86 675.00 570.00 2,537.63 2,726.00 1,300.00 1,136.71 2,488.79 628.25 392.83 373.58 2,050.00 625.31 Page.-8 apChkLst Final Check List Page: 9 12/12/2019 3:16:33PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 198934 12/12/2019 000924 CALIF ASSOC PUBLIC MEMBERSHIP RENEWAL: VOLLMUTH, PROCUREMENT, OFFICIALS M. (CAPPO) 198935 12/12/2019 021461 CAMPBELL, BRITTANY TCSD INSTRUCTOR EARNINGS 198936 12/12/2019 018828 CASC ENGINEERING AND, NPDES COMM & IND'L CONSULTING INC INSPECTIONS:PW MISC ENG SVCS: PW13-09 TPL PARKING MISC ENG SVCS: PW16-06 OVERLAND I CONSULTANT SVCS: PW - CIP 198937 12/12/2019 005417 CINTAS CORP FIRST AID KIT MAINTENTANCE FIRST AID KIT MAINTENTANCE FIRST AID KIT MAINTENTANCE FIRST AID KIT MAINTENTANCE FIRST AID KIT MAINTENTANCE FIRST AID KIT MAINTENTANCE FIRST AID KIT MAINTENTANCE FIRST AID KIT MAINTENTANCE FIRST AID KIT MAINTENTANCE FIRST AID KIT MAINTENTANCE FIRST AID KIT MAINTENTANCE FIRST AID KIT MAINTENTANCE 198938 12/12/2019 020025 CIVIL SOURCE INC OCT CONSTRCTN MGMT SVCS: PW15-11 OCT CNSTRCTN MGMT SVCS: PW13-09 198939 12/12/2019 017429 COBRAADVANTAGE INC, DBA FSAAdministration: HR THE ADVANTAGE GROUP 198940 12/12/2019 005410 COLE, TOM REIMB: UNIFORMS: CODE ENFORCEMENT 198941 12/12/2019 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS CHARITIES PAYMENT 198942 12/12/2019 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES: VARI PARKS DIST ELECTRICAL SUPPLIES: VARI PARKS ELECTRICAL SUPPLIES: VARI PARKS 198943 12/12/2019 004329 COSTCO TEMECULA491 MISC SUPPLIES - MPSC SUPPLIES:SPECIAL EVENTS SUPPLIES:SPECIAL EVENTS MISC SUPPLIES - MPSC Amount Paid Check Total 130.00 130.00 2,540.00 2,540.00 1,055.00 2,061.74 2,210.00 905.00 6,231.74 192.80 294.79 144.79 214.28 140.57 336.88 324.36 297.10 85.11 451.20 29.91 540.98 3,052.77 13,560.00 9,135.00 22,695.00 608.50 608.50 185.07 185.07 4.00 4.00 903.50 54.38 23.93 981.81 1,139.82 186.84 158.22 452.91 1,937.79 Page9 apChkLst Final Check List Page: 10 12/12/2019 3:16:33PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 198944 12/12/2019 010650 CRAFTSMEN PLUMBING & HVAC INC 198945 12/12/2019 001393 DATA TICKET INC, DBA REVENUE EXPERTS 198946 12/12/2019 002990 DAVID TURCH AND ASSOCIATES 198947 12/12/2019 020360 DE NOVO PLANNING GROUP (Continued) Description MISC REPAIRS: FOC MISC REPAIRS: MRC MISC REPAIRS: OLD TOWN TEMECULA MISC REPAIRS: CHILDREN'S MUSEUM PLUMBING REPAIRS: CRC OCT CITATION PROCESSING:CSD NOV FEDERAL LOBBYING SVCS: CITY MGR DEC FEDERAL LOBBYING SVCS: CITY M SEP CONSULTING SVCS: PLANNING 198948 12/12/2019 020648 DG INVESTMENT HOLDINGS 2 PREVENTATIVE MAINT: SECURITY SYS INC, CONVERGINT TECHNOLOGIES 198949 12/12/2019 003945 DIAMOND ENVIRONMENTAL TES POOL: TEMP RESTROOM RENTAL SRVCS 198950 12/12/2019 021557 DIAZ, JOSEPH REFUND: VICR FEE 198951 12/12/2019 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARK MAINT FUEL FOR CITY VEHICLES: PW CIP FUEL FOR CITY VEHICLES: STREET MAI FUEL FOR CITY VEHICLES: LAND DEV P' FUEL FOR CITY VEHICLES: TCSD 198952 12/12/2019 020613 EAGLE PAVING COMPANY INC, PAVEMENT REHAB PRGM: PW18-12 DBATORO ENGINEERING PAVEMENT REHAB PRGM: PW18-12 PAVEMENT REHAB PRGM: PW18-12 198953 12/12/2019 004068 ECALDRE MANALILI-DE VILLA, TCSD INSTRUCTOR EARNINGS AILEEN TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS Amount Paid Check Total 285.00 492.00 220.00 869.89 330.00 200.00 5,500.00 5,500.00 11.827.00 89,230.00 275.87 143.00 906.69 128.79 690.91 102.97 582.60 52,351.14 35,251.89 410,232.15 141.75 146.30 280.00 226.10 175.00 210.00 93.10 212.80 122.50 315.00 171.50 52.50 2,196.89 200.00 11, 000.00 11, 827.00 89,230.00 275.87 143.00 2,411.96 497,835.18 2,146.55 Page:10 apChkLst 12/12/2019 3:16:33PM Final Check List CITY OF TEMECULA Page: 11 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 198954 12/12/2019 019530 EMPIRE ENGRAVING PDU diamond acrylic award 130.50 130.50 198955 12/12/2019 021200 ENVIRONMENTAL OCT LIBRARY PARKING - PH II: 319,514.16 319,514.16 CONSTRUCTION INC PW13-09 198956 12/12/2019 015966 ERGO SOLUTION INC ERGONOMIC EVAL & REPORT: DEMO 292.50 292.50 LAB 198957 12/12/2019 000164 ESGIL LLC JUL PLAN CK SVCS:BLDG & SAFETY 21,605.41 21,605.41 198958 12/12/2019 013109 ESPINOZA, PAM REIMB: TEAM PACE 54.95 54.95 198959 12/12/2019 017432 EYEMED VISION CARE VISION PLAN PAYMENT 1,749.37 1,749.37 198960 12/12/2019 019469 FALCON ENGINEERING NOV CONST MGMT SVCS: PW04-08 6,093.55 6,093.55 SERVICES 198961 12/12/2019 009953 FEDERAL CLEANING JANITORIAL SRVCS:TEM SHERIFF 78.56 CONTRACTORS, DBA FEDERAL MALL OFC BLDG SERVICES DEC JANITORIAL SRVCS: POLICE MALL 1,167.06 1,245.62 198962 12/12/2019 000165 FEDERAL EXPRESS INC 11/22-11/27 EXP MAIL SVCS: PD & 84.07 84.07 NPDES 198963 12/12/2019 020921 FLETCHER, COURTNEY REIMB: TCSD LINENS CLEANING: 61.44 61.44 YOUTH 198964 12/12/2019 014865 FREIZE UHLER KIMBERLY DBA, SATIN RIBBON IMPRINT: ECO DEV 509.54 509.54 CLEAR BLUE PROMOTIONS 198965 12/12/2019 019710 FU, JIMMY PHOTOGRAPHY SVCS: ECON DEV 375.00 375.00 198966 12/12/2019 016184 FUN EXPRESS LLC, MISC SUPPLIES - HIGH HOPES 151.45 151.45 SUBSIDIARY OF ORIENTAL TR EVENTS 198967 12/12/2019 003946 G T ENTERTAINMENT, AKA Entertainment: High Hopes Winter 350.00 GEOFFREY GAIER DJ/MC/SOUND SERVICES:SPECIAL EVEP 450.00 DJ/MC/SOUND SERVICES:SPECIAL EVEP 350.00 1,150.00 198968 12/12/2019 001937 GALLS LLC misc equipment: sheriff explorers 45.75 45.75 Page:11 apChkLst Final Check List Page: 12 12/12/2019 3:16:33PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 198969 12/12/2019 000177 GLENNIES OFFICE PRODUCTS OFC SUPPLIES: BLDG & SAFETY INC OFC SUPPLIES: BLDG & SAFETY OFC SUPPLIES: BLDG & SAFETY MISC OFC SUPPLIES: PW OFC SUPPLIES:SPORTS TCSD MISC OFC SUPPLIES: CODE ENFORCEN 198970 12/12/2019 009475 GOLDEN STAR TECHNOLOGY, GETAC AC ADAPTER FOR NOTEBOOK: INC, DBA: GST TRAFFIC 198971 12/12/2019 009608 GOLDEN VALLEY MUSIC TIX: "CANDLELIGHT CLASSICS" SOCIETY, DBA CA CHAMBER 12/08/19 ORCHESTRA 198972 12/12/2019 000186 HANKS HARDWARE INC MISC SUPPLIES FOR PW STREET 198973 12/12/2019 001013 HINDERLITER DE LLAMAS & ASSOC 198974 12/12/2019 010210 HOME DEPOT SUPPLY INC 198975 12/12/2019 003296 INTL CODE COUNCIL 198976 12/12/2019 012883 JACOB'S HOUSE INC MAINT MAINT SUPPLIES: VARIOUS PARKS HDWR SUPPLIES: STA 73 FIRE MAINTENANCE SUPPLIES: VARIOUS PAF MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: CHILDREN'S MUSEUM MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: TVM MISC SUPPLIES FOR PW STREET MAIN1 MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: VARIOUS PARKS MAINTENANCE SUPPLIES: VARIOUS PAF HDWR SUPPLIES: STA 12 FIRE EQUIPMENT & SUPPLIES:SPORTS TCSD HDWR SUPPLIES: STA 73 FIRE SALES TAX & RECOVERY SVCS: 4TH QTR MISC SUPPLIES: CIVIC CTR 2019 CODE BOOKS: PREV FIRE BUIDLING CODE - PREVEN - FIRE EMPLOYEE CHARITY DONATIONS PAYMENT Amount Paid Check Total 25.46 39.14 118.47 99.12 7.28 70.16 75.96 805.00 418.09 4.02 11.83 65.23 91.98 117.34 37.58 39.31 63.88 99.14 39.53 85.79 25.05 11.95 21.61 970.76 56.46 118.40 85.80 61.28 9,507.18 54.92 243.87 32.52 40.00 359.63 75.96 805.00 2,425.03 9,507.18 54.92 276.39 40.00 Page:12 apChkLst 12/12/2019 3:16:33PM Final Check List CITY OF TEMECULA Page: 13 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 198977 12/12/2019 021364 KETTLE MASTERS KETTLE EVENT RFRSHMNTS: SPECIAL 1,291.41 1,291.41 KORNINC EVENTS 198978 12/12/2019 001091 KEYSER MARSTON SEP FISCAL IMP ANALYSIS:HEIRLOOM 1,375.00 ASSOCIATES INC FARMS SEP MISSION VILLAGE II RESYNDICATIC 4,848.22 6,223.22 198979 12/12/2019 019293 KITTRICH CORPORATION K9 FOOD: TEMECULA POLICE 84.70 K9 FOOD: TEMECULA POLICE 94.50 179.20 198980 12/12/2019 001282 KNORR SYSTEMS INC AQUATICS:POOL PUMP CONTROL 4,326.25 INSTALL PW CRC POOL: VARIOUS PARTS -860.17 POOL SUPPLIES: VARIOUS FACILITIES P 624.77 POOL SUPPLIES: VARIOUS FACILITIES P 387.20 4,478.05 198981 12/12/2019 005569 LEARNING FOR LIFE YOUTH PROTECTION TRAINING 695.00 695.00 CORPORATION STAFF: POLICE 198982 12/12/2019 000482 LEIGHTON CONSULTING INC OCT MATUS TESTING SVCS: PW19-06 6,194.00 OCT GEOTECH SVCS: PW18-06 SOIL EN 290.00 6,484.00 198983 12/12/2019 003726 LIFE ASSIST INC EMERGENCY MEDICAL EQUIP: MEDIC 407.00 EMERGENCY MEDICAL EQUIP: MEDIC 119.97 526.97 198984 12/12/2019 021544 LINDQUIST, JULI REFUND:VIOL. DISMISSED:339215 25.00 25.00 198985 12/12/2019 010490 LISA SAPINKOPF ARTISTS, AKA Theater Performance: FEB 1, 2020 1,000.00 1,000.00 LISA SAPINKOPF 198986 12/12/2019 011145 LODATO JILL CHRISTINE, DBA TCSD INSTRUCTOR EARNINGS 1,361.44 1,361.44 BRIGHT START FOR KIDS 198987 12/12/2019 004813 M AND J PAUL ENTERPRISES RENTALS:SPECIAL EVENTS 395.00 395.00 INC, DBA JOLLY JUMPS 198988 12/12/2019 003782 MAIN STREET SIGNS, DBA VARIOUS PARK SIGNS & SUPPLIES 82.60 ATHACO INC VARIOUS PARK SIGNS & SUPPLIES 82.60 165.20 198989 12/12/2019 000217 MARGARITA OFFICIALS ASSN NOV OFFICIATING SVCS:SPORTS 1,368.00 1,368.00 TCSD 198990 12/12/2019 017427 MATCHETT, VIVIAN TCSD INSTRUCTOR EARNINGS 254.80 TCSD INSTRUCTOR EARNINGS 327.60 582.40 198991 12/12/2019 014392 MC COLLOUGH JILL DENISE, DEC PLANTSCAPE SVCS: CIVIC CTR 500.00 DBA TEMECULA PLANTSCAPE DEC PLANTSCAPE SVCS: LIBRARY 200.00 700.00 Page:13 apChkLst Final Check List Page: 14 12/12/2019 3:16:33PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 198992 12/12/2019 018675 MDG ASSOCIATES INC (Continued) Description SEP CDBG ADMIN SVCS SEP LABOR COMPLIANCE MONITORING OCT CDBG ADMIN SVCS APR LABOR COMPLIANCE SVCS 198993 12/12/2019 015259 MERCURY DISPOSAL HOUSEHOLD BATTERY RECYCLING SYSTEMSINC PRGM 198995 12/12/2019 003076 MET LIFE INSURANCE DENTAL PAYMENT COMPANY 198996 12/12/2019 018314 MICHAEL BAKER 7/29-11/3 CONSULT SVCS: PW17-17 INTERNATIONAL YNEZ 198997 12/12/2019 005690 MICHELLE'S PLACE WOMENS TEAM PACE DONATION - DENIM DAY BREAST, CANCER RESOURCE CENTER 198998 12/12/2019 013443 MIDWEST TAPE LLC BOOKS ON TAPE:LIBRARY 198999 12/12/2019 016445 MKB PRINTING & CORRECTION NOTICES: BLDG & PROMOTIONAL INC, DBA SAFETY MINUTEMAN PRESS 199000 12/12/2019 015507 MSDSONLINE INC, DBA MSDS SUPSCRIPTION: RISK MGMT VELOCITYEHS 199001 12/12/2019 002925 NAPA AUTO PARTS MISC SUPPLIES: PW STREET MAINT 199002 12/12/2019 020300 NCBOA, INC FALL ADULT BASKETBALL TCSD 199003 12/12/2019 021543 NELSON, DON REFUND:BALADJ OVERPMT:339218 199004 12/12/2019 021380 NOVAK, ROBERT REIMB: SUPPLIES: POLICE 199005 12/12/2019 003964 OFFICE DEPOT BUSINESS SVS SUPPLIES: PW-CIP DIV SUPPLIES: PW-CIP 199006 12/12/2019 002105 OLD TOWN TIRE AND SERVICE VEH REPAIR & MAINT: PW STREET 199007 12/12/2019 021382 ONYX PAVING COMPANY INC PAVEMENT REHAB PGRM:PW-CIP,1906 199008 12/12/2019 019851 ORTIZ ENTERPRISES INC PGRS PMT#28:115/79 INTRCHNG,PW0408 Amount Paid Check Total 5,446.25 1,305.00 7,877.50 1,292.50 274.36 12,453.29 14,115.16 106.00 39.34 391.79 2,479.00 51.65 2,603.50 320.00 243.01 47.00 32.82 256.12 519,453.35 960.00 15, 921.25 274.36 12,453.29 14,115.16 106.00 39.34 391.79 2,479.00 51.65 2,603.50 320.00 243.01 79.82 256.12 519,453.35 960.00 Page:14 apChkLst Final Check List Page: 15 12/12/2019 3:16:33PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 199009 12/12/2019 019334 PARK CONSULTING GROUP OCT CONSULT SVCS: IT INC NOV CONSULT SVCS: IT-ENERGOV 199010 12/12/2019 013418 PENWORTHY COMPANY, THE BOOKS: LIBRARY 199011 12/12/2019 018462 PERDUE ROBERT S DBA, REAPPRAISAL SVCS: PLANNING DEPT PERDUE RUSSELL & MATTHIES 199012 12/12/2019 001999 PITNEY BOWES INC 12/16/19-3/15/20 POSTAGE: FIRE STA84 199013 12/12/2019 010338 POOL & ELECTRICAL SUPPLIES: SPLASH PAD POOL PRODUCTS INC SUPPLIES: POOL FACILITIES 199014 12/12/2019 011549 POWER SPORTS UNLIMITED, VEH REPAIR & MAINT: TEM POLICE DBA BMW MOTORCYCLES OF NO VEH REPAIR & MAINT: TEM POLICE VEH REPAIR & MAINT: TEM POLICE VEH REPAIR & MAINT: TEM POLICE VEH REPAIR & MAINT: TEM POLICE VEH REPAIR & MAINT: TEM POLICE 199015 12/12/2019 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT INC, DBA LEGALSHIELD 199016 12/12/2019 021546 PROVIDENT BANK, ATTN: LOCKSMITH SVC: SAFE DPST BOX LEGAL DEPT 199017 12/12/2019 005075 PRUDENTIAL OVERALL NOV UNIFORM SVCS: CITY FACILITIES SUPPLY 199018 12/12/2019 014494 R & R CONTROLS, INC HVAC REPAIR&MAINT: PENNIPICKLES WKSHP 199019 12/12/2019 002176 RANCHO CALIF BUS PKASSOC JAN-MAR'20 BUS PRKASSN DUES:FOC JAN-MAR'20 BUS PRKASSN DUES:TVE2 JAN-MAR'20 BUS PRKASSN DUES:DIAZF 199020 12/12/2019 011853 RANCON COMMERCE CNTR JAN-MAR'20 BUS PRKASSN PH2,3&4 DUES:OVRLND JAN-MAR'20 BUS PRKASSN DUES:OVRL 199021 12/12/2019 003591 RENES COMMERCIAL WEED ABATEMENT: CITYWIDE MANAGEMENT LOCATIONS WEED ABATEMENT: CITYWIDE LOCATIOI 199022 12/12/2019 000353 RIVERSIDE CO AUDITOR, OCT'19 PRKG CITATION CONTROLLER ASSESSMENTS Amount Paid Check Total 1,885.00 1,625.00 1,189.36 14,000.00 77.48 344.52 40.00 1,134.90 1,185.10 574.88 324.64 1,937.29 613.34 217.25 150.00 825.88 288.00 1,843.17 2,234.14 2,033.07 177.27 249.03 12,519.00 9,250.00 4,571.00 3,510.00 1,189.36 14, 000.00 77.48 384.52 5,770.15 217.25 150.00 825.88 288.00 6,110.38 426.30 21,769.00 4,571.00 Page:15 apChkLst Final Check List Page: 16 12/12/2019 3:16:33PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 199023 12/12/2019 001365 RIVERSIDE, COUNTY OF, ENVIRONMENTAL HEALTH DEPT (Continued) Description JUL-SEP'19 VECTOR CONTROL SVCS 199024 12/12/2019 005585 ROMINE, MARIA UNIFORM REIMBURSEMENT 199025 12/12/2019 004274 SAFE AND SECURE LOCKSMITH SVCS: CIVIC CENTER LOCKSMITH SRVC LOCKSMITH SVCS: PALOMA DEL SOL PK LOCKSMITH SVCS: WOLF CREEK PK LOCKSMITH SVCS: WOLFCREEK PK 199026 12/12/2019 021538 SAN BERNARDO CO SHERIFFS POLYGRAPH SVC: TEMECULA POLICE DEPT, BUREAU OF 11/15 ADMINISTRATION 199027 12/12/2019 009980 SANBORN GWYNETH A, CO COUNTRY LIVE! @ THE MERC 12/7 TEMECULA MUSIC ACADEMY 199028 12/12/2019 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY: PANCREATIC PRESTON CANCER DAY PHOTOGRAPHY: PUMP TRACK RBBN 11j 199029 12/12/2019 015364 SEASIDE ICE LLC, DBA ICE FY19/20 SEASONAL:TCSD-ICE RINK AMERICA 199030 12/12/2019 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 12/5/19 199031 12/12/2019 013695 SHRED -IT US JV LLC, DBA: NOV DOC SHRED SVCS: CITY DEPTS SHRED -IT USA LLC 199032 12/12/2019 009746 SIGNS BY TOMORROW SIGNAGE: TCSD-CHRISTMAS BANNER SIGNAGE: CHRISTMAS DECO CONTEST 199033 12/12/2019 013482 SILVERMAN ENTERPRISES SECURITY: LIBRARY INC, DBA BAS SECURITY SECURITY: TCSD FACILITIES SECURITY: TCSD-SKATE PARK 199034 12/12/2019 000645 SMARTAND FINAL INC RFRSHMNTS: EXHIBIT -SISTERHOOD CELEBRATED RFSHMNTS: TEMECULA 30TH ANNIV 121 199035 12/12/2019 018940 SMITH, DONALD E PERFORMANCE: TVM- 2NDSAT 12/14 199036 12/12/2019 014783 SOFTRESOURCES, LLC NOV ASSET MGNT CONSULT SVCS:IT OCT ASSET MGNT IMPLEMENTATION: IT NOV ASSET MGNT CONSULT: IT Amount Paid Check Total 4,673.63 165.98 19.03 47.24 60.40 190.00 315.00 596.25 100.00 150.00 11, 038.25 690.00 126.22 218.34 154.85 3,991.10 1,957.50 1,402.90 142.46 164.63 75.00 1,202.50 6,029.25 2,960.00 4,673.63 165.98 316.67 315.00 596.25 250.00 11, 038.25 690.00 126.22 373.19 7,351.50 307.09 75.00 10,191.75 Page:16 apChkLst Final Check List Page: 17 12/12/2019 3:16:33PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 199037 12/12/2019 000519 SOUTH COUNTY PEST CONTROL INC (Continued) Description PEST CTRL SVCS: MARG SPLASH PAD PEST CONTROL SVCS: C MUSEUM PEST CTRL SVCS: VARIOUS FACILITIES 199038 12/12/2019 000293 STADIUM PIZZA INC RFSHMNTS: WORKFORCE PROGRAM 199041 12/12/2019 007762 STANDARD INSURANCE BASIC LIFE INSURANCE PAYMENT COMPANY 199042 12/12/2019 012723 STANDARD INSURANCE VOLUNTARY SUPP LIFE INSURANCE COMPANY PAYMENT 199043 12/12/2019 002366 STEAM SUPERIOR CARPET CARPET CLEANING: MRC CLEANING 199044 12/12/2019 003599 T Y LIN INTERNATIONAL CONSULT SVCS: FVALLEY/l 1 5-PW1 601 199045 12/12/2019 001547 TEAMSTERS LOCAL 911 UNION MEMBERSHIP DUES PAYMENT 199046 12/12/2019 005970 TEMECULA VALLEY PLAYERS A CHRISTMAS CAROL 11/29-12/8 199047 12/12/2019 003849 TERRYBERRY COMPANY SERVICE AWARDS: HR 199048 12/12/2019 021545 THE CHURCH IN TEMECULA REFUND: CANCELLED EVENT 12/29 199049 12/12/2019 000668 TIMMY D PRODUCTIONS INC DJ/SOUND SVCS: ELECTRIC LIGHT PARADE 199050 12/12/2019 021549 TOVAR, LUISA EE COMPUTER PURCHASE PROGRAM 199051 12/12/2019 010169 UNITED TOWING SERVICE INC TOWING SVCS: TEMECULA POLICE 199052 12/12/2019 008977 VALLEY EVENTS INC RENTALS: TREE LIGHTING -DUCK POND 12/1 199053 12/12/2019 007208 VINCES SPAGHETTI EXPRESS RFRSHMNTS: HH NEW YEARS 1/3/20 199054 12/12/2019 014375 VN ENTERPRISES INC, DBA PLAYGROUND SUPPLIES & SVC: MULCHMASTER VARIOUS PKS 199055 12/12/2019 018147 WADDLETON, JEFFREY L. DJ/SOUND SVCS: TREE LIGHTING -DUCK POND Amount Paid Check Total 49.00 118.00 881.00 55.78 8,879.21 1,197.85 300.00 15, 753.32 5,464.22 30,076.34 62.32 485.00 3,635.00 1,429.61 100.00 604.00 614.22 43,612.05 500.00 1,048.00 55.78 8,879.21 1.197.85 300.00 15, 753.32 5,464.22 30,076.34 62.32 485.00 3,635.00 1,429.61 100.00 604.00 614.22 43,612.05 500.00 Page:17 apChkLst Final Check List Page: 18 12/12/2019 3:16:33PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 199056 12/12/2019 003730 WEST COAST ARBORISTS INC 11/1-11/15 TREE MAINT:VAR PKS/MEDIANS 11/1-11/15 TREE MAINT: TEMEKU HILLS 10/16-10/31 TREE MAINT:VAR PKS/MEDIA 11/1-11/15 TREE MAINT: CITY R-O-W 199057 12/12/2019 004567 WITCHER ELECTRIC, AKA ELECTRICAL REPAIRS: PBSP TERRENCE KEVIN WITCHE ELECTRICAL REPAIRS: PARKING STRUC ELECTRICAL REPAIRS: CIVIC CENTER 199058 12/12/2019 021024 YANES BLANCAA, DBA DE AUG CONSULT SVCS: PLANNING DEPT GANGE CONSULTING 199059 12/12/2019 003776 ZOLL MEDICAL CORPORATION, SUPPLIES: FIRE -MEDIC GPO Amount Paid Check Total 1,323.00 1,984.50 7,525.05 7,323.60 18,156.15 4,480.00 165.00 245.00 4,890.00 11,190.00 11,190.00 256.92 256.92 Grand total for UNION BANK: 2,382,168.90 Page:18 apChkLst Final Check List Page: 19 12/12/2019 3:16:33PM CITY OF TEMECULA 222 checks in this report. Grand Total All Checks: 2,382,168.90 Page:19 apChkLst Final Check List Page: 1 12/19/2019 12:24:OOPM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 7760 12/9/2019 014486 VERIZON WIRELESS 7778 12/11/2019 007282 AMAZON COM INC, SYNCB/AMAZON 7779 12/2/2019 014685 COMPASS BANK 7780 12/2/2019 014685 COMPASS BANK 7781 12/12/2019 007282 AMAZON COM INC, SYNCB/AMAZON 7782 12/13/2019 007282 AMAZON COM INC, SYNCB/AMAZON 7783 12/9/2019 001212 SO CALIF GAS COMPANY 7784 12/9/2019 001212 SO CALIF GAS COMPANY 7785 12/12/2019 001212 SO CALIF GAS COMPANY 7786 12/12/2019 001212 SO CALIF GAS COMPANY 7787 12/11/2019 018858 FRONTIER CALIFORNIA INC 7788 11/5/2019 000537 SO CALIF EDISON 7789 11/12/2019 000537 SO CALIF EDISON 7790 12/10/2019 001212 SO CALIF GAS COMPANY 7791 12/10/2019 001212 SO CALIF GAS COMPANY Description Amount Paid Check Total 10/16-11 /15 16,715.29 16,715.29 CELLULAR/BROADBAND:CITYWIDE BOOKS:LIBRARY 175.64 REC SUPPLIES:CRC 298.50 SUPPLIES:SPECIAL EVENTS 211.89 686.03 '11 REFUNDING 01/08 CERT PART 518,231.00 518,231.00 DEBT SVC '18 MARGARITA REC CENTER DEBT 138,952.16 138,952.16 SRVC MISC OFC SUPPLIES: FINANCE 5.43 MISC OFC SUPPLIES: FINANCE 30.18 35.61 MISC OFC SUPPLIES: FINANCE 95.89 OFC SUPPLIES: PW MAINT DIV 165.78 MISC OFC SUPPLIES:CM OFC 56.52 MOBILE PHONE CASES:PUBLIC WORKS 960.85 1,279.04 NOV 095-167-7907-2 30650 PAUBA RD 145.99 145.99 NOV 125-244-2108-3 30600 PAUBA RD 350.21 350.21 NOV 098-255-9828-8 29119 MARGARITA 60.42 60.42 RD NOV 117-188-6393-6 32131 S LOOP RD 105.01 105.01 NOV INTERNET SVCS-THEATRE 150.98 150.98 OCT 2-35-707-0010 33451 S HWY 79 22.53 22.53 OCT 2-27-560-0625 32380 3,353.60 3,353.60 DEERHOLLOW WY NOV 028-025-1468-3 41375 MCCABE CT 24.09 24.09 NOV 133-040-7373-0 43210 BUS PARK 25.14 25.14 DR Page-1 apChkLst 12/19/2019 12:24:OOPM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 7792 12/10/2019 001212 SO CALIF GAS COMPANY NOV 101-525-0950-0 28816 PUJOL ST 27.22 27.22 7793 12/10/2019 001212 SO CALIF GAS COMPANY NOV 181-383-8881-6 28314 MERCEDES 29.30 29.30 ST 7794 12/10/2019 001212 SO CALIF GAS COMPANY NOV 060-293-3315-7 28922 PUJOL ST 35.54 35.54 7795 12/10/2019 001212 SO CALIF GAS COMPANY NOV 196-025-0344-3 42081 MAIN ST 55.10 55.10 7796 12/10/2019 001212 SO CALIF GAS COMPANY NOV 129-582-9784-3 43230 BUS PARK 81.29 81.29 DR 7797 12/10/2019 001212 SO CALIF GAS COMPANY NOV 101-525-1560-6 27415 119.68 119.68 ENTERPRISE CIR 7798 12/10/2019 001212 SO CALIF GAS COMPANY NOV 026-671-2909-8 42051 MAIN ST 131.18 131.18 7799 12/10/2019 001212 SO CALIF GAS COMPANY NOV 021-725-0775-4 41845 6TH ST 185.26 185.26 7800 12/10/2019 001212 SO CALIF GAS COMPANY NOV 129-535-4236-7 41000 MAIN ST 1,485.08 1,485.08 7801 12/10/2019 001212 SO CALIF GAS COMPANY NOV 091-024-9300-5 30875 RANCHO 2,713.98 2,713.98 VISTA 7802 12/16/2019 010276 TIME WARNER CABLE DEC INTERNET SVCS-41000 MAIN ST 1,105.36 1,105.36 7803 12/16/2019 010276 TIME WARNER CABLE DEC INTERNET SVCS-40820 5.30 5.30 WINCHESTER RD 7804 12/5/2019 007282 AMAZON COM INC, MISC OFC SUPPLIES: PLANNING 87.00 SYNCB/AMAZON MISC SVC CHARGE: PLANNING 2.44 MISC STATION SUPPLIES: STA 95 FIRE 203.36 MISC OFC SUPPLIES: PLANNING 160.68 453.48 7805 12/16/2019 007282 AMAZON COM INC, MISC OFC SUPPLIES: CM OFC 37.92 SYNCB/AMAZON MISC OFC SUPPLIES: CM OFC 16.97 MISC OFC SUPPLIES: CM OFC 147.80 MISC OFC SUPPLIES: CM OFC 177.36 MISC OFC SUPPLIES: CM OFC 55.33 MISC OFC SUPPLIES: CM OFC 64.13 MISC OFC SUPPLIES: CM OFC 168.55 MISC OFC SUPPLIES: CM OFC 103.67 771.73 Paget apChkLst Final Check List Page: 3 12/19/2019 12:24:OOPM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 7806 12/5/2019 000262 RANCHO CALIF WATER DISTRICT 7807 12/10/2019 021434 MATRIX TELECOM LLC DBA LINGO 7808 12/9/2019 000537 SO CALIF EDISON 7809 12/9/2019 000537 SO CALIF EDISON 7810 12/9/2019 000537 SO CALIF EDISON 7811 12/9/2019 000537 SO CALIF EDISON 7812 12/10/2019 000537 SO CALIF EDISON 7813 12/13/2019 000537 SO CALIF EDISON 7814 12/13/2019 000537 SO CALIF EDISON 7815 12/13/2019 000537 SO CALIF EDISON 7816 12/13/2019 000537 SO CALIF EDISON 7817 12/16/2019 000537 SO CALIF EDISON 7818 12/16/2019 000537 SO CALIF EDISON 7819 12/16/2019 000537 SO CALIF EDISON 7820 12/16/2019 000537 SO CALIF EDISON 7821 12/16/2019 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total VARI OCT WATER 3001603 30650 19,239.20 19,239.20 PAUBA RD NOV 800 SERVICES: CIVIC CENTER 67.05 67.05 NOV 2-29-953-8447 31738 WOLF 10.18 10.18 VALLEY RD NOV 2-29-657-2332 45538 REDWOOD 10.30 10.30 RD NOV 2-30-220-8749 45850 N WOLF 374.25 374.25 CREEK DR NOV 2-31-404-6020 28771 OLD TOWN 728.95 728.95 FRONT NOV 2-28-629-0507 30600 PAUBA RD 5,979.14 5,979.14 NOV 2-31-936-3511 46488 PECHANGA 20.63 20.63 PKWY NOV 2-29-657-2563 42902 82.06 82.06 BUTTERFIELD STG NOV 2-40-380-2424 40750 91.01 91.01 BUTTERFIELD STG NOV 2-27-560-0625 32380 3,681.70 3,681.70 DEERHOLLOW WAY NOV 2-30-066-2889 30051 RANCHO 11.07 11.07 VISTA RD NOV 2-36-122-7820 31777 DE PORTOLA 11.58 11.58 RD NOV 2-25-350-5119 45602 REDHAWK 14.21 14.21 PKWY NOV 2-31-031-2590 28301 RANCHO CAL 14.73 14.73 NOV 2-40-765-3021 28916 PUJOL ST 36.39 36.39 Page3 apChkLst Final Check List Page: 4 12/19/2019 12:24:OOPM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 7822 12/16/2019 000537 SO CALIF EDISON 7823 12/16/2019 000537 SO CALIF EDISON 7824 12/16/2019 000537 SO CALIF EDISON 7825 12/16/2019 000537 SO CALIF EDISON 7826 12/16/2019 000537 SO CALIF EDISON 7827 12/16/2019 000537 SO CALIF EDISON 7828 12/16/2019 000537 SO CALIF EDISON 7829 12/16/2019 000537 SO CALIF EDISON 7830 12/16/2019 000537 SO CALIF EDISON 7831 12/17/2019 018858 FRONTIER CALIFORNIA INC 7832 12/17/2019 006887 UNION BANK OF CALIFORNIA 016542 DOTGOV 021274 ZOOM.US 010210 HOME DEPOT SUPPLY INC 199060 12/17/2019 021148 WEX BANK 199061 12/19/2019 007186 AB MAILING SOLUTIONS 199062 12/19/2019 021563 ABRAMS, YONASAN 199063 12/19/2019 016450 AIR EXCHANGE INC 199064 12/19/2019 003951 ALL AMERICAN ASPHALT (Continued) Description Amount Paid Check Total NOV 2-29-479-2981 31454 TEM PKWY 71.04 71.04 NOV 2-40-765-3179 28922 PUJOL ST 82.36 82.36 NOV 2-36-531-7916 44205 MAIN ST 107.35 107.35 NOV 2-41-394-3267 46899 REDHAWK 109.10 109.10 PKWY NOV 2-29-458-7548 32000 RANCHO CAL 211.31 211.31 RD NOV 2-10-331-2153 28816 PUJOL ST 642.78 642.78 NOV 2-20-798-324842081 MAIN ST 1,243.26 1,243.26 NOV 2-27-805-3194 42051 MAIN ST 3,638.66 3,638.66 NOV 2-05-791-8807 31587 TEM PKWY 8,792.73 8,792.73 DEC INTERNET SVCS-EOC 151.11 151.11 MH RENEWAL OF DOMAIN NAME 400.00 MH MONTHLY RENEWAL FEE: INFO 386.90 TECH MH EQUIPMENT FOR MEDIA VAN: INFO 30.35 817.25 TECH 11/7-12/6 FUEL USAGE: POLICE 2,231.46 2,231.46 MAILING SRVCS:MID SEASON MAILER: 937.50 937.50 THEATER REFUND:W/D PLNGAPPL FOR 1,952.10 1,952.10 CUP:PA18-1039 PLYMOVENT MAINT & REPAIR - STA 84 698.37 698.37 ASPHALT SUPPLIES: PW STREET 209.05 209.05 Page:4 apChkLst 12/19/2019 12:24:OOPM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 199065 12/19/2019 010905 ALLIED TRAFFIC & LIGHT TOWER RENTALS: SPECIAL 2,450.00 2,450.00 EQUIPMENT, RENTALS INC EVENTS 199066 12/19/2019 013015 ALWAYS RELIABLE BACKFLOW REPAIR: VINEYARDS 264.00 BACKFLOW, AKA NANETTE SLOPE SEMAN BACKFLOW TESTING: TCC/FOC/IWTCM 216.00 BACKFLOW REPAIRS: VARIOUS PARKS 972.00 BACKFLOW TESTING: MARGARITA RD M 27.00 BACKFLOW TESTING: FIRE STA 95 54.00 1,533.00 199067 12/19/2019 002187 ANIMAL FRIENDS OF THE NOV ANIMAL CNTRL SVCS: TEMECULA 10,000.00 10,000.00 VALLEYS 199068 12/19/2019 013950 AQUA CHILL OF SAN DIEGO DEC DRINKING WTR SYS MAINT: PW 28.28 DEC DRINKING WTR SYS MAINT: CIVIC C 183.71 DEC DRINKING WTR SYS MAINT: POLICE 56.57 DEC DRINKING WTR SYS MAINT: MPSC 34.75 DEC DRINKING WTR SYS MAINT: JRC 28.28 DEC DRINKING WTR SYS MAINT: INFO T 28.28 359.87 199069 12/19/2019 021400 AYERS ELECTRIC INC ELECTRICAL: STA 95 920.00 920.00 199070 12/19/2019 017149 B G P RECREATION INC TCSD INSTRUCTOR EARNINGS 2,938.60 TCSD INSTRUCTOR EARNINGS 1,463.00 TCSD INSTRUCTOR EARNINGS 4,709.25 9,110.85 199071 12/19/2019 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS:RHRTPL 101.03 BOOK COLLECTIONS:RHRTPL 8.57 BOOK COLLECTIONS:RHRTPL 13.81 123.41 199072 12/19/2019 015592 BAMM PROMOTIONAL STAFF SHIRTS / PROMO ITEMS: TCC 260.96 260.96 PRODUCTS INC 199073 12/19/2019 020279 BJS RENTALS INC LIGHT TOWER RENTAL:VAR SPECIAL 15,916.82 15,916.82 EVENTS 199074 12/19/2019 014284 BLAKELYS TRUCK SERVICE, VEHICLE EQUIP REPAIRS: PW STREET 810.13 810.13 AKA DONALD W BLAKELY MAINT 199075 12/19/2019 019559 BMW MOTORCYCLES OF VEHICLE MAINT & REPAIR: TEM 254.04 RIVERSIDE SHERIFF VEHICLE MAINT & REPAIR: TEM SHERIFI 406.17 VEHICLE MAINT & REPAIR: TEM SHERIFI 250.00 910.21 199076 12/19/2019 003138 CAL MAT, DBAVULCAN ASPHALT SUPPLIES: PW STREET 173.92 MATERIALS CO MAINT ASPHALT SUPPLIES: PW STREET MAINT 174.71 348.63 199077 12/19/2019 010939 CALIF DEPT OF INDUSTRIAL ASSESSMENT REPORT 7/1/19 - 6/30/20 103.18 103.18 Page.-5 apChkLst Final Check List Page: 6 12/19/2019 12:24:OOPM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 199078 12/19/2019 000152 CALIF PARKS AND CPRS CONF 3/10-13/20 FOX, STACY RECREATION SOC, C P R S 199079 12/19/2019 000131 CARL WARREN AND COMPANY CLAIM ADJUSTER SVCS: RISK MGMT INC 199080 12/19/2019 018828 CASC ENGINEERING AND, NOV WQMP PLAN CK - PW13-09 TPL CONSULTING INC MISC ENG SVCS: PW15-11 BUTTERFIEL[ MISC ENG SVCS: PW13-09 TPL PARKING WQMP/PLAN CK - PW18-11 PARK & RIDE MISC ENG SVCS: MS4 PERMIT COMPLIA MISC ENG SVCS: MS4 PERMIT COMPLIA MISC ENG SVCS: NPDES MS4 PERMIT COMPLIANCE: DEPORTOLI MISC ENG SVCS:BUTTERFIELD STAGE F 199081 12/19/2019 004462 CDW LLC, DBA CDW MISC STAGE SUPPLIES: THEATER GOVERNMENT LLC MISC SMALL TOOLS & EQUIP:INFO TECF WIRELESS ACCESS POINTS:FIRE STA 1, KEYBOARD & MOUSE REPLACEMENT: Il 199082 12/19/2019 003775 CHAPARRAL HIGH SCHOOL HOLIDAY PARADE BAND TRANSPORTATION COST 199083 12/19/2019 016446 CHRISTIAN STITCHERY INC, STAFF SHIRTS: CRC DBA SO CAL IMPRESSIONS 199084 12/19/2019 011922 CORELOGIC INC, DBA NOV PROP ID SFTWR: CODE CORELOGIC SOLUTIONS ENFORCEMENT 199085 12/19/2019 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 199086 12/19/2019 004329 COSTCO TEMECULA 491 MISC SUPPLIES - MPSC 199087 12/19/2019 002631 COUNTS UNLIMITED INC TRAFFIC COUNT DATA COLLECTION SVCS: PW TRAFFIC COUNT DATA COLLECTION SVI 199088 12/19/2019 017038 CPS HR CONSULTING EMPLOYEE TRAINING: HR EMPLOYEE TRAINING: HR EMPLOYEE TRAINING: HR EMPLOYEE TRAINING: HR EMPLOYEE TRAINING: HR 199089 12/19/2019 010650 CRAFTSMEN PLUMBING & MISC PUMP REPAIRS: DUCK POND HVAC INC HVAC REPAIR - STA 84 PLUMBING MAINT - STA 95 Amount Paid Check Total 495.00 495.00 132.00 132.00 690.00 1,964.54 1,964.54 2,864.35 2,532.00 607.50 4,237.91 1,552.50 2,061.74 18,475.08 949.68 199.76 3,592.30 694.16 5,435.90 300.00 300.00 983.64 983.64 339.50 339.50 203.00 203.00 150.42 150.42 14,625.00 1,000.00 15,625.00 4,450.00 4,450.00 8,900.00 8,900.00 4,450.00 31,150.00 18,700.00 445.00 408.00 19, 553.00 Page.-6 apChkLst Final Check List Page: 7 12/19/2019 12:24:OOPM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 199090 12/19/2019 020436 CRONBERG, RICHARD N TCSD INSTRUCTOR EARNINGS 199091 12/19/2019 014580 DANCE THEATRE COLLECTIVE, STTLMNT: DANCEXCHANGE 1/15/19 OF SOUTHERN CALIFORNIA STTLMNT: DANCEXCHANGE 2/19/19 199092 12/19/2019 012600 DAVID EVANS AND OCT DSGN SVCS: PW13-09 TPL ASSOCIATES INC 199093 12/19/2019 020648 DG INVESTMENT HOLDINGS 2 CITYWIDE SURVEILLANCE PRJT:INFO INC, CONVERGINT TECH TECHNOLOGIES 199094 12/19/2019 003945 DIAMOND ENVIRONMENTAL RENTALS: BREAKFAST W/SANTA 12/14 SRVCS TEMPORARY FENCING: JEFFERSON RE 199095 12/19/2019 013939 DOROTHY MCELHINNEY HOLIDAY PARADE BAND MIDDLE SCH. TRANSPORTATION COST 199096 12/19/2019 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: CODE 199097 12/19/2019 016839 EHS INTERNATIONAL, INC. 199098 12/19/2019 011292 ENVIRONMENTAL SCIENCE ASSOC 199099 12/19/2019 000164 ESGIL LLC 199100 12/19/2019 001056 EXCEL LANDSCAPE INC ENFORCEMENT FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: PARK MAINT FUEL FOR CITY VEHICLES: LAND DEV FUEL FOR CITY VEHICLES: POLICE FUEL FOR CITY VEHICLES: PW CIP FUEL FOR CITY VEHICLES: STREET MAI FUEL FOR CITY VEHICLES: BLDG INSIDE FUEL FOR CITY VEHICLES: CODE ENFOI WC SAFETY CONSULTANT: RISK MGMT PREP SEIR: HARVESTON GPA AUG PLAN CK SVCS:BLDG & SAFETY SEP PLAN CK SVCS:BLDG & SAFETY CREDIT: DBL BILLING ADJ: EWO# 6706 CLEAN UP AND INSTALL: EWO# 6706 IRRIG REPAIRS: VARIOUS PARKS LDSCP REPAIRS: TEMECULA PKWY IRRIG REPAIRS: PBSP IRRIG REPAIRS: VARIOUS SLOPES IRRIG REPAIRS: VARI FACILITIES IRRIG REPAIRS: VARI LOCATIONS IRRIG REPAIRS, VARI SLOPES Amount Paid Check Total 378.00 73.50 143.50 689.50 56,321.00 80.20 95.00 200.00 146.77 654.41 1,174.94 91.63 60.41 315.09 1,170.69 206.03 49.13 700.00 735.00 14,794.36 15,620.76 -2,300.00 2,300.00 958.80 1,150.00 95.51 383.77 364.40 1,966.54 1,830.14 378.00 217.00 689.50 56,321.00 175.20 200.00 3,869.10 700.00 735.00 30,415.12 6,749.16 Page:? apChkLst 12/19/2019 12:24:OOPM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 199101 12/19/2019 015330 FAIR HOUSING COUNCIL, OF NOV CDBG SUB -RECIPIENT: FAIR 1,173.89 1,173.89 RIVERSIDE COUNTY INC HOUSING SVC 199102 12/19/2019 002982 FRANCHISE TAX BOARD KRACH, BREE - CASE# 603016103 10.88 10.88 199103 12/19/2019 014865 FREIZE UHLER KIMBERLY DBA, STAFF SHIRTS/UNIFORMS: FINANCE 394.65 CLEAR BLUE PROMOTIONS PROMOTIONAL ITEMS: ECO DEV 134.74 YOUTH INNOVATORS SHIRTS:ECON DE\ 504.33 1,033.72 199104 12/19/2019 016184 FUN EXPRESS LLC, SUPPLIES: HUMAN SVCS: TCSD 94.75 94.75 SUBSIDIARY OF ORIENTAL TR 199105 12/19/2019 012066 GEOCON WEST INC OCT GEOTECH SVCS: PW15-14 6,595.00 6,595.00 PECHANGA 199106 12/19/2019 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: PW -79.68 INC OFC SUPPLIES -PLANNING 10.70 OFC SUPPLIES:SPORTS TCSD 84.83 OFC SUPPLIES:CRC 151.11 MISC OFC SUPPLIES: FIRE STA95 21.47 MISC OFC SUPPLIES: STA73 FIRE 9.76 MISC OFC SUPPLIES: STA73 FIRE 195.00 OFC SUPPLIES: CRC 50.42 443.61 199107 12/19/2019 019177 GOSCH FORD TEMECULA VEHICLE PURCHASE: CITY MGR'S OFC 40,130.98 40,130.98 199108 12/19/2019 021467 GRAPHIC CONCEPTS VEHICLE STRIPING - MEDIC 1,409.47 RESTRIPING -VEH 1-132 TO I-523 PREV 241.13 RESTRIPING - VEH 1-133 TO I-525 PREV 241.13 RESTRIPING - VEH 1-134 TO I-522 PREV 241.13 RESTRIPING - VEH 1-130 TO 1-521 PREV 241.13 ADD CITY VEH ID NUMBER TO ALL ESCP 243.96 2,617.95 199109 12/19/2019 008444 GREAT OAK HIGH SCHOOL HOLIDAY PARADE BAND 300.00 300.00 TRANSPORTATION COST 199110 12/19/2019 021246 GREER'S CONTRACTING AND, OLD TOWN BOARDWALK 225,014.06 225,014.06 CONCRETE INC ENHANCEMENT:PW17-16 Pages apChkLst Final Check List Page: 9 12/19/2019 12:24:OOPM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 199111 12/19/2019 000186 HANKS HARDWARE INC (Continued) Description MAINT SUPPLIES: VARIOUS PARKS MAINT SUPPLIES: VARIOUS PARKS HRDWR SUPPLIES: STA 73 FIRE HRDWR SUPPLIES: PREV FIRE HRDWR SUPPLIES: STA 73 FIRE MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: FOC MAINT SUPPLIES: AQUATICS MAINT SUPPLIES: VARIOUS PARKS MAINT SUPPLIES: VARIOUS PARKS MISC SUPPLIES FOR PW STREET MAINI MAINT SUPPLIES: VARIOUS PARKS MAINT SUPPLIES: VARIOUS PARKS HRDWR SUPPLIES: FIRE STATION 95 HRDWR SUPPLIES: FIRE STATION 73 199112 12/19/2019 020628 HASA INC VARIOUS SUPPLIES: POOL FACILITIES 199113 12/19/2019 015686 HEARTBEATS ENTERTAINMENT: SKIP EVENT 5/8 199114 12/19/2019 010530 1 P C INDUSTRIES INC, DBA: RENTALS:SPECIAL EVENTS PRESTIGE GOLF CARS 199115 12/19/2019 021277 INDUSTRIAL VAN AND TRUCK, CUSTOM SHELVING: IT MEDIA VAN INTERIORS INC DBA 199116 12/19/2019 021562 JOHNSON, ARIANA REFUND: BRIGHT START FOR KIDS 199117 12/19/2019 001091 KEYSER MARSTON NOV ECONOMIC CONSULTING ASSOCIATES INC SVCS:PLNG 199118 12/19/2019 017118 KRACH BREE B, DBA TROPHIES/PLAQUES:SPECIAL TEMECULA TROPHY& DES EVENTS CREDIT. -TAX WITHHOLDING CASE 60301, 199119 12/19/2019 010598 LEIGHTON AND ASSOCIATES GEOTECH REVIEW: TRUAX HOTEL INC PA16-0270 199120 12/19/2019 000482 LEIGHTON CONSULTING INC 11/11-12/8 GEOTECH:BTRFLD PH3, PW15-11 GEOTECH SVCS: RRSP PW18-03 NOV GEOTECH SVCS: PW13-09 TPL 199121 12/19/2019 011145 LODATO JILL CHRISTINE, DBA TCSD INSTRUCTOR EARNINGS BRIGHT START FOR KIDS Amount Paid Check Total 129.78 6.50 19.55 50.00 130.49 34.78 77.72 73.16 16.01 36.93 306.56 10.40 36.95 43.68 320.98 47.77 10.76 242.76 280.00 2,085.75 20,971.76 170.00 3,495.00 43.50 -10.88 3,500.00 17,719.85 8,400.00 3,499.60 327.60 1,352.02 242.76 280.00 2,085.75 20,971.76 170.00 3,495.00 32.62 3,500.00 29,619.45 327.60 Page9 apChkLst 12/19/2019 12:24:OOPM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 199122 12/19/2019 003782 MAIN STREET SIGNS, DBA USE TAX: CITY STREET SIGNAGE: 184.29 ATHACO INC STREET CITY STREET SIGNAGE: STREET MAINT 286.80 471.09 199123 12/19/2019 004141 MAINTEX INC CLEANING SUPPLIES: CIVIC CTR 71.71 CLEANING SUPPLIES: CIVIC CTR 3,496.00 3,567.71 199124 12/19/2019 013650 MAMCO, INC. DBAALABBASI BTRFLD STG RD PH III PW15-11 595,722.91 595,722.91 199125 12/19/2019 015259 MERCURY DISPOSAL HOUSEHOLD BATTERY RECYCLING 109.44 109.44 SYSTEMSINC PRGM 199126 12/19/2019 018314 MICHAEL BAKER OCT ENG SVCS: PW18-04 BIKE PUMP 1,624.65 INTERNATIONAL TRCK OCT DSGN SVCS: PW18-11 PARK & RIDE 22,815.76 24,440.41 199127 12/19/2019 004043 MISSION ELECTRIC SUPPLY LED REPLACE LIGHT FIXTURES: 2,309.85 INC PARKING GARA ELECTRICAL SUPPLIES: FIRE STATIONS 88.99 ELECTRICAL SUPPLIES: PARKS PW 534.23 ELECTRICAL SUPPLIES: FIRE STATIONS 188.50 ELECTRICAL SUPPLIES: FIRE STATIONS 223.94 3,345.51 199128 12/19/2019 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD INSTRUCTOR EARNINGS 346.50 ANN TCSD INSTRUCTOR EARNINGS 346.50 693.00 199129 12/19/2019 016445 MKB PRINTING & BUSINESS CARDS: CODE 81.13 81.13 PROMOTIONAL INC, DBA ENFORCEMENT MINUTEMAN PRESS 199130 12/19/2019 019019 MUSIC CONNECTION LLC STTLMNT: SPEAKEASY AT THE MERC: 214.20 214.20 12/14 199131 12/19/2019 014391 NICHOLS, KELLIE TCSD INSTRUCTOR EARNINGS 258.30 TCSD INSTRUCTOR EARNINGS 453.60 TCSD INSTRUCTOR EARNINGS 428.40 TCSD INSTRUCTOR EARNINGS 151.20 TCSD INSTRUCTOR EARNINGS 305.55 TCSD INSTRUCTOR EARNINGS 176.40 TCSD INSTRUCTOR EARNINGS 302.40 2,075.85 199132 12/19/2019 000209 NUTRIEN AG SOLUTIONS INC, EQUIP REPAIR & MAINT - STA 12 FIRE 79.84 DBA CROP PRODUCTION SRVCS EQUIP REPAIR & MAINT - STA 12 FIRE 82.19 EQUIP REPAIR & MAINT - STA 84 FIRE 174.07 336.10 199133 12/19/2019 009337 NV5 INC OCT PROJ MGT SVCS- PW17-21 MRC 33,793.81 33,793.81 199134 12/19/2019 002105 OLD TOWN TIRE AND SERVICE VEH REPAIR & MAINT: FIRE -MEDIC 2,563.69 VEHICLE REPAIR & MAINT: FIRE -MEDIC 56.75 2,620.44 Page:10 apChkLst Final Check List Page: 11 12/19/2019 12:24:OOPM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 199135 12/19/2019 002105 OLD TOWN TIRE AND SERVICE VEH REPAIR & MAINT: FACILITIES 199136 12/19/2019 002105 OLD TOWN TIRE AND SERVICE VEH REPAIR & MAINT: PW-STREET VEH REPAIR & MAINT: PW-STREET 199137 12/19/2019 007197 PALOMA VALLEY HIGH STIPEND: BAND TRANSPORTATION SCHOOL 12/6 199138 12/19/2019 003663 PECHANGA BAND OF NOV MONITOR: BTTRFLD STG RD LUISENO, MISSION INDIANS PW1511 199139 12/19/2019 021521 PEDERSEN, VICKI L PLEIN AIR COMPETITION: TVM-2ND PLACE 199140 12/19/2019 000253 POSTMASTER POSTAGE SVCS: THEATER -SEASON BROCH 199141 12/19/2019 014379 PROFESSIONAL IMAGE BANNER PGRM: ECONDEV ADVERTISING, DBA EXTREME SIGNSGRAPHICS 199142 12/19/2019 012366 PROJECT TOUCH HOMELESS PREVENTION: OCT-DEC '19 199143 12/19/2019 010652 QUALITY CODE PUBLISHING MUNICIPAL CODE SERVICES: CITY CLERK 199144 12/19/2019 020127 QUINN COMPANY EQUIPMENT RENTAL: PW-STREET 199145 12/19/2019 011952 RAD HATTER, THE, AKA SUPPLIES:TCSD- NEW YEAR'S EVE ANTONIO MELENDEZ 12/31 199146 12/19/2019 000262 RANCHO CALIF WATER FINAL WATER 3004362 27499 DISTRICT COMMERCE CTR 199147 12/19/2019 011853 RANCON COMMERCE CNTR JAN-MAR'20 BUS PRKASSN DUES:STN PH2,3&4 73 199148 12/19/2019 003591 RENES COMMERCIAL WEED ABATEMENT: CITY CHANNELS MANAGEMENT CLEAN-UP: ANNUAL CHRISTMAS FARAD CLEAN-UP: ANNUAL CHRISTMAS FARAD 199149 12/19/2019 016869 RIGHTWAY SITE SERVICES INC RENTALS: ELECTRIC LIGHT PARADE DBA, RIGHTWAY PORTABLE 12/6 TOILET Amount Paid Check Total 1,139.38 1,139.38 313.68 133.72 447.40 300.00 300.00 2,792.64 2,792.64 100.00 100.00 3,977.72 3,977.72 3,181.75 3,181.75 977.00 977.00 2,525.15 2,525.15 374.78 374.78 990.00 990.00 5,386.39 5,386.39 510.71 510.71 7,975.00 2,675.00 3,990.00 14,640.00 1,779.28 1,779.28 Page:11 apChkLst 12/19/2019 12:24:OOPM Final Check List CITY OF TEMECULA Page: 12 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 199150 12/19/2019 000267 RIVERSIDE CO FIRE FPARC-TM, 233441, 19-20, Q1 1,955,474.00 1,955,474.00 DEPARTMENT 199151 12/19/2019 019983 RIVERSIDE CO PROF FY 19/20 CSF: SPARK OF LOVE 700.00 700.00 FIREFIGHTERS, BENEVOLENT TOY -DR FUND 199152 12/19/2019 004274 SAFE AND SECURE LOCKSMITH SVCS: FINANCE 11.42 11.42 LOCKSMITH SRVC 199153 12/19/2019 000278 SAN DIEGO UNION -TRIBUNE LEGAL PUBLICATIONS:CITY 3,599.66 3,599.66 CLRK/PLNG/PW 199154 12/19/2019 020187 SAP AMERICA INC CRYSTAL REPORTS: IT-5 LICENSES 2,047.50 2,047.50 199155 12/19/2019 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY: CITY 30TH ANNIV 200.00 PRESTON PHOTOGRAPHY: CHRISTMAS TREE LIGI 150.00 PHOTOGRAPHY: ELECTRIC PARADE 12/1 200.00 PHOTOGRAPHY: YOUNG WOMEN'S CON 175.00 PHOTOGRAPHY: SISTER CITY BREAKFA 150.00 PHOTOGRAPHY: SISTER CITY PROGRAI 150.00 PHOTOGRAPHY: KMA EXHIBIT 11/19 500.00 PHOTOGRAPHY:TVM-LONGSHADOW Ml 100.00 PHOTOGRAPHY: EOY LUNCHEON 12/5 150.00 1,775.00 199156 12/19/2019 020922 SHARP, ANISSA REIMB: RFRSHMNTS PBLC/TRFFC 52.35 52.35 SFTY 12/12 199157 12/19/2019 009213 SHERRY BERRY MUSIC TIX: JAZZ @ THE MERC 12/12 590.00 590.00 199158 12/19/2019 003506 SHIVELA MIDDLE SCHOOL STIPEND: BAND TRANSPORTATION 200.00 200.00 BAND 12/6 199159 12/19/2019 009746 SIGNS BY TOMORROW SIGNAGE: PLNG-BTTRFLD/HOT 427.50 427.50 SPRINGS 199160 12/19/2019 013482 SILVERMAN ENTERPRISES 12/5-12/6 FACILITY SECURITY: TCSD 388.20 388.20 INC, DBA BAS SECURITY 199161 12/19/2019 000645 SMART AND FINAL INC RFSHMNTS: BREAKFAST WITH SANTA 1,017.03 12/14 SUPPLIES: SENIOR CENTER EVENTS 298.38 1,315.41 199162 12/19/2019 013864 SO PACIFIC MASTERS ASSN 2020 CTMA MEMBERSHIP DUES 60.00 60.00 199163 12/19/2019 000519 SOUTH COUNTY PEST PEST CTRL SVCS: DUCK POND 49.00 49.00 CONTROL INC Page:12 apChkLst Final Check List Page: 13 12/19/2019 12:24:OOPM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 199164 12/19/2019 012652 SOUTHERN CALIFORNIA, DEC GEN USAGE: 0141,0839,2593,9306 TELEPHONE COMPANY 199165 12/19/2019 009379 SOUTHWEST WOMEN'S PERFORMANCE: TVM-2NDSAT 12/14 CHORUS 199166 12/19/2019 000293 STADIUM PIZZA INC RFRSHMNTS: WORKFORCE PROGRAM 199167 12/19/2019 021447 STATEWIDE TRAFFIC SAFETY, STREET MAINT: PW-STREET AND SIGNS INC 199168 12/19/2019 002366 STEAM SUPERIOR CARPET CARPET CLEANING: FIRE-STA 95 CLEANING CARPET CLEANING: FIRE-STA 92 CARPET CLEANING: FIRE- STA 73 CARPET CLEANING: FIRE-STA 84 199169 12/19/2019 021361 TELECOM LAW FIRM PC F/N/A, OCT LEGAL SRVCS: PLANNING KRAMER TELECOM LAW FIRM 199170 12/19/2019 014552 TEMECULA CARRIAGE CARRIAGE RIDE RENTAL:SANTA'S COMPANY, LLC ARRIVAL 11/ 199171 12/19/2019 000515 TEMECULA VALLEY CHAMBER FY19/20 3RD QTR SPONSORSHIP OF, COMMERCE 199172 12/19/2019 016311 TIERCE, NICHOLAS GRAPHIC DESIGN SVCS: THEATER 199173 12/19/2019 019100 TNT ENTERTAINMENT GROUP DJ/SOUND:TCSD-TEM 30TH ANNIV 12/1 LLC 199174 12/19/2019 021560 TOMAS RIVERA MIDDLE STIPEND: BAND TRANSPORTATION SCHOOL 12/6 199175 12/19/2019 019832 TRAUMA INTERVENTION FY19/20 TRAUMA INTERVENTION PRGMS OF, SW RIVERSIDE PGRM: FIRE/P COUNTY INC 199176 12/19/2019 010046 TV CONVENTION &VISITORS OCT'19 IMPRV DISTRICT ASMNTS BUREAU, DBA VISIT TEMECULA VALLEY 199177 12/19/2019 021174 TV PHASE ONE LLC REFUND: TUMF 3,000 SQ FT DEDUCTION 199178 12/19/2019 020994 NHS GIRLS VOLLEYBALL REFUND: SEC DEPOSIT CRC 11/5/18 BOOSTER Amount Paid Check Total 602.85 602.85 200.00 200.00 55.80 55.80 9,472.13 9,472.13 650.00 495.00 600.00 815.00 2,560.00 728.00 728.00 900.00 900.00 43,750.00 43,750.00 3,360.00 3,360.00 10,180.00 10,180.00 200.00 200.00 10,000.00 10,000.00 147,361.33 147,361.33 12,570.00 12,570.00 150.00 150.00 Page:13 apChkLst Final Check List Page: 14 12/19/2019 12:24:OOPM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 199179 12/19/2019 000161 TYLER TECHNOLOGIES, INC EDEN RENEWAL: IT 199180 12/19/2019 007766 UNDERGROUND SERVICE NOV UNDRGRND UTIL LOC ALERTS: ALERT, OF SOUTHERN PW-TRAFFIC CALIFORNIA NOV UNDRGRND UTIL LOC ALERTS: PW 199181 12/19/2019 012549 UPODIUM, AKA JOHN VEH MAINT SUPPLIES: FIRE-STA 73 FONTEYN 199182 12/19/2019 019793 URBANE CAFE, TGH RFRSHMNTS: ACE-AOTW 1/3/20 ENTERPRISES LLC 199183 12/19/2019 008977 VALLEY EVENTS INC RENTALS: SANTA'S ELECTRIC PARADE 12/6 RENTALS: REMEMBRANCE 9/11 199184 12/19/2019 014848 VALUTEC CARD SOLUTIONS NOV'19 TICKETING SVCS: THEATER LLC 199185 12/19/2019 009101 VISION ONE, INC., DBA: NOV SHOWARE TICKETING SVCS: ACCESSO THEATER 199186 12/19/2019 021561 VISTA VERDE MIDDLE SCHOOL STIPEND: BAND TRANSPORTATION 12/6 199187 12/19/2019 019371 VOLGISTICS, INC ANNUAL M EM BERSH I P:TVM-VOLUNTEER 199188 12/19/2019 018147 WADDLETON, JEFFREY L. DJ/MC:ELECTRIC LIGHT PARADE 12/6 TCSD INSTRUCTOR EARNINGS 199189 12/19/2019 006248 WALKER, JESSICA TCSD INSTRUCTOR EARNINGS 199190 12/19/2019 020275 WALLACE & ASSOC NOV CONSTR MGMT:PECH.PKWY, CONSULTING INC PW15-14 199191 12/19/2019 007987 WALMART SUPPLIES: TCSD-MRC SUPPLIES: CRC SUPPLIES: CRC SUPPLIES: TVM-2NDSAT 12/14 SUPPLIES: TVM-2NDSAT 12/14 SUPPLIES: CRC -TEEN ZONE 199192 12/19/2019 019375 WARD, ROSANNE REIMB: SOFTRESOURCES WORKSHOP 199193 12/19/2019 001342 WAXIE SANITARY SUPPLY INC SUPPLIES: CIVIC CENTER Amount Paid Check Total 49,646.56 49,646.56 224.50 128.13 352.63 66.56 66.56 219.44 219.44 6,653.00 267.00 6,920.00 111.91 111.91 3,520.40 3,520.40 200.00 200.00 204.00 204.00 1,110.00 420.00 1,530.00 56.00 56.00 16,773.00 16,773.00 175.44 179.23 304.64 36.48 123.45 85.21 904.45 106.25 106.25 2,070.21 2,070.21 Page:14 apChkLst Final Check List Page: 15 12/19/2019 12:24:OOPM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 199194 12/19/2019 003730 WEST COAST ARBORISTS INC 12/3 TREE MAINT: VINTAGE HILLS 199195 12/19/2019 021023 WESTERN FLOORING, INC. FLOORING REFURBISH:CRC- PICKLEBALL&GYM 199196 12/19/2019 000341 WILLDAN ASSOCIATES INC OCT TRAFFIC ENG SVCS: PW-TRAFFIC OCT TRAFFIC ENG SVCS: PW-TRAFFIC 199197 12/19/2019 021558 Z KITCHEN REFUND:W/D PLNG APPL FOR CUP:PA19-1206 Amount Paid Check Total 636.50 636.50 5,423.95 5,423.95 910.00 9,041.80 9,951.80 3,749.40 3,749.40 Grand total for UNION BANK: 4,333,051.97 Page:15 apChkLst Final Check List Page: 16 12/19/2019 12:24:OOPM CITY OF TEMECULA 194 checks in this report. Grand Total All Checks: 4,333,051.97 Page:16 apChkLst Final Check List Page: 1 12/23/2019 11:34:11AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 7834 12/18/2019 006887 UNION BANK OF CALIFORNIA 021319 SCREAMLINE INVESTMENT KH TRANSP: LIGHTS BEFORE 3,106.00 CORP CHRISTMAS 007208 VINCES SPAGHETTI EXPRESS KH RFRSHMNTS: HOLIDAY EVENT: 500.04 MPSC 017736 FEAST CALIFORNIA CAFE LLC, KH RFRSHMNTS: SANTA'S PARADE 360.78 DBA CORNER BAKERY CAFE EVENT 006952 PAYPAL KH VERISIGN PAYFLOW PRO 232.60 TRANSACTION 001365 RIVERSIDE, COUNTY OF, KH FOOD VENDOR PERMITS: 199.00 ENVIRONMENTAL HEALTH WINTERFEST DEPT 008337 STAPLES BUSINESS CREDIT KH LANYARDS: 30TH ANNIVERSARY 173.82 EVENT 012085 ISTOCK INT'L INC. KH IMAGES FOR PROMOTIONAL 120.00 FLYERS 021043 TEMECULA LAVENDER KH DELEGATION GIFTS: SISTER CITY 80.00 COMPANY 020249 LAUND3R.COM LLC KH LAUNDER TABLE CLOTHS: CONF 80.00 CTR 000152 CALIF PARKS AND KH AWARD SUBMITTAL FEE: TCSD 70.00 RECREATION SOC, C P R S 010046 TV CONVENTION &VISITORS KH DELEGATION GIFTS: SISTER CITY 65.25 BUREAU, DBA VISIT TEMECULA VALLEY 010061 TEMECULA OLIVE OIL KH DELEGATION GIFTS: SISTER CITY 56.55 COMPANY 010897 RUBIO'S RESTAURANTS INC KH RFRSHMNTS: COMMISSIONER 53.09 JUDGING EVENT 016472 OLD TOWN SPICE KH DELEGATION GIFTS: SISTER CITY 52.85 020886 NETFLIX.COM KH MONTHLY CHARGE FOR SVC: CRC 8.99 TEEN ROOM 001365 RIVERSIDE, COUNTY OF, KH FOOD VENDOR PERMITS: 4.72 5,163.69 ENVIRONMENTAL HEALTH WINTERFEST DEPT 7835 12/18/2019 006887 UNION BANK OF CALIFORNIA 000210 LEAGUE OF CALIF CITIES JS REGISTRATION: LOCC RIV DIV MTG 30.00 30.00 7837 12/19/2019 000262 RANCHO CALIF WATER VARI NOV WATER 3000108 REDHAWK 37,744.48 37,744.48 DISTRICT PKWY 7838 12/19/2019 007282 AMAZON COM INC, MISC SUPPLIES: ECON DEV 38.94 SYNCB/AMAZON MISC SUPPLIES: ECON DEV 29.25 68.19 7839 12/19/2019 018858 FRONTIER CALIFORNIA INC DEC INTERNET SVCS-LIBRARY 5.31 5.31 Page:1 apChkLst Final Check List Page: 2 12/23/2019 11:34:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 7840 12/19/2019 018858 FRONTIER CALIFORNIA INC DEC INTERNET SVCS-LIBRARY 7841 12/24/2019 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT SUPPORT 7842 12/24/2019 021301 I C M A RETIREMENT -PLAN ICMA- 401(A) RETIREMENT PLAN 106474 PAYMENT 7843 12/24/2019 000194 1 C M A RETIREMENT -PLAN ICMA-RC RETIREMENT TRUST 457 303355 PAYMENT 7844 12/24/2019 000444 INSTATAX (EDD) STATE TAXES PAYMENT 7845 12/24/2019 000283 INSTATAX (IRS) FEDERAL TAXES PAYMENT 7846 12/24/2019 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 7847 12/24/2019 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT SOLUTION PAYMENT 7848 12/24/2019 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT SOLUTION PAYMENT 7849 12/24/2019 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT RETIREMENT) 199198 12/23/2019 020724 79 FIELD HOCKEY INC TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 199199 12/23/2019 010594 ABC CHILD CARE CENTER PRIZE: LIGHT PARADE WINNER 199200 12/23/2019 001517 AETNA BEHAVIORAL HEALTH JAN EMPLOYEE ASSISTANCE PGRM: LLC, DBA AETNA RESOURCES HR CREDIT: BILLING ADJ - DEDUCTING 9 ME 199201 12/23/2019 003552 AFLAC PREMIUM HOLDING, AFLAC ACCIDENT INDEMNITY C/O BNB BANK LOCKBOX PAYMENT 199202 12/23/2019 003951 ALL AMERICAN ASPHALT NOV PAVEMENT REHAB PRGM: PW19-01 199203 12/23/2019 006915 ALLIES PARTY EQUIPMENT, SUPPLIES/EQUIPMENT:MPSC RENTAL INC RENTALS:SPECIAL EVENTS 199204 12/23/2019 021057 AMERICAN PATRIOT MUSIC FY 19/20 COMMUNITY SVC FUNDING PROJECT Amount Paid Check Total 5.31 5.31 927.68 927.68 1,115.39 1,115.39 11, 355.57 11, 355.57 28,122.37 28,122.37 93,142.10 93,142.10 11,864.01 11,864.01 28.51 28.51 3,207.64 3,207.64 110, 548.92 110, 548.92 462.00 420.00 882.00 200.00 200.00 1,328.80 -39.60 1,289.20 3,752.96 3,752.96 18,993.90 18,993.90 507.76 391.73 899.49 4,784.00 4,784.00 Paget apChkLst 12/23/2019 11:34:11AM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 199205 12/23/2019 002187 ANIMAL FRIENDS OF THE FY 19/20 COMMUNITY SVC FUNDING 4,784.00 4,784.00 VALLEYS 199206 12/23/2019 001445 ASSISTANCE LEAGUE OF FY 19/20 COMMUNITY SVC FUNDING 4,784.00 4,784.00 TEMECULA, VALLEY 199207 12/23/2019 006254 BALLET FOLKLORICO, AKA TCSD INSTRUCTOR EARNINGS 205.80 LORENA HANCOCK TCSD INSTRUCTOR EARNINGS 161.70 TCSD INSTRUCTOR EARNINGS 44.10 411.60 199208 12/23/2019 006690 BEST WESTERN LODGING: CPRS CONF: MENZIMER, 519.90 519.90 KRISTAL 199209 12/23/2019 005716 BIRTH CHOICE OF TEMECULA FY 19/20 COMMUNITY SVC FUNDING 4,784.00 4,784.00 INC 199210 12/23/2019 014284 BLAKELYS TRUCK SERVICE, VEHICLE/EQUIP REPAIRS:PW STREET 725.29 AKA DONALD W BLAKELY MAINT EQUIPMENT REPAIRS: PW STREET MAID 351.36 1,076.65 199211 12/23/2019 003048 BOYS AND GIRLS CLUB, OF FY 19/20 COMMUNITY SVC FUNDING 4,784.00 4,784.00 SOUTHWEST COUNTY 199212 12/23/2019 021542 BRINLEYALLEN DESIGN BEST IN SHOW-PLEIN AIR 500.00 500.00 COMPETITION 199213 12/23/2019 005321 CALIF ASSOC OF CODE, TRAININGS: CODE ENF: COLE 86.00 ENFORCEMENT OFFICERS TRAININGS: CODE ENF: LEWING 43.00 TRAININGS: CODE ENF: COLE 86.00 TRAININGS: CODE ENF: ROMINE 86.00 301.00 199214 12/23/2019 020754 CALIFORNIA LAND MEMBERSHIP RENEWAL: MORENO, 240.00 240.00 SURVEYORS, ASSOCIATION RON 199215 12/23/2019 017132 CANINE SUPPORT TEAMS, INC. FY 19/20 COMMUNITY SVC FUNDING 4,784.00 4,784.00 199216 12/23/2019 004971 CANON FINANCIAL SERVICES 11 CANON COPIERS LEASE:LIBRARY 1,343.12 1,343.12 INC 199217 12/23/2019 021028 CHS EDUCATION REFUND: SEC DEPOSIT CRC 12/12/19 200.00 200.00 FOUNDATION, FOOTBALL 199218 12/23/2019 019468 CHS EDUCATION REFUND: SEC DEPOSIT TCC 12/13/19 200.00 200.00 FOUNDATION, GIRLS TENNIS 199219 12/23/2019 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS 4.00 4.00 CHARITIES PAYMENT Page:3 apChkLst Final Check List Page: 4 12/23/2019 11:34:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 199220 12/23/2019 000442 COMPUTER ALERT SYSTEMS MOTION DETECTOR SVC CALL: CIVIC CTR 199221 12/23/2019 010747 CORNERSTONE CHRISTIAN, REFUND: SEC DEPOSIT 12/15/19 BAPTIST CHURCH 199222 12/23/2019 004329 COSTCO TEMECULA 491 SUPPLIES:WINTER SOLSTICE/NYE 199223 12/23/2019 017542 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 199224 12/23/2019 010650 CRAFTSMEN PLUMBING & PLUMBING REPAIRS: CIVIC CTR HVAC INC 199225 12/23/2019 019858 CUB SCOUT PACK 301 REFUND: SEC DEPOSIT CRC 12/9/19 199226 12/23/2019 020105 CUMBERBATCH, JAMAL TCSD INSTRUCTOR EARNINGS CREDIT: TAX WITHHOLDING CASE 18631 199227 12/23/2019 019720 DIVERSIFIED WATERSCAPES HARVESTON LAKE:ADDTL REPAIRS INC 199228 12/23/2019 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: TRAFFIC DIV FUEL FOR CITY VEHICLES: BLDG INSPE FUEL FOR CITY VEHICLES: CODE ENFOI FUEL FOR CITY VEHICLES: FIRE DEPT 199229 12/23/2019 020363 ELKS OF THE USA REFUND: SEC DEPOSIT CRC 12/7/19 199230 12/23/2019 011202 EMH SPORTS USA INC TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 199231 12/23/2019 015966 ERGO SOLUTION INC ERGONOMIC EVAL & REPORT: JUAN JAIME 199232 12/23/2019 000164 ESGIL LLC OCT PLAN CK SVCS:BLDG & SAFETY NOV PLAN CK SVCS: BLDG & SAFETY 199233 12/23/2019 021058 FALLBROOK HEALTHCARE FY 19/20 COMMUNITY SVC FUNDING FOUNDTN 199234 12/23/2019 000165 FEDERAL EXPRESS INC 11/7-11/12 EXP MAIL SVCS: PLAN/PW 12/06 EXP MAIL SVCS: CITY CLERK Amount Paid Check Total 480.00 480.00 200.00 200.00 246.06 246.06 224.00 224.00 210.00 196.00 196.00 1,050.00 431.00 431.00 200.00 200.00 529.20 -132.30 396.90 29,296.34 29,296.34 220.39 198.11 113.66 39.10 571.26 200.00 200.00 406.00 284.90 126.00 816.90 500.00 500.00 26,237.87 21,385.14 47,623.01 2,393.00 2,393.00 96.78 13.06 109.84 Page:4 apChkLst Final Check List Page: 5 12/23/2019 11:34:11AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor (Continued) Description 199235 12/23/2019 002982 FRANCHISE TAX BOARD CUMBERBATCH, JAMAL - CASE# 1863175 199236 12/23/2019 002982 FRANCHISE TAX BOARD KRACH, BREE - CASE# 603016103 KRACH, BREE - CASE# 603016103 KRACH, BREE - CASE# 603016103 199237 12/23/2019 014865 FREIZE UHLER KIMBERLY DBA, AQUATICS PROMOTIONAL ITEMS: CLEAR BLUE PROMOTIONS HR/CS 199238 12/23/2019 013076 GAUDETYVONNE M, DBA YES TCSD INSTRUCTOR EARNINGS YOU CAN DRAW 199239 12/23/2019 010452 GAYLORD BROS INC SUPPLIES:TVM/ACE/SISTER CITY 199240 12/23/2019 000186 HANKS HARDWARE INC 199241 12/23/2019 012883 JACOB'S HOUSE INC 199242 12/23/2019 017118 KRACH BREE B, DBA TEMECULA TROPHY& DES EVENTS SUPPLIES:TVM/ACE/SISTER CITY EVEN- MAINT SUPPLIES: TVM MAINT SUPPLIES: OLD TOWN THEATER MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: TCC MAINT SUPPLIES: VARI PARKS MAINT SUPPLIES: CRC MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: OLD TOWN MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: MPSC MAINT SUPPLIES: TVM MAINT SUPPLIES: FOC MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: AQUATICS MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: OLD TOWN THEATER MAINT SUPPLIES: OLD TOWN THEATER MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: CIVIC CTR SUPPLIES:TVM/ACE/SISTER CITY EVEN" SUPPLIES:TVM/ACE/SISTER CITY EVEN- MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: VARI PARKS SUPPLIES:TVM/ACE/SISTER CITY EVEN- 1 0 1 10M.11►- CREDIT:TAX WITHHOLDING CASE 603016103 CREDIT:TAX WITHHOLDING CASE 60301 TROPHIES/AWARDS/PLAQUES: SPEC E\ CREDIT:TAX WITHHOLDING CASE 60301 Amount Paid Check Total 132.30 67.55 21.75 6.80 2,712.73 252.00 194.73 14.50 98.75 81.96 75.60 54.83 46.49 46.37 42.46 36.95 32.60 29.98 28.26 28.25 24.53 22.24 21.74 18.04 18.04 16.30 13.02 12.36 10.84 7.47 6.50 5.61 2,393.00 -21.75 -67.55 270.19 -6.80 132.30 96.10 2,712.73 252.00 209.23 779.19 2,393.00 174.09 Page:5 apChkLst Final Check List Page: 6 12/23/2019 11:34:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 199243 12/23/2019 011145 LODATO JILL CHRISTINE, DBA TCSD INSTRUCTOR EARNINGS BRIGHT START FOR KIDS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 199244 12/23/2019 020907 MICHELLE MEDINA, DBA TCSD INSTRUCTOR EARNINGS MICHELLE Q MEDINA TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 199245 12/23/2019 005690 MICHELLE'S PLACE WOMENS FY 19/20 COMMUNITY SVC FUNDING BREAST, CANCER RESOURCE CENTER 199246 12/23/2019 013443 MIDWEST TAPE LLC BOOKS ON TAPE:LIBRARY 199247 12/23/2019 016445 MKB PRINTING & INSPECTOR LOG BOOKS: PW - LID PROMOTIONAL INC, DBA MINUTEMAN PRESS BUS. CARDS, LETTERHEAD:BLDG & SAF 199248 12/23/2019 004040 MORAMARCO, ANTHONY J, TCSD INSTRUCTOR EARNINGS DBA BIGFOOT GRAPHICS TCSD INSTRUCTOR EARNINGS 199249 12/23/2019 004172 NATIONAL CONSTRUCTION FENCING: SANTA'S PARADE: SPEC RENTALS, INC EVENTS 199250 12/23/2019 021263 NCL INC, REFUND: SEC DEPOSIT CRC 12/2/19 MURRIETA-TEMECULA CHAPTER 199251 12/23/2019 001323 NESTLE WATERS NORTH 10/23-11/22 WTR DELIV SVC: TVE2 AMERICA, DBA READYREFRESH 199252 12/23/2019 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES: HR DIV OFFICE SUPPLIES: HR OFFICE SUPPLIES: HR OFFICE SUPPLIES: HR OFFICE SUPPLIES: HR 199253 12/23/2019 018461 PACIFIC PRODUCTS & SUPPLIES: PW-STREET SERVICE LLC 199254 12/23/2019 008605 PSOMAS 10/25-11/21 SVC:PCHNG PKWY ENVIRO 199255 12/23/2019 021567 RELOVA, ZINNIA REFUND: SEC DEPOSIT CRC 12/11/19 199256 12/23/2019 020429 REMOTE SATELLITE SYSTEMS NOV'19 SATELLITE PH AIRTIME: EOC INT'L Amount Paid Check Total 4,258.80 1,039.50 913.50 6,211.80 661.50 539.00 462.00 1,662.50 4,784.00 4,784.00 17.54 17.54 QCYAVA 132.17 364.34 364.00 245.00 609.00 16,169.07 16,169.07 200.00 200.00 87.72 87.72 29.68 28.26 19.52 12.50 11.57 101.53 3,188.41 3,188.41 5,590.00 5,590.00 200.00 200.00 280.00 280.00 Page6 apChkLst 12/23/2019 11:34:11AM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 199257 12/23/2019 021566 RICHARDSON, JAMES REFUND: 'TWAS THE LIGHTS BEFORE 20.00 20.00 199258 12/23/2019 000406 RIVERSIDE CO SHERIFFS 10/10-11/6 LAW ENFORCEMENT 2,363,436.31 2,363,436.31 DEPT 199259 12/23/2019 021564 ROCK MOUNTAIN ELECTRIC REFUND: DUP PMT/NSF CHECK 140.70 140.70 199260 12/23/2019 017446 ROSE AGAIN FOUNDATION FY19/20 COMMUNITY SERVICE 4,784.00 4,784.00 FUNDING 199261 12/23/2019 016439 ROTARY CLUB OF TEMECULA, FY19/20 COMMUNITY SERVICE 4,784.00 4,784.00 FOUNDATION ACCOUNT FUNDING 199262 12/23/2019 013911 SANTA ROSA PLATEAU FY19/20 COMMUNITY SERVICE 2,393.00 2,393.00 NATURE, EDUCATION FUNDING FOUNDATION 199263 12/23/2019 010420 SCHWANK, ZACHARY REFUND: 'TWAS THE LIGHTS BEFORE 20.00 20.00 199264 12/23/2019 015674 SJ LINKING SYSTEMS RENTALS: SPECIAL EVENTS 670.00 670.00 199265 12/23/2019 000645 SMART AND FINAL INC SUPPLIES: SENIOR CENTER EVENTS 409.08 RFRSHMNTS:BREAKFAST W/SANTA 12/1 159.68 568.76 199266 12/23/2019 009379 SOUTHWEST WOMEN'S REFUND: SEC DEPOSIT CRC 12/8/19 168.50 168.50 CHORUS 199267 12/23/2019 013351 SPECIAL OLYMPICS SO CALIF FY19/20 COMMUNITY SERVICE 2,393.00 2,393.00 INC FUNDING 199268 12/23/2019 016262 STEVE ADAMIAK GOLF TCSD INSTRUCTOR EARNINGS 577.50 INSTRUCTION, AKA STEVEN L ADAMIAK TCSD INSTRUCTOR EARNINGS 504.00 TCSD INSTRUCTOR EARNINGS 504.00 TCSD INSTRUCTOR EARNINGS 238.02 1,823.52 199269 12/23/2019 021361 TELECOM LAW FIRM PC F/N/A, AUG LEGAL SRVCS: PLANNING 4,797.00 4,797.00 KRAMER TELECOM LAW FIRM 199270 12/23/2019 003519 TEMECULA VALLEY ART FY19/20 COMMUNITY SERVICE 959.00 959.00 LEAGUE FUNDING 199271 12/23/2019 006529 TEMECULA VALLEY GARDEN REFUND: SEC DEPOSIT CRC 12/10/19 200.00 200.00 CLUB Page:? apChkLst Final Check List Page: 8 12/23/2019 11:34:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 199272 12/23/2019 007824 THESSALONIKA FAMILY FY19/20 COMMUNITY SERVICE 4,784.00 4,784.00 SERVICES FUNDING 199273 12/23/2019 017415 THYSSENKRUPP ELEVATOR ELEVATOR FIRE/LIFE SFTY CK: 990.50 CORP VARIOUS ELEVATOR FIRE/LIFE SFTY CK: PKG GAF 424.50 1,415.00 199274 12/23/2019 021367 TR DESIGN GROUP INC ENG SVCS:FIRE 6,442.60 STN 73-GYM/GARAG E, P W 1913 ENG SVCS:FIRE STN73-GNRTR PAD-PW 3,225.00 9,667.60 199275 12/23/2019 020583 NHS GOLDEN BEAR, REFUND: SEC DEPOSIT CRC 12/5/19 200.00 200.00 FOUNDATION 199276 12/23/2019 000161 TYLER TECHNOLOGIES, INC CONNECT 2020-G.CAMERON 4/26-29 975.00 975.00 199277 12/23/2019 002702 U S POSTAL SERVICE NOV'19 POSTAGE METER DEPOSIT 2,097.95 2,097.95 199278 12/23/2019 008558 VALLEY OF THE MIST REFUND: SEC DEPOSIT CRC 12/10/19 150.00 150.00 QUILTERS 199279 12/23/2019 021410 VIRTUAL PROJECT MANAGER PROJ MGMT SYS:PW-CIP AGMT1 9240 12,000.00 12,000.00 LLC 199280 12/23/2019 021484 VIVINT SOLAR REFUND: APN 944131004 962133013 249.60 249.60 199281 12/23/2019 020399 VOICES FOR CHILDREN FY19-20 CDBG SUB -RECIPIENT PMT 428.11 428.11 199282 12/23/2019 002658 VOLLMUTH, MARY REFUND: 'TWAS THE LIGHTS BEFORE 20.00 20.00 199283 12/23/2019 013286 WEST SAFETY SERVICES INC DEC ENTERPRISE 911 SVC: IT 300.00 300.00 Grand total for UNION BANK: 2,913,020.90 Pages apChkLst Final Check List Page: 9 12/23/2019 11:34:11AM CITY OF TEMECULA 101 checks in this report. Grand Total All Checks: 2,913,020.90 Page9 apChkLst Final Check List Page: 1 12/30/2019 3:33:11 PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description 7850 12/20/2019 010276 TIME WARNER CABLE DEC INTERNET SVCS-41000 MAIN ST 7851 12/20/2019 010276 TIME WARNER CABLE DEC INTERNET SVCS- 28816 PUJOL ST 7852 12/20/2019 010276 TIME WARNER CABLE DEC INTERNET SVCS-32131 SLOOP RD 7853 12/26/2019 010276 TIME WARNER CABLE DEC INTERNET SVCS-30875 RANCHO VISTA RD 7854 12/26/2019 010276 TIME WARNER CABLE DEC INTERNET SVCS-42569 MARGARITA RD 7855 12/23/2019 010276 TIME WARNER CABLE DEC INTERNET SVCS- 30600 PAUBA RD 7856 12/24/2019 018858 FRONTIER CALIFORNIA INC DEC INTERNET SVCS-CHILDREN'S MUSEUM 7857 12/24/2019 018858 FRONTIER CALIFORNIA INC DEC INTERNET SVCS-EXTERNAL DMV LINE 7858 12/24/2019 002390 EASTERN MUNICIPAL WATER NOV WATER 32131 S LOOP RD DIST 7859 12/24/2019 002390 EASTERN MUNICIPAL WATER NOV WATER 32131 S LOOP RD DIST 7860 12/24/2019 002390 EASTERN MUNICIPAL WATER NOV WATER 39656 DIEGO DR DIST 7861 12/24/2019 002390 EASTERN MUNICIPAL WATER NOV WATER 32131 S LOOP RD DIST 7862 12/23/2019 002390 EASTERN MUNICIPAL WATER NOV WATER 31991 RORIPAUGH DIST VALLEY RD 7863 12/23/2019 002390 EASTERN MUNICIPAL WATER NOV WATER 31991 RORIPAUGH DIST VALLEY RD 7864 12/20/2019 000537 SO CALIF EDISON NOV 2-29-974-7899 26953 YNEZ RD 7865 12/20/2019 000537 SO CALIF EDISON NOV 2-30-608-9384 28582 HARVESTON DR Amount Paid Check Total 281.50 281.50 586.83 586.83 229.89 229.89 586.83 586.83 586.83 586.83 594.88 594.88 130.98 130.98 111.84 111.84 45.36 45.36 63.04 63.04 102.40 102.40 166.28 166.28 485.80 485.80 77.54 77.54 174.52 174.52 428.78 428.78 Page:1 apChkLst Final Check List Page: 2 12/30/2019 3:33:11PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 7866 12/23/2019 000537 SO CALIF EDISON 7867 12/23/2019 000537 SO CALIF EDISON 7868 12/23/2019 000537 SO CALIF EDISON 7869 12/23/2019 000537 SO CALIF EDISON 7870 12/23/2019 000537 SO CALIF EDISON 7871 12/23/2019 000537 SO CALIF EDISON 7872 12/16/2019 000537 SO CALIF EDISON 7873 12/27/2019 018858 FRONTIER CALIFORNIA INC 7874 12/27/2019 018858 FRONTIER CALIFORNIA INC 7875 12/27/2019 010276 TIME WARNER CABLE 7876 12/30/2019 021355 PACIFIC PREMIER BANK 199284 12/23/2019 002412 RICHARDS WATSON AND GERSHON 199285 12/30/2019 021430 APPLE, TIMOTHY RYAN 199286 12/30/2019 000475 B N I PUBLICATIONS INC 199287 12/30/2019 021570 BACANEGRA, SOCORRO 199288 12/30/2019 019709 BAGDASARIAN, NADYA 199289 12/30/2019 021568 BOKKES. SOUTHERN (Continued) Description Amount Paid Check Total NOV 2-29-223-9571 30395 MURRIETA 23.16 23.16 HOT NOV 2-33-237-4818 30499 RANCHO CAL 121.61 121.61 RD NOV 2-29-974-7568 26953 YNEZ RD 135.82 135.82 NOV 2-31-419-2659 26706 YNEZ RD 139.62 139.62 NOV 2-31-693-9784 26036 YNEZ RD 366.61 366.61 NOV 2-28-171-2620 40820 427.42 427.42 WINCHESTER RD NOV 2-02-351-5281 30875 RANCHO 3,662.73 3,662.73 VISTA RD DEC INTERNET SVCS-SKATE PARK 195.96 195.96 AND MPSC DEC INTERNET SVCS-CITY HALL 295.98 295.98 DEC INTERNET SVCS-41000 MAIN ST 46.48 46.48 ESCROW ACCT LIB PRKG PHII-ENV 16,816.54 16,816.54 CONSTR OCT 2019 LEGAL SERVICES 79,284.85 79,284.85 PERFORMANCE -AOTW 1/2/20 300.00 300.00 PUBLICATIONS: PW - CIP & LAND DEV 435.44 435.44 REFUND: SEC DEPOSIT CRC 12/22/19 200.00 200.00 REIMB: TEAM PACE 425.00 425.00 REIMB:SPARK OF LOVE TOY DRIVE 226.38 226.38 Paget apChkLst 12/30/2019 3:33:11PM Final Check List CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 199290 12/30/2019 011348 BONCOR WATER SYSTEMS DEC WTR TANK FILTER REPL: STA 73 LLC, DBA SUNSHINE WATER SOFT 199291 12/30/2019 021349 CASA CENTER AGAINST SART EXAMS: TEM PD 12/12/19 SEXUAL, ASSAULT OF SW RIV CO 199292 12/30/2019 018828 CASC ENGINEERING AND, OCT ENG SRVC:RRSP RESTROOM CONSULTING INC RENO, PW18-03 NOV ENG SRVC:OVRLND DR EXT, PW16 199293 12/30/2019 020613 EAGLE PAVING COMPANY INC, PAVEMENT REHAB PGRM: PW18-12 DBATORO ENGINEERING CCO#2 199294 12/30/2019 021157 ENDURING FITNESS 41-1 TCSD INSTRUCTOR EARNINGS 199295 12/30/2019 017736 FEAST CALIFORNIA CAFE LLC, REFRESH MENTS:AOTW 1/3/20 DBA CORNER BAKERY CAFE 199296 12/30/2019 000482 LEIGHTON CONSULTING INC NOV MATUS TESTING:PVMNT REHAB,PW19-06 199297 12/30/2019 013982 M C I COMM SERVICE DEC XXX-0346 GENERAL USAGE DEC XXX-0714 GEN USAGE: PD MALL AL 199298 12/30/2019 006435 MCCONNELL, LISA REIMB:CAP VOLUNTEER APPRECIATION 199299 12/30/2019 021569 MENDOZA, REYNALDO REFUND: SEC DEPOSIT CRC 12/21/19 199300 12/30/2019 012264 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 199301 12/30/2019 009443 MUNYON, DENNIS G. JAN-MAR'20 LIC FEE: O.T. PRKG LOT 199302 12/30/2019 006140 NORTH JEFFERSON BUSINESS JAN-MAR'20ASSN DUES 3561 #20: FV PARK JAN-MAR'20ASSN DUES 3561 #19: FV JAN-MAR'20ASSN DUES 3561 #16: FV JAN-MAR'20ASSN DUES 3561 #17: FV 199303 12/30/2019 014273 PARAGON PARTNERS LTD NOV APPRAISAL & AQUISITION:FV PKW/I15 199304 12/30/2019 021202 PEREZ, JOEL C TCSD INSTRUCTOR EARNINGS Amount Paid Page: 3 Check Total 267.20 267.20 800.00 800.00 880.00 842.25 1,722.25 2,158.87 2,158.87 175.00 175.00 505.38 505.38 1,725.30 1,725.30 35.31 33.01 68.32 2,161.84 2,161.84 200.00 200.00 772.80 336.00 252.00 1,360.80 3,375.00 3,375.00 689.51 663.29 546.06 507.19 2,406.05 750.00 750.00 329.28 329.28 Page3 apChkLst Final Check List Page: 4 12/30/2019 3:33:11PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 199305 12/30/2019 007771 PPSN CORPORATION REFUND: SEC DEPOSIT CRC 12/19/19 199306 12/30/2019 003697 PROJECT DESIGN NOV ENG SVCS: OVERLAND DR CONSULTANTS EXT-PW1606 199307 12/30/2019 020429 REMOTE SATELLITE SYSTEMS JUN '19 SATELLITE PHONE INT'L AIRTIME:EOC JUL'19 SATELLITE PHONE AIRTIME:EOC AUG'19 SATELLITE PHONEAIRTIME:EO( SEPT'19 SATELLITE PHONE AIRTIME:EC OCT'19 SATELLITE PHONE AIRTIME:EO( 199308 12/30/2019 021574 RICHARDSON, BRIDGET RELEASE CLAIMS AGREEMENT PMT 199309 12/30/2019 001592 RIVERSIDE CO INFO OCT EMERGENCY RADIO RENTAL: TECHNOLOGY TEM PD 199310 12/30/2019 004822 RIVERSIDE TRANSIT AGENCY NOV TROLLEY SVC RTE55: RIDERSHIP 199311 12/30/2019 008739 ROSE CITY LABEL, AKA THE PROMO ITEMS: TEM JR STAR OFFICER BADGER LABELS 199312 12/30/2019 012251 ROTH, DONALD J TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 199313 12/30/2019 005786 SPRINT L SITE GPS 9515507076 11/5-12/5/19 199314 12/30/2019 006145 STENO SOLUTIONS NOV TRANSCRIPTION SVCS: TEM TRANSCRIPTION, SRVCS INC POLICE 199315 12/30/2019 012715 TEMECULA RIDGE LTD HOMELESS PREV: IV, RICHARD PARTNERSHIP, DBA TEMECULA RIDGE APTS 199316 12/30/2019 000668 TIMMY D PRODUCTIONS INC DJ/SOUND SVCS: WINTER SOLSTICE 12/21 199317 12/30/2019 021571 TRAPP, ALLISON REFUND: BEAUTY AND THE BEAST JR YOUTH Amount Paid Check Total 200.00 1,500.00 280.00 280.00 280.00 280.00 280.00 3,911.89 2,359.72 1,381.18 976.00 441.00 126.00 100.00 37.08 2,378.03 3,000.00 42.50 199318 12/30/2019 006248 WALKER, JESSICA TCSD INSTRUCTOR EARNINGS 567.00 199319 12/30/2019 021245 WEBB, BEVERLY REFUND: SEC DEPOSIT CC 12/19/19 200.00 Grand total for UNION BANK: 200.00 1,500.00 1,400.00 3,911.89 2,359.72 1,381.18 976.00 567.00 100.00 37.08 2,378.03 3,000.00 42.50 567.00 200.00 144, 382.59 Page:4 apChkLst Final Check List Page: 5 12/30/2019 3:33:11PM CITY OF TEMECULA 63 checks in this report. Grand Total All Checks: 144,382.59 Page:5 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: January 14, 2020 SUBJECT: Approve the City Treasurer's Report as of October 31, 2019 PREPARED BY: Rudy J. Graciano, Fiscal Services Manager RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of October 31, 2019. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of October 31, 2019. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of October 31, 2019 City of Temecula Portfolio Managment Treasury Report 41000 Main Street AW Portfolio Management Temecula, CA 92590 (951)694-6430 Portfolio Summary October 31, 2019 Par Market Book % of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 44,071,953.15 44,071,953.15 44,071,953.15 34.83 1 1 1.878 1.904 Retention Escrow Account 807,745.43 807,745.43 807,745.43 0.64 1 1 0.059 0.060 Letter of Credit 2.00 2.00 2.00 0.00 1 1 0.000 0.000 Trust Accounts 10,077,480.22 10,077,480.22 10,077,480.22 7.96 1 1 10.662 10.810 Local Agency Investment Funds 48,594,672.98 48,674,505.14 48,594,672.98 38.40 1 1 2.160 2.190 Federal Agency Callable Securities 15,000,000.00 15,025,340.00 15,000,000.00 11.85 1,322 381 1.815 1.841 Federal Agency Bullet Securities 8,000,000.00 8,074,720.00 8,000,000.00 6.32 948 429 2.167 2.198 126,551,853.78 126,731,745.94 126,551,853.78 100.00% 217 73 2.685 2.722 Investments Cash Passbook/Checking 10,346,311.83 10,346,311.83 10,346,311.83 1 1 0.000 0.000 (not included in yield calculations) Total Cash and Investments 136,898,165.61 137,078,057.77 136,898,165.61 217 73 2.685 2.722 Total Earnings October 31 Month Ending Fiscal Year To Date Current Year 271,842.22 1,053,760.90 Average Daily Balance 141,157,560.01 141,618,639.30 Effective Rate of Return 2.27% 2.21% Reporting period 10/01/2019-10/31/2019 Portfolio TEME Data Updated: SET_MTH: 12/16/2019 08:59 NL! CP Run Date: 12/16/2019 - 08:59 PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments October 31, 2019 Page 1 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 233358001-6 01-2 BOND F First Amer Govt Oblig Fund Cl 11,278.75 11,278.75 11,278.75 1.700 1.677 1.700 1 233358006-6 01-2 REF RES First Amer Govt Oblig Fund Cl 504,857.18 504,857.18 504,857.18 1.700 1.677 1.700 1 233358000-6 01-2 REF ST First Amer Govt Oblig Fund Cl 87,860.45 87,860.45 87,860.45 1.700 1.677 1.700 1 276213009-6 03-02 COI First Amer Govt Oblig Fund Cl 07/01/2019 0.00 0.00 0.00 0.000 0.000 1 276213008-6 03-02 IMPR First Amer Govt Oblig Fund Cl 419,427.88 419,427.88 419,427.88 1.700 1.677 1.700 1 276213006-6 03-02 RES First Amer Govt Oblig Fund Cl 744,246.67 744,246.67 744,246.67 1.700 1.677 1.700 1 164741002-6 03-03 BOND F First Amer Govt Oblig Fund Cl 07/01/2019 0.00 0.00 0.00 0.000 0.000 1 164741008-6 03-03IMP First Amer Govt Oblig Fund Cl 265,428.85 265,428.85 265,428.85 1.700 1.677 1.700 1 164741006-6 03-03RES First Amer Govt Oblig Fund Cl 406.00 406.00 406.00 1.700 1.677 1.700 1 164741000-6 03-03SPEC First Amer Govt Oblig Fund Cl 197,259.02 197,259.02 197,259.02 1.700 1.677 1.700 1 164742002-6 03-06 BOND F First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 1.630 1.608 1.630 1 164742000-6 03-06SPEC First Amer Govt Oblig Fund Cl 2,699.89 2,699.89 2,699.89 1.700 1.677 1.700 1 229462007-6 03-1 2012 RF First Amer Govt Oblig Fund Cl 3.79 3.79 3.79 1.580 1.558 1.580 1 229462002--6 03-1 BOND FD First Amer Govt Oblig Fund Cl 2,176.83 2,176.83 2,176.83 1.700 1.677 1.700 1 229462009-6 03-1 COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 229462006-6 03-1 RESERV First Amer Govt Oblig Fund Cl 17,469.94 17,469.94 17,469.94 1.700 1.677 1.700 1 229462000-6 03-1 SPECF First Amer Govt Oblig Fund Cl 117,759.61 117,759.61 117,759.61 1.700 1.677 1.700 1 94669921-6 03-1ACQ11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.870 0.858 0.870 1 94669911-6 03-1ACQA11 First Amer Govt Oblig Fund Cl 07/01/2019 0.00 0.00 0.00 0.000 0.000 1 94669917-6 03-1 RES First Amer Govt Oblig Fund Cl 07/01/2019 0.00 0.00 0.00 0.000 0.000 1 94669916-6 03-1 RESB11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94669000-6 03-1 SPTAX11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 276213002-6 03-2 REFU First Amer Govt Oblig Fund Cl 16,981.82 16,981.82 16,981.82 1.700 1.677 1.700 1 276213000-6 03-2 SPEC First Amer Govt Oblig Fund Cl 49,007.40 49,007.40 49,007.40 1.700 1.677 1.700 1 94686001-6 03-4ADMIN11 First Amer Govt Oblig Fund Cl 529.87 529.87 529.87 1.700 1.677 1.700 1 94686005-6 034PREP11 First Amer Govt Oblig Fund Cl 13.55 13.55 13.55 1.700 1.677 1.700 1 94686000-6 034RED11 First Amer Govt Oblig Fund Cl 101,495.48 101,495.48 101,495.48 1.700 1.677 1.700 1 94686006-6 034RES11 First Amer Govt Oblig Fund Cl 21,596.02 21,596.02 21,596.02 1.700 1.677 1.700 1 276213022-6 16-01 BOND F First Amer Govt Oblig Fund Cl 68,812.96 68,812.96 68,812.96 1.700 1.677 1.700 1 276213023-6 16-01 CAPINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.870 0.858 0.870 1 276213029-6 16-01 COI First Amer Govt Oblig Fund Cl 07/01/2019 0.00 0.00 0.00 0.000 0.000 1 276213028-6 16-01IMP First Amer Govt Oblig Fund Cl 6,671,168.29 6,671,168.29 6,671,168.29 1.700 1.677 1.700 1 276213026-6 16-01 RESERV First Amer Govt Oblig Fund Cl 3,163,703.65 3,163,703.65 3,163,703.65 1.700 1.677 1.700 1 276213020-6 16-01 SPECF First Amer Govt Oblig Fund Cl 178,573.63 178,573.63 178,573.63 1.700 1.677 1.700 1 218848001-6 2017A&BINT First Amer Govt Oblig Fund Cl 1,003.28 1,003.28 1,003.28 1.700 1.677 1.700 1 218848008-6 2017ABPRIORP First Amer Govt Oblig Fund Cl 17,818.06 17,818.06 17,818.06 1.700 1.677 1.700 1 218848013-2 2017B COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 218848000-6 2017B DS First Amer Govt Oblig Fund Cl 7,253.56 7,253.56 7,253.56 1.700 1.677 1.700 1 Data Updated: SET _MTH: 12/16/2019 08:59 Run Date: 12/16/2019 - 08:59 Portfolio TEME NLI CP PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments October 31, 2019 Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 218848002-6 2017B PRIN First Amer Govt Oblig Fund Cl 402.30 402.30 402.30 1.690 1.667 1.690 1 218848009-6 2017B_PROJ First Amer Govt Oblig Fund Cl 13,020,141.83 13,020,141.83 13,020,141.83 1.700 1.677 1.700 1 233358009-6 233358009-6 First Amer Govt Oblig Fund Cl 07/01/2019 0.00 0.00 0.00 0.000 0.000 1 94434160-6 RDA-021NT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94434161-6 RDA-02PRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886000-6 RDA-06AINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886001-6 RDA06APRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886010-6 RDA06BINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886011-6 RDA06BPRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.680 0.671 0.680 1 107886016-6 RDA06BRES First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 107886020-6 RDA071NT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886021-6 RDA07PRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.930 0.917 0.930 1 107886028-6 RDA07PROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 107886026-6 RDA07RES First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 136343008-6 RDA10APROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343018-6 RDA10BPROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343000-6 RDA10INT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343001-6 RDA10PRIN First Amer Govt Oblig Fund Cl 07/01/2019 0.00 0.00 0.00 0.000 0.000 1 136343006-6 RDA10RSRV First Amer Govt Oblig Fund Cl 07/01/2019 0.00 0.00 0.00 0.000 0.000 1 146161000-6 RDA11AINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 146161001-6 RDA11APRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BOND3 First American Treasury 07/01/2019 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INT1 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 136343018-2 RDA 10B CIP2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 146161008-3 RDA11APROJ Federated Institutional Tax Fr 0.00 0.00 0.00 0.800 0.789 0.800 1 146161006-3 RDA11ARSRV Federated Institutional Tax Fr 07/01/2019 0.00 0.00 0.00 0.000 0.000 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669917-5 03-01 RES Federated Tax Free Obligations 07/01/2019 0.00 0.00 0.00 0.000 0.000 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 164742006-5 03-06 RES Federated Tax Free Obligations 07/01/2019 0.00 0.00 0.00 0.000 0.000 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669902-5 03-1 bond fd Federated Tax Free Obligations 07/01/2019 0.00 0.00 0.00 0.000 0.000 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94686005-5 034 PREP11 Federated Tax Free Obligations 07/01/2019 0.00 0.00 0.00 0.000 0.000 1 Data Updated: SET _MTH: 12/16/2019 08:59 Run Date: 12/16/2019 - 08:59 Portfolio TEME NLI CP PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments October 31, 2019 Page 3 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 94686006-5 03-4 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669917-1 03-01-1 RES CA Local Agency Investment Fun 0.00 0.00 0.00 2.190 2.160 2.190 1 276213008-1 03-02 IMP CA Local Agency Investment Fun 15,746,916.05 15,746,916.05 15,746,916.05 2.190 2.160 2.190 1 164742006-1 03-06 RES-1 CA Local Agency Investment Fun 325,852.47 325,852.47 325,852.47 2.190 2.160 2.190 1 229462007-1 03-1 2012 RE CA Local Agency Investment Fun 799,376.64 799,376.64 799,376.64 2.190 2.160 2.190 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 2.190 2.160 2.190 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 2.190 2.160 2.190 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 2.190 2.160 2.190 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 1,509,996.11 1,509,996.11 1,509,996.11 2.190 2.160 2.190 1 107886028-1 RDA 07 PRO-1 CA Local Agency Investment Fun 0.00 0.00 0.00 2.190 2.160 2.190 1 107886026-1 RDA 07 RES-1 CA Local Agency Investment Fun 0.00 0.00 0.00 2.190 2.160 2.190 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 2.190 2.160 2.190 1 229462020-0 03-01 CASH USBANK 435.32 435.32 435.32 0.000 0.000 1 233358050-1 01-2 SPECESC U.S. Treasury 0.00 0.00 0.00 0.360 0.355 0.360 1 Subtotal and Average 44,010,240.19 44,071,953.15 44,071,953.15 44,071,953.15 1.878 1.904 1 Retention Escrow Account NOBEL COMPANY Nobel Comp Banner Bank 0.00 0.00 0.00 0.370 0.365 0.370 1 PACIFIC PREMIER 20190607-882 PACIFIC PREMIER 08/01/2019 34,883.14 34,883.14 34,883.14 0.000 0.000 1 218848050-0 2002 ESCROW USBANK 07/01/2019 0.00 0.00 0.00 0.000 0.000 1 218848060-0 2006AESCRO USBANK 07/01/2019 0.00 0.00 0.00 0.000 0.000 1 218848070-0 2006BESCRO USBANK 07/01/2019 0.00 0.00 0.00 0.000 0.000 1 218848080-0 2007ESCROW USBANK 07/01/2019 0.00 0.00 0.00 0.000 0.000 1 229462020-2 03-01 ESCROW U.S. Treasury 772,862.29 772,862.29 772,862.29 0.063 0.062 0.063 1 Subtotal and Average 783,609.42 807,745.43 807,745.43 807,745.43 0.059 0.060 1 Letter of Credit 218848006-1 2017B RESER ASSURED GUARANTY MUNICIPAL COR 07/01/2019 1.00 1.00 1.00 0.000 0.000 1 233358006-1 01-2 REFRESI ASSURANCE CO BOND INSURANCE 07/01/2019 1.00 1.00 1.00 0.000 0.000 1 Subtotal and Average 2.00 2.00 2.00 2.00 0.000 0.000 1 Trust Accounts 6746058700 PARS Pension US Bank Trust 10,077,480.22 10,077,480.22 10,077,480.22 10.810 10.662 10.810 1 Subtotal and Average 9,971,819.05 10,077,480.22 10,077,480.22 10,077,480.22 10.662 10.810 1 Local Agency Investment Funds SYSCITY CITY CA Local Agency Investment Fun 23,757,942.26 23,796,972.21 23,757,942.26 2.190 2.160 2.190 1 SYSRDA RDA CA Local Agency Investment Fun 1,853.59 1,856.64 1,853.59 2.190 2.160 2.190 1 Portfolio TEME Data Updated: SET _MTH: 12/16/2019 08:59 NLI CP Run Date: 12/16/2019 - 08:59 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments October 31, 2019 Page 4 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds SYSTCSD TCSD CA Local Agency Investment Fun 24,834,877.13 24,875,676.29 24,834,877.13 2.190 2.160 2.190 1 Subtotal and Average 51,203,478.33 Federal Agency Callable Securities 3130AAME5 01226 3130AANA2 01227 3130AB3N4 01231 3130ABYY6 01235 3130ACN83 01238 3130ADFV9 01241 3130AFD38 01248 3134G8PP8 01220 3134GBAB8 01229 3134GBGZ9 01232 3134GBNK4 01234 3134GBL42 01237 3134GBR95 01239 3134GSMF9 01246 3136G2WT0 01216 3136G2XH5 01217 3136G3CL7 01218 3136G3TE5 01221 48,594,672.98 48,674,505.14 48,594,672.98 2.160 2.190 1 Federal Home Loan Bank 01/30/2017 0.00 0.00 0.00 2.020 1.948 1.975 816 01/25/2022 Federal Home Loan Bank 01/30/2017 1,000,000.00 1,001,160.00 1,000,000.00 1.750 1.726 1.750 272 07/30/2020 Federal Home Loan Bank 04/28/2017 0.00 0.00 0.00 1.550 1.529 1.550 29 10/29/2019 Federal Home Loan Bank 08/24/2017 1,000,000.00 1,001,000.00 1,000,000.00 1.750 1.726 1.750 481 02/24/2021 Federal Home Loan Bank 10/30/2017 1,000,000.00 1,000,330.00 1,000,000.00 1.700 1.677 1.700 196 05/15/2020 Federal Home Loan Bank 01/29/2018 1,000,000.00 1,000,250.00 1,000,000.00 2.250 2.219 2.250 455 01/29/2021 Federal Home Loan Bank 11/27/2018 1,000,000.00 1,000,810.00 1,000,000.00 3.000 2.959 3.000 392 11/27/2020 Federal Home Loan Mtg Corp 03/30/2016 1,000,000.00 999,600.00 1,000,000.00 1.500 1.661 1.684 334 09/30/2020 Federal Home Loan Mtg Corp 03/27/2017 1,000,000.00 1,000,300.00 1,000,000.00 1.670 1.647 1.670 147 03/27/2020 Federal Home Loan Mtg Corp 04/27/2017 1,000,000.00 1,009,540.00 1,000,000.00 2.000 1.964 1.991 818 01/27/2022 Federal Home Loan Mtg Corp 05/30/2017 1,000,000.00 1,000,190.00 1,000,000.00 1.625 1.603 1.625 210 05/29/2020 Federal Home Loan Mtg Corp 09/28/2017 1,000,000.00 1,000,750.00 1,000,000.00 1.670 1.647 1.670 332 09/28/2020 Federal Home Loan Mtg Corp 10/30/2017 0.00 0.00 0.00 1.625 1.603 1.625 30 10/30/2019 Federal Home Loan Mtg Corp 05/30/2018 1,000,000.00 1,017,560.00 1,000,000.00 3.000 2.959 3.000 1,302 05/26/2023 Federal National Mtg Assn 01/27/2016 1,000,000.00 999,640.00 1,000,000.00 1.450 1.430 1.450 87 01/27/2020 Federal National Mtg Assn 02/24/2016 1,000,000.00 999,300.00 1,000,000.00 1.400 1.381 1.400 115 02/24/2020 Federal National Mtg Assn 03/24/2016 1,000,000.00 997,460.00 1,000,000.00 1.420 1.401 1.420 328 09/24/2020 Federal National Mtg Assn 06/29/2016 1,000,000.00 997,450.00 1,000,000.00 1.250 1.233 1.250 241 06/29/2020 Subtotal and Average 17,612,903.23 Federal Agency Bullet Securities 3133EGJ30 01225 3133EJT74 01249 3130ADEB4 01240 3130ADR79 01243 3130ADSJ2 01244 3130ADXUl 01245 3130AHF81 01251 3135GOU92 01250 15,000,000.00 15, 025, 340.00 15,000,000.00 1.815 1.841 381 Federal Farm Credit Bank 11/18/2016 1,000,000.00 999,700.00 1,000,000.00 1.100 1.085 1.100 17 11/18/2019 Federal Farm Credit Bank 11/15/2018 1,000,000.00 1,029,770.00 1,000,000.00 3.050 3.008 3.050 745 11/15/2021 Federal Home Loan Bank 01/12/2018 1,000,000.00 1,005,820.00 1,000,000.00 2.125 2.096 2.125 438 01/12/2021 Federal Home Loan Bank 03/20/2018 1,000,000.00 1,002,810.00 1,000,000.00 2.300 2.268 2.300 140 03/20/2020 Federal Home Loan Bank 03/08/2018 1,000,000.00 1,011,820.00 1,000,000.00 2.460 2.426 2.460 493 03/08/2021 Federal Home Loan Bank 04/09/2018 1,000,000.00 1,001,110.00 1,000,000.00 2.320 2.288 2.320 69 01/09/2020 Federal Home Loan Bank 10/25/2019 1,000,000.00 1,000,980.00 1,000,000.00 1.600 1.578 1.600 724 10/25/2021 Federal National Mtg Assn 01/11/2019 1,000,000.00 1,022,710.00 1,000,000.00 2.625 2.589 2.625 802 01/11/2022 Subtotal and Average 7,225,806.45 Data Updated: SET _MTH: 12/16/2019 08:59 Run Date: 12/16/2019 - 08:59 8,000,000.00 8,074,720.00 8,000,000.00 2.167 2.198 429 Portfolio TEME NLI CP PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments October 31, 2019 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Total and Average 141,157,560.01 126,551,853.78 126,731,745.94 126,551,853.78 2.685 2.722 73 Page 5 Portfolio TEME Data Updated: SET _MTH: 12/16/2019 08:59 NL! CP Run Dale: 12/16/2019 - 08:59 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Cash October 31, 2019 Page 6 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Passbook/Checking Accounts 1453718479 WORKERS BANK OF AMERICA MERRILL LYNC 07/01/2019 9,447.02 9,447.02 9,447.02 0.000 0.000 1 SYSPetty Cash Petty Cash City of Temecula 07/01/2019 3,911.00 3,911.00 3,911.00 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 10,321,299.81 10,321,299.81 10,321,299.81 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2019 11,654.00 11,654.00 11,654.00 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments Data Updated: SET _MTH: 12/16/2019 08:59 Run Date: 12/16/2019 - 08:59 141,157,560.01 136,898,165.61 137,078,057.77 136,898,165.61 2.685 2.722 73 Portfolio TEME NLI CP PM (PRF_PM2) 7.3.0 Cash and Investments Report CITY OF TEMECULA Through October2019 Fund # Fund Name Beginning Balance Receipts Disbursements Fund Total 001 GENERAL FUND $ 32,369,771.72 $ 11,241,497.91 $ 10,127,166.12 $ 33,484,103.51 002 MEASURE S FUND 4,394,267.82 2,892,645.41 25,592.71 7,261,320.52 100 STATE GAS TAX FUND 389,638.97 536,428.51 389,638.97 536,428.51 102 RMRA-ROAD MAINTENANCE REHABILITATION ACT 1,663,322.19 208,102.66 - 1,871,424.85 103 STREETS MAINTENANCE FUND 1,785,939.46 7,433.26 1,793,372.72 120 DEVELOPMENT IMPACT FUND 4,473,762.38 797,123.96 - 5,270,886.34 125 PEG PUBLIC EDUCATION & GOVERNMENT 316,118.63 2,013.82 1,416.18 316,716.27 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 193,841.31 1,113.09 - 194,954.40 150 AB 2766 FUND 224,845.48 1,153.10 10,000.00 215,998.58 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 52.39 104,643.72 52.39 104,643.72 161 TEMECULA MAJOR CRIMES REWARD FUND 26,499.68 152.16 - 26,651.84 165 AFFORDABLE HOUSING 753,425.19 2,826.18 41,446.03 714,805.34 170 MEASURE A FUND 4,876,508.90 347,024.51 - 5,223,533.41 190 TEMECULA COMMUNITY SERVICES DISTRICT 1,399,103.14 233,169.30 1,618,254.08 14,018.36 192 TCSD SERVICE LEVEL "B" STREET LIGHTS - 80,339.34 80,339.34 - 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 163,904.36 3,516.23 14,549.22 152,871.37 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 17,450.49 111.90 - 17,562.39 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 365,087.93 3,841.53 21,260.37 347,669.09 197 TEMECULA LIBRARY FUND 417,723.44 9,708.38 131,602.62 295,829.20 198 PUBLIC ART 24,089.85 3,728.85 - 27,818.70 210 CAPITAL IMPROVEMENT PROJECT FUND 16,866,678.68 321,922.59 5,395,056.98 11,793,544.29 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 264,998.45 430.40 265,428.85 277 CFD-RORIPAUGH 16,209,689.52 97,889.04 16,307,578.56 278 CFD-RORIPAUGH II 6,660,350.90 10,817.39 - 6,671,168.29 300 INSURANCE FUND 266,446.22 836,928.93 145,089.70 958,285.45 305 WORKER'S COMPENSATION 1,933,688.18 11,143.73 11,965.38 1,932,866.53 310 VEHICLES AND EQUIPMENT FUND 1,998,982.31 56,655.99 101,793.98 1,953,844.32 320 INFORMATION TECHNOLOGY 243,213.01 928,239.74 278,909.74 892,543.01 325 TECHNOLOGY REPLACEMENT FUND 1,355,983.24 47,728.85 300.00 1,403,412.09 330 CENTRAL SERVICES - 55,278.31 36,198.57 19,079.74 335 CENTRAL SERVICES 331,283.14 35,720.46 43,500.00 323,503.60 340 FACILITIES 357,027.78 340,761.56 166,752.43 531,036.91 350 FACILITY REPLACEMENT FUND 225,156.94 9,800.22 1,758.00 233,199.16 380 SARDA DEBT SERVICE FUND 13,327,321.07 21,216.24 - 13,348,537.31 381 REDEVELOPMEN PROPERTY TAX TRUST 1,672,695.19 10,612.35 1,683,307.54 460 CFD 88-12 DEBT SERVICE FUND 92,937.57 533.68 - 93,471.25 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 648,022.42 2,372.50 2,727.47 647,667.45 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,749,748.29 7,981.72 5,197.46 1,752,532.55 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 130,568.50 289.03 527.46 130,330.07 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 2,084,756.71 12,403.23 3,207.43 2,093,952.51 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 378,634.46 2,381.79 3,086.96 377,929.29 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 858,077.96 1,834.51 3,243.50 856,668.97 478 CFD-RORIPAUGH II 3,448,733.48 6,814.88 2,727.46 3,452,820.90 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 5,162.75 80.19 3,353.52 1,889.42 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 88,212.89 532.90 2,584.86 86,160.93 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 28,611.12 210.81 3,206.79 25,615.14 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 2,403.23 21.09 490.20 1,934.12 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 20,840.37 147.83 2,601.34 18,386.86 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 29,239.54 191.21 1,628.77 27,801.98 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 1,116.47 54.12 1,170.59 - 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 81,822.06 563.24 16,189.76 66,195.54 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 26,345.82 153.70 202.53 26,296.99 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10,001.10 70.01 625.98 9,445.13 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 2,455.46 15.36 148.57 2,322.25 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 91,497.28 589.78 10,285.84 81,801.22 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 18,280.25 129.22 2,374.23 16,035.24 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 5,639.60 45.37 1,340.60 4,344.37 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 5,916.16 40.03 600.95 5,355.24 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 49,050.27 300.25 2,782.15 46,568.37 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1,120.36 7.99 138.25 990.10 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 37,611.73 302.49 7,391.18 30,523.04 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 84,920.17 530.12 3,784.83 81,665.46 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 180,698.78 1,146.06 15,471.29 166,373.55 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 2O2,527.39 1,339.21 17,831.96 186,034.64 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 6,235.39 39.32 313.39 5,961.32 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 16,911.53 102.19 543.53 16,470.19 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 33,645.27 464.15 14,748.83 19,360.59 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 53,778.77 342.46 3,733.99 50,387.24 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 827.60 5.96 220.02 613.54 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 6,781.11 49.35 1,333.85 5,496.61 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 406,479.78 2,570.30 22,327.84 386,722.24 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 1,174.93 8.75 239.10 944.58 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 35,360.84 203.05 - 35,563.89 701 PENSION RATE STABILIZATION FUND 9,968,297.01 109,183.21 10,077,480.22 Grand Total: $ 136,463,312.38 $ 19,415,770.68 $ 18,801,025.29 $ 137,078,057.77 Journal Entries completed after September's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns. Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 14, 2020 SUBJECT: Adopt Ordinance 19-16 Amending Section 8.28.210 of the Municipal Code Regarding Stormwater Discharges (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 19-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 8.28.210 OF THE TEMECULA MUNICIPAL CODE REGARDING STORMWATER DISCHARGES BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present. Ordinance No. 19-16 was first introduced at the regularly scheduled meeting of December 10, 2019. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO. 19-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 8.28.210 OF THE TEMECULA MUNICIPAL CODE REGARDING STORMWATER DISCHARGES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Subsection (A)(12) of Section 8.28.210 (Exempted discharges.) of Chapter 8.28 (Stormwater and Urban Run Off Management and Discharge Controls) of Title 8 (Health and Safety) of the Temecula Municipal Code is hereby deleted, and the remaining Subsection shall be renumbered accordingly. Section 2. The City Council hereby finds, in the exercise of its independent judgment, that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") and the City's CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance, which clarifies that runoff from irrigation water is a prohibited discharge will have a significant effect on the environment. The City already prohibits runoff from irrigation water, and is now clarifying that this prohibition also applies to runoff from irrigation water from a potable water source. In addition, the adoption of the Ordinance is exempt from CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 as the City is taking action to protect, maintain, restore and enhance natural resources and the environment. Staff is hereby directed to prepare and post a notice of exemption pursuant to CEQA Guidelines Section 15062. Section 3. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of January, 2020. James Stewart, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 19-16 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the loth day of December, 2019, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of January, 2020, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 14, 2020 SUBJECT: Approve Annual Boards and Commissions Handbook for Calendar Year 2020 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council approve the annual Boards and Commissions Handbook for calendar year 2020. BACKGROUND: The City Council first approved the Boards and Commissions Handbook on February 26, 1991. The handbook was subsequently amended on April 25, 2006 to include additional appointment guidelines. On December 9, 2014, the City Council approved a wholesale update to the handbook to reflect changes in the law, current practices and procedures, and the general role and authority of board and commission members. The handbook is brought to the City Council annually at the beginning of each year ensuring that the document remains current while providing the City Council with an opportunity to consider any additional changes that may be desired. There are no substantive changes proposed to the 2020 handbook. Minor administrative changes include reference to the year and name/title changes for Council and staff. The 2020 Boards and Commissions Handbook will be distributed electronically to the City Council, Board and Commission Members and staff after final approval by the City Council. FISCAL IMPACT: None ATTACHMENTS: Handbook City of Temecula Boards and Commissions Handbook T E Alter 1989 . NEW oe�a� Updated January 14, 2020 TABLE OF CONTENTS Section 1 . a ......... . . . . ....... ....... Letter of Welcome Section .............................. Role & Authority Section ... r r r... a ■ ■ ■ ■ ■ ■ a a. a a. Policies and Procedures Section 4. m a m a.. a a a a. Relevant Municipal Code Sections Section ...................... AB 1234 Ethics Training Section 6. . . . . . . . . . . . . . . Statement of Economic Interest Section 7.. a ...... Summary of Conflict of Interest Laws Section ................. Summary of Brown Act Laws Section 9 ............ Summary of Public Records Laws Section 10.... Resource List SECTION 1 City of Temecula J 41000 Main Street • Temecula, CA 92590 Phone l951a 494-6444 • Fax i951j 694-6449 • www.cgoftemecula.org Dear Board or Commissioner Member On behalf of the City Council and the citizens of Temecula, welcome to your new or continuing role in the community. The City of Temecula is fortunate to have dedicated citizens like you who are willing to share their experience and knowledge through service on a City board or commission. The mission statement for the City of Temecula reads as follows: "The mission of the City of Temecula is to maintain a safe, secure, clean, healthy, and orderly community; to balance the utilization of open space, parks, trail facilities, quality jobs, public transportation, diverse housing, and adequate infrastructure; and to enhance and revitalize historic areas. The City will encourage programs for all age groups, utilize its human resources, and preserve its natural resources while stimulating technology, promoting commerce, and utilizing sound fiscal policy. It is the City Council's resolve that this mission will instill a sense of pride and accomplishment in its citizens and that the City will be known as a progressive, innovative, balanced, and environmentally sensitive community." As a board or commission member, you will play an important role in the achievement of this mission. Your ideas and advice on a variety of City issues will assist the City Council in fulfilling its responsibilities to our citizens. In addition, your service will give you an opportunity to increase your knowledge about municipal government operations and you will see the results of your work with fellow members put into action by the City Council, City Manager and City departments. Thank you for accepting this responsibility and challenge. Your service to our community is greatly appreciated. We hope that you will find your service as a board or commission to be both enjoyable and rewarding. Sincerely, James Stewart Mayor SECTION 2 THE COMMISSIONER'S ROLE AND AUTHORITY The primary role of the City boards and commissions is to encourage increased public input and citizen participation in the determination of City policies and procedures. City boards and commissions are not involved in the administration or operation of City departments. Board and commission members may not direct administrative staff to initiate programs, conduct major studies, or establish official policy without the approval of the City Council. However, City staff members are available to provide general staff assistance to boards and commissions. Despite boards and commissions differing tasks, all share some basic responsibilities. Members need to stay informed on subjects of interest to their specific board or commission. The City Council of the City of Temecula encourages and provides opportunities for continuing education to assist the members of City boards and commissions in the conduct of their duties. Conscientious attendance is also a fundamental responsibility, as irregular attendance lessens one's ability to study all aspects of items under consideration. Three unexcused, consecutive absences constitute a vacancy of office. Upon appointment to a board or commission, staff from the City Clerk's department will provide a formalized orientation to provide a thorough review of the Boards and Commissions Handbook; including the Brown Act and conflicts of interest. A more detailed orientation related to specific board and commission issues will be addressed by the lead department. Each member of a board or commission is encouraged to: • Occasionally attend City Council meetings • Attend another board or commission meeting to better understand roles and develop relationships ■ Make presentations at board or commission meetings • Participate in subcommittee opportunities • Participate in a board or commission self -assessment once a year All members are expected to regularly attend their respective board or commission meetings, and attend and support City special events. Community Services Commissioners are also expected to regularly visit all park sites and City facilities being mindful of their intended service to the public. CS Commissioners are encouraged to be engaged with a "license to be creative". Planning Commissioners are also expected to have a firm understanding of the City's General Plan, the Zoning Code, and Standard Conditions of Approval. They are encouraged to visit properties that have submitted applications or are pending review. Planning Commissioners need to disclose their visits and observations at the public hearing on the matter in order so that the applicant has the opportunity to comment on whatever the Planning Commissioner may have observed. Old Town Local Review Board Members are also expected to have an understanding of the General Plan, as well as the Old Town Specific Plan, be familiar with the history of Old Town and regularly visit Old Town facilities. PublicfTraffic Safety Commissioners are also expected to exercise vigilance for traffic/safety hazards and reporting of graffiti; be proactive with respect to public safety and emergency management; become familiar with neighborhoods and communities; occasionally volunteer at DUI check points; and perform periodic inspections of and visits to City facilities. incoming board and commissioner members are encouraged to utilize the following checklist in their first year of service to help them get more acquainted with the City, its values, operational structure, and their board or commission's primary area of focus: All Board or Commission Members: * Attend at least four City Council Meetings * Attend City Sponsored Special Events (i.e., Fourth of July Parade/Fireworks Celebratton, Holiday Parade, Ribbon Cuttings/Dedication Ceremonies, etc.) * Meet with the City Council Commission/Board Liaison to Review Role and Expectations r Meet with the City Manager and/or Assistant City Manager to Review current City Priorities Meet with the City Clerk and/or Designee to Review Disclosure Filing and Ethics Training Requirements f Attend an HOA Meeting f Visit the Saturday Morning Old Town Farmer's Market Community Services Commission: Visit each of the City's Park Sites Visit each of the City's Community Service Facilities Planning Commission • Attend a City Council Meeting that Includes an Item Pertaining to Planning Commission Review • Visit a development project approved within the past two years to review how the Conditions of Approval are being implemented and report back to the Commission Old Town Local Review Board Attend Two or More Old Town Temecula Association (OTTA) Meetings Visit the Temecula History Museum Attend a Planning Commission Meeting that Includes an Item Pertaining to Old Town Public/Traffic Safety Observe a DUI check point Visit each Fire Station ✓ Visit the Southwest Justice Center Visit Each Police Storefront/Substation RULES AND REGULATIONS FOR CITIZEN MEMBERS It is not appropriate for individual members to present their personal views or recommendations as representing the board or commission unless such body has voted to approve such action. Members expressing views not approved by the majority of the board or commission should indicate their opinions are viewed as "private citizens." Individual opinions must be identified as such. Public statements should not include promises that may be construed to be binding on the Committee, City Council, or City staff. When making a public statement, members should indicate that board or commission actions are recommendations and that final action will be taken by the City Council Revised 12/2018 Planning Commissioners should not express any views on projects that will come before the Planning Commission. The Planning Commission must provide due process for the applicants and this requires that Planning Commissions not express any bias or views on a project until all of the information on a project is presented to the Planning Commission at the public hearing and the applicant and the public have expressed their views on the project. Board or commission members may be selected on the basis of representing defined groups; however, each member should represent the overall "public good" and not an exclusive group or special interest. GUIDELINES QUALITIES AND ATTRIBUTES OF AN EFFECTIVE BOARD OR COMMISSION MEMBER • Be an informed citizen (knowledgeable about local affairs). ■ Have a good rapport with citizens. ■ Have a genuine concern for the community as a whole. • Be a good listener. Relate well to other people, including other board or commission members. The success or failure of board or commission efforts may be dependent upon the degree of cooperation evident among the individual members of the body. Serve in another capacity priorto board or commission service (i.e. volunteer groups, non-profit organizations, service clubs, etc.) • Have the ability to accept decisions not of one's own personal view if that is the will of the majority. ■ In addition, each member should keep in mind these important points: " Show respect for another's viewpoint. Allow others adequate time to fully present their views before making comments. Be open and honest. Make new members welcome and help them become acquainted with their duties. " Strive to minimize political action among members. ROLE AUTHORITY AND STAFFING OF BOARDS AND COMMISSIONS The City Council is empowered to establish boards and commissions and to appoint members to assist the City Council in the conduct of City business. Members usually represent a cross-section of the community. No member of any board or commission shall be a City employee, nor shall any person be a member of more than one board or commission at any one time. The primary role of any City board or commission member is to review and make recommendations to the City Council on matters within their scope of responsibility and to promote increased public input and citizen participation in the determination of City policies and program implementation. Revised 1212018 The specific role of City boards and commissions is to serve in an advisory capacity to the City Council, focusing attention on specific program areas of the City. The City Council may authorize certain "Commissions" to take final actions in prescribed areas. For example, the Planning Commission is authorized to grant final approval of certain projects and is required to provide a recommendation to the City Council on other projects. In addition, staff may bring various projects to a board or commission for their review before taking that matter to the City Council for final approval. Boards and commissions serve as a principal reviewing body for specific matters referred to them by the City Council. All decisions however, are subject to review by the City Council. Board and commission members are empowered by an appointment of the City Council and should represent the general interest of the City as whole and not specific program areas and their special interest groups. The City Council will appoint one Council Member to serve as Council Liaison to a particular board or commission. This Council person will be available to the board and commission members for individual consultation throughout the year. The Council liaison will attend at least one board or commission meeting annually to provide the board or commission opportunity to seek Council Liaison direction as a sitting body. Joint Meetings and Regular Reports to the City Council Each Board and/or Commission shall meet jointly with the City Council annually at a regularly scheduled City Council meeting as foitows: 1 1 Meeting in February -- Planning Commission and Old Town focal Review Board 2"1 Meeting in February — Public Traffic / Safety Commission 1 `l Meeting in March — Community Services Commission The annual joint meeting schedule may be adjusted from time to time depending upon the operational and organizational needs of the City and staff to include time sensitive items on the agenda. During the annual joint meeting, each board and/or commission shall provide an overview of the previous year highlights, anticipated activities for the upcoming year, and take further direction from the City Council as necessary. In addition to the report at the annual joint meeting, the Commission Members present at each City Council meeting shall provide a verbal report on the status of their respective commission as a routine item on the regular agenda of one City Council meeting of every month. Appointments and Removals Chapter 2.40,050 of the Temecula Municipal Code, City Commissions Generally provides that appointments are subject to the approval of a majority of the City Council. A majority of the City Council may remove an appointee for good cause. The following guidelines may be used in the appointment of board and commission members Formal interview process with the Mayor and Council Liaison with standard core questions for both new candidates and incumbents. Letters of recommendation and/or references with the application process are encouraged. The Council Liaison will be encouraged to attend board or commission meetings to develop an overview of the incumbent board or commission member's performance. Revised 1212016 Absentee record of all board or commission members will become part of the incumbent performance review, with the understanding that if three absences occur within a 12 month period, the Council Liaison to that board or commission will be notified for further review. If these absences are not acceptable to the Council Liaison, a recommendation to the City Council will be made by the liaison for removal from the board or commission. This is in addition to the existing ordinance which stipulates that should any board or commission member be absent from any three consecutive meetings of the commission, without excuse acceptable to the City Council. that member shall vacate his or her seat on the commission. Additional guidelines for consideration of candidates who have served two full terms and apply for subsequent terms. Consideration of these candidates will be given only under the following guidelines: • The incumbent shall have served as Chair or Vice -Chair of their respective Board or Commission. • The incumbent shall have served on at least one sub -committee, or special project, of their respective Board or Commission. Rules of Procedure/By-Laws Rules of procedure or by-laws for the proper conduct of business should be adopted. Organization and Officers As set forth in the by-laws, there shall be an annual election of a chairperson and vice -chairperson. The position of chairperson and vice -chairperson should be rotated among members on an annual basis. The Chairperson The Chairperson is the key to the entire group process. The Chairperson must balance being strong enough to make certain the meeting is conducted in an orderly fashion and democratic enough to use the power and authority of the position wisely. The Chairperson's abitity to handle meetings will have a significant impact on morale, operation, and effectiveness. The Chairperson must make sure that discussions do not get sidetracked on minor issues and must have the ability to see the "whole picture". The most important duty of the Chairperson lies in his/her ability to find a common ground and achieve workable compromises if appropriate. The Chairperson must be able to represent the entire group to the City Council and community groups. Minutes Minutes shall be taken for all board and commission meetings. The Council has provided that these minutes shall be "action minutes" and not "verbatim" which briefly describe the issues and actions taken. Minority opinions of members may also be recorded in the minutes if desired. Comments by all members on every agenda item cannot practicably be included in the minutes. Also, members abstaining for legal conflict of interest requirements are required to state their reason for recordation in the minutes. Minutes must be approved at a subsequent meeting and then become part of the City's official records in the office of the City Clerk. Revised 1212018 Development and Review of Board and Commission Goals and Department Policies The City of Temecula prepares and operates on an annual budget cycle. Boards and commissions are encouraged to annually review and corn ment on department programs and cap+taI projects that may be related to their scope of interest. This evaluation is intended to focus attention on the overaii program and service priorities and board and commission objectives; and is not intended to be an evaluation of the administration or operation of City departments. Involvement in Administrative Matters Boards and commissions should not become involved in the administrative or operational matters of City departments unless specifically provided in the prescribed powers and duties. Members may not direct staff to initiate major programs, conduct large studies or establish department policy without approval of the City Council. City staff assigned to furnish staff services shall be available to provide general staff assistance, such as preparation of agenda materials, general review of department programs and activities, to perform limited studies, program reviews and other services of a general staff nature. Boards and commissions may not establish department work programs or determine department program priorities unless specifically authorized in their prescribed powers and duties. The responsibility for setting policy and allocating City resources rests properly with the City's duly elected representatives, the City Council, and cannot be delegated to an outside group. however capable and interested it might be. Communication with the City Council To avoid possible compromising situations, during a City Council meeting the invitation to individual board or commission members to address the Council an matters relating to their official capacity rests solely with the City Council. It should be emphasized that when asked to address the Council on a matter, the member should represent the viewpoint of the board or commission as a whole (not a personal opinion); unless a proper qualification is made. Working with Other Members Members should make every effort to uphold their reputation for honesty, fairness, and openness with the citizens of the community. Each group will undoubtedly consist of diverse personalities; it is important that the board or commission work together to accomplish common goals. Working with Staff Board or commission members are individually appointed by the City Council. City staff assigned to work with the groups report to the City Manager, who in turn, reports to the City Council. A department director or administrator usually arranges staff support for each group. If a board or commission member wishes to initiate a project that requires in depth staff involvement, it is necessary for the project to be placed on the board or commission agenda for discussion and recommendation to the City Council that the project be authorized. Staff may begin preparing the necessary reports and studies after the City Council has authorized the project. Providing in depth staff support may require operational adjustments. Members are encouraged to be cognizant of the time involved on the part of staff in preparing requested studies and reports. Individuals should make every attempt to clarify differences and make certain that clear communication is taking place. The public meeting should not be used to express anger or disagreement. If differences cannot be resolved by this method, the Councilmember serving as Board or Commission Liaison and/or City Manager should be consulted to resolve the matter. Revised 1212018 6 Staff Reports to Council on Board or Commission Actions On occasion, staff will be required to prepare an agenda report on either a board or commission action or appeal for City Council review. The staff member should present both the staff position and the board or commission's position in the report. The majority and minority viewpoints of the board or commission members should also be presented in the staff report. It is the desire of the City Council to have an opportunity to hear and consider all sides of an issue and alternative recommendations to assist in their decision -making process. Procedure for Handling Public or Appeal Hearings In some instances, commissions will have to conduct a public hearing, either on a major issue of concern to the community or on a permit application or appeal of a staff decision. It is recommended that the procedure established by the City Attorney be followed at ail times during the conduct of these types of hearings. Legal Assistance Some boards or commissions require the presence of a City Attorney. When there is doubt concerning the legality of an issue, the attorney should advise members as to the legality of the proposed action. Great care must be taken in the maintenance of records of the proceedings. The direction of the City Attorney should be followed closely. When in doubt about the legality of a procedure, the board or commission should refrain from additional discussion and decision making until the legal opinion is rendered. If necessary, a hearing may be continued until matters can be clarified. The attorney must control the circumstances surrounding a particular matter since he/she may be required to defend the action in court. Council Review of Action Most actions and recommendations of boards or commissions may be appealed to the City Council for review and approval. Certain actions are final with the commission with no right of appeal. Public Appearance of Members When a board or commission member appears in a non-officiai, non -representative capacity before any public or private body, the member shall not identify or disclose his/her membership on a board or commission. If a question of membership arises, the member shall indicate that he/she is appealing and speaking only as an individual. There are significant Legal restrictions on the ability of a board or commission member to appear before any board or commission of the City, and particularly his or her own board or commission. The City Attorney should be consulted in advance of any such appearance. Members should take particular care to comply with provisions of the Brown Act that governs open public meetings. While the staff provides the appropriate notice and agendas for board and commission meetings, individual members need to be careful that they do not discuss City business with other board or commission members, either together or one at at time, outside of a properly noticed public meeting. A summary of the major provisions and requirements of the Rai ph M. Brown Act is included in this handbook. Revised 1212018 7 Board ❑r Commission Members Running for Eiective Office Members of the City's boards or commissions shall be permitted to retain membership on such appointive bodies while seeking any elective office. Members of appointive bodies shall not, however, use the meetings, functions or activities of such bodies for purposes of campaigning for elective office. There are also significant conflict of interest rules relating to campaign contributions to a board or commission member who is running for any elective office. Unlike members of the City Council, campaign contributions to board or commission members are considered as income and the conflict of interest rules apply to any board ❑r commission actions involving a campaign contributor. These rules are described in the Conflict of Interest Handbook and the City Attorney should be consulted by any board or commission member who decides to run for any elective office. Board ❑r Commission Positions on Ballot Pro osals and Legislation Boards and commissions may review and make recommendations to the City Council on ballot proposals and legislation. The City Council shall review all such recommendations. Board or commission members shall only represent the majority position of the City Council on such matters unless speaking as an individual or indicating a minority opinion. Revised 12/2018 SECTION 3 v of. I E Alp� f. CITY OF TEMECULA City Clerk's Office r' 1989 a PROCEDURES FOR BOARDS AND COMMISSIONS Purpose: The City of Temecula has one board (Old Town Local Review Board) and three commissions (Community Services Commission, Planning Commission, and Pubiic[Traffic Safety Commission). The Municipal Code of the City of Temecula contains general provisions which govern the City's commissions. Chapter 2,40 is City Commissions and relates to the Planning Commission, Chapter 2.44 is Public/Traffic Commission, and Chapter 2.48 Is Community Services Commission. The Planning Commission is also subject to statutory provisions pursuant to law. This document generally governs the City Clerk's office procedures regarding boards and commissions. 1. COMMUNITY SERVICES COMMISSION The Community Services Commission meets on the second Monday of each month. The meetings are held at 6:00 PM in the Council Chambers at City Hall. The Community Services Commission reviews and makes recommendations to the City Council concerning the Parks and Recreation Element of the General Plan and works with the Temecula School District, other City Departments, and community groups to provide parks and recreation services and programs for the community. Members of this commission are required to be a resident of the City of Temecula and a registered voter. The terms are three years each with staggering expiration dates. 2. PLANNING COMMISSION The Planning Commission meets on the first and third Wednesday of each month. The meetings are held at 6:00 PM in the Council Chambers at City Hall. The Planning Commission serves as the designated planning agency for the City of Temecula and considers current planning matters such as subdivisions, specific plans, zone changes, plot plans and conducts public hearings as required by law. The Commission is also charged with preparation of the General Plan of the City and advising the City Council on all matters concerning City planning. Members of this commission are required to be a resident of the City of Temecula and a registered voter. The terms are three years each with staggering expiration dates. 3. PUBLIC/TRAFFIC SAFETY COMMISSION ■ The Public/Traffic Safety Commission meets on the fourth Thursday of each month. The meetings are held at 6:00 PM in the Council Chambers at City Hall. The Public/Traffic Safety Commission makes recommendations to the City Council on traffic matters within the City such as speed zones, stop signs and signals, pavement markings, traffic design and engineering. The Commission also recommends traffic enforcement measures and coordinates City activities with the CHP, Sheriff, County Road Department, and other regional traffic management and planning agencies. In addition, the commission makes recommendations to the City Council concerning law enforcement, fire suppression and prevention, and disaster planning for the City of Temecula. Members of this commission are required to be a resident of the City of Temecula and a registered voter. The terms are three years each with staggering expiration dates. 4. OLD TOWN LOCAL REVIEW BOARD The Old Town Local Review Board meets on the second Monday of each month. The meetings are held at 9:00 AM in the Great Oak Conference Room at City Hall. The Old Town Local Review Board is established by the Old Town Specific Plan and has responsibility for serving as an advisory resource to all agencies of the City in matters pertaining to the historic significance and related architectural themes of the historic district. The board is also charged with encouraging public understanding and appreciation of the unique architectural, environmental, and cultural heritage of the district through educational and interpretive programs. Members of this board are required to be a registered voter. The terms are three years each with staggering expiration dates. 5. APPOINTMENT OF BOARD AND COMMISSION MEMBERS The City Council is the appointing body for the City's board and commissions. When a vacancy occurs, whether it is by expiration of term, resignation or other circumstance, the City Council shall fill that vacancy through appointment. Scheduled Vacanc - Three months prior to a board or commission term expiring, a notice shall be published in a local newspaper of general circulation and posted at the City's designated posting locations (Temecula Library, Chamber of Commerce and Civic Center) pursuant to the Government Code. In addition, the vacancy shall be advertised on the City's website and PEG Channel. Flyers shall be available in the City Hall lobby and distributed at various City -affiliated events. Email lists, such as Constant Contact, press releases and social media shall also be used to promote the vacancy. Unscheduled Vacancy - In the event of an unscheduled vacancy, occurring by resignation or other circumstance, the "Special Notice of Vacancy shall be immediately posted and published pursuant to Government Code 54974. In addition, the unscheduled vacancy shall be advertised utilizing the same methods as identified above for scheduled vacancies. Unless otherwise indicated, a vacancy shall be advertised for no less than a thirty (30) day period from the date of publication. If multiple vacancies occur on a board or commission within sixty (60) days of one another, the City Council may at its discretion consider those vacancies jointly without readvertisement. ■ The City Clerk shall provide incumbent commission member(s) with a notification letter advising of the upcoming expiration and inviting them to reapply. ■ Applications received will be processed in the following manner: Completed applications shall be submitted on the Application for Commission and Board Appointment, which will be available and accepted in the City Clerk's Office until the closing date as indicated on the notice. The City Clerk will provide a non -redacted set of qualified applications to the subcommittee of two council members, consisting of the mayor and the commission liaison for that particular commission, identifying the dates the recommendation is due and the City Council meeting at which the appointment will be considered. A non -redacted courtesy copy of all applications shall also be sent to the entire City Council. The subcommittee may conduct applicant interviews as they deem appropriate. The recommendation of the ad hoc subcommittee is then presented as an agenda item at a City Council Meeting where a majority vote is required for appointment. o The _genera l timeline for scheduled vacancies is as follows: June Vacancy March 151 Notice of Vacancy is Posted, Published and Advertised April 15t Application Packet to Subcommittee for Recommendation May 1 S1 Recommendation Received from City Council May Recommendation Considered/Appointment Made at 2na City Council Meeting in May June New Board or Commission Member Seated at Board/Commission Meeting Fallowing Expiration of Prior Term October Vacanc July 1 s, Notice of Vacancy is Posted, Published and Advertised August 1st Application Packet to Subcommittee for Recommendation September 1" Recommendation Received from City Council September Recommendation Considered/Appointment Made at 2" City Council Meeting in September October New Board or Commission Member Seated at Board/Commission Meeting Following Expiration of Prior Term After the appointment is made, the City Clerk shall send a congratulatory letter to the new member(s) and coordinate new member orientation. The City Clerk shall also send a letter to the unsuccessful applicants notifying them of the appointment and inviting them to reapply for future vacancies. The City Clerk shall swear in the new member(s) at the next regularly scheduled board or commission meeting, present a Certificate of Appointment and have the new member(s) sign an Oath of Affirmation. ■ If an incumbent applies and is not reappointed, the City Clerk shall send a letter to the unsuccessful incumbent notifying them of the new appointment and inviting them to the next regularly scheduled City Council meeting for presentation of a Certificate of Appreciation thanking them for their service to the City. If desired, the Certificate of Appreciation may also be mailed to the incumbent. 6. ORIENTATION OF NEW BOARD OR COMMISSION MEMBERS • Each new board or commission member shall receive a new member orientation. The orientation shalt be coordinated through the City Clerk and include the following: City Manager 1 City Council - Welcome on Behalf of the City and City Council City Clerk - General Review of Commission Handbook, Review and Completion of Statement of Economic Interests (Form 700), Review of AB 1234 Ethics Training Requirements o Human Resources - Review and Completion of Personnel -Related Materials City Department for Board/Commission - Introduction to Relevant Staff Members, Overview of Meetings and Board/Commission Makeup, Review of Pending Topics that Fall Under the General Jurisdiction of the Specific Board or Commission 7. REMOVAL OF BOARD AND COMMISSION MEMBERS The City's Municipal Code, specifically Section 2.40.050, governs the removal process for any board or commission member and specifically states that a majority of the City Council may remove an appointee for good cause. In addition, under Section 2.40.090, a position is declared vacant when a member is absent from three consecutive meetings without excuse. 8. ANNUAL POSTING OF COMMISSIONERS Pursuant to Government Code Section 54972 (Maddy Act), on or before December 31 of each year, the City Clerk's office shall prepare and post the Local Appointments List. The list shall be posted on the City Hail posting board and on the City's website. The list shall be periodically updated to reflect the appointment of new board and commission members. 9. TRAINING FOR BOARD AND COMMISSION MEMBERS ■ From time to time the City Clerk shall coordinate a citywide boards and commissions training in conjunction with the City Council, City Manager, City Attorney and Department Directors who serve as liaisons to the respective board and commissions. The training may cover a variety of topics, including but not limited to, the Commission Handbook, AB 1234 ethics training, conflicts of interest; Brown Act, and board and commission member roles. The training shall be noticed pursuant to the Brown Act. 10. RECOGNITION OF BOARD AND COMMISSION MEMBERS The City Clerk's office shall coordinate an annual recognition event for board and commission members. Typically, the event shall occur in September and be held at the Conference Center. Procedure No.: 014 Last Revised: August 2017 4 SECTION 4 RELEVANT MUNICIPAL CODE SECTIONS Current as of Jangaa 2019 ha ter 2.40 CITY COMMISSIONS GENERALLY 2.40.010 Commission established. There shall be established within the city a planning commission. For purposes of state planning law, the planning commission shall serve as the planning agency, unless another official or body is specifically designated to perform that function or make a particular decision as provided by ordinance of the city. Division of land use decisionmaking authority shall be as set forth in Ordinance No. 92-14, The city council may establish by ordinance and resolution such other commissions as it deems necessary. (Ord. 93-04 § 10: Ord. 90-02 § 1 (2.06.010)) 2.40.020 Number of members. Unless otherwise specifically provided, each commission shall consist of five members. (Ord. 90-02 § 1 (2.06.010)) 2.40.030 Qualifications. Unless otherwise specifically provided by law, or by ordinance or resolution of the city council, all members of commissions of the city shall, at all times during their incumbencies, be bona fide residents and registered voters of the city. No member of any commission shall be a city employee, nor shall any person be a member of more than one commission at any one time. (Ord. 96-08 § 2: Ord. 90-02 § 1 (2.06.030)) 2.40.040 Applications. The city clerk shall maintain all applications submitted to the city for commission positions for a period of two years. (Ord. 90-02 § 1 (2.06.040)) 2.40.050 Members —Appointment and removal. Members of each commission shall be nominated by an ad hoc committee of two council members subject to the approval of a majority of the city council. A majority of the council may remove an appointee for good cause. The chairperson and vice -chairperson of each commission shall be selected by a majority of the membership of that commission. (Ord. 2000-08 § 2: Ord. 90-02 § 1 (2.06.050)) 2.40.060 Term. The term of each commission member shall be three years with staggered terns. Initially, all five members may be selected at once. In order to achieve staggered terms, one member shall be appointed for a term of three years; two for terms of two years; and two for terms of one year; such terms to be determined by drawing lots. At the completion of any term., a commission member may be reappointed pursuant to the procedures set forth in Section 2.40.050. (Ord. 90-02 § 1 (2.06.060)) 2.40.070 Vacancies. If vacancies in any commission occur, other than by expiration of term, such vacancies shall be filled by appointment for the unexpired portion of the term. (Ord. 90-02 § 1 (2.06.070)) 2.40.080 Meetingslquorum. The city council shall establish meeting schedules for each commission by resolution. A quorum of three shall be required for the transaction of any business. (Ord. 90-02 § 1 (2.40.080)) 2.40.090 Absence from meetings. Should any commission member be absent from any three consecutive meetings of the commission, without excuse acceptable to the city council, that member shall vacate his or her seat on the commission. The vacancy shall be fi Iled in the same manner as any other vacancy. (Ord. 90-02 § 1 (2.06.090)) 2.40.100 Compensation. City commissioners shall receive monthly compensation as follows: Community services commission Planning commission Public/traffic safety commission Old Town local review board $100.00 per meeting attended $100.00 per meeting attended $100.00 per meeting attended $100.00 per meeting attended (Ord. 18-07 § 1; Ord. 01-12 § 1; Ord. 0 1 -11 § 1; Ord. 01-05 § 2, 2001; Ord. 99-09 § 1; Ord. 96-09 § 2; Ord. 90-02 § 1 (2.06,100)) Cha ter 2.44 R BLIC TRAFFIC SAFETY COMMISSION 2.44.010 Established. Pursuant to Section 2.40.010, there is created an advisory commission to the city council which shall be known as the Temecula public/traffic safety commission. (Ord. 93-18 § 1 (12.01.010): Ord. 92-17 § 1 (12.01.010)) 2.44.020 Composition and membership. The public/traffic safety commission shall consist of five members appointed by the city council pursuant to Section 2.40.050. No officers or employees of the city or person under an employment contract subject to the jurisdiction of the city council shall be members of such commission. (Ord. 93-I8 § 1 (12.01.020): Ord. 92-17 § 1 (12.01.020)) 2.44.030 Terms of office. Terms of office for public/traffic safety commissioners shall be three years with staggered terms. Initially, all five members may be selected at once. In order to achieve staggered terms, one member shall be appointed for a term of one year; two members for terms of two years; and two members for terms of one year, such terms to be detern tined by the drawing of lots. At the completion of any term a commission member may be reappointed pursuant to the procedures set forth in Section 2.40.050. (Ord. 93-I8 § 1 (12.01.030): Ord. 92-17 § 1 (12.01-.030)) 2.44.040 Time and place of meetings. The public/traffic safety commission shall establish a regular date, time and place for commission meetings, which shall be open to the public. Such meetings shall occur no less frequently than once a month. (Ord. 93-19 § 1 (12.01.050): Ord. 92-17 § 1 (12.01.050)) 2.44.050 Powers and duties. The public/traffic safety commission shall advise the city council on all matters subject to the jurisdiction of the council pertaining to the public and traffic safety. The duties of the public/traffic safety commission shall be established by resolution of the city council. (Ord. 93-18 § 1 (12.01.060): Ord. 92-17 § 1 (12.01.060)) 2.44.060 Public hearings. Whenever the commission determines, by a two-thirds majority of those members present, that its deliberations with respect to a particular matter or matters would be substantially aided by the presentation of testimony from the citizens of the city, or of a certain area of the city, the commission may direct a public hearing be held concerning such matter or matters. Notice of such a hearing shall be provided by publication in a newspaper of general circulation published in the city, and/or by posting the same in at least three public places, not later than seven days prior to the date of the hearing. Such hearings shall be conducted in accordance with the rules established for the conduct of hearings before the city council unless the council, by resolution, shall otherwise provide. (Ord. 93-18 § 1 (12.01.070): Ord. 92-17 § 1 (12.01.070)) 2.44.070 Staff assistance. The city manager shall ensure that adequate staff will be allocated to provide necessary technical and clerical assistance to the commission. (Ord. 93-18 § 1 (12.01,040): Ord. 92-17 § 1 (12.01.040)) ha ter 2.48 COMMUNITY SERVICES COMMISSION 2.48.010 Established. There is established a Temecula community services commission. (Ord. 93-06 § 1 (13.01.010): Ord. 90- 05 § 1 (13.10.010)) 2.48.020 Time and place of meetings. The time and place of the meetings of the Temecula community services commission shall be established by resolution of the commission. (Ord. 93-06 § 1 (13.01.020): Ord. 90-05 § 1 (13.01.020)) 2.48.030 Powers and duties. The duties of the Temecula community services commission shall be established by resolution of the city council. (Ord. 93-06 § 1 (13.01.030): Ord. 90-05 § 1 (13.01.030)) SECTION 5 C INSTITUTE FOP, LOCAL GOVERNMENT MUNDFC' lass PUBLIC SERVICE ETHICS State Ethics Training Requirements For Local Officials: Frequently Asked Questions (FAQs) 9104112 Edition Overview of Requirement 1. What requirements does AB 1234 create regarding ethics training for local officials? The basic thrust of AB 1234 is to require covered officials (see next question) to take two hours of training in ethics principles and laws every two years. E Who's Covered 2. Who must receive mandatory ethics training? Basically the requirement applies to those elected or appointed officials who are compensated for their service or reimbursed for their expenses.2 The specific trigger for this requirement is whether the agency either compensates or reimburses expenses for members of any of its Brown Act covered bodies; if it does, then all elected and appointed "local agency officials" (as defined) must receive this training.3 "Local agency official" means any member of a legislative body or any elected local agency official who receives compensation or expense reimbursement.4 "Local agency" means "a city, county, city and county, charter city, charter county, charter city and county, or special district."5 Thus the training requirement does not include agencies on which local officials serve (for example, redevelopment agency governing boards or joint powers agencies), although many such officials will likely be covered by virtue of their status with cities, counties and special districts. Note that it also does not include school districts. Note that local agencies also have the option of requiring certain employees to receive this training,6 1400 K Street, Suite 205 • Sacramento, CA 95814 . 916.658.8208 F 916.444,7535 • www.ca-ilg.org State Ethics Training Requirements For Local Officials. FAGS September 2012 I What if an agency has a number of board members and commissioners who could theoretically get reimbursed for such expenses but as a practical matter haven't been for a long time? Determining whether such officials should receive such training involves a judgment call in consultation with one's agency attorney. Some agencies are rethinking whether they want to reimburse the members of all their commissioners and board members or be more selective. Another consideration is whether the nature of such officials' duties are such that the official would benefit from such training and the agency would benefit from having this official be trained (in terms of reducing the likelihood of missteps). Another approach is for an agency to identify all commissioners and board members that have been reimbursed and/or compensated in the past year and notify them of their need to receive training. For others who haven't been reimbursed and/or compensated, the expense reimbursement forms required by AB 12347 could include an advisory which alerts board members and commissioners of the need to get training if they are seeking reimbursement for expenses. 4. What about those who serve on multiple local agency bodies? The official only has to satisfy the requirement once (within one year of taking office and every two years after that). Institute for Local Government www.ca-ilq-org State Ethics Training Requirements For Local Officials: FAQs September 2012 5. Can AB 9234's ethics training requirements constitutionally apply to charter cities? Many city attorneys are not convinced that AB 1234 contains the necessary findings to make it applicable to charter cities, although the bill purports to appl to charter cities by including charter cities within the definition of local agency_ However, a number of charter cities already have such training programs and/or think they would be helpful and hence, are voluntarily complying with the spirit of AB 1234. Such an approach may reflect well on a city and city officials should the local media inquire about city officials' compliance with AB 1234. Timing and Deadline Issues 6. By when must an official receive such training and how often again after that? Officials in Service as of January 1, 2006. Except for officials whose term of office ends before January 1, 2007, those in office on January 1, 2006 must receive the training before January 1, 2007.1° After that, they must receive the training at least once every two years. I Officials whose term of office ends before January 9, 2007 were excused. {Z • Those Beginning Service After January 1, 2006. Those who enter office after January 1, 2006 must receive the training within a year of starting their service. They must then receive the training every two years after that. 13 Reasonable attorneys disagree how the "every two years" requirement should be interpreted. One interpretation would be that, if an official received the required training on May 15, 2011, the official would need to receive training again on or before May 14, 2013. Another would be that this same official satisfied the requirement in 2011 and needs to again satisfy the requirement in 2013. Institute for Local Govemment www.ca-ila.ora 3 State Ethics Training Requirements For Local Officials: FAQs September 2012 Compliance and Enforcement 7. How do officials demonstrate compliance with the mandatory ethics requirements? When local a ency officials receive the training, they will be given proof of participation. a Copies of these certificates must be provided to the agency's custodian of records and maintained as public records subject to disclosure to the media, the public and others for at least five years. 15 8. What is the enforcement mechanism to assure that local officials receive such training? The new law is directory; there is no specific penalty for failing to complete the required training.16 Presumably there will be a periodic public records requests by the media, candidates and others to verify which officials have and have not met the requirements. 17 Local agencies are using a variety of techniques to encourage compliance. Options include: 1. Circulate a List of Complying and Non -complying Officials within the Agency. Putting who has (and who has not) complied in writing along with a reminder that the agency is expecting media and other inquiries may be one way to encourage compliance. This list can be circulated to officials with a thank you to those who have satisfied the requirement and a list of options for compliance for those who have not. 2. Create a Financial Penalty. Another option for encouraging compliance is to adopt a policy that officials who have not complied with their AB 1234 training requirements will not be eligible to have their expenses reimbursed. 3. Make Compliance a Condition of Agency Service for Appointees. In situations where the non -compliant official is an appointee, a local policy could provide the appointment be either rescinded or that the non- complying individual is ineligible for re -appointment. 4. Post Certificates on Agency's Website. The agency can post scans of those within the agency who have complied with the requirement, which also lets the media and the public know how the official satisfied the training. Institute for Local Government www.ca-ilg.org 4 State Ethics Training Requirements For Local Officials: FAQs September 2012 Content Issues, Options for Satisfying the Requirement and Trainer Qualifications 9. Where can local officials get this training? Local agencies must provide covered officials with a list of options for satisfying this requirement at least once a year. 18 The training can occur in -person, online or on a self -study basis (read materials and take a test).19 Agencies are not required to provide the training themselves, although a number may choose to do so. A variety of organizations offer such training (including law firms and nonprofit organizations). In addition, there are self -study materials available from the Institute for Local Government's website (www. ca-i lg.orglAB 1234compliance) as well as a free online course at http://Iocaletbics,fppe.ca.gov or hU:Ilwww.localethics.fppc.ca.gov that the Institute developed in collaboration with the FPPC. The Institute also has materials for in-house counsel and others who are interested in offering such training. 10. How do people or organizations become certified as AB 1234 ethics trainers? Strictly speaking, they don't. The Attorney General and FPPC have adopted guidelines for course curriculum accuracy and sufficiency, but there is no trainer - certification requirement.20 The Attorney General's guidelines require that the ethics law portion of AB 1234 training be given only by attorneys licensed to practice law in California and knowledgeable about California's ethics laws. 11. What issues must AB 1234 ethics training programs address? The training must cover general ethics principles relating to public service and ethics laws.21 "Ethics laws" are defined as including:22 ■ Laws relating to personal financial gain by public officials (including bribery and conflict of interest laws); • Laws relating to office -holder perks, including gifts and travel restrictions, personal and political use of public resources and prohibitions against gifts of public funds; Institute for Local Government www.ca-ilg.or_g 5 State Ethics Training Requirements For Local Officials: FAQs September 2012 Governmental transparency laws, including financial disclosure requirements and open government Iaws (the Brown Act and Public Records Act); Law relating to fair processes, including fair contracting requirements, common law bias requirements and due process. The Institute has materials to address these issues. The ILG resources can be found at www.ca-ilg.orglAB 1234compliance. Given the breadth of the subjects that need to be covered, the goal of the training cannot be to teach local officials the law in each of these areas. Instead the goat needs to be to acquaint local officials with the fact that there are laws that govern their behavior in each of these areas, to motivate officials to comply with such laws (among other things by explaining the consequences of missteps) and to alert them on when they need to seek the advice of qualified legal counsel when issues arise with respect to such laws. Note that the Attorney General's Guidelines allow those who have taken the initial overview course to go deeper into certain aspects of ethics law in subsequent compliance efforts. 2 12. Can l get State gar minimum continuing legal education (MCLE) credit for attending AB 1234 training? Yes. AB 1234 training is eligible for MCLE participatory credit,' provided the training complies with MCLE requirements. It is not, however, eligible for MCLE legal ethics credit.25 Brown Act Compliance 13. Must an AB 1234 training session that will be attended by a quorum of a legislative body comply with the Brown Act? The consensus appears to be that the Brown Act applies and therefore, the meeting must be open to the public and properly noticed. The Brown Act requires regular "meetings" of "legislative bodies" of local public agencies be open and public.26 A "meeting" is "any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter Jurisdiction of the legislative body or the local agency to which it pertains." ' Theoretically, it is possible for a majority of the members of a legislative body to attend an AB 1234 training session without triggering the Brown Act provided that they neither hear Institute for Local Goverrmment www.ca-ilg.org 6 State Ethics Training Requirements For Local Officials: FADs September 2012 nor discuss any topic that arguably comes within the legislative body's subject matter jurisdiction. The goal of AB 1234 training, however, is to acquaint local officials with the laws that govern their behavior and motivate them to comply with such laws. In light of this goal, it is highly likely that training attendees will ask questions related to matters within the legislative body's subject matter jurisdiction. Accordingly, the Institute believes that the best course of action is to comply with the Brown Act. Note that AB 1234 training that occurs at conference sessions are subject to the conference session exception to the Brown. Act. zs 1 Cal. Gov't Code § 53235(a), (b). ' The language is potentially confusing on this point. The new law says that if a local agency provides any type of compensation or reimbursement for members of its legislative bodies, then all "local agency officials" must receive training. See Cal. Gov't Code § 53235(a). But the definition of "local agency official" means "any member of a local agency legislative body or any elected official who receives any type of compensation ...or reimbursement for actual and necessary expenses incurred in the performance of official duties." See Cal. Gov't Code § 53234(c)(1). 3 Cal. Gov't Code § 53235(a) ("If a local agency provides any type of compensation, salary, or stipend to a member of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, then all local agency officials shall receive training in ethics pursuant to this article"); § 53234(a) (defining legislative body by reference to the Brown Act, Government Code section 54952). 4 Cal. Gov't Code § 53234(c)(1). 5 Cal. Gov't Code § 53234(b). 6 Cal. Gov't Code § 53234(c)(2). 7 Cal. Gov't Code § 53232.3(a). e See Cal. Gov't Code § 53235.1(c). 4 Cal. Gov't Code § 53234(b). 10 See Cal. Gov't Code § 53235.1(a). " See Cal. Gov't Code § 53235.1(a). 'Z Cal. Gov't Code § 53235.1(a). '3 See Cal. Gov't Code § 53235.1(b). The law requires that subsequent training occur "at least once every two years." Some agencies interpret this to mean that training may occur in successive two year periods, not necessarily before the two year anniversary of the last training. This is an area where substantial compliance based on the spirit of the law should be sufficient. 1' Cal. Gov't Code § 53235.1(e). 15 Cal. Gov't Code § 53235.2. 16 Cal, Gov't Code § 53235.2. i7 Note: in addition to maintaining records on compliance with the minimum standards imposed by AB 1234, local agencies may also want to maintain records of any additional training local agency officials received. This will enable those inquiring to ascertain the agency's and individual's full scope of commitment to understanding the ethical and legal obligations associated with public service. �a Cal. Gov't Code § 53235(f). 'g Cal. Gov't Code § 53235(d). 20 See Cal. Gov't Code § 53235(c). The FPPC adopted it's guidelines as a regulation0 and the Attorney General issued General Guidelines on Course Accuracy and Sufficiency which are available on the Department of Justice website: ht :Ilcaa =.state.ca.uslethicsleth lot guide final, df. A summary of the state's guidelines for training is also available at www.ca-ilg.orgiAB 1234compliance. Institute for Local Government www.ca-ii-g.org 7 State Ethics Training Requirements For Local Officials: FADS 2012 21 Cal. Gov't Code § 53235(b). 22 Cal. Gov't Code § 53234(d). 23 See Attorney General Guidelines, bottom of page 3, available at h :�'oa =.ca. o� sitey;all'tiles' disiethicsicth loc guide final. dl? 2¢ State Bar's response to an inquiry by the Institute, November 6, 2006. 25 Id. 26 Cal. Gov't Code § 54953. 27 Cal. Gov't Code § 54952.2 (emphasis added). 28 Cal. Gov't Code § 54952.2(c)(2) (Conference must be open to the public and attendees must be mindful of restrictions on discussing items with colleagues). Institute for Local Government www.ca-ilg.org 8 SECTION 6 2018/2019 Statement of Economic Interests Form 700 A Public document Table of Contents Quick Start Guide ................ .................... ................. p-2 Who? Where? How? When? ................................ p-3 Types of Statements........ ...................................... . p-4 Cover Page and Schedules Cover Page .......................................... p.5 Schedule A-1 (Investments) ............................. p.7 Schedule A-2 (Business EntitieslTrusts) ............ p.9 Schedule B (Real Property) .. ............................. p-11 Schedule C (Income).........................................p.13 Schedule ❑ (Gifts) ........ ................. .....................p.15 Schedule E (Travel Payments) .............. ............. p-17 Restrictions and Prohibitions ................................ ... p-19 Q&A................................................................... .. p-20 Helpful Resources • Video Tutorials • Reference Pamphlet • Excel Version • FAQs • Gift and Travel Fact Sheet for State and Local Officials California Fair Political Practices Commission 1102 Q Street, Suite 3000 • Sacramento, CA 95811 Email Advice: advice@fppc.ca.gov Toll -free advice line: 1 (866) ASK-FPPC • 1 (866) 275-3772 Telephone: (916)322-5664 - Website: www.fppc.ca.gov December 2018 Quick Start Guide Detailed instructions begin on page 3. WHEN IS THE ANNUAL STATEMENT DUE? • March 1 — Elected State Officers, Judges and Court Commissioners, State Board and Commission members listed in Government Code Section 87200 • April 2 — Most other filers WHERE DO I FILE? Most people file the Form 700 with their agency. If you're not sure where to file your Form 700, contact your filing officer or the person who asked you to complete it. 11111 W11-1 C01: [411i4 • The Form 700 is a public document. • Only filers serving in active military duty may receive an extension on the filing deadline. • You must also report interests held by your spouse or registered domestic partner. • Your agency's conflict of interest code will help you to complete the Form 700. You are encouraged to get your conflict of interest code from the person who asked you to complete the Form 700. Mark the "No reportable interests" box on Part 4 of the Cover Page, and submit only the signed Cover Page. Be sure to review each schedule carefully! Common Common Schedule Reportable Interests Non -Reportable Interests A-1: Stocks, including those held in an IRA Insurance policies, government bonds, diversified Investments or 401 K. Each stock must be listed. mutual funds, funds similar to diversified mutual funds. A-2. Business entities, sole proprietorships, Savings and checking accounts. and annuities. Business partnerships, LLCs, corporations and EntititeslTrusts trusts. (e-g., Form 1099 filers). B. Rental property in filer's jurisdiction, or A residence used exclusively as a personal Real Property within two miles of the boundaries of residence (such as a home or vacation property). the jurisdiction. C. Non -governmental salaries. Note that Governmental salary (from school district, for Income filers are required to report only half of example). their spouse's or partner's salary. D Gifts from businesses. vendors, or Gifts from family members. Gifts other contractors (meals, tickets, etc.). E: Travel payments from third parties (not Travel paid by your government agency. Travel your employer). Payments ".; :;r,, Like reportable interests, non -reportable interests may also create conflicts of interest and could be grounds for disqualification from certain decisions. QUESTIONS? • advice@fppc.ca.gov • (866) 275-3772 Mon-Thurs, 9-11.30 a.m. &FILING ISSUES? • If using your agency's system, please contact technical support at your agency. • If using FPPC's e-filing system, write to form700@fppc.ca.gov. FPPC Form 700 (2018/2019) FPP[ Advice Email: advice@fppc.ca.gov FPPC Toll -Free Help line:866/275-3772 www.fppc.ca.gov Page - 2 New Gift Limit Increase The gift limit increased to $500 for calendar years 2019 and 2020. The gift limit in 2018 was $470. 4,o must file: • Elected and appointed offivals and candidates listed in Government Code Section 87200 • Employees. appointed officials, and consultants filing pursuant to a conflict of interest code ("code filers"). Obtain your disclosure categories, which describe the interests you must report, from your agency; they are not part of the Form 700 • Candidates running for local elective offices that are designated In a conflict of interest code (e.g., county sheriffs, city clerks, school board trustees, and water board members) Exception: Candidates for a county central committee are not required to file the Form 700. • Members of newly created boards and commissions not yet covered under a conflict of interest code • Employees in newly created positions of existing agencies See Reference Pamphlet, page 3, at www.fppc-ca.gov W4u to file: 87200 Filers State offices Your agency Judicial offices Z The clerk of your court Retired Judges Directly with FPPC County offices Your county filing official City offices Your city clerk Multi -County offices Z Your agency Code Filers — State and Local Officials, Employees, and Consultants Designated in a Conflict of Interest Code: File with your agency; board, or commission unless otherwise specified in your agency's code (e.g., Legislative staff files directly with FPPC)- In most cases, the agency, board, or commission will retain the statements. Members of Boards and Commissions of Newly Created Agencies: File with your newly created agency or with your agency's code reviewing body. Employees in Newly Created Positions of Existing Agencies: File with your agency or with your agency's code reviewing body. (See Reference Pamphlet. page 3.) Candidates: File with your local elections office. H": to file: The Form 700 is available at www-fppc-ca-gov. Form 700 schedules are also available in Excel format. All statements must have an original "wet" signature or be duly authorized by your filing officer to file electronically under Government Code Section 87500.2- tv4i, to file: Annual Statements Z March 1, 2019 - Elected State Officers Judges and Court Commissioners State Board and State Commission Members listed in Government Code Section 87200 :Z April 2, 2019 - Most other filers Individuals filing under conflict of interest codes in city and county jurisdictions should verify the annual fling date with their local filing officers. Statements postmarked by the filing deadline are considered filed an time. Statements of 30 pages or less may be emailed or faxed by the deadline as long as the originally signed paper version is sent by first class mail to the filing official within 24 hours - Assuming Office and Leaving Office Statements Most filers file within 30 days of assuming or leaving office or within 30 days of the effective date of a newly adopted or amended conflict of interest code. Exception: If you assumed office between October 1, 2018, and December 31, 2018, and filed an assuming office statement, you are not required to file an annual statement until March 2, 2020, or April 1, 2020, whichever is applicable- In that case, the annual statement will cover the day after you assumed office through December 31, 2019. (See Reference Pamphlet, page 6, for additional exceptions.) Candidate Statements File no later than the final filing date for the declaration of candidacy or nomination documents. A candidate statement is not required if you filed an assuming office or annual statement for the same jurisdiction within 60 days before filing a declaration of candidacy or other nomination documents. Late Statements There is no provision for filing deadline extensions unless the filer is serving in active military duty. (See page 19 for information on penalties and fines.) Amendments Statements may be amended at any time. You are only required to amend the schedule that needs to be revised. It is not necessary to amend the entire filed form. Obtain amendment schedules at www.fppc.ca-gov. FPPC Form 700 (2015/2019) FPPC Advice Email; advice@fppc.ca.gov FPPC Toll -Free Heipiine! 866/275-3772 w w.fppc.ca.gov Page - 3 Types of Statements Assuming Office Statement: If you are a newly appointed official or are newly employed in a position designated, or that will be designated, in a state or local agency's conflict of interest code, your assuming office date is the date you were sworn in or otherwise authorized to serve in the position. If you are a newly elected official, your assuming office date is the date you were sworn in. • Investments, interests in real property, and business positions held on the date you assumed the office or position must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the date you assumed the office or position is reportable. For positions subject to confirmation by the State Senate or the Commission on Judicial Performance, your assuming office date is the date you were appointed or nominated to the position. Example' Maria Lopez was nominated by the Governor to serve on a state agency board that is subject to state Senate confirmation. The assuming office date is the date Maria's nomination is submitted to the Senate. Maria must report investments, interests in real property, and business positions she holds on that date, and income (including loans, gifts, and travel payments) received during the 12 months prior to that date. If your office or position has been added to a newly adopted or newly amended conflict of interest code, use the effective date of the code or amendment, whichever is applicable. • investments. interests in real property. and business positions held on the effective date of the code or amendment must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the effective date of the code or amendment is reportable. Annual Statement: Generally, the period covered is January 1. 2018, through December 31, 2018. If the period covered by the statement is different than January 1, 2018, through December 31, 2018, (for example, you assumed office between October 1, 2017, and December 31, 2017 or you are combining statements), you must specify the period covered. Investments, interests in real property, business positions held, and income (including loans, gifts, and travel payments) received during the period covered by the statement must be reported. ❑o not change the preprinted dates on Schedules A-1, A-2, and B unless you are required to report the acquisition or disposition of an interest that did not occur in 2018. • If your disclosure category changes during a reporting period, disclose under the old category until the effective date of the conflict of interest code amendment and disclose under the new disclosure category through the end of the reporting period. Leaving Office Statement: Generally, the period covered is January 1, 2018, through the date you stopped performing the duties of your position. If the period covered differs from January 1, 2018, through the date you stopped performing the duties of your position (for example, you assumed office between October 1, 2017, and December 31, 2017, or you are combining statements), the period covered must be specified. The reporting period can cover parts of two calendar years. • Investments, interests in real property, business positions held, and income (including loans, gifts, and travel payments) received during the period covered by the statement must be reported. Do not change the preprinted dates on Schedules A-1, A-2, and B unless you are required to report the acquisition or disposition of an interest that did not occur in 2018. Candidate Statement: If you are filing a statement in connection with your candidacy for state or local office, investments, interests in real property, and business positions held on the date of filing your declaration of candidacy must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the date of filing your declaration of candidacy is reportable. Do not change the preprinted dates on Schedules A- 1, A-2, and B. Candidates running for local elective offices (e.g., county sheriffs, city clerks, school board trustees, or water district hoard members) must file candidate statements, as required by the conflict of interest code for the elected position. The code may be obtained from the agency of the elected position. Amendments: If you discover errors or omissions on any statement, file an amendment as soon as possible. You are only required to amend the schedule that needs to be revised; it is not necessary to refiie the entire form. Obtain amendment schedules from the FPPC website at www.fppc.ca.gov. Note that once you file your statement, you may not withdraw it. All changes must be noted on amendment schedules. FPPC Furm 700 (201FV2019) FPPC Advice Email: advice@fppc.ca.gov FPPC 7011-Free Helpline: 966/275-3772 www.rppc.ca.gov Page - 4 STATEMENT OF ECONOMIC INTERESTS Oaie Initial Filing Received COVER PAGE Please type or print In Ink R PUBLIC DOCUMENT NAME OF FILER (LASTI iFIRST) MOM 1. Office, Agency, or Court Agency Name (Do not use acronyms) Division, Board, Department, District, if applicable Your Position ■ If filing for multiple positions, list below or on an attachment, (Do not use acronyrs) Agency - 2, Jurisdiction of Office (Check at feast one box) ❑ state ❑ Multi -County ❑ City of 3, Type of Statement (check at least one box) 7 Annual. The period covered is January 1, 2018, through -or- December 31, 2018. The period covered is i through December 31, 2018. ❑ Assuming Office: Date assumed ❑ Candidate: Date of Election Position: ❑ Judge or Court Commissioner (Statewide Jurisdiction) ❑ County of ❑ Other _ ❑ Leaving Office: Date Left I (Check one circle.) 0 The period covered is January 1, 2018, through the date of -on leaving office. Q The period covered is I I , through the date of leaving office. and office sought, if different than Part 1: 4. Schedule Summary (must complete) ■ Total number of pages including this corer page: Schedules attached ❑ Schedule A-1 - investments — schedule attached ❑ Schedule A-2 - Investments — schedule attached ❑ Schedule B - Real Property — schedule attached -or- ❑ Node - No reportable interests an any schedule ❑ Schedule C - Income, Loans. & Business Positions — schedule attached ❑ Schedule 0 - Income — Gifts — schedule attached ❑ Schedule E - Income — Gifts — Travel Payments — schedule attached 5. Verification MAILING ADO RESS STREET CITY STATE Zip GOOF (9usiness or Agency Address Recommended • PubAc Ciocrimen0 EMAIL I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the information contained herein and in any attached schedules is true and complete. I acknowledge this is a public document. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date Signed Signature m-a h. day, year) (File The &Vr?aily signed pager sfareirenf with your Ming oftar..l FPPC Form 700(2018/I0191 FPPC Advice Emalk advlce@fpper-a.gov FPPC Toll -Free Helpiine: 8661275-3772 wvawJppc.ca.gov Page - 5 Instructions Cover Page Enter your name, mailing address. and daytime telephone number in the spaces provided. Because the Form 700 is a public document, you may list your businessloffice address instead of your home address. Part 1. Office, Agency, or Court Enter the name of the office sought or held, or the agency or court. Consultants must enter the public agency name rather than their private firm's name. (Examples: State Assembly; Board of Supervisors; Office of the Mayor, Department of Finance; Hope County Superior Court) • Indicate the name of your division, board, or district, if applicable. (Examples: Division of Waste Management; Board of Accountancy; District 45). Do not use acronyms. • Enter your position title- (Examples: Director; Chief Counsel; City Council Member; Staff Services Analyst) • If you hold multiple positions (i.e., a city council member who also is a member of a county board or commission), you may be required to file statements with each agency. To simplify your filing obligations, you may complete an expanded statement. • To do this, enter the name of the other agency(ies) with which you are required to file and your position titles) in the space provided- Do not use acronyms. Attach an additional sheet if necessary- Complete one statement covering the disclosure requirements for all positions. Each copy must contain an original signature. Therefore, before signing the statement. make a copy for each agency. Sign each copy with an original signature and file with each agency. If you assume or leave a position after a filing deadline, you must complete a separate statement. For example, a city council member who assumes a position with a county special district after the April annual filing deadline must file a separate assuming office statement. In subsequent years, the city council member may expand his or her annual filing to include both positions - Example: Brian Bourne is a city council member for the City of Lincoln and a board member for the Camp Far West Irrigation District - a multi -county agency that covers Placer and Yuba counties. Brian will complete one Form 700 using full disclosure {as required for the city position) and covering interests in both Placer and Yuba counties (as required for the multi -county position) and list both positions on the Cover Page. Before signing the statement, Brian will make a copy and sign both statements. One statement will be filed with City of Lincoln and the other will be filed with Camp Far West Irrigation District. Both will contain an original signature. Part 2. Jurisdiction of Office • Check the box indicating the jurisdiction of your agency and, if applicable, identify the jurisdiction. Judges, judicial candidates, and court commissioners have statewide jurisdiction. All other filers should review the Reference Pamphlet, page 13, to determine their jurisdiction. If your agency is a multi -county office, list each county in which your agency has jurisdiction. If your agency is not a state office, court, county office, city office, or multi -county office (e.g., school districts, special districts and JPAs), check the "other" box and enter the county or city in which the agency has jurisdiction, Example: This filer is a member of a water district board with jurisdiction in portions of Yuba and Sutter Counties. 1. Offln, Apnq, or Court �N� fo ro-. Feadier Alec,1rrigfflinn oim�4 , xs avrd oerare . On +mad. u. �uevm NIA Hoard Wcmhcr . Ir"b mope tteama km W w a ary n Mhr+.rwrr 6Du x+' urr R+e ymt) A4mN'A Pa . JUNWAylon of Ofliu ycn.er•raw en aeay ❑ 9 El AKO a Can Cwmewr 19 vwr-4 4ulr,� YUbd@.S000FC0ll141cs Qc"d p cry n ❑ rrea �- Part 3. Type of Statement Check at least one box. The period covered by a statement is determined by the type of statement you are filing. If you are completing a 2018 annual statement, do not change the pre-printed dates to reflect 2019- Your annual statement is used for reporting the previous year's economic interests. Economic interests for your annual filing covering January 1, 2019, through December 31, 2019, will be disclosed on your statement filed in 2020- See Reference Pamphlet, page 4. Combining Statements: Certain types of statements may be combined. For example, if you leave office after January 1, but before the deadline for filing your annual statement, you may combine your annual and leaving office statements- File by the earliest deadline. Consult your filing officer or the FPPC- Part 4. Schedule Summary • Complete the Schedule Summary after you have reviewed each schedule to determine if you have reportable interests. • Enter the total number of completed pages including the cover page and either check the box for each schedule you use to disclose interests: or if you have nothing to disclose on any schedule, check the "No reportable interests" box. Please do not attach any blank schedules. Part 5. Verification Complete the verification by signing the statement and entering the date signed. All statements must have an original wet" signature or be duly authorized by your filing officer to file electronically under Government Code Section 87500-2. When you sign your statement, you are stating, under penalty of perjury, that it is true and correct. Only the filer has authority to sign the statement. An unsigned statement is not considered filed and you may be subject to late filing penalties. FPPC Form 700(2018/201% FP PC Advice Email: advice@fppc.ca.goy FPPCTolVFree Help Me! 866/27 SA 7 7 2 www.fppcxa.gov Page - 6 SCHEDULE A-1 Investments Stocks, Bonds, and Other Interests (Ownership Interest is Less Than 10%) Investments must be itemized. Do not attach brlakeraae or financial statements. ■ NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $2,000 - S10.000 ❑ $10,001 - 5100,000 ❑ 5100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other (O"`nbel ❑ Partnership Q Income Received of $0 - $499 d Income Received of $500 or More rRepod on Set?edue C) IF APPLICABLE. LIST DATE: ACQUIRED DISPOSED ■ NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $2.000 - $10.000 ❑ $10,00, - $100,000 ❑ $100,001 - $1,000-000 ❑ over $1.000-000 NATURE OF INVESTMENT ❑ Stock ❑ Other (Describe) ❑ Partnership Q Income Received of $0 - $499 Q Income Received of $500 or More (Report on Schedue C) IF APPLICABLE, LIST DATE: ACQUIRED DISPOSED ■ NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $2.000 - $10.000 ❑ $10,001 - $10o,000 ❑ $100,001 - $1,000,000 ❑ Over $1.000.000 NATURE OF INVESTMENT ❑ Stock ❑ Other g0escnbei ❑ Partnership 0 Income Received or So - $499 Income Received of $500 or More (Report on schedule C7 IF APPLICABLE, LIST DATE ACQUIRED DISPOSED Comments: CALIFORNIA FORM 700 FAIR POLITICAL PRACTICES commis5ioN ■ NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ szo00 - $10,000 ❑ $10.001 - $100.0013 ❑ $100.001 - $1.QDo,000 ❑ Over 31,Oo0.000 NATURE OF INVESTMENT ❑ Stock ❑ Other (oescnbe] ❑ Partnership 0 Income Received of $0 - $499 ❑ Income Received of $500 or More (,Report on Schedu+e C) IF APPLICABLE. LIST DATE: I / ACQUIRED DISPOSED ■ NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $2.000 - $10.000 ❑ s1o,001 - $100.000 ❑ s100,001 - $1.000-000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stack ❑ Other (Descnbe) ❑ Partnership Q Income Received of $0 - $499 ❑ Income Received of $500 or More (Report on schedv7e cl IF APPLICABLE, LIST DATE: �/ 18 ACQUIRED DISPOSED ■ NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $2.000 - $10.000 ❑ $10,Dol - $100.000 ❑ $100,001 - $1,00o,000 ❑ Over $1,000.000 NATURE OF INVESTMENT ❑ Stock ❑ Other (Describe) ❑ Partnership Q Income Received of SD - $499 Income Received of 5500 or More (Report on Schedure C) IF APPLICABLE, LIST DATE is 18 ACQUIRED DISPOSED FPPC form 700(2018/2019) FPPC Advice Email: advice@fppC.Ca.gov FPPCTW-Free Helpline: 866/275.3772 www.fppc.ca.gov Page - 7 Instructions — Schedules A-1 and A-2 Investments "Investment" means a financial interest in any business entity (including a consulting business or other independent contracting business) that is located in, doing business in, planning to do business in, or that has done business during the previous two years in your agency's jurisdiction in which you, your spouse or registered domestic partner. or your dependent children had a direct, indirect, or beneficial interest totaling $2,000 or more at any time during the reporting period- (See Reference Pamphlet, page 13.) Reportable investments include: • Stocks, bonds, warrants, and options, including those held in margin or brokerage accounts and managed investment funds (See Reference Pamphlet, page 13.) Sole proprietorships • Your own business or your spouse's or registered domestic partner's business (See Reference Pamphlet, page 8, for the definition of "business entity.") • Your spouse's or registered domestic partner's investments even if they are legally separate property • Partnerships (e.g., a law firm or family farm) • investments in reportable business entities held in a retirement account (See Reference Pamphlet, page 15.) • If you, your spouse or registered domestic partner, and dependent children together had a 10% or greater ownership interest in a business entity or trust (including a living trust), you must disclose investments held by the business entity or trust. (See Reference Pamphlet, page 16, for more information on disclosing trusts.) • Business trusts You are not required to disclose: • Government bonds, diversified mutual funds, certain funds similar to diversified mutual funds (such as exchange traded funds) and investments held in certain retirement accounts. (See Reference Pamphlet, page 13.) (Regulation 18237) • Bank accounts, savings accounts, money market accounts and certificates of deposits • Insurance policies • Annuities • Commodities • Shares in a credit union • Government bonds {including municipal Bonds) • Retirement accounts invested in non -reportable interests (e.g., insurance policies, mutual funds, or government bonds) (See Reference Pamphlet, page 15.) Reminders ■ ❑o you know your agency's jurisdiction? • Did you hold investments at any time during the period covered by this statement? ■ Code filers — your disclosure categories may only require disclosure of specific investments. • Government defined -benefit pension plans (such as CaIPERS and CaISTRS plans) • Certain interests held in a blind trust (See Reference Pamphlet, page 16.) Use Schedule A-1 to report ownership of less than 10% (e.g., stock)_ Schedule C (Income) may also be required if the investment is not a stock or corporate bond. (See second example below.) Use Schedule A-2 to report ownership of 10% or greater (e.g., a sole proprietorship). To Complete Schedule A-1: ❑o not attach brokerage or financial statements. • Disclose the name of the business entity. • Provide a general description of the business activity of the entity (e.g., pharmaceuticals, computers, automobile manufacturing, or communications). • Check the box indicating the highest fair market value of your investment during the reporting period. If you are filing a candidate or an assuming office statement, indicate the fair market value on the filing date or the date you took office, respectively. (See page 20 for more information.) • Identify the nature of your investment (e.g., stocks, warrants, options, or bonds). • An acquired or disposed of date is only required if you initially acquired or entirely disposed of the investment interest during the reporting period. The date of a stock dividend reinvestment or partial disposal is not required. Generally, these dates will not apply if you are filing a candidate or an assuming office statement. Examples: Frank Byrd holds a state agency position. His conflict of interest code requires full disclosure of investments. Frank must disclose his stock holdings of $2,000 or more in any company that is located in or does business in California, as well as those stocks held by his spouse or registered domestic partner and dependent children. Alice Lance is a city council member. She has a 4% interest, worth $5,000, in a limited partnership located in the city. Alice must disclose the partnership on Schedule A-1 and income of $500 or more received from the partnership on Schedule C. FPP[ Form 700 t2019/20191 FPPL Advice Email! adviceimfppE.ca.gov RKToII-Free Helpline: $66/275.1772 www.tppe.ca.gov Page -S SCHEDULE A-2 Investments, Income, and Assets of Business Entities/Trusts (Cwnership Interest is 10% or Greater) o1. BUSINESS ENTITY OR TRUST Name Address (Business Address Arceptablel Check one ❑ Trust. go to 2 ❑ Business Entity, corr#ete the box, then go to 2 GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE IF APPLICABLE, LIST DATE. ❑ so - $1,999 ❑ $2,000 - $10.000 118 ❑ $10,001 - $100,000 ACQUIRED DISPOSED ❑ $100,001 - $1.000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Partnership ❑ Sale Proprietorship ❑ trier YOUR BUSINESS POSITION ■ ■ ■ . ■ It SHARE OF ■SS INCOME ■ THE ENTITYITRUST) ❑ $0 - $499 ❑ $10,001 - $100.000 ❑ $500 - 51,000 ❑ OVER $100.000 ❑ $1.001 - sio.o00 w 3. LIST THE NAME OF ■'TABLE SINGLE SOURCE OF I NC ■ ME • F S 10. rrr • R MOR ❑ None or ❑ Names listed below ■ INTERESTS IN REAL PROPERTY■ OR LEASED BY THE BUSINESS ENTITY OR Check one box: ❑ INVESTMENT [ REAL PROPERTY Name of Business Entity, if Investment, 4S Assessor's Parcel Number Or Street Address of Real Property Description of Business Activity QC City or Other Precise Location of Real Property FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 ❑ S100,D01 - S1,000,o0o ACQUIRED DISPOSED ❑ Over $1,Ooo,00o NATURE OF INTEREST ❑ Property OwnershiplDeed of Trust ❑ Stock ❑ Partnership ❑ Leasehold ❑ Other Yrs- remaining ❑ Check box 9 additional schedules reporting investments or real property are attached CALIFORNIA FORM 700 FAIR POLITICAL PRACTICES COMMISSION P. 1. BUSINESS ENTITY OR Name Address (Business Address Acceptable) Check one Trust- go to 2 ❑ Business Entity, complete the box, lrren go to 2 GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ❑ $0 - $1,999 ❑ $2.000 - $10,000 /18 ❑ $10,001 - sloo,000 ACQUIRED DISPOSED ❑;1no. 001-51,00o,000 ❑ Over $1.000.000 NATURE OF INVESTMENT ❑ Partnership ❑ Sole Proprietorship ❑ tnNr YOUR BUSINESS POSITION ■ •■ • @I-1KvJftWJJKM • ■ SHARE OF •SS INCOME ■ THE ENTITYITRUSTJ ❑ $0 - $499 ❑ $10,001 - s10o,000 ❑ $500 - $17000 ❑ OVER $100.000 ❑ 51,001 - s10-000 W 3- LIST THE NAME Of: ■ ■ OF OM E ■ F S 10, rrr ■- M ■ ❑ None or Lj Names listed below ■ INTERESTS IN REAL PROPERTY■ LEASEO BY THE BUSINESS ENTITY OR Check one box: ❑ INVESTMENT ❑ REAL PROPERTY Name of Business Entity If Investment. g� Assessor's Parcel Number or Street Address of Real Property Description of Business Activity gL City or Other Precise Location of Real Property FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ❑ $2,000 - $10,000 ❑ $10,Do1 - $100,000 8 ,I —JAL ❑ $100,001 - $1.000,000 ACQUIRED DISPOSED ❑ Over $1,000.000 NATURE OF INTEREST ❑ Property Ownership/Deed of Trust ❑ Stock ❑ Partnership ❑ Leasehold ❑ Other Yrs- remaining ❑ Check box if additional schedules reporting investments or real property are attached Cornments: FPPC Form 70DJ2018/20191 FPPC Advice Emaii: advice@fppc.ca.gov FPPC Toll -Free Hel pline: 866/275-3772 www.fppc.ra. Gov Page - 9 Instructions — Schedule A-2 Investments, Income, and Assets of Business Entities/Trusts Use Schedule A-2 to report investments in a business entity (including a consulting business or other independent contracting business) or trust (including a living trust) in which you, your spouse or registered domestic partner, and your dependent children, together or separately, had a 10% or greater interest, totaling $2.000 or more, during the reporting period and which is located in, doing business in, planning to do business in, or which has done business during the previous two years in your agency's jurisdiction. (See Reference Pamphlet, page 13.) A trust located outside your agency's jurisdiction is reportable if it holds assets that are located in or doing business in the jurisdiction. Do not report a trust that contains non -reportable interests. For example, a trust containing only your personal residence not used in whole or in part as a business, your savings account, and some municipal bonds, is not reportable. Also report on Schedule A-2 investments and real property held by that entity or trust if your pro rata share of the investment or real property interest was $2,000 or more during the reporting period. To Complete Schedule A-2: Part 1. Disclose the name and address of the business entity or trust. If you are reporting an Interest in a business entity, check "Business Entity" and complete the box as follows: • Provide a general description of the business activity of the entity. • Check the box indicating the highest fair market value of your investment during the reporting period. • If you initially acquired or entirely disposed of this interest during the reporting period, enter the date acquired or disposed. • Identify the nature of your investment. • Disclose the job title or business position you held with the entity, if any (i.e., if you were a director, officer. partner, trustee, employee, or held any position of management). A business position held by your spouse is not reportable. Part 2. Check the box indicating your pro rata share of the gross income received by the business entity or trust. This amount includes your pro rata share of the gross income from the business entity or trust, as well as your community property interest in your spouse's or registered domestic partner'. share. Gross income is the total amount of income before deducting expenses, losses, or taxes. Part 3. Disclose the name of each source of income that is located in, doing business in, planning to do business in, or that has done business during the previous two years in your agency's jurisdiction, as follows: • Disclose each source of income and outstanding loan to the business entity or trust identified in Part 1 if your pro rata share of the gross income (including your community property interest in your spouse's or registered domestic partner's share) to the business entity or trust from that source was $10.000 or more during the reporting period. (See Reference Pamphlet, page 11, for examples.) Income from governmental sources may be reportable if not considered salary. See Regulation 18232. Loans from commercial lending institutions made in the lender's regular course of business on terms available to members of the public without regard to your official status are not reportable. • Disclose each Individual or entity that was a source of commission income of $10,000 or more during the reporting period through the business entity identified in Part 1. (See Reference Pamphlet, page S.) You may be required to disclose sources of income located outside your jurisdiction. For example, you may have a client who resides outside your jurisdiction who does business on a regular basis with you. Such a client, if a reportable source of $10,000 or more, must be disclosed. Mark "None" if you do not have any reportable $10,000 sources of income to disclose. Phrases such as "various clients" or "not disclosing sources pursuant to attorney -client privilege" are not adequate disclosure. (See Reference Pamphlet, page 14, for information on procedures to request an exemption from disclosing privileged information.) Part 4. Report any investments or interests in real property held or leased by the entity or trust identified in Part 1 if your pro rata share of the interest held was $2,000 or more during the reporting period. Attach additional schedules or use FPPC's Form 700 Excel spreadsheet if needed. • Check the applicable box identifying the interest held as real property or an investment. • If investment, provide the name and description of the business entity. • If real property, report the precise location (e.g., an assessor's parcel number or address). • Check the box indicating the highest fair market value of your interest in the real property or investment during the reporting period. (Report the fair market value of the portion of your residence claimed as a tax deduction if you are utilizing your residence for business purposes.) • Identify the nature of your interest. • Enter the date acquired or disposed only if you initially acquired or entirely disposed of your interest in the pmpertty or investment during the reporting period. FPPC Form 700(2018/2019) FPPC Advice Email! advice@fppc.ca.gov FPPC Toll -Flee Help line: 866/275-3772 www.fppc.(;a.gov Page - 10 SCHEDULE B Interests in Real Property (Including Rental Income) ■ ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS CITY FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ❑ $2,000 - $10,000 ❑ $10.001 - $100.000 ❑ $100.001 - $1.000.000 ACQUIRED DISPOSED ❑ Over $1.000.000 NATURE OFINTEREST ❑ Ownership/Deed of Trust ❑ Easement ❑ Leasehold ❑ Yrs. remaining Other IF RENTAL PROPERTY, GROSS INCOME RECEIVED ❑ $0 - $499 ❑ $500 - $1,000 ❑ $1,001 - $10.000 ❑ $10,001 - $100.000 ❑ OVER $100.000 SOURCES OF RENTAL INCOME: If you own a 10% or greater interest. list the name of each tenant that is a single source of income of $10.000 or more, ❑ None CALIFORNIA FORM 700 FAIR POLITICAL PRACTICES COMMISSION ■ ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS CITY FAIR MARKET VALUE ❑ $2,000 - $10.000 ❑ $10,001 - $100,000 ❑ $100,o0T - $1,000,000 ❑ Over $1.000,000 NATURE OF INTEREST ❑ OwnershipiDeed of Trust ❑ Leasehold IF APPLICABLE, LIST DATE: —j /18 ACQUIRED DISPOSED ❑ Easement El Yrs. remaining Omer IF RENTAL PROPERTY, GROSS INCOME RECEIVED ❑ $0 - $499 ❑ $500 - $1,0o0 ❑ $1.001 - $10,o0o ❑ $10,001 - $100,000 ❑ OVER $100,000 SOURCES OF RENTAL INCOME: If you own a 10% or greater interest, list the name of each tenant that is a single source of income of $10.000 or more. ❑ None * You are not required to report loans from a commercial lending institution made in the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows: NAME OF LENDER` ADDRESS (8usrness Address Acceptable) BUSINESS ACTIVITY. IF ANY, OF LENDER INTEREST RATE TERM (Moalhs/Years) 90 ❑ None HIGHEST BALANCE DURING REPORTING PERIOD ❑ $500 - $1.000 ❑ $1.001 - $10.000 ❑ $10,001 - $100.000 ❑ OVER $100,000 ❑ Guarantor. if applicable Comments: NAME OF LENDER' ADDRESS (6usrness Andress Acceptable) BUSINESS ACTIVITY, IF ANY, OF LENDER INTEREST RATE TERM (MonthsfYears) ❑ None HIGHEST BALANCE DURING REPORTING PERIOD ❑ $500 - $1,000 ❑ S1,001 - $10,000 ❑ $10.001 - $100.000 ❑ OVER $100,000 ❑ Guarantor, if applicable FPPC Farm 700 (2019/2019) FPPC Advice Email: advice@fppCxa,g0V FPPC Toll -free He l pi ine: 866/275-3772 www.fp pcca.guv Page -11 Instructions — Schedule B Interests in Real Property Report interests in real property located in your agency's jurisdiction in which you, your spouse or registered domestic partner, of your dependent children had a direct. indirect, or beneficial interest totaling $2,000 or more any time during the reporting period. Real property is also considered to be "within the jurisdiction' of a local government agency if the property or any part of it is located within two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency. (See Reference Pamphlet, page 13.) • If you received rental income, check the box indicating the gross amount you received. • If you had a 10% or greater interest in real property and received rental income, list the name of the sources) if your pro rata share of the gross income from any single tenant was $10,000 or more during the reporting period. If you received a total of $10,000 or more from two or more tenants acting in concert (in most cases. this will apply to married couples), disclose the name of each tenant. Otherwise, mark "None." Interests in real property include: Loans from a private lender that total $504 or more and • An ownership interest (including a beneficial ownership are secured by real property may be reportable. Loans interest) from commercial lending institutions made in the • A deed of trust, easement, or option to acquire property lender's regular course of business on terms available • A leasehold interest (See Reference Pamphlet, page 14.) to members of the public without regard to your official status are not reportable. • Amin ing lease • An interest in real property held in a retirement account (See Reference Pamphlet, page 15.) • An interest in real property held by a business entity or trust in which you, your spouse or registered domestic partner, and your dependent children together had a 10% or greater ownership interest (Report on Schedule A-2.) • Your spouse's or registered domestic partner's interests in real property that are legally held separately by him or her You are not required to report: • A residence, such as a home or vacation cabin, used exclusively as a personal residence (However, a residence in which you rent out a room or for which you claim a business deduction may be reportable. If reportable, report the fair market value of the portion claimed as a tax deduction.) Please note: A non -reportable residence can still be grounds for a conflict of interest and may be disqualifying. • Interests in real property held through a blind trust (See Reference Pamphlet, page 16.) To Complete Schedule B: • Report the precise location (e.g., an assessor's parcel number or address) of the real property. • Check the box indicating the fair market value of your interest in the property (regardless of what you owe on the property). • Enter the date acquired or disposed only if you initially acquired or entirely disposed of your interest in the property during the reporting period. • Identify the nature of your interest. If it is a leasehold, disclose the number of years remaining on the lease. Reminders . Income and loans already reported on Schedule B are not also required to be reported on Schedule C. ■ Real property already reported on Schedule A-2, Part 4 is not also required to be reported on Schedule B. . Code filers — do your disclosure categories require disclosure of real property? When reporting a loam Provide the name and address of the lender. Describe the lender's business activity. Disclose the interest rate and term of the loan. For variable interest rate loans, disclose the conditions of the loan (e.g., Prime + 2) or the average interest rate paid during the reporting period. The term of a loan is the total number of months or years given for repayment of the loan at the time the loan was established. Check the box indicating the highest balance of the loan during the reporting period. - Identify a guarantor, if applicable. If you have more than one reportable loan on a single piece of real property, report the additional loan(s) on Schedule C. Example: Allison Gande is a city planning commissioner. During the reporting period, she received rental income of $12,DOO, from a single tenant who rented property she owned in the city's jurisdiction. If Allison received $6,000 each from two tenants, the tenants' names would not be required because no single tenant paid her $10,000 or more. A married couple is considered a single tenant. 48W 241h Streer rn s*a•er.ar+ass o, a E nr� D .,oar r1r,o� r,�a�aa ;��.e,..,aa� J +• Henry Waft Sophia Petroillo �� fb�� tea. 2121 Blue Sky Pathway, Sacramento Paz wW ram. � use Restaurant Owner n..__. 15 Years Lj� U .,.•a, .1,0" „4m,.,,Wrm °�enWaaa Co—W FPPC Form 700{201812019y FPP[ Advice Emgil: Bdvice@fppL[a.gov FPPCToIVFree HelpIinc 866/275-3772 www.fppc.ca.gov Page • 12 SCHEDULE C Income, Loans, & Business Positions (Other than Gifts and Travel Payments) NAME OF SOURCE OF INCOME ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY. OF SOURCE YOUR BUSINESS POSITION GROSS INCOME RECEIVED ❑ No Income - Business Position Only ❑ $500 - $1,o0D ❑ $1.001 - $10.000 ❑ $10.001 - $100,o0o ❑ OVER $100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED ❑ Salary ❑ Spouse's or registered domestic partner's income [For self-employed use Schedule A-2.] ❑ Partnership (Less than 10% ownership. For 10% or greater use Schedule A-2.) ❑ Sale of ❑ Loan repayment ❑ Commission or (Real property car, boar, etc.) ❑ Rental Income, +lsr each source or SIR000 or more (Downbe) NAME OF SOURCE OF INCOME ADDRESS (Business Address AccepfaNe) BUSINESS ACTIVITY, IF ANY. OF SOURCE YOUR BUSINESS POSITION GROSS INCOME RECEIVED ❑ No Income - Business Position Only ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED ❑ salary ❑ Spouse's or registered domeslic partner's income (For self-employed use Schedule A-2.) ❑ Partnership (Less than 10% ownership. For 10% or greater use Schedule A-2.) ❑ sale of (Real property, car boat, etc) ❑ Loan repayment ❑ Commission or ❑ Rental Income, list each source or 410, Opp or mom (Oescnbe) ❑ Olhe• I I ❑ Other rbeSCnber fDescnbel LOANSRECEIVED ■' OUTSTANDING DURING THE REPORTINGPERIOD * You are not required to report loans from a commercial lending institution, or any indebtedness created as part of a retail installment or credit card transactlon, made in the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows: NAME OF LENDER' ADDRESS (Sus+ness Address Acceptabie) BUSINESS ACTIVITY IF ANY, OF LENDER HIGHEST BALANCE DURING REPORTING PERIOD ❑ $500 - $1,000 ❑ S1,0o1 - $10.000 ❑ $10 001 - $100.000 ❑ OVER $100,000 Comments: INTEREST RATE TERM [Months(Years) % ❑ None SECURITY FOR LOAN ❑ None ❑ Personal residence ❑ Real Property ❑ Guarantor ❑ Other Street address city foescribel FPPC Form 700 (2018/2019) FPPC Advice Email: advire@fppC.ca,gov FPPC Toll -Free Helpline: SM/275-3772 www.fppc.ca.gov Page - 13 Instructions — Schedule C Income, Loans, & Business Positions (Income Other Than Gifts and Travel Payments) Reporting Income: Report the source and amount of gross income of $500 or more you received during the reporting period. Gross income is the total amount of income before deducting expenses, losses, or taxes and includes loans other than loans from a commercial lending institution. (See Reference Pamphlet, page 11.) You must also report the source of income to your spouse or registered domestic partner if your community property share was $500 or more during the reporting period. The source and income must be reported only if the source is located in, doing business in, planning to do business in, or has done business during the previous two years in your agency's jurisdiction. (See Reference Pamphlet, page 13.) Reportable sources of income may be further limited by your disclosure category located in your agency's conflict of interest code. Reporting Business Positions: You must report your job title with each reportable business entity even if you received no income during the reporting period. Use the comments section to indicate that no income was received. Commonly reportable income and loans include: • Salary/wages, per diem, and reimbursement for expenses including travel payments provided by your employer • Community property interest (50%) in your spouse's or registered domestic partner's income - report the employer's name and all other required information • Income from investment interests, such as partnerships, reported on Schedule A-1 • Commission income not required to be reported on Schedule A-2 (See Reference Pamphlet, page 8.) • Gross income from any sale, including the sale of a house or car (Report your pro rata share of the total sale price.) • Rental income not required to be reported on Schedule B • Prizes or awards not disclosed as gifts • Payments received on loans you made to others • An honorarium received prior to becoming a public official (See Reference Pamphlet, page 1 ❑.) • Incentive compensation (See Reference Pamphlet, page 12.) Reminders • Code filers — your disclosure categories may not require disclosure of all sources of income. • If you or your spouse or registered domestic partner are self-employed, report the business entity on Schedule A-2. • Do not disclose on Schedule C income, loans, or business positions already reported on Schedules A-2 or B. You are = required to report: • Salary. reimbursement for expenses or per diem, or social security, disability, or other similar benefit payments received by you or your spouse or registered domestic partner from a federal, state, or local government agency. • Stock dividends and income from the sale of stock unless the source can be identified. • Income from a PERS retirement account. (See Reference Pamphlet, page 12.) To Complete Schedule C: Part 1. Income Received/Business Position Disclosure • Disclose the name and address of each source of income or each business entity with which you held a business position. • Provide a general description of the business activity if the source is a business entity. • Check the box indicating the amount of gross income received. • Identify the consideration for which the income was received. • For income from commission sales, check the box indicating the gross income received and list the name of each source of commission income of $10,000 or more. (See Reference Pamphlet, page 8.) Note. If you receive commission income on a regular basis or have an ownership interest of 10% or more, you must disclose the business entity and the income on Schedule A-2. • Disclose the job title or business position, if any, that you held with the business entity, even if you did not receive income during the reporting period. Part 2. Loans Received or Outstanding During the Reporting Period • Provide the name and address of the lender. • Provide a general description of the business activity if the lender is a business entity. • Check the box indicating the highest balance of the loan during the reporting period. • Disclose the interest rate and the term of the loan. For variable interest rate loans, disclose the conditions of the loan [e.g., Prime + 2] or the average interest rate paid during the reporting period. - The term of the loan is the total number of months or years given for repayment of the loan at the time the loan was entered into. • Identify the security, if any, for the loan. FPp[ Form 700(201812019) FPPC Advice Email: advice@fppexa.gov FPPC Toll -Free Helpllne:866/275-3772 www.fppc.ca.gov Page -14 SCHEDULE D Income — Gifts ■ NAME OF SOURCE (Nat an Acronym) ADDRESS (Basrness Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mrWddlyy) VALUE DESCRIPTION OF GIFT(S) ��— S ��— i ■ NAME OF SOURCE (Nat an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY. IF ANY, OF SOURCE DATE (mmlddlyy) VALUE DESCRIPTION OF GIFT(S) ■ NAME OF SOURCE (Nol an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mmlddtyy) VALUE DESCRIPTION OF GIFT(S) �`l s Comments: ■ NAME OF SOURCE (Nat an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY. OF SOURCE DATE (mrnlddlyy) VALUE DESCRIPTION OF GIFT(S) $ 1�T s_____ �_ ��- S ■ NAME OF SOURCE (Not an Acmnym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mmlddlyy) VALUE DESCRIPTION OF GIFT(S) S --J--JS ■ NAME OF SOURCE (Not an Acronym) ADDRESS [&)Sines Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mmlddlyy) VALUE DESCRIPTION OF GIFT(S) ��- S FPPC Form 700 (201812019j FP PC Advice Emall; advice@tppc.ca.gov FPPC Toll -Free Helpfine:8661275-3772 www.Ippc.ca.gov Page - 3.5 Instructions - Schedule D Income - Gifts A gift is anything of value for which you have not provided equal or greater consideration to the donor. A gift is reportable if its fair market value is $50 or more. In addition, multiple gifts totaling $50 or more received during the reporting period from a single source must be reported. It is the acceptance of a gift, not the ultimate use to which it is put. that imposes your reporting obligation. Except as noted below, you must report a gift even if you never used it or if you gave it away to another person. If the exact amount of a gift is unknown, you must make a good faith estimate of the item's fair market value. Listing the value of a gift as "over $50" or "value unknown" is not adequate disclosure. In addition, if you received a gift through an intermediary, you must disclose the name, address, and business activity of both the donor and the intermediary. You may indicate an intermediary either in the "source" field after the name or in the "comments" section at the bottom of Schedule D. Commonly reportable gifts include: Tickets/passes to sporting or entertainment events Tickets/passes to amusement parks • Parking passes not used for official agency business • Food, beverages, and accommodations, including those provided in direct connection with your attendance at a convention, conference, meeting, social event. meal, or like gathering • Rebates/discounts not made in the regular course of business to members of the public without regard to official status • Wedding gifts (See Reference Pamphlet, page 16) • An honorarium received prior to assuming office (You may report an honorarium as income on Schedule C, rather than as a gift on Schedule D. if you provided services of equal or greater value than the payment received. See Reference Pamphlet, page 10.) • Transportation and lodging (See Schedule E.) • Forgiveness of a loan received by you You are i14i required to disclose: Reminders ■ Gifts from a single source are subject to a $500 limit in 2019- (See Reference Pamphlet, page 10.) ■ Code filers — you only need to report gifts from reportable sources. Gift Tracking Mobile Application ■ FPPC has created a gift tracking app for mobile devices that helps filers track gifts and provides a quick and easy way to upload the information to the Form 700. Visit FPPC's website to download the app. • Gifts that were not used and that, within 30 days after receipt, were returned to the donor or delivered to a charitable organization or government agency without being claimed by you as a charitable contribution for tax purposes • Gifts from your spouse or registered domestic partner, child, parent, grandparent, grandchild, brother, sister, and certain other famly members (See Regulation 18942 for a complete list.). The exception does not apply if the donor was acting as an agent or intermediary for a reportable source who was the true donor. • Gifts of similar value exchanged between you and an individual, other than a lobbyist registered to lobby your state agency, on holidays, birthdays, or similar occasions • Gifts of informational material provided to assist you in the performance of your official duties (e.g., books, pamphlets, reports, calendars, periodicals, or educational seminars) • A monetary bequest or inheritance (However, inherited investments or real property may be reportable on other schedules.) • Personalized plaques or trophies with an individual value of less than $250 • Campaign contributions • Up to two tickets, for your own use, to attend a fundraiser for a campaign committee or candidate, or to a fundraiser for an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. The ticket must be received from the organization or committee holding the fundraiser. • Gifts given to members of your immediate family if the source has an established relationship with the family member and there is no evidence to suggest the donor had a purpose to influence you. (See Regulation 18943.) • Free admission, food, and nominal items (such as a pen, pencil, mouse pad, note pad or similar item) available to all attendees, at the event at which the official makes a speech (as defined in Regulation 18950(b)(2)), so long as the admission is provided by the person who organizes the event. • Any other payment not identified above, that would otherwise meet the definition of gift, where the payment is made by an individual who is not a lobbyist registered to lobby the official's state agency. where it is clear that the gift was made because of an existing personal or business relationship unrelated to the official's position and there is no evidence whatsoever at the time the gift is made to suggest the donor had a purpose to influence you. To Complete Schedule D: • Disclose the full name (not an acronym), address, and, if a business entity, the business activity of the source. • Provide the date (month, day, and year) of receipt, and disclose the fair market value and description of the gift. FPPC Form 700(2018/2019) 5PPCAdvice Email! advice@fppc.ca.gov FPPC Toll -Free Helpline! 866/275-3772 www.fppc.ca.gov Page - 16 SCHEDULE E Income — Gifts Travel Payments, Advances, and Reimbursements Name Mark either the gift or income box. Mark the "501(c)(3)" box for a travel payment received from a nonprofit 501 (c)(3) organization or the "Speech" box if you made a speech or participated in a panel. Per Government Code Section 89506, these payments may not be subject to the gift limit. However, they may result in a disqualifying conflict of interest. For gifts of travel, provide the travel destination. ■ NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE 501 [03y or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S) I - AMT. S (if gift) ■ MUST CHECK ONE ❑ Gift -or- ❑ Income O Made a Speech/Participated in a Panel other - Provide Description ■ If Gift, Provide Travel Destination ■ NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE ❑ 501 (c)(3) or DESCRIBE 9USINESS ACTIVITY. IF ANY, OF SOURCE DATE(S): AMT: $ (if gift) ■ MUST CHECK ONE: ❑ Gift -or- ❑ Income D Made a Speech/Participated in a Panel p Other - Provide Description If Gift Provide Travel Destination Comments: ■ NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE 501 to) (3) ❑r DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S): AMT $ (11 gift) ■ MUST CHECK ONE: ❑ Gift -or- ❑ Income 0 Made a SpeechJParticipated in a Panel Q Other - Provide Description ■ If Gift, Provide Travel Destination ■ NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE ❑ 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY. IF ANY, OF SOURCE DATE(S):. AMT: $ (if gift) ■ MUST CHECK ONE ❑ Gift -or- ❑ Income C) Made a Speech/Participated in a Panel a Other - Provide Description ■ If Gift. Provide Travel Destination FPPC Form 70D12018/2019t FPPC Advice Email: advice@fppc.ca. gav FPPC Toll -Free Herpll ne: 9661275-3772 w .fppc. ca. g ov Page - 17 Instructions — Schedule E Travel Payments, Advances, and Reimbursements Travel payments reportable on Schedule E include advances and reimbursements for travel and related expenses, including lodging and meals. Gifts of travel may be subject to the gift limit. In addition, certain travel payments are reportable gifts, but are not subject to the gift limit. To avoid possible misinterpretation or the perception that you have received a gift in excess of the gift limit, you may wish to provide a specific description of the purpose of your travel. (See the FPPC fact sheet entitled "Limitations and Restrictions on Gifts. Honoraria, Travel, and Loans" to read about travel payments under section 89505(a) .) You are ngl required to disclose: • Travel payments received from any state, local, or federal government agency for which you provided services equal or greater in value than the payments received. such as reimbursement for travel on agency business from your government agency employer. • A payment for travel from another local, state, or federal government agency and related per diem expenses when the travel is for education, training or other inter -agency programs or purposes. • Travel payments received from your employer in the normal course of your employment that are included in the income reported on Schedule C. • A travel payment that was received from a nonprofit entity exempt from taxation under Internal Revenue Code Section 501(c)(3) for which you provided equal or greater consideration, such as reimbursement for travel on business for a 501(c)(3) organization for which you are a board member. Note. Certain travel payments may not be reportable if reported via email on Form 801 by your agency. To Complete Schedule E: • Disclose the full name (not an acronym) and address of the source of the travel payment. • Identify the business activity if the source is a business entity. • Check the box to identify the payment as a gift or income, report the amount, and disclose the date(s). - Travel payments are gifts if you did not provide services that were equal to or greater in value than the payments received. You must disclose gifts totaling $50 or more from a single source during the period covered by the statement. When reporting travel payments that are gifts, you must provide a description of the gift, the date(s) received, and the travel destination, - Travel payments are income if you provided services that were equal to or greater in value than the payments received. You must disclose income totaling $500 or more from a single source during the period covered by the statement. You have the burden of proving the payments are income rather than gifts. When reporting travel payments as income, you must describe the services you provided in exchange for the payment. You are not required to disclose the date(s) for travel payments that are income. Example: City council member MaryClaire Chandler is the chair of a 601(c)(5) trade association, and the association pays for her travel to attend its meetings. Because MaryClaire is deemed to be providing equal or greater consideration for the travel payment by virtue of serving on the board, this payment may be reported as income. Payments for MaryClaire to attend other events for which she is not providing services are likely considered gifts. Note that f %k%* ly 5[.Y.AOE iW.A.� l Cnengdu m niupai People§ Government AOdaESa i� Adw.r A.W�W 2 CausN St, CaoShoe. Qingyang 4u, Chengdu Shl CrT AM STAB Sichuan Sheng, China, StWO Ll 50, iarA .r f1EklRaE &W ESS ACTMW.. IF AM'.OF BOMCE MTErs}_09j 04j " J08j Xx.. x3,874, 38 fu A . +.AST C14CK OW >t an — n Yuma ,J Mane a spe fYPJ0.DaW ,n a Pared Mw _ „� �br Travel reimbursement for tnp to Ctena .-_ • Ir Gd'i. P .d howl '.wdrr sicnuan5heng Clrre p g limit. In this case, the travel payments are not subject to the gift limit because the source is a foreign government and because the travel is reasonably related to a governmental purpose. (Section 89506(a)(2).) Note that Mayor Kim could be disqualified from participating in or making decisions about The Chengdu Municipal People's Government for 12 months. Also note that if China Silicon Valley Business Development (a 501(c)(6) organization) paid for the travel costs rather than the governmental organization, the payments would be subject to the gift limits. (See the FPPC fact sheet, Limitations and Restrictions on Gifts, Honoraria. Travel and Loans, at www.fppc.ca.gov.) • 4AME0E SOURCE (l .Awo,mj Health Services Trade Association A E SS 15— AQ)e.. A-,P-* MO K Street. Suite 610 CfTd' Alq STATE SacorT errlo, CA ❑ 50t tyM* w CESCm6E euanisss ACTARTI. rFAW.. OF SOURCE Asucation of Healthcare Workers oArEis) __J_.J_ AW.. s 150.00 rA • eLeT CaECR orE 0 OR yr- ©Ircdlie 1 m a sweavPW* 8W ei a d>onl • cih, fide �r�r, Travel reimbursementfof board meeting. the same payment from a 501(c)3 would NOT be reportable. Example: Mayor Kim travels to China on a trip organized by China Silicon Valley Business Development, a California nonprofit, 501(c)(6) organization. The Chengdu Municipal People's Government pays for Mayor Kim's airfare and travel costs, as well as his meals and lodging during the trip. The trip's agenda shows that the trip', purpose is to promote job creation and economic activity in China and in Silicon Valley, so the trip is reasonably related to a governmental purpose. Thus, Mayor Kim must report the gift of travel, but the gift is exem t from the ift FPPC Form 700(2018/2019) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline:866/275-3772 www.fppc.ca.gov Page - 1s Restrictions and Prohibitions The Political Reform Act (Gov. Code Sections 81000- 91014) requires most state and local government officials and employees to publicly disclose their personal assets and income. They also must disqualify themselves from participating in decisions that may affect their personal economic interests. The Fair Political Practices Commission (FPPC) is the state agency responsible for issuing the attached Statement of Economic Interests, Form 700, and for interpreting the law's provisions. Gift Prohibition Gifts received by most state and local officials, employees, and candidates are subject to a limit. In 2017 and 2018, the gift limit was $470 from a single source during a calendar year. In 2019-2020, the gift limit increased to $500 from a single source during a calendar year. In addition, state officials, state candidates, and certain state employees are subject to a $10 limit per calendar month on gifts from lobbyists and lobbying firms registered with the Secretary of State. See Reference Pamphlet. page 10. State and local officials and employees should check with their agency to determine if other restrictions apply. Disqualification Public officials are, under certain circumstances, required to disqualify themselves from making, participating in, or attempting to influence governmental decisions that will affect their economic interests. This may include interests they are not required to disclose. For example, a personal residence is often not reportable, but may be grounds for disqualification. Specific disqualification requirements apply to 87200 filers (e.g., city councilmembers, members of boards of supervisors, planning commissioners, etc.). These officials must publicly identify the economic interest that creates a conflict of interest and leave the room before a discussion or vote takes place at a public meeting. For more information, consult Government Code Section 87105, Regulation 18707, and the Guide to Recognizing Conflicts of Interest at wwwfppc.ca.gov Honorarium Ban Most state and local officials, employees. and candidates are prohibited from accepting an honorarium for any speech given, article published, or attendance at a conference, convention, meeting, or like gathering. (See Reference Pamphlet, page 10.) Loan Restrictions Certain state and local officials are subject to restrictions on loans. (See Reference Pamphlet, page 14.) Post -Governmental Employment There are restrictions on representing clients or employers before former agencies. The provisions apply to elected state officials, most state employees, local elected officials, county chief administrative officers. city managers, including the chief administrator of a city, and general managers or chief administrators of local special districts and JPAs. The FPPC website has fact sheets explaining the provisions. Late Filing The filing officer who retains originally -signed or electronically filed statements of economic interests may impose on an individual a fine for any statement that is filed late. The fine is $10 per day up to a maximum of $100. Late filing penalties may be reduced or waived under certain circumstances. Persons who fail to timely file their Form 700 may be referred to the FPPC's Enforcement Division (and, in some cases, to the Attorney General or district attorney) for investigation and possible prosecution. In addition to the late filing penalties, a fine of up to $5,000 per violation may be imposed. For assistance concerning reporting. prohibitions, and restrictions under the Act, • Email questions to advice@fppe.ca.gov. • Call the FPPC toll -free at (866) 275-3772. Form 700 is a Public Document Public Access Must Be Provided Statements of Economic Interests are public documents. The filing officer must permit any member of the public to inspect and receive a copy of any statement. • Statements must be available as soon as possible during the agency's regular business hours, but in any event not later than the second business day after the statement is received. Access to the Form 700 is not subject to the Public Records Act procedures. • No conditions may be placed on persons seeking access to the forms. • No information or identification may be required from persons seeking access. • Reproduction fees of no more than 10 cents per page may be charged. FPPC Form 70012018/2019) FPPC Advice Email: adrireLJ)fppc.ca. gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Page - 19 Questions and Answers General Q. What is the reporting period for disclosing interests on an assuming office statement or a candidate statement? A. On an assuming office statement, disclose all reportable investments, interests in real property, and business positions held on the date you assumed office. In addition, you must disclose income (including loans, gifts and travel payments) received during the 12 months prior to the date you assumed office. On a candidate statement, disclose all reportable investments, interests in real property, and business positions held on the date you file your declaration of candidacy. You must also disclose income (including loans, gifts and travel payments) received during the 12 months prior to the date you file your declaration of candidacy. Q. I hold two other board positions in addition to my position with the county. Must I file three statements of economic interests? A. Yes, three are required. However, you may complete one statement listing the county and the two boards on the Cover Page or an attachment as the agencies for which you will be filing. Report your economic interests using the largest jurisdiction and highest disclosure requirements assigned to you by the three agencies. Make two copies of the entire statement before signing it, sign each copy with an original signature, and distribute one original to the county and to each of the two boards. Remember to complete separate statements for positions that you leave or assume during the year. Q. I am a department head who recently began acting as city manager. Should I file as the city manager? A. Yes. File an assuming office statement as city manager. Persons serving as "acting," "interim," or "alternate" must file as if they hold the position because they are or may be performing the duties of the position. Q. My spouse and I are currently separated and in the process of obtaining a divorce. Must I still report my spouse's income, investments, and interests in real property? A. Yes. A public official must continue to report a spouse's economic interests until such time as dissolution of marriage proceedings is final. However, if a separate property agreement has been reached prior to that time, your estranged spouse's income may not have to be reported. Contact the FPPC for more information. Q. As a designated employee, I left one state agency to work for another state agency. Must I file a leaving office statement? A. Yes. You may also need to file an assuming office statement for the new agency. Investment Disclosure Q. i have an investment interest in shares of stock in a company that does not have an office in my jurisdiction. Must I still disclose my investment interest in this company? A. Probably. The definition of "doing business in the jurisdiction" is not limited to whether the business has an office or physical location in your jurisdiction. (See Reference Pamphlet, page 13.) Q. My spouse and I have a living trust. The trust holds rental property in my jurisdiction, our primary residence, and investments in diversified mutual funds. I have full disclosure. How is this trust disclosed? A. Disclose the name of the trust, the rental property and its income on Schedule A-2. Your primary residence and investments in diversified mutual funds registered with the SEC are not reportable. Q. I am required to report all investments. I have an IRA that contains stocks through an account managed by a brokerage firm. Must I disclose these stocks even though they are held in an IRA and I did not decide which stocks to purchase? A. Yes. Disclose an Schedule A-1 orA-2 any stock worth $2,000 or more in a business entity located in or doing business in your jurisdiction. ❑. The value of my stock changed during the reporting period. How do I report the value of the stock? A. You are required to report the highest value that the stock reached during the reporting period. You may use your monthly statements to determine the highest value. You may also use the entity's website to determine the highest value. You are encouraged to keep a record of where you found the reported value. Note that for an assuming office statement, you must report the value of the stock on the date you assumed office. FPPC Form 700 (2019/2019) FP PC Advice Email: advice@fppc.ca. " FPPC ToII-Free Helpline: 866/275-3772 www.fppc.ca.gov Page - 20 Questions and Answers Continued Q. I am the sole owner of my business, an S-Corporation. I believe that the nature of the business is such that it cannot be said to have any "fair market value" because it has no assets. I operate the corporation under an agreement with a large insurance company. My contract does not have resale value because of its nature as a personal services contract. Must I report the fair market value for my business on Schedule A-2 of the Form 700? A. Yes. Even if there are no tangible assets, intangible assets, such as relationships with companies and clients are commonly sold to qualified professionals. The "fair market value" is often quantified For other purposes. such as marital dissolutions or estate planning. In addition, the IRS presumes that "personal services corporations" have a fair market value. A professional "book of business" and the associated goodwill that generates income are not without a determinable value. The Form 700 does not require a precise fair market value; it is only necessary to check a box indicating the broad range within which the value falls. Q. We have a Section 529 account set up to save money for our son's college education. Is this reportable? A. If the Section 529 account contains reportable interests (e.g., common stock valued at $2,000 or more), those interests are reportable (not the actual Section 529 account). If the account contains solely mutual funds, then nothing is reported. Income Disclosure 0. 1 reported a business entity on Schedule A-2. Clients of my business are located in several states. Must 1 report all clients from whom my pro rata share of income is $10,000 or more on Schedule A-2, Part 3? A. No, only the clients located in or doing business on a regular basis in your jurisdiction must be disclosed. Q. I believe 1 am not required to disclose the names of clients from whom my pro rata share of income is $10,000 or more on Schedule A-2 because of their right to privacy. Is there an exception for reporting clients' names? Q. I own stock in IBM and must report this investment A. on Schedule A-1. I initially purchased this stock in the early 1990s, however, I am constantly buying and selling shares. Must I note these dates in the "Acquired" and "Disposed' fields? A. No. You must only report dates in the "Acquired" or "Disposed" fields when, during the reporting period, you initially purchase a reportable investment worth $2,000 or more or when you dispose of the entire investment. You are not required to track the partial trading of an investment- Q. On last year's filing I reported stock in Encoe valued at $2,000 - $10,000. Late last year the value of this stock fell below and remains at less than $2,000. How should this be reported on this year's statement? A. You are not required to report an investment if the value was less than $2,000 during the entire reporting period. However, because a disposed date is not required for stocks that fall below $2,000, you may want to report the stock and note in the "comments" section that the value fell below $2,000. This would be for informational purposes only; it is not a requirement. Regulation 18740 provides a procedure for requesting an exemption to allow a client's name not to be disclosed if disclosure of the name would violate a legally recognized privilege under California or Federal law. This regulation may be obtained from our website at wvvw.fppc.ca.gov. (See Reference Pamphlet, page 14.) Q. I am sole owner of a private law practice that is not reportable based on my limited disclosure category. However, some of the sources of income to my law practice are from reportable sources. Do I have to disclose this income? A. Yes, even though the law practice is not reportable. reportable sources of income to the law practice of $10,000 or more must be disclosed. This information would be disclosed on Schedule C with a note in the "comments" section indicating that the business entity is not a reportable investment. The note would be for informational purposes only; it is not a requirement. FPPC Form 700 (2019/2019) FPPC Advice Email: advice@fppc.ca.gov FP PC Toll -Free Help line! 866/275.377Z w Jppc.ca. gov Page - 21 Questions and Answers Continued Q. I am the sole owner of my business. Where do I disclose my income - on Schedule A-2 or Schedule C? A. Sources of income to a business in which you have an ownership interest of 10% or greater are disclosed on Schedule A-2. (See Reference Pamphlet. page 8.) Q. My husband is a partner in a four -person firm where all of his business is based on his own billings and collections from various clients. How do I report my community property interest in this business and the income generated in this manner? A. If your husband's investment in the firm is 10% or greater, disclose 100% of his share of the business on Schedule A-2, Part 1 and 50% of his income on Schedule A-2, Parts 2 and 3. For example, a client of your husband's must be a source of at least $20,000 during the reporting period before the client's name is reported. Q. How do I disclose my spouse's or registered domestic partner's salary? A. Report the name of the employer as a source of income on Schedule C. Q. I am a doctor. For purposes of reporting $10.000 sources of income on Schedule A-2, Part 3, are the patients or their insurance carriers considered sources of income? A. if your patients exercise sufficient control by selecting you instead of other doctors, then your patients, rather than their insurance carriers, are sources of income to you. (See Reference Pamphlet, page 14.) Q. I received a loan from my grandfather to purchase my home. Is this loan reportable? A. No. Loans received from family members are not reportable. Q. Many years ago, I loaned my parents several thousand dollars, which they paid hack this year. Do I need to report this loan repayment on my Form 700? A. No. Payments received on a loan made to a family member are not reportable. Real Properly Disclosure Q. During this reporting period we switched our principal place of residence into a rental. I have full disclosure and the property is located in my agency's jurisdiction, so it is now reportable. Because I have not reported this property before, do I need to show an "acquired" date? A. No, you are not required to show an "acquired" date because you previously owned the property. However, you may want to note in the "comments" section that the property was not previously reported because it was used exclusively as your residence. This would be for informational purposes only; it is not a requirement. Q. I am a city manager, and I own a rental property located in an adjacent city, but one mile from the city limit. ❑o I need to report this property interest? A. Yes. You are required to report this property because it is located within 2 miles of the boundaries of the city you manage. Q. Must I report a home that I own as a personal residence for my daughter? A. You are not required to disclose a home used as a personal residence for a family member unless you receive Income from it, such as rental income. ❑. I am a co-signer on a loan for a rental property owned by a friend. Since I am listed on the deed of trust, d❑ I need to report my friend's property as an interest in real property on my Form 700? A. No. Simply being a co-signer on a loan for property does not create a reportable interest in real property for you. Gift Disclosure ❑. If I received a reportable gift of two tickets to a concert valued at $100 each, but gave the tickets to a friend because I could not attend the concert, do I have any reporting obligations? A. Yes. Since you accepted the gift and exercised discretion and control of the use of the tickets, you must disclose the gift on Schedule D. FPPCFor m 700(2018/2019) FPPC Advice Email: advlce@fppc.ca.gov FPPC7olI-Free Helpline! 866/275.3772 www.fppc.ca.gov Page - 22 Questions and Answers Continued ❑- Julia and Jared Benson. a married couple, want to give a piece of artwork to a county supervisor. Is each spouse considered a separate source for purposes of the gift limit and disclosure? A. Yes, each spouse may make a gift valued at the gift limit during a calendar year. For example, during 2018 the gift limit was $470, so the Bensons may have given the supervisor artwork valued at no more than $940. The supervisor must identify Jared and Julia Benson as the sources of the gift. Q. I am a Form 700 filer with full disclosure. Our agency holds a holiday raffle to raise funds for a local charity. I bought $10 worth of raffle tickets and won a gift basket valued at $120. The gift basket was donated by Doug Brewer, a citizen in our city- At the same event. I bought raffle tickets for, and won a quilt valued at $70. The quilt was donated by a coworker. Are these reportable gifts? A. Because the gift basket was donated by an outside source (not an agency employee), you have received a reportable gift valued at $110 (the value of the basket less the consideration paid). The source of the gift is Doug Brewer and the agency is disclosed as the intermediary. Because the quilt was donated by an employee of your agency. it is not a reportable gift- Q. My agency is responsible for disbursing grants. An applicant (501(c)(3) organization) met with agency employees to present its application. At this meeting. the applicant provided food and beverages- Would the food and beverages be considered gifts to the employees? These employees are designated in our agency's conflict of interest code and the applicant is a reportable source of income under the code. A. Yes. if the value of the food and beverages consumed by any one filer, plus any other gifts received from the same source during the reporting period total $50 or more, the food and beverages would be reported using the fair market value and would be subject to the gift limit_ Q. I received free admission to an educational conference related to my official duties- Part of the conference fees included a round of golf. Is the value of the golf considered informational material? A. No. The value of personal benefits, such as golf, attendance at a concert, or sporting event, are gifts subject to reporting and limits. FPPC Ff)rm 70012019/2019) FPPC Advice Email: advkce@fppc-ra.gov FPPC TalVFree Hefpifne: 866t275-3772 w w.fppc.ca.gov Page - 23 SECTION 7 � Conflicts of Interest p HANDBOOK Summary of the Major Provisions and Requirements **4 of Principal Conflicts of Interest Laws and Regulations changes effective Table of Contents Page No. I. LAWS AND REGULATIONS AFFECTING DECISION-MAKING...........................................1 A. The Political Reform Act.........................................................................................1 1. Disclosure Requirements under the Political ReformAct..................................................................................................2 2. Conflicts of Interest under the Political Reform Act...............................4 3. The FPPC's Test for Analyzing Conflicts of Interest.................................5 4. Abstention................................................................ ....23 5. Penalties for Violation..............................................................................24 5. Seeking Advice on Conflict of Interest Questions................................24 B. Government Code Section 1090.......................................................................25 1, Three Principal Components of Section 1090............... 2. Exceptions to Section 1090......................................................................30 3. A Contract Made in Violation of Section 1090 is Void and Officials Violating Section 1090 Are Subject to SeverePenalties........................................................................................32 4. Aiding and Abetting Section 1090 Violations.......................................32 5. Seeking FPPC Advice on Section 1090..................................................32 b. Statute of Limitations for Section 1090 Violations.................................33 C. Common Law Doctrine against Conflicts of Interest......................................33 II. OTHER SPECIALIZED CONFLICTS OF INTEREST LAWS AND REGULATIONS...................................................................................................................35 A. Doctrine against Holding Incompatible Offices..............................................35 1. The Common Law Doctrine against Holding Incompatible Offices..............................................................................35 2. The Statutory Codification of the Common Law Doctrine of Incompatible Offices - Government Code Section1099............................................................................................37 B. Incompatible Outside Activities.........................................................................38 C. Successor Agency and Oversight Board Conflicts..........................................38 1. Form 700s for Successor Agency and Oversight Board Members....................................................................................................38 Summary of Principal Conflicts of Interest Laws and Regulations Page i O 2019 Richards. Watson & Gershon 2280385 Table of Contents 2. Obligation of Successor Agencies to Adopt Conflict ofInterest Codes......................................................................................39 3. City Councils are the Code Reviewing Bodies for the Successor Agency's Conflict of Interest Code. .................................... 40 4. The City Council May Designate the City Clerk as the Filing Officer for the Successor Agency's Statements ofEconomic Interests. .................. ........................................................... 40 D. Discount Passes on Common Carriers...............................................................41 E. Conflicts upon Leaving Office - the "Revolving Door"...................................42 F. Laws Prohibiting Bribery .......................................................................................43 G. Campaign Contributions.....................................................................................44 1. Conflicts of Interests Arising on Appointed Boards and Commissions..............................................................................................44 2. Application of Federal Corruption Laws to the Offer or Solicitation of Illegal Campaign Contributions Tied to anOfficial Act...........................................................................................45 3. Ban on Local Agency Officials and Employees Soliciting Campaign Contributions from Officials and Employees of the Some Agency............................................................46 4. Nepotism.. ............................................................ ..................................... 46 III. LAWS AND REGULATIONS AFFECTING RECEIPT OF GIFTS, HONORARIAAND LOANS...................................................................I............................48 A. Limitations on Receipt of Gifts............................................................................48 1. General Gift Limitation.............................................................................48 2. Biennial Gift Limit Adjustment.................................................................48 3. Exceptions to Gifts....................................................................................49 4. Gifts to an Agency...................................................................................53 5. Gifts to an Official's Family......................................................................54 6. Invitation -Only Events...............................................................................55 7. Tickets to Political and Charitable Fundraisers ........ .............................56 8. Tickets and Passes to Events...................................................................57 9. Gifts from a Government Agency to on Official in That Agency......................................................................................................59 10. Wedding Gifts...........................................................................................59 11. Certain Gifts of Travel... ............................................................................ 59 B. Prohibitions on Receipt of Honoraria.................................................................64 Summary of Principal Conflicts of Interest Laws and Regulations Page ii © 2019 Richards, Watson & Gershon 2280385 Table of Contents 1. Exceptions to the Prohibition on Honoraria..........................................64 C. Prohibitions on Receipt of Certain Types of Loans ........................................... 65 1 . Prohibition on Loans Exceeding $250 from Other City Officials, Employees. Consultants and Contractors ............................65 1 Requirement for Loans of $500 or More from Other Persons and Entities to Be in Writing.......................................................66 3. Exceptions to Loan Limits and Documentation Requirements............................................................................................66 4. Loans that Become Gifts are Subject to the Gift Prohibition... ............................ .................................................................. 66 5. Exceptions --- Loans that Do Not Become Gifts.....................................67 IV. PROHIBITION AGAINST MASS MAILINGS.........................................................................68 A. Test for Prohibited Mass Mailing..........................................................................68 1. Delivery of Tangible Item.........................................................................68 2. Features or Includes Reference to an Elected Official .......................69 3. Public Expense .................................. ........................................................ 69 4. More than 200 Copies of the Item.........................................................70 B. Exceptions to the Mass Mailing Prohibition.......................................................70 V. EXPENDITURES TO SUPPORT OR DEFEAT A BALLOT MEASURE......................................71 VI. PROHIBITION ON GIFTS OF PUBLIC FUNDS......................................................................75 VII. CONCLUSION....................................................................................................................76 Summary of Principol Conflicts of Interest Laws and Regulations Page iii © 2019 Richards, Watson & Gershon 2280385 INTRODUCTION This Handbook is prepared to provide you with a summary of the major provisions of California's principal conflicts of interest laws and regulations. The text of the laws and regulations referenced in this Handbook can be found on the websites for the California Legislature(http://Ieginfo.legislature.co.gcv/faces/codes.xhtml) and the Fair Political Practices Commission j"FPPC"j (http://www.fppc.co.gov/the-law.html). This Handbook is designed to familiarize city officials and staff with California's principal conflicts of interest laws and regulations. Because the laws and regulations change frequently, we recommend that you use this Handbook to become familiar with the basic principles of the conflict laws and regulations, but we also recommend that you contact your City Attorney as soon as you think that you may have a potential conflict of interest. We would be glad to help you analyze a potential conflict of interest and/or contact the FPPC for guidance. We hope you find this Handbook useful. Should you have any questions about the information included in this Handbook, please do not hesitate to contact us. Richards, Watson & Gershon Summary of Principal Conflicts of interest Laws and Regulations Page iv (D 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal conflicts of Interest Laws and Regulations //RWG Summary of Principal Conflicts of Interest Laws and Regulations © 2019 Richards. Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations I. LAWS AND REGULATIONS AFFECTING DECISION -MAKING A. The Political Reform Act In 1974, California voters approved Proposition 9, a statewide initiative titled "the Political Reform Act" (the "Act" or the "PRA"). Gov't Code § 81000 et seq.' At the time, the measure was the most detailed disclosure law in the nation, and it included new requirements for reporting campaign and lobbying activities. Although the Act was initially written before the Watergate scandal broke, by the time Proposition 9 appeared on the ballot, the drama had unfolded, and nationwide reform proposals were being drafted. The Act passed by an overwhelming majority, and one of its provisions created a new state agency called the Fair Political Practices Commission ("FPPC"). The FPPC was charged with interpreting and enforcing the Act, and pursuant to this authority, the agency drafted a series of regulations. Since the Act went into effect in 1975, the FPPC has issued new regulations and amendments to existing regulations almost every year. The Act covers numerous topics germane to ethical behavior in public office —financial data reporting obligations, lobbying restrictions, required campaign disclosures, limitations on campaign financing, proscriptions on mass mailings, restrictions on gifts and honoraria, and most significantly, prohibitions on conflicts of interest in the making of governmental decisions. The Act also contains reporting procedures for financial interests and campaign contributions, as well as disqualification requirements when certain financial interests or campaign contribution standards are satisfied. Please note that this Handbook is general in nature and may not cover all aspects of an actual conflicts of interest issue. Thus, it is not intended to constitute advice on specific conflicts of interest questions. In the event you have concerns about a possible conflict of interest, you should contact your city attorney or agency counsel for further advice. All statutory references are to the California Government Code unless otherwise indicated. Regulations of the FPPC are referred to as "Regulation." summary of Principal Conflicts of Interest Laws and Regulations Page 1 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 1. Disclosure Requirements under the Political Reform Act a. Statements of Economic interests The Act requires public officials to disclose assets and income that may be materially affected by their officiaf actions by filing a "Statement of Economic Interests" (also known as a "Form 700") . § 87202, Regulation 18115. The requirement applies to council members, judges, elected state officers, members of planning commissions, members of boards of supervisors, district attorneys, county counsels, city managers, city attorneys, city treasurers and other public officials who manage public investments, and to candidates for any of these offices at any election. § 87200. Officials must file the Form 700 within 30 days after assuming office, and candidates must file no later than the final filing date of a declaration of candidacy. §§ 87201-02. An official must file annually thereafter until he or she leaves office, at which point he or she must file a final statement. §§ 87202-03. The required disclosures on the Form 700 include: • Investments in business entities (e.g., stock holdings, owning a business, a partnership) that are located or do business in the jurisdiction; ■ Interests in real estate (real property) in the jurisdiction, but not including the official's home address, • Sources of personal income,2 including gifts, loans and travel payments;3 and ■ Positions of management or employment with business entities that do business in the jurisdiction. § 87203. If the official no longer holds certain investments and real property interests at the time of filing, but held them during the 12 months prior to filing, he or she must still disclose those interests on the Form 700, Id. The Form 700 is a public document open to inspection and duplication. For public officials not covered by the requirements of Section 87203, including employees of state and local government agencies, it is up to the agencies that employ them to decide what their disclosure requirements are, Each state and local agency must adopt a conflicts of interest code tailoring the disclosure requirements for each position within the agency to the types of governmental decisions a person holding that position would make. For example, an employee who approves contracts for goods or services purchased by his or her agency would not be required to disclose 2 In some instances, an official may need to disclose the sources of income to a business entity in which the official has an ownership interest if the official owns at least 10 percent of a business. In that case, the official would be required to disciose a source of income to the business as a source of income to the official if the official's pro rato share of gross receipts from that source exceeds $10,Q00 in aggregate during the reporting period. § 87207(bj. In those cases, the official must report the name, address, and a general description of the business activity of the business entity, as well as the name of the source of income that aggregates to $10,000 or more. 3 As of January 1, 2016, if an official receives a gift that is a travel payment, advance, or reimbursement valued at $50 or more, the official must also disclose the travel destination. § 67207(a)(4), summary of Principal Conflicts of Interest Laws and Regulations Page 2 QQ 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations real estate interests, but would be required to disclose investments in and income from individuals and entities that supply equipment, materials, or services to the agency. §§ 87301-02. A city that maintains an internet website must post ❑ list of the elected officers who file a Form 700 with that city. A statement must also be posted on the website indicating that these Form 700s may be obtained by visiting the FPPC office or the city clerk's office. The statement must include the physical address for both the FPPC and the city clerk's office. Finally, a link to the FPPC website must be posted with a statement that indicates that Form 700 "for some state and local government agency elected officers may be available in electronic format" on the FPPC's internet website. § 87505. In 2013, the Legislature enacted Assembly Bill 409, which allows the FPPC and local agencies to develop an online system for filing Form 700s. Only a limited number of public agencies have received FPPC approval to establish an electronic filing system at this point. If a local agency elects to establish such a system, filers must submit their Form 700 electronically. § 87500.2. b. Behested Payments There are also disclosure requirements for certain fundraising activities that elected officials perform for others, including in their capacity as employees or board members of nonprofit organizations. Elected officials who successfully solicit one or more contributions for "legislative, governmental, or charitable purposes" that equal or exceed $5,000 in the aggregate from the same source during a single calendar year must file ❑ report with the official's agency (typically the city clerk) within 30 days of reaching the $5,000 threshold. § 84224(a). The report must contain the following information: / The contributor's name and address; The amount of the contribution; The date or dates on which the payments were made; The name and address of the contribution recipient; If goods or services were contributed, a description of those goods and services, and A description of the purpose or event for which the contribution was used. The statute does not define the term "legislative, governmental, or charitable purposes," but charitable purposes typically involve 501(c) (3) organizations. Examples of "governmental" purposes include fundraising for ❑ new city hall roof, an inaugural celebration committee,4 litigation expenses,5 a breakfast honoring public safety Sutton Advice Letter, No. A-05-256, 2005 WL 3693740 (2005). s 5toen Advice Letter, No, A-03-185, 2004 WL 334564 (2004) (district attorney's expenses in suing a privote company when governing body withdrew funding for effort). Summary of Principal Conflicts of Interest Laws and Regulations Page 3 0 2019 Richards. Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations personnel ,6 and youth conferences.' The term "legislative purpose," in turn, refers to a 1996 PPPC opinion in which a state senator asked a private party to pay for a witness' airfare and expenses to testify at a legislative he❑ring.8 These reporting requirements also apply if the payment is "made at the behest of" the elected officer, even if the officer did not actively solicit contributions. §§ 82004.5, 82041.3. A payment is "made at the behest of" an elected officer when it is made "under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express, prior consent of." Id. This disclosure requirement does not apply to a behested payment made by a local, state, or federal governmental agency for ❑ principally legislative or governmental purpose. § 84224(b) (4). 2. Conflicts of Interest under the Political Reform Act In addition to the disclosure requirements, the Act requires public officials to disqualify themselves from making, participating in making, or in any way attempting to use their official position to influence a governmental decision in which they know or have reason to know they have a financial interest. § 87100; Regulation 18700. An official has a disqualifying financial interest in ❑ decision if the decision will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, directly on the official or a member of the official's immediate family, or on certain listed financial interests. The listed financial interests are: • Any business entity in which the public official has a direct or indirect investment worth $2,000 or more. Any real property in which the public official has a direct or indirect interest worth $2,000 or more. ■ Any source of income, including commission income or incentive income, aggregating to at least $500 within 12 months prior to the time when the decision is made. The $500 must be provided or promised to, or received by, the official during the 12 months before the decision. ■ Any business entity (excluding nonprofit corporations) in which the public official is a director, officer, partner, trustee, employee, or holds any position of management. • Any donor of, or any intermediary or agent for ❑ donor of, a gift or gifts aggregating $500 or more in value provided to, received by, or promised to the public official within 12 months prior to the time when the decision is made. ° Gallegos Advice Letter, No. A-00-059, 2000 WL 311529 (2000) - Gallegos Advice Letter, No. A-98-192, 1998 WL 671296 (19981. e 5chmidt Advice Letter, No. A-96-D98, 1996 WL 779579 (1996). Summary of Principal Conflicts of Interest Laws and Regulations Page 4 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations § 87103; Regulations 18700 and 18940.2. The FPPC regulations interpret and provide guidance for most of the terms used in the Act. The FPPC also provides standards for determining if each element of the Act's prohibitions has been satisfied. 3. The FPPC's Test for Analyzing Conflicts of Interest In the past few years, the FPPC has reorganized and revised the conflict of interest regulations in a comprehensive manner. Under the old regulations, a public official was advised to follow an eight -part test to analyze a potential conflict of interest. The newfy revised regulations establish a new four-part test, as stated in Regulation 18700(d). The new FPPC four-part test assumes that an official already has determined whether he or she is a public official within the meaning of the Act. The new test also assumes that the official has identified the financial interests that may be affected by a particular governmental decision. Since these two steps are necessary for a complete analysis, we recommend that public officials follow the seven steps described below, which incorporate these two initial steps as well as the FPPC's new four-part test. STEP ONE: IS A PUBLIC OFFICIAL INVOLVED? Determine whether the individual is a public official within the meaning of the Act, The Act applies only to "public officials." Regulation 18700(b). A "public official" is defined to include a "member, officer, employee, or consultant" of a state or local government agency. § 82048, Regulation 18700(c). The regulations define "member" and "consultant" as follows: A "member" does not include an individual who performs duties as part of a committee, board, commission, group, or other body that does not have decision -making authority. A board or commission possesses decision -making authority if; (i) it may make a final governmental decision, (ii) it may compel or prevent a governmental decision by reason of an exclusive power to initiate the decision or by reason of a veto that may not be overridden, or (iii) it makes substantive recommendations, which, over an extended period of time, have been regularly approved without significant amendment or modification by another official or agency. Regulation 18700(c) (2). + A "consultant�' includes an individual who, pursuant to a contract with a state or local government agency, makes specific kinds of governmental 4 For more an who constitutes a "consultant" subject to the Act, see, e.g., Ennis Advice Letter, FPPC No. A-15-006, 2015 WL 1781 144 (2015). Summary of Principal Conflicts of Interest Laws and Regulations Page 5 @) 2019 Richards, Watson & Gershon 2280385 of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Requlations decisions or serves in a staff capacity with the agency and either participates in governmental decisions or performs the some or substantially all of the some duties that would otherwise be performed by a person in a position listed in the agency's conflict of interest code. Regulation 18700.3. STEP TWO: WHAT ARE THE PUBLIC OFFICIAL'S FINANCIAL INTERESTS? Identify the public official's financial interests. A public official's financial interests include certain business entities, real property, sources of income, and donors of gifts (as well as intermediaries and agents of such donors). Regulation 18700(c)(6). More specifically, a public official has a financial interest in any of the following: • A business entity in which the official has a direct or indirect investment worth at least $2,000.11) (Mote: In certain situations, this can include a parent,'' subsidiary,12 or otherwise related13 business entity.14) • Any real property in which the public official has ❑ direct or indirect interest worth at least $2,000.15 Real property interests include all leases except month -to -month leases and leases with terms shorter than a month. Regulation 18233. • Any "source of income" of at least $500 that is provided or promised to the public official, or received by the public official within 12 months prior 10 The FPPC has determined that membership in a county club is a financial interest in the club as a business entity when the membership is transferrable and can be resold for profit or loss. Gee Advice Letter, FPPC No. A-17-249, 2018 WL 723401 (2018), V A business entity is a "parent" if it is a corporation that controls more than 50 percent of the voting stock of another corporation; the parent corporation is also a parent to any subsidiaries of the corporation that it controls. Regulation 18700.2 (bj(i). 12 A business entity is a "subsidiary" if it is a corporation whose voting stock is more than 50 percent controlled by another corporation; the subsidiary corporation is also a subsidiary to any corporation that controls its parent corporation. Regulation 18700.2 (b) (2). 13 Business entities, other than a parent corporation, are "otherwise related" if (i I the same person or persons together direct or control each business entity, or (2) the same person or persons together have a 50 percent or greater ownership interest in each business entity, Regulation 18700.2 (b)(3). 14 An official with a financial interest in a business entity also has an interest in a parent or subsidiary of the business entity or an otherwise related business entity, unless (1) the official's only interest is that of a shareholder and the official is a passive shareholder with less than 5 percent of the shares of the corporation, and (2) the parent corporation is required to file annual Form 10-K or 20-F Reports with the Securities and Exchange Commission and has not identified the subsidiary on those forms or its annual report. Regulation 18700.2 (cI-(d). 15 The FPPC has determined that membership in a country club is a financial interest in real property when the member would be entitled to a proportionate share of the value of the club's assets if the club were dissolved. Gee Advice Letter, FPPC No. A-17-249, 2018 WL 723401 (20181. summary of Principal Conflicts of Interest laws and Regulations Page 6 © 2019 Richards, Watson & Gershon 2280385 summary of the Major Provisions and Requirements of Principal Conflicts of interest Laws and Regulations to a governmental decision, not including gifts and loans by banks available to the general public. Income is "promised to" the official if he or she has ❑ "legally enforceable right to the promised income." Regulation 18700(c) (6) (C). The term "source of income" may include individuals, organizations, and businesses. If the "source of income" is a business that provides or promises the official at least $500 within 12 months prior to a governmental decision, the official also has a source -of - income interest in: (1) any individual owning at least a 50 percent interest in that business, and (2) any individual who has the power to direct or cause the direction of management and policies of the business. Regulation 18700.1(a) (2). ■ Any business entity in which the public official is a director, officer, partner, trustee, or employee, or holds any position of management. (Note: Again, this may include a parent, subsidiary, or otherwise related businesses entity.) • Any donor of gifts, or any intermediary or agent for a donor of gifts, amounting to at least $500 where that amount is provided to, received by, or promised to the official in the 12 months prior to a governmental decision. Regulation 18700(c) (6) (E). • The personal finances of the public official and immediate family. This is a sort of "catch-aW' provision that is meant to address economic interests of a public official and his or her immediate family that do not qualify as investments, property, or business entities, but are nonetheless potentially affected by government decisions. §§ 82047, 87103, Regulations 18700, 18940.2. The terms "indirect investment" and "indirect interest" are used to indicate investments and interests owned by the spouse or dependent child of the public official, an agent of the public official, or a business entity in which the official, or his or her agent's spouse, or dependent children, has at least a ten percent ownership interest. Regulation 18700(c) (6) (F). Summary of Principal Conflicts of Interest Laws and Regulations Page 7 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Lows and Regulations STEP THREE: IS IT REASONABLY FORESEEABLE THAT THE GOVERNMENTAL DECISION WILL HAVE A FINANCIAL EFFECT ON ANY OF THE OFFICIAL'S FINANCIAL INTERESTS? Determine whether the governmental decision will have a reasonably foreseeable financial effect on any of the public official's financial interests. Regulation 18701 draws a distinction between a financial interest that is "explicifly Involved" in a decision, on the one hand, and a financial interest that is not "explicitly involved" in a decision, on the other hand. Financial interests are considered to be explicitly involved in a decision if the interest is a "named party in, or the subject of, a governmental decision before the official or the official's agency." Regulation 18701(a). A financial interest is the "subject" of a proceeding "if the decision involves the issuance, renewal, approval, denial or revocation of any license, permit, or other entitlement to, or contract with the financial interest, and includes any governmental decision affecting a real property financial interest as described in Regulation 18702.2(a) (1 ) - (6) ." Regulation 18701(a). In those cases, the financial effect is presumed to be reasonably foreseeable. Even if a financial interest is not explicitly involved in a decision, the effect may still be considered reasonably foreseeable. Regulation 18701 states that a financial effect need not be "likely" to be considered "reasonably foreseeable" for purposes of the FPPC's regulations. If the financial effect can be "recognized as a realistic possibility" and if the effect is "more than hypothetical or theoretical," if will be considered reasonably foreseeable. Regulation 18701 (b). The financial effect will not be considered reasonably foreseeable if the "the financial result cannot be expected absent extraordinary circumstances" that are not subject to the official's control. The FPPC also provides the following list of non-exclusive factors that should be considered when determining whether a governmental decision will have a reasonably foreseeable effect on a financial interest that is not explicitly involved in the decision: The extent to which the occurrence of the financial effect is contingent upon intervening events, not including future governmental decisions by the official's agency, or any other agency appointed by or subject to the budgetary control of the official's agency. Summary of Principal Conflicts of Interest Laws and Regulations Page 8 © 2019 Richards. Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Whether the public official should anticipate ❑ financial effect on his or her financial interest as a potential outcome under normal circumstances when using appropriate due diligence and care. Whether the public official has ❑ financial interest that is of the type that would typically be affected by the terms of the governmental decision or whether the governmental decision is of the type that would be expected to have ❑ financial effect on businesses and individuals similarly situated to those businesses and individuals in which the public official has a financial interest. = Whether a reasonable inference can be made that the Financial effects of the governmental decision on the public official's financial interest might compromise a public official's ability to act in a manner consistent with his or her duty to act in the best interests of the public. • Whether the governmental decision will provide or deny an opportunity, or create an advantage or disadvantage for one of the official's financial interests, including whether the financial interest may be entitled to compete or be eligible for a benefit resulting from the decision. Whether the public official has the type of financial interest that would cause a similarly situated person to weigh the advantages and disadvantages of the governmental decision on his or her financial interest in formulating a position, Possession of a real estate, brokerage license, or other professional license does not automatically constitute a reasonably foreseeable effect on the official's financial interest. Regulation 18701.1. The official's likely business activity must be considered to determine whether the governmental decision will have a reasonably foreseeable effect on one of the official's financial interests. If it is not reasonably foreseeable that the governmental decision will have a financial effect on any of the official's financial interests, there is no conflict under the Act. If it is determined that it is reasonably foreseeable that the governmental decision will have ❑ financial effect, however, the official must determine whether the effect is material. Summary of Principal Conflicts of Interest Laws and Regulations Page 9 rJ 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations STEP FOUR: WILL THE REASONABLY FORESEEABLE EFFECT BE MATERIAL? Determine whether the reasonably foreseeable financial effect will be material. If the effect is "nominal, inconsequential, or insignificant," the financial effect will not be considered material. Regulation 18702(b). Otherwise, however, the provisions in Regulations 18702.1 through 18702.5 determine - for each type of financial interest - whether the effect is material. Regulation 18702(a). o. Business Entities Regulation 18702.1 provides that the reasonably foreseeable effect of ❑ decision on a business entity in which the official has an investment interest or holds an employment or management position is material whenever the business entity: • Initiates the proceeding in which the governmental decision will be made by filing an application, claim, appeal, or request for other government action concerning the business entity: • Offers to make a sale of ❑ service or a product to the official's agency; • Bids on or enters into a written contract with the official's agency; Is the named manufacturer in a purchase order of any product purchased by the official's agency or the sales provider of any products to the official's agency that aggregates to $1,000 or more in any 12- month period, - Applies for a permit, license, grant, tax credit, exception, variance, or other entitlement that the official's agency is authorized to issue; Is the subject of any inspection, action, or proceeding subject to the regulatory authority of the official's agency; or • Is otherwise subject to an action taken by the official's agency, the effect of which is directed solely at the business entity in which the official has an interest. For government decisions that are not specifically identified in the list above, the financial effect is material if if falls under the catch-all provision, In those instances, the effect is material if "a prudent person with sufficient information would find it is reasonably foreseeable that the decision's financial effect would contribute to a change in the price of the business entity's publicly traded stock, or the value of a Summary of Principal Conflicts of Interest Laws and Regulations Page 10 Q 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and privately -held business entity." Regulation 18702.1 ibj. Regulation 18702.1(b) includes a list of examples of these types of decisions, including when an agency makes a decision to: • Authorize, prohibit, regulate or otherwise establish conditions for an activity in which the business entity is engaged; Increase or decrease the amount of competition in the field in which the business entity is engaged; ■ Increase or decrease the need for the products or services that the business entity supplies; • Make improvements in the surrounding neighborhood such as redevelopment projects, traffic/road improvements, or parking changes that may affect, either temporarily or permanently, the amount of business the business entity receives; • Decide the location of a major development, entertainment facility, or other project that would increase or decrease the amount of business the entity draws from the location of the project; or • Increase or decrease the tax burden, debt, or financial or legal liability of the business entity. These materiality standards replace the previous materiality standards that determined materiality based on the size and type of the business entity. b. Real Pro P e - Modified "500-Foot Rule" and Other Criteria The new regulatory scheme largely replaces the traditional "500-foot" rule with an extensive list of criteria that must be analyzed to determine whether a decision will have a material financial effect on an official's real property interest.16 Regulation 18702.2. There are now eight materiality standards that must be evaluated when an official has an ownership interest in real property, and four materiality standards that must be evaluated when an official has ❑ leasehold interest in real property (i.e., as the lessee of the property). Regulation 18702.2 now provides that the reasonably foreseeable financial effect of a governmental decision on an official's real property economic interest, other than a leasehold interest, is material whenever the governmental decision: ■ Involves the adoption of or amendment to a development plan or criteria applying to the parcel; ly Recent amendments to Regulation 18702.2 were adopted by the FPPC on January 17. 2019, and the analysis in this section of the Handbook reflects these changes. The updated regulations will not take effect until they are reviewed by the Office of Administrative Low and the California Secretary of State. The FPPC website currently indicates that revised Regulation 18702.2 will become effective on March 22, 2019. Summary of Principal Conflicts of Interest Laws and Regulations Page 11 0 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulafions • Determines the parcel's zoning or rezoning, other than a zoning decision applicable to all properties designated in that category; annexation or de -annexation; inclusion in or exclusion from any city, county, district, or local government subdivision or other boundaries, other than elective district boundaries, • Would impose, repeal, or modify any taxes, fees, or assessments that apply to the parcel; ■ Authorizes the sale, purchase, or lease of the parcel; • Involves the issuance, denial or revocation of a license, permit or other land use entitlement authorizing a specific use of or improvement to the parcel or any variance that changes the permitted use of, or restrictions placed on, that real property; • Involves construction of, or improvements to, streets, water, sewer, storm drainage or similar facilities, and the parcel will receive new or improved services that provide a benefit or detriment disproportionate to other properties receiving the services; Involves property located 500 feet or less from the property line of the parcel unless there is clear and convincing evidence that the decision will not have any measurable impact on the official's property; or • involves property located more than 500 feet but less than 1,000 feet from the property line of the parcel, and the decision would change the parcel's: r Development potential; f Income producing potential; Highest and best use; Character by substantially altering traffic levels, intensity of use, parking, view, privacy, noise levels, or air quality; or Market value. Regulation 18702.2(b) clarifies that the financial effect of a governmental decision on a parcel of real property in which on official has an ownership interest is presumed not to be material whenever the governmental decision involves property located 1,000 feet or more from the property line of the official's property. This presumption may be rebutted, however, with clear and convincing evidence that the governmental decision would have ❑ substantial effect on the official's property. The FPPC has relaxed the rules with respect to real property economic interests that stem from having an ownership interest in the common area of a common interest Summary of Principal Conflicts of interest Laws and Regubtions Page 12 O 2019 Richards, Walson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of interest Laws and Regulations development. Previously, in addition to evaluating whether the decision concerned a project located within 500 feet of the public official's real property, it was necessary to evaluate whether the decision was within 500 feet of any homeowner association common area in which the official had an ownership interest. Now, Regulation 18702.2 excludes common areas in common interest developments from the definition of "real property" for the purpose of conducting a conflict of interest analysis. Thus, the proximity of homeowner association common areas to a project is no longer a factor in the conflict of interest analysis. With respect to an official's leasehold interests, i.e., where the official is the lessee of the property, Regulation 18702.2('c) now provides that the reasonably foreseeable financial effect of a governmental decision on an official's real property economic interest is material only if the governmental decision will; ■ Change the termination date of the lease; ■ Increase or decrease the potential rental value of the property, Change the official's actual or legally allowable use of the property; or Impact the official's use and enjoyment of the property. There are a few exceptions in Regulation 18702.2(d) by which the effect of a decision on an official's real property interest will not be considered material. The following decisions will not be considered to have a material effect on an official's real property interest: • The decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities. ■ The decision solely concerns the adoption or amendment of a general plan and all of the following apply: The decision only identifies planning objectives or is otherwise exclusively one of policy. A decision will not qualify under this subdivision if the decision is initiated by the public official, by a person that is a financial interest to the public official, or by a person representing either the public official or a financial interest to the public official. The decision requires a further decision or decisions by the public official's agency before implementing the planning or policy objectives, such as permitting, licensing, rezoning, or the approval of or change to a zoning variance, land use ordinance, or specific plan or its equivalent. The decision does not concern an identifiable parcel or parcels or development project. A decision does not "concern an identifiable parcel or parcels" solely because, in the proceeding before the Surrimory of Principal Conflicts of Interest Laws and Regulations Page 13 Q 2019 Richards, Watson & Gershon 2280385 5umMary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations agency in which the decision is made, the parcel or parcels are merely included in an area depicted on a map or diagram offered In connection with the decision, provided that the map or diagram depicts all parcels located within the agency's jurisdiction and the economic interests of the official are not singled out. The decision does not concern the agency's prior, concurrent, or subsequent approval of, or change to, a permit, license, zoning designation, zoning variance, land use ordinance, or specific plan or its equivalent. These rules replace the old "500-foot rule" that applied before 2014. Of special interest to many local public officials, these provisions appear to allow public officials to participate in most decisions relating to slurry sealing, asphalt paving, curb and sidewalk repairs, or tree replacement, even if the work occurs within 500 feet of their property, due to the exception for repairs and replacement of existing infrastructure. C. Sources of Income The FPPC regulations also provide materiality standards for sources of income. Regulation 18702.3. A "source of income," as discussed above, is any person from whom a public official has received at least $500 in the twelve months prior to the relevant governmental decision. Regulation 18700.1. A "person" includes individuals, organizations, and business entities. § 82047. The regulations provide that any reasonably foreseeable financial effect on an individual, organization, or business entity that is a source of income to an official is deemed material if the public official receives or is promised the income to achieve a goal or purpose that would be achieved, defeated, aided, or hindered by the governmental decision. Regulation 18702.3(c). This is known as the "Nexus" test. In addition to this general standard, the regulations provide further guidance that separately analyzes ❑ source of income depending on whether the income comes from the sale of goods or services or from the sale of personal or real property. Regulation 18702.3. If the income is received from the sale of goods or services in the ordinary course of business, a financial effect on a source of income is material if: ■ The source is a claimant, applicant, respondent, contracting party, or otherwise named or identified as the subject of the proceeding: ■ The source is an individual that will be financially affected under the standards applied to an official in Regulation 18702.5 (see Personal Finances below), or the official knows or has reason to know that the individual has an interest in a business entity or real property that will be financially affected under the standards applied to a financial interest in Regulation 18702.1 or 18702.2, respectively; Summary of Principal Conflicts of Interest Laws and Regulations Page 14 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Confticts of Interest tows and Regulations The source is a nonprofit that will receive a measurable financial benefit or loss, or the official knows or has reason to know that the nonprofit has an interest in real property that will be financially affected under the standards applied to a financial interest in Regulation 18702.2 (see Real Property - Modified "500-Foot Rule" and Other Criteria above); or The source is a business entity that will be financially affected under the standards as applied to a financial interest in Regulation 18702.1 (see Business Entities above) . Regulation 18702.3(a). If the source of income is the "claimant, applicant, respondent, contracting party, or ... otherwise named or identified as the subject of the proceeding," the financial effect will be deemed material, regardless of whether the source of income is an individual, ❑ nonprofit, or a business entity. If the source of income is not the "claimant, applicant. respondent, contracting party, or ... otherwise named or identified as the subject of the proceeding," the official will need to apply the other standards in Regulation 18702.3(a) (2) - (4), depending on whether the source of income is an individual, a nonprofit, or a business entity. If the income is from the sale of personal or real property belonging to either the official or the official's spouse, if the property is community property, the materiality of the financial effect will be determined as follows: ... the financial effect of the decision is material if the official knows or has reason to know that the source of income is a claimant, applicant, respondent, contracting party, or is otherwise named or identified as the subject of the proceeding, or has an interest in any business entity or real property that will be financially affected under the standards applied to a financial interest in Regulation 18702.1 or 18702.2. Regulation 18742.3(b). The regulation also includes additional provisions to help officials who receive income from retail sales of ❑ business entity in determining when a retail customer becomes a source of income. This new regulatory provision, which is intended to replace prior Regulation 18707.5, states: (d) Exception - Income from Retail Sakes of a Business Entity: For purposes of applying the exception under Section 87103.5, the retail customers of a business entity constitute a significant segment of the public generally if the business is open to the public and the customers comprise a broad base of persons representative of the jurisdiction as a whole and not confined to any specialized interest. Income from on individual customer is not distinguishable from the amount of income received from other customers when the official is unable to recognize ❑ significant monetary difference between the business provided by the individual customer and the general clientele of the business. An official is unable to recognize a significant monetary difference when either: Summary of Principal Conflicts of Interest Laws and Regulations Page 15 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest taws and Regulations (1) The business is of the type that soles to any one customer will not have a significant impact on the business' annual net sales; or (2) The business has no records that distinguish customers by amount of sales, and the official has no other information that the customer provides significantly more income to the business than an average customer. Regulation 18702.3(d). If you own 10 percent or more of a business entity that is engaged in the retail sale of goods or services, we recommend that you review this provision in order to determine whether individual retail customers will be considered sources of income to you for the purpose of analyzing conflicts under the Act. d. Sources of Gifts The FPPC regulations also provide materiality standards for sources of gifts. Regulation 18702.4. For the purpose of analyzing potential conflicts under the Political Reform Act, a donor becomes a "source of gifts" by providing a public official with gifts valued at $500 or more in the aggregate in the 12 months prior to a governmental decision. Regulations 18700(c) (6) (E), 18940.2. A person may also be a source of a gift by being an "intermediary or agent for a donor of" a similar gift. Regulation 18700(c) (6){E). Under the FPPC regulations, a financial effect on a source of a gift is material if: ■ The source is a claimant, applicant, respondent, contracting party, or otherwise named or identified as the subject of the proceeding; ■ The source is an individual that will be financial€y affected under the standards applied to an official in Regulation 18702.5 (see Personal Finances below), or the official knows or has reason to know that the individual has an interest in a business entity or real property that will be financially affected under the standards applied to a financial interest in Regulation 18702.1 or 18702.2, respectively; • The source is a nonprofit that will receive a measurable financial benefit or loss, or the official knows or has reason to know that the nonprofit has an interest in real property that will be financially affected under the standards applied to a financial interest in Regulation 18702.2 (see Real Property - Modified "500-Foot Rule" and Other Criteria above); or • The source is a business entity that will be financially affected under the standards as applied to a financial interest in Regulation 18702.1 (see Business Entities above). Regulation 18702.4. Like with sources of income, the analysis of materiality for sources of gifts may depend on whether the source is an individual, a nonprofit, or a business entity. If the source of a gift is the "claimant, applicant, respondent, contracting party, or ... otherwise named or identified as the subject of the proceeding," the financial Summary of Principal Conflicts of Interest taws and Regulations Page 16 Q 2019 Richards. Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal conflicts of Interest Laws and Regulations effect will be deemed material. regardless of whether the source is an individual, a nonprofit, or a business entity. If the source of a gift is not the "claimant, applicant, respondent, contracting party, or ... otherwise named or identified as the subject of the proceeding," the official will need to apply the other standards in Regulation 18702.4(b) - (d), depending on whether the source of income is an individual, a nonprofit, or a business entity. e. Personal Finances Finally, the regulations provide materiality standards for effects on personal finances. Regulation 18702.5. A reasonably foreseeable financial effect on an official's or his or her immediate family's personal finances is considered material if the official or the official's immediate family member will receive a measurable financial benefit or loss from the decision. Regulation 18702.5. The following are not considered to be a material financial effect under Government Code Section 87103: 1 j Any establishment of or change to benefits provided under on employment or retirement policy for employees or retirees if the financial effect of the decision applies equally to all employees in the same bargaining unit or other representative group. 2) Payment of any travel expenses, to the extent allowed by law, incurred while attending meetings as an authorized representative of an agency. 3) Stipends received for attendance at meetings of any group or body created by law or formed by the official's agency for a special purpose, so long as the selecting body posts on its website on a form provided by the Commission that includes: a list of each appointed position eligible for a stipend, the amount of the stipend for each position, the name of the public official who has been appointed to the position, the name of the public official, if any, who has been appointed as an alternate, and the term of the position, 4) The use of any government property, such as automobiles or other modes of transportation, mobile communication devices, or other agency provided equipment for carrying out the official duties of a position, including any nominal, incidental, negligible, or inconsequential personal use while on duty. 5) Any personal reward received by the official when using a personal charge card or membership rewards program, s❑ long as the reward is no different from the reward offered to the public and is limited to charges made solely for the official's approved travel expenses. 6) A decision to fill a position on the body of which the official is a member Regulation 18702.5(b). Any effect on the interests noted above would not constitute a material effect on personal finances for the purpose of the Political Reform Act. Summary of Principai Conflicts of Interest Laws and Regulations Page 17 Q 2019 Richards, Watson & Gershon 2280385 summary of the Major Provisions and Requirements at Principal Conflicts of Interest Laws and Regulations Regulation 18702.5 clarifies that if ❑ decision only affects a business entity or real property in which the official has a financial interest, the regulation regarding personal finances does not apply. Regulation 18702.5{c). Under those circumstances, the official should analyze the applicable materiality standards for those types of interests in Regulations 18702,1 and 18702.2 to determine whether a conflict exists. STEP FIVE: DOES THE "PUBLIC GENERALLY" EXCEPTION APPLY? Determine if the official can demonstrate that the material financial effect on the official's interest is indistinguishable from the decision's effect on the public generally. Once it is determined that it is reasonably foreseeable that a decision will have a material financial effect on an official's financial interest, it is necessary to evaluate whether an exception to the disqualification requirement is applicable. One exception, known as the "public generally" exception, provides that even if a governmental decision will have a reasonably foreseeable material financial effect on the official's financial interest, disqualification will not be required if the effect an the public official's financial interest is indistinguishable from the decision's effect on the financial interests of the public generally. Regulation 18703. In order to use this exception, the official must be able to demonstrate two core elements. First, the governmental decision must affect a "significant segment" of the public in the jurisdiction of the public agency. Second, the governmental decision's effect on the official's financial interest must not be unique as compared to the effect on the significant segment. Regulation 18703. The FPPC has simplified the regulation to determine what constitutes a sufficiently "significant segment" of the public. Regulation 18703(b). A significant segment of the public is "at least 25 percent of" any of the following: ■ All businesses or non-profit entities within the official's jurisdiction: • All real property, commercial real property, or residential real property within the official's jurisdiction: or ■ All individuals within the official's jurisdiction. Regulation 18703(b). Summary of Principal Conflicts of Interest Laws and Regulations Page 18 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations To determine whether a decision's effect on the official's financial interest is "unique" as compared to the effect on the significant segment of the public, the FPPC requires that an official determine whether the decision has a "disproportionate" effect on: ■ The development potential or use of the official's real property or on the income producing potential of the official's real property or business entity. ■ An official's business entity or real property resulting from the proximity of a project that is the subject of a decision. An official's interests in business entities or real properties resulting from the cumulative effect of the official's multiple interests" in similar entities or properties that is substantially greater than the effect on a single interest. ■ An official's interest in a business entity or real property resulting from the official's substantially greater business volume or larger real property size when a decision affects all interests by the some or similar rate or percentage. • A person's income, investments, assets or liabilities, or real property if the person is a source of income or gifts to the official. • An official's personal finances or those of his or her immediate family. Regulation 18703(c). The official's "jurisdiction" for the purposes of this regulation constitutes the "jurisdiction of the state or local government agency as defined in Section 82035, or the designated geographical area the official was elected to represent, or the area to which the official's authority and duties are limited if not elected." Regulation 18703(d). Real property is considered to be within a "jurisdiction" if the "property or any part of it is located within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency." § 82035. The FPPC Regulations include a number of specialized "public generally" exceptions. Regulation 18703(e). The financial effect on an official's financial interest is deemed indistinguishable from that of the public generally if the official establishes: The decision establishes or adjusts assessments, taxes, fees, or rates for water, utility, or other broadly provided public services or facilities that are applied equally, proportionally, or by the same percentage to the official's interest and other businesses, properties, or individuals subject to the assessment, tax, fee, or rate. ownership or only two residential properties apparently would not constitute "multiple interests ... in properties that is substantially greater than the effect on a single interest." Wagner Advice Letter, FPPC No. A-15-227, 2015 WL 9680333 (2015). Summary of Principal Conflicts of Interest Laws and Regulations Page 19 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest taws and Regulations ■ The decision affects the official's personal finances as a result of an increase or decrease to a general fee or charge, such as parking rates, permits, license fees, application fees, or any general fee that applies to the entire jurisdiction. • The decision affects residential real property limited to a specific location, and the decision establishes, amends, or eliminates ordinances that restrict on -street parking, impose traffic controls, deter vagrancy, reduce nuisance or improve public safety, provided the body making the decision gathers sufficient evidence to support the need for the action at the specific location. • The decision affects all renters of residential property within the official's jurisdiction and only interests resulting from the official's leasehold interest in his or her residence are affected. • The decision is made by a board or commission and the law that establishes the board or commission requires certain appointees have a representative interest in a particular industry, trade, or profession or other identified interest, and the public official is an appointed member representing that interest. This provision applies only if the effect is on the industry, trade, or profession or other identified interest represented and there is no unique effect on the official's interest. ■ The decision is made pursuant to an official proclamation of a state of emergency when required to mitigate against the effects directly arising out of the emergency and there is no unique effect on the official's interest. + The decision affects a federal, state, or local governmental entity in which the official has an interest and there is no unique effect on the official's interest. Regulation 18703(e). Summary of Principal Conflicts of Interest Lows and Regulations Page 20 © 2019 Richards. Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations STEP SIX: MAY THE OFFICIAL MAKE OR PARTICIPATE IN MAKING A DECISION? Determine whether the public official will be making, participating in the making, or using or attempting to use hislher official position to influence a governmental decision. The Act applies when a public official is "making, participating in making, or using or attempting to use his/her official position to influence a governmental decision." Regulation 18704. If the official will be called upon to make, participate in making, or use his or her official position to influence a governmental decision in which the official has a financial interest, the official will have a prohibited conflict of interest, The FPPC regulations define each of these actions for purposes of applying the Act: ■ A public official "makes" a governmental decision when the official authorizes or directs any action, votes, appoints a person, obligates or commits his or her agency to any course of action, or enters into any contractual agreement on behalf of his or her agency. Regulation 18704(a)." • A public official "participates in" ❑ governmental decision when the official provides information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review. Regulation 18704(b). • A public official "uses his or her official position to influence" a decision if the official: (i) contacts or appears before any official in his or her agency or in an agency subject to the authority or budgetary control of his or her agency for the purpose of affecting a decision; or (ii) contacts or appears before any official in any other government agency for the purpose of affecting a decision, and the public official acts or purports to act within his or her authority or on behalf of his or her agency in making the contact. Regulation 18704(c), There are limited exceptions to this rule. A public official is not making, participating in making, or influencing a government decision when the official acts in a solely ministerial, secretarial, or clerical manner. Regulation 18704(d) (1). 'I A public official's "determination not to act" does not constitute participating in "making'' a governmental decision when the public official is abstaining from a decision due to a personal financial interesi. Summary of Principal Conflicts of Interest Laws and Regulations Page 21 CO 2019 Richards, Watson & Gershon 2280385 of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations In addition, an official is not making, participating in making, or influencing a government decision when the official appears before the public agency as ❑ member of the general public to represent specific and limited "personal interests" or when the official negotiates his or her compensation or terms of employment. Regulation 18704(d). With respect to negotiating the terms of employment, however. "an official may not make a decision to appoint, hire, fire, promote, demote, or suspend without pay or take disciplinary action with financial sanction against the official or his or her immediate family, or set a salary for the official or his or her immediate family different from salaries paid to other employees of the government agency in the same job classification or position," Regulation 18704(d) (3). Making, participating in, or influencing a governmental decision also does not include communications to either the press or the general public. Regulation 18704(d) (4), Nor does it include academic decisions. Regulation 18704(d) (5). Limited actions in an official's professional capacity as an architect or engineer also are not considered to be making, participating in, or influencing a governmental decision. Regulation 18705(d)(6). Finally, an official who serves as a consultant will not be participating in a decision by making a recommendation regarding additional services if the agency has already contracted with the consultant - for an agreed upon price - to make recommendations concerning services of the type offered by the consultant. Regulation 18704(d) (7) . STEP SEVEN: IS THE PUBLIC OFFICIAL'S PARTICIPATION LEGALLY REQUIRED? Determine if the public official's participation is legally required despite a conflict of interest, A public official also is permitted to participate in making a governmental decision, despite having a conflict of interest in the decision, if no alternative source of decision exists that would be consistent with the purposes and terms of the statute authorizing the decision. Regulation 18700(e), 18705(a). This exception is applied when a quorum of a legislative body cannot be convened due to the disqualifying conflicts of interests of its members. In that situation, as many members as are needed to create the minimum number for the quorum may be selected at random to participate. In these situations, stringent disclosure requirements apply, not only regarding the basis of the selected member's conflict of interest, but also the reason why there is no alternative source of decision -making authority. Regulation 18705(b). For the purposes of this section, a "quorum" means "the minimum number of members required to conduct business and when the vote of ❑ Summary of Principal Conflicts of Interest Laws and Regulations Page 22 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations supermajority is required to adopt an item, the "quorum" shall be that minimum number of members needed for that adoption." Regulation 18705(d). Note that this rule is construed narrowly and may not be invoked to permit an official who is otherwise disqualified to vote to break a tie or to vote if a quorum can be convened of other members of the agency who are not disqualified, whether or not such other members are actually present at the time of the decision. Regulation 18705(c). 4. Abstention When a public official has a conflict of interest under the Act, he or she is required to abstain from making, participating in making, or using or attempting to use his or her official position to influence the local agency's decision. Abstention avoids a violation of the conflict of interest provisions of the Act. The Act establishes specific procedures that most public officials must follow when they have a conflict of interest and are required to abstain from a decision. § 87105; Regulation 18707. Immediately prior to the consideration of the matter, the official must: (i) identify each financial interest that gives rise to the conflict in detail sufficient to be understood by the public (except that disclosure of the exact street address of a residence is not required); (ii) publicly state his or her recusal from the matter; and (Ji) leave the room until after the disposition of the matter unless the matter appears on a consent calendar, or other similar portion of an agenda for uncontested matters, or the official is speaking as a member of the public regarding an applicable personal interest. § 87105, Regulations 18707, 18704(d) (2). The FPPC recently clarified the procedure required and precise information that must be disclosed, as described in new Regulation 18707. This includes additional information regarding rules for closed sessions and matters on the consent calendar. The procedure stated in Regulation 18707(a) must be followed by all council members, judges, elected state officers, members of planning commissions, members of boards of supervisors, district attorneys, county counsels, city managers, city attorneys, city treasurers and other public officials who manage public investments, and to candidates for any of these offices at any election. §§ 87105, 87200. The Act does not require other public officials who must file financial disclosure forms under local conflict of interest codes to follow the some procedure, but the FPPC has now prescribed specific rules for those public officials. Regulation 18707(b). Depending on the nature of his or her interest, a public official who must abstain from a decision may comment on the item as a member of the public during the public comment period on a matter related to his or her "personal interests." The term "personal interest" is defined to include an interest in real property or ❑ business entity that is wholly owned by the official or his or her immediate family. Regulations 18704(d) (2) (A) and (B). It also includes business entities over which the official, or the official and his or her immediate family, exercise sole direction and control. Regulation 18704(d)(2)(C). Summary of Principal Conflicts of Interest Laws and Regulations Page 23 m 2019 Richards. Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principol Conflicts of Interest Laws and Regulations If a public official wishes to speak on a matter related to his or her "personal Interests," the official must publicly identify the financial interest (including all of the specific details required by the regulation). Regulation 18707(o) (1) (A), The public identification must be made orally and be included in the official public record. Regulation 18707(a) (1) (B). Subsequently, the official must recuse himself or herself and leave the dais to speak from the some area as the members of the public. Regulation 18707(a) (3) (C). Like other members of the public, the official may listen to the comments of other speakers ❑n the matter, Regulation 18704(a) (3) (C) . Note that when a public official abstains from a decision, his or her presence does not count toward achieving a quorum. Regulation 18707. Accordingly, if several officials must abstain from a decision under the Political Reform Act, there may not be sufficient members of the body present to consider a matter under the Brown Act. In such a circumstance, it may be possible to use the exception for legally required participation, as discussed above. 5. Penalties for Violation Administrative, civil, and criminal penalties exist for violations of the conflict of interest provisions of the Act. The FPPC may levy administrative penalties after a hearing and may impose a fine of up to $5,000 per violation, a cease and desist order, and an order to file reports. § 83116. The FPPC recently adopted regulations providing for streamlined administrative enforcement procedures and specific penalties for various types of violations.19 Regulations 18360.1, 18360.2. Civil penalties include injunctive relief that may be sought by the district attorney or any person residing in the jurisdiction. § 91003. In the event a court finds that the actions would not have been taken but for the action of the official with the conflict of interest, the court is empowered to void the decision. § 91003. Misdemeanor criminal penalties are provided in situations where a knowing or willful violation of the act occurs, and generally. persons convicted of violating the Act may not be a candidate for elective office or act as a lobbyist for four years after the conviction. §§ 91000, 91002. The statute of limitations for civil and criminal enforcement actions is four years from the date of the violation. §§ 91000(c). 9 1011 (b). The statute of limitations for administrative actions brought by the FPPC is five years from the date of the violation. § 91000.5. 6. Seeking Advice on Conflict of Interest Questions It is important to note that only a formal advice letter from the FPPC staff can immunize a public official from potential enforcement by the FPPC or the District Attorney in the event the public official participates in a decision and someone subsequently alleges the public official had a prohibited conflict of interest. A formal advice letter usually takes the FPPC staff at least a month to prepare, is only provided it the request relates to prospective acts (as distinguished from past acts), and if it contains sufficient facts upon which the FPPC is able to render a decision. Informal written advice (without " These regulations were adopted by the FPPC on January 17. 2019. but they will not take effect until they are reviewed by the Office of Administrative Law and the California Secretary of State. At this time. the FPPC has not yet indicated when these Changes will became effective. Summary of Principal Conflicts of Interest Laws and Regulations Page 24 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provislons and Requirements of Principal Conflicts of Interest Laws and Regulations immunity from potential enforcement action) may also be requested from the FPPC staff as well as informal telephonic advice through their technical assistance division at 1 866 ASK FPPC (1 866 275 3772). Based on the time frames required to obtain formal or informal written advice from the FPPC, it is important for public officials to consult their city attorney or local agency counsel as early as possible so as to provide adequate time to gather all relevant facts, draft a letter to the FPPC, and respond to the advice once given. B. Government Code Section 1090 Government Code Section 1090 provides in relevant part: "[m]embers of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members." The purpose of the prohibition contained in Section 1090 is to preclude a public official from using his or her position to obtain business or financial advantage through the approval of contracts by the public entities which he or she serves. As more fully explained below, the prohibition applies to not only preclude ❑ member of the body or board that approves the contract from directly contracting with that some public entity, but it also applies when the public official has a financial or other specified relationship to the entity that seeks to contract with the public entity. The intent of the law is to remove the possibility of any personal influence that might bear on an official's decision -making activities on contracts executed by his or her public entity. Upon the enactment of the Act in 1974, questions arose as to whether that new law impliedly repealed or preempted the provisions of Section 1090. The California Attorney General addressed this issue first, concluding in a 1976 opinion that the Act did not implicitly repeal or preempt Section 1090. 59 Ops. Cal, Att'y Gen. 604, 671 (1976). Since that time, the courts and the Attorney General have consistently considered Section 1090 as having continuing effect. For example, in People v. Honig, 48 Cal. App. 4th 289, 328-29 (1996), the defendant in a criminal case for violations of Section 1090 argued that the Act superseded Section 1090. The California Court of Appeal declined to so rule, holding instead that the term "financially interested" in Section 1090 has a different meaning than the term "material financial effect" in the Act. In another case, the California Court of Appeal again held that the Act and Section 1090 are "two different statutory schemes." City of Vernon v, Central Basin Mun. Wafer Dist., 69 Cal. App. 4th 508, 513 (1999), see also Fraser-Yamor Agency, Inc. v. County of Del Norte, 68 Cal. App, 3d 201 (1977); People v. Vallergo, 67 Cal. App. 3d 847 (1977); City Council v. McKinley. 80 Cal. App. 3d 204 (1978); City of Imperial Beach v. Bailey. 103 Cal. App. 3d 191 (1980); Thomson v. Call, 38 Cal. 3d 633 (1985), Campagno v. City of Sanger, 42 Cal. App. 4th 533 (1996), 67 Cps. Cal. Att'y Gen. 369, 375 (1984); 69 Ops. Cal. Att'y Gen. 102 (1986); 70 Ops. Cal. Att'y Gen. 45, 47 (1987); 73 Ops. Cal. Att'y Gen. 191, 194-95 (1990). Both the Act and the common law (meaning court -made) doctrine against conflicts of interest require the public official with a conflict of interest to abstain from participation in the decision. Section 1090, by contrast, also prohibits the public entity from entering Summary of Principal Conflicts of Interest laws and Regulations Page 25 Q 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations into a contract in which one of its officers or employees has a financial interest, unless certain exceptions apply. If the conflicted official is a member of a board or commission that executes the contract, he or she is conclusively presumed to be involved in the making of his or her agency's contracts. Thomson v. Call, 38 Cal. 3d at 649. This absolute prohibition applies regardless of whether the contract is found to be fair and equitable or the official abstains from all participation in the decision. Thomson, 38 Cal. 3d at 649-50, Fraser-Yamcr Agency, 68 Cal. App. 3d at 21 1-12; City of Imperial Beach. 103 Cal, App. 3d at 195. The only way a public entity could still enter into such a contract - i.e., in which an official who Is a member of the board or commission that executes the contract has a financial interest - would be if that interest qualifies as a "remote interest" or "non -interest" within the meaning of specified provisions discussed below. I. Three Principal Components of Section 1090 The prohibition contained in Section 1090 involves three principal components: (1) the person subject to the prohibition must be an officer or employee of one of the types of governmental entities listed in Section 1090; (2) the public officer or employee must be "financially interested" in a contract; and (3) the contract must be made by either the public official in his or her official capacity or by the body or board of which the official is a member. o. Officer or Employee of Listed Government Entity The first element is whether the person subject to the prohibition is a member of the Legislature or an officer or employee of the state, ❑ county, a district, a judicial district, or a city. Virtually every officer or employee of a municipality or local governmental district is subject to the prohibition of Section 1090. In recent years, the courts also have concluded that consultants may be considered "employees" for the purpose of civil liability under Section 1090. In 2017, the California Supreme Court held that Section 1090 applies to independent contractors "when they have duties to engage in or advise on public contracting that they are expected to carry out on the government's behalf." People v. Superior Court (Sahlolbei) , 3 Cal. 5th 230 (2017), see also, California Housing Finance Agency v. HanoverlCalifornio Management and Accounting Center, Inc., 148 Cal. App. 4th 682, 691 (2007), see also, Hub City Solid Waste Services, Inc. v. City of Compton, 186 Cal. App. 4th 11 14, 1124- 1125 (2010). Moreover, the courts have held that even private companies may be subject to Section 1090 where the company has the potential to exert considerable influence over the agency's contracting decision. Dads v. Fresno Unified School District, 237 Cal. App. 4th 261 (2015); McGee v. Balfour Beatty Construction, LLC, 247 Cal. App, 4th 235, 261 (2016). As such, we advise that both public agencies and independent contractors carefully evaluate whether their duties and obligations include engaging in or advising on public contracting. If so, their involvement in those contracting decisions must be evaluated for compliance with Section 1090. summary of Principal Conflicts of Interest Laws and Regulations Page 26 p 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts or Interest Laws and Regulations b. Financial Interest in a Contract The second element of the prohibition is the existence of a direct or indirect financial interest in a contract. The courts have interpreted the term "financially interested" as including any direct interest, such as that involved when a public official enters directly into a contract with the body of which he is a member. Thomson v. Calf, 38 Cal, 3d 633 (1985). The courts have also interpreted "financially interested" as including indirect financial interests in ❑ contract, where, for example, a public official has a business relationship with the entity that would be contracting with the public entity, or when the public official would gain something financially by the making of the contract. Froser- Yamor Agency, 68 Col. App. 3d 201 (1977); Finnegan v. Schroder, 91 Cal. App. 4th 572, 579 (2001). In Thomson v. Call, the California Supreme Court described the breadth of the statute this way: "Section 1090 forbids city officers from being 'financially interested in any contract made by them in their official capacity, or by any body or board of which they are members.' The proscribed interest certainly includes any direct interest, such as that involved when an officer enters directly into a contract with the body of which he is ❑ member. California courts have also consistently voided such contracts where the public officer was found to have an indirect interest therein. . . . Neither the absence of actual fraud nor the possibility of a 'good faith' mistake on [the officer's] part can affect the conclusion that this contract violates section 1090 and is therefore void." 38 Cal. 3d at 645-46 (citations omitted). in Thomson, a council member sold certain real property to a third party, knowing that the city was negotiating a deal to acquire multiple parcels of property in that area for a public park. The third party then conveyed the council member's property to the city, in an apparent attempt to evade the provisions of Section 1090, The court essentially "unwound" and invalidated the entire transaction based on the council member's interest in the transaction. The court refused to focus on the isolated contract between the city and the third -party that bought the property from the council member, but rather viewed all of the successive contracts as one complex multi -party agreement. The court ordered the council member to disgorge all funds he received in the transaction and ordered that the city retain title to the property. The court noted that this type of severe remedy was necessary to discourage violations of Section 1090. Other decisions have followed this some broad reading of "indirect interests." In People v. Vollerga, the California Court of Appeal summarized court decisions addressing financial interests under Section 1090 as follows: "However devious and winding the chain may be which connects the officer with the forbidden contract, if it can be followed and the connection made, the contract is void." 67 Cal. App. 3d 847, 867 (1977); see also People v. Honig, 48 Cal. App. 4th 289, 315 (1996) (stating the some rule), The scope of indirect interests that could form a "devious and winding chain" back to a public contract is broad, but this reflects the judicial stance of vigilant enforcement of Section 1090. See, e.g., Thomson, 38 Cal. 3d at 652 ("[T]he policy of strict enforcement Summary of Principai Conflicts of interest Laws and Regulations Page 27 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations of conflict -of -interest statutes ... provides a strong disincentive for those officers who might be tempted to take personal advantage of their public offices, and it is a bright - line remedy which may be appropriate in many different factual situations."); Berko v. Woodward, 125 Cal. 119, 128 (1899) (noting the need for "strict enforcement" of the conflict of interest statutes). Although Section 1090 traditionally has been interpreted broadly, a California appellate decision warned against an overly broad interpretation of the term "financial interest" for the purpose of Section 1090. See Eden Township Healthcare District v. Sutter Health, 202 Cal. App, 4th 208, 228 (2011). The court acknowledged the general principle that the "defining characteristic of a prohibited financial interest is whether it has the potential to divide an official's loyalfies and compromise the undivided representation of the public interest the official is charged with protecting." Id. at 221. The court concluded that the salaried CEO of a non-profit medical center, who also served on the board of a hospital district, was not financially interested in contracts between the medical center and the hospital district, despite the clear potential effect on his employer. Id. at 222. The court noted that there was "nothing in the record to support the inference that the [agreements] bear any relationship to [the CEO's] continued employment" with the medical center. Id. at 223-224. Moreover, the court noted that there was "no evidence that [the CEO would] derive any financial benefit arising from the" agreements in question. id. at 226. The court stated broadly: In our view, if the contract itself offers no benefit to the official, either directly or indirectly, then the official is not financially interested in the contract and any explicit legislative exemption for such a circumstance would be unnecessarily redundant. Id. at 228, The court distinguished the case of Miller v. City of Martinez, 28 Cal. App. 2d 364 (1938), in which the complaint alleged that a council member had a financial interest in a contract with a company that employed him and in which he also held stock. Id. at 226. The ruling in Eden Township could be construed to suggest that an official is only "financially interested" in a contract that affects the official's compensation or continued employment.20 in light of subsequent FPPC advice letters, however, there is continued uncertainty regarding the application and interpretation of the courts holding in Eden Township.2' As such, we recommend that public officials seek legal assistance whenever a potential Section 1090 conflict arises. In addition to a "financial interest," there must be a contract in order for Section 1090 to apply, as described below. General contract principles apply to this determination and include such arrangements as purchase and service contracts as well as development agreements between a city and a developer (78 Ops, Cal. Atf'y Gen. 230 (1995) ), 82 Z See also, Ansofabehere Advice Letter, FPPC No. A-15-180, 2015 WL 9680325 (20151; Devaney Advice Letter, FPPC NO. A-15-213, 2015 WL 7252462 (20151: but cf. Carney Advice Letter, FPPC No, A-16-073, 2016 WL 3212417 (2016) and Diaz Advice Letter, FPPC No, A-16-214, 2016 WL 7033000 120161- 21 See, e.g., Diaz Advice Letter, FPPC No. A-16-214, 2016 WL 7033000 (2016) and Roy Advice Letter, FPPC No. A-16-157, 2016 WL 6565871 (20161. Summary of Principal Conflicts of Interest Laws and Regulations Page 28 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Ops. Cal. Att'y Gen. 126, 129 n.4 (1999)), joint powers agreements (People v. Gnass, 101 Cal. App. 4th 1271, 1301 (2002)), and payments for conference attendance expenses (75 Ops. Cal. Att'y Gen. 20 (1992)). C. A Contract "Made" by the Official or by a Body or Board of which the Official Is ❑ Member The third element necessary for a Section 1090 violation is that the contract has to be "made" either by the official or employee acting in his or her official capacity, or by any body or board of which the official is a member. The "making" of a contract is most commonly implicated by a city council's approval of a simple purchase order as part of the approval of a demand warrant registrar, this is likely to constitute the making of ❑ contract within the scope of Section 1090. The courts have construed the term "made" as encompassing such elements in the formation of a contract as preliminary discussions, negotiations, compromises, reasoning, planning, and drawing of plans or specifications and solicitation for bids. Millbrae Assn for Residential Survival v. City of Millbrae, 262 Cal, App. 2d 222, 237 (1968) . For example, in City Council of San Diego v. McKinley, 80 Cal. App. 3d 204, 212 (1978), a court of appeal found a Section 1090 violation when a city council entered into an agreement with a landscape architectural firm, of which the president, a stockholder, was also a member of the city's parks and recreation board. The board investigated and advised the city council on parks and recreation development issues, and it approved plans for a Japanese garden for which the board member's company ultimately received the development contract. Even though the board member was not a member of the city council, which awarded the contract to his company, the board member's participation in the planning for the garden was sufficient to constitute participation in "making" the contract: "[T]here is ample authority the negotiations, discussions, reasoning, planning, and give and take which go beforehand in the making of a decision to commit oneself must all be deemed to be ❑ part of the making of an agreement in the broad sense. [Citation omitted.] Thus, the final execution of a contract, which is the time when the contract is technically made, is not the only time when ❑ conflict of interest may be presented." 80 Cal. App. 3d at 212. Similarly, in Stigall v. City of Taft, 58 Col. 2d 565, 569-70 (1962), the California Supreme Court held that on impermissible conflict existed in a contract with a plumbing company owned by a council member, even though the council member resigned before the plumbing company's bid was accepted. The court recognized that activities prior to the signing of a contract can be integral to the decision to accept the contract. Id. at 569, see also Campagna v. City of Sanger, 42 Cal. App. 4th 533, 538 (1996). Summary of Principal Conflicts of Interest Laws and Regulations Page 29 © 2019 Richards. Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 2. Exceptions to Section 1099 a. "Remote Interest" Exception There are two categories of exceptions to Section 1090. The first, encompassing what are commonly referred to as "remote interests," is set forth in Section 1091. If an official has only a remote interest in a contract, then the local agency may enter into the contract as long as the official abstains from participating in the making of the contract in any way. Although this is not an exhaustive list of the "remote interest" exceptions, a few examples of "remote interest" exceptions include the following: • Remote interest exception for a compensated officer or employee of a nonprofit corporation (Section 1091 (b) (1 )]; ■ Remote interest exception for a person receiving a government salary, per diem, or reimbursement for expenses, even when the contract involves the department of the government entity that employs the board member (Section 1091 (b) (13)), ■ Remote interest exception for a litigation settlement agreement between an officer that is party to litigation involving the body or board of which the officer is a member (Section 1091 (b) (15); and • Remote interest exception for the owner or partner of a firm who serves as an appointed member of an unelected board or commission of the contracting agency if the owner or partner recuses himself or herself from: (1 ) providing any advice to the contracting agency regarding the contract between the firm and the contracting agency; and (2) any participation in reviewing a project that results from that contract (Section 1091 (b) (17)j . The "remote interest" exception applies only if the interest is disclosed to the body that approves the contract, the disclosure is noted in that body's official records, and the official abstains from voting. Further, members with a "remote interest" may not attempt to influence any other member of the body or board of which they are members to enter into the contract. Summary of Principal Conflicts of Interest Laws and Regulations Page 30 @ 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Lows and Regulations b. "Non -Interest" Exertion The second category of exceptions is found in Section 1091.5. These are called "non - interest" exceptions and apply to a type of interest that is completely exempt from Section 1090 and, if held by the official, does not require abstention. Unlike the "remote interest" exceptions in Section 1091, most of the "non -interest" exceptions listed in Section 1091.5 are available to both board members and employees who are covered by the general prohibition in Section 1090. Although this is not an exhaustive list, examples of some of those exceptions are listed below: ■ Non -interest exception for government salary, per diem, or reimbursement of expenses when the contract does not involve the department of the government entity that employs the officer or employee (Section 1091.5 (a1(9)), Nan -interest exception for government salary to an officer's or employee's spouse when the spouse was employed by the government entity for at least one year prior to the officer's or employee's election or appointment (Section 1091.5 (a)(b)): In Nan -interest exception for a non -compensated officer of a non-profit corporation that supports the functions of the public entity or to which the public entity is required to give particular consideration (Section 1091.5 (a) (8) ): • Non -interest exception for non -salaried members of a non-profit corporation (Section 1091.5 (a) (7)). • Non -interest exception involving the receipt of public services on the some terms as would be provided if the officer were not a member of the governmental body or board (Section 1091.5(a)13)): and 19 Non -interest exception for contracts for public services between a special district and its board members if the special district requires board members to be landowners or representatives of a landowner and the contract is made on the same terms and conditions granted to everyone else. (Section 1091.5(a) (14)). For purposes of the exception, "public services" include the powers and purposes generally provided pursuant to provisions of the Water Code relating to irrigation districts, California wafer districts, water storage districts, or reclamation districts. Summary of Principal Conflicts of Interest Laws and Regulations Page 31 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 3. A Contract Made in Violation of Section 1090 is Void and Officials Violating Section 1090 Are Subject to Severe Penalties Finally, if is important to note the extreme consequences of ❑ Section 1090 violation and thus the caution with which persons must act to ensure compliance with this law. A public official who willfully violates any of the provisions of Section 1090 "is punishable by a fine of not more than $1,000, or by imprisonment in the state prison, and is forever disqualified from holding any office in this state." § 1097. The civil fines applicable to Section 1090 violations now can be up to the greater of $10,000 or three times the value of the financial benefit received by the defendant for each violation. § 1097.3(a). In addition, a contract made in violation of Section 1090 is void under Section 1092. People ex rel. State v. Drinkhouse, 4 Cal, App. 3d 931, 935 (1970) ("[A] contract in which a public officer is interested is void, rather than voidable as the statute indicates."), As with the Political Reform Act, acting on the advice of counsel is not a defense to a Section 1090 violation, See People v. Chocon, 40 Cal, 4th 558 (2007), Chapman v. Superior Court, 130 Cal. App, 4th 261 (2005). Given these consequences, it is advisable for public officials to be very cautious in deciding whether they may participate in a contracting decision based on the existence of a "non -interest exception," whether they must abstain from those decisions based on the application of a "remote interest" exception, or whether their financial interest lies outside any exception and therefore precludes the public entity from entering into the contract altogether. 4. Aiding and Abetting Section 1090 Violations In 2014, the California Legislature adopted Senate Bill 952, which added a subsection (b) to Government Code Section 1090, which now reads: "An individual shall not aid or abet a Member of the Legislature or a state, county, district, judicial district, or city officer or employee in violating subdivision (a)" of Section 1090. The Legislature added a similar provision to Section 1093 such that a person "shall not aid or abet the Treasurer, Controller, a county or city officer, or their deputy or clerk" in purchasing or selling "warrants, scrip, orders, demands, claims, or other evidences of indebtedness" for personal gain. § 1093. The Legislature also added a penalty for these crimes to Section 1097, which applies when a person "willfully aids or abets an officer or person in violating" Section 1090 or certain other conflict provisions. In light of these new provisions, city officers and employees must be careful to avoid "aiding and abetting" a Government Code Section 1090 violation, 5. Seeking FPPC Advice on Section 1090 In 2013, the State Legislature adopted Assembly Bill 1090, which amended the enforcement provisions applicable to Government Code Section 1090. With the adoption of AB 1090, a person who is subject to the prohibition in Government Code Section 1090 may request advice and/or a formal opinion from the FPPC. § 1097.1(c). Such advice is admissible as evidence of good faith conduct by the requester if the Summary of Principal Conflicts of Interest Laws and Regulations Page 32 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Lcws and Regufcrticns requester truthfully disclosed all material facts and relied on the advice or opinion of the FPPC. § 1097.1(c). In addition, the FPPC is now authorized to enforce the prohibition in Government Code Section 1090 through administrative or civil actions. § 1097.1(a). 5. Statute of Limitations for Section 1090 Violations The statute of limitations for bringing a criminal prosecution under Section 1090 is three years from the discovery of the violation. People v. Honig, 48 Cal. App. 4th 289, 304 (fn. 1) (1996), Penal Code §§ 801, 803(c). However, under Government Code Section 1092, a four-year statute of limitations applies to actions brought under Section 1090 to invalidate a contract. This four-year statute of limitations begins to run from the date that the plaintiff has discovered the violation, or in the exercise of reasonable care, should have discovered the violation. A four-year statute of limitations also applies to civil actions brought by the FPPC. § 1097.3(c), C. Common Law Doctrine against Conflicts of Interest The common law doctrine against conflicts of interest constitutes the courts' expression of the public policy against public officials using their official positions for their private benefit, See Terry v. Bender, 143 Cal. App. 2d 198, 206 (1956). This doctrine provides an independent basis for requiring public officials and employees to abstain from participating in matters in which they have a financial interest, Violation of the doctrine can amount to official misconduct and can result in loss of office. Nussbaum v. Weeks, 214 Cal. App. 3d 1589 (1989). By virtue of holding public office, an elected official "is impliedly bound to exercise the powers conferred on him with disinterested skill, zeal, and diligence and primarily for the benefit of the public." Noble v. City of Palo Alto, 89 Cal. App. 47, 51 (1928). An elected official bears a fiduciary duty to exercise the powers of office for the benefit of the public and is not permitted to use those powers for the benefit of a private interest, Id. The common law doctrine against conflicts of interest has been primarily applied to require a public official to abstain from participation in cases where the official's private financial interest may conflict with his or her official duties. 64 Qps. Cal. Att'y Gen. 795, 797 (1981). However, the doctrine also applies when specific circumstances preclude a public official from being a disinterested, unbiased decision maker for a quasi-judicial matter. In one case, a council member who voted to deny permits for a condominium project near his house was deemed to have a common law conflict of interest (i.e., bias) due to his interest in preserving his ocean view and his personal animosity toward the applicants. Clark v. City of Hermosa Beach, 48 Cal, App. 4th 1 152 (1996). However, a more recent court decision creates some uncertainty as to whether the common law doctrine should be applied when statutory conflict of interest laws already address the particular situation. In BreakZone Billiards v. City of Torrance, 81 Cal. App. 4th 1205, 1233 (2000), the court declined to construe allegations of an official's bias in a decision to constitute a conflict of interest at common law when the applicable statutes already had been construed not to create a conflict of interest in that situation. In BreakZone, the court indicated, "[w]e continue to be cautious in Summary of Principal Conflicts of Interest Laws and Regulations Page 33 © 2019 Richards, Watson & Gershon 2280385 of the major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations finding common law conflicts of interest .... We reject the application of the doctrine in this case, assuming, arguendo, It exists." 81 Cal. App. 4th at 1233. Summary of Principal Conflicts of Interest Laws and Regulations Page 34 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 11. OTHER SPECIALIZED CONFLICTS OF INTEREST LAWS AND REGULATIONS A. Doctrine against Holding Incompatible Offices 1. The Common Law Doctrine against Holding incompatible offices In addition to Government Code Section 1099 (discussed below), a common law doctrine (that is, legal principles established over time by court decisions) applies to prevent public officials from holding multiple public offices simultaneously. The common law doctrine against incompatibility of offices arose from a concern that the public interest would suffer when one person holds two public offices which might possibly come into conflict. The California Supreme Court set forth the following test for Incompatibility of offices in People ex rel. Chapman v. Rapsey, 16 Cal. 2d 636 (1940): "Two offices are said to be incompatible when the holder cannot in every instance discharge the duties of each, Incompatibility arises, therefore, from the nature of the duties of the offices, when there is an inconsistency in the functions of the two, where the functions of the two are inherently inconsistent or repugnant, as where antagonism would result in the attempt by one person to discharge the duties of both offices, or where the nature and duties of the two offices are such as to render it improper from considerations of public policy for one person to retain both." 16 Cal, 2d at 641-42. Incompatibility of offices is not measured only by conflicts which do exist, but also by those conflicts which might arise. Chapman, 16 Cal. 2d 636, 641-42 (1940): 66 Cps. Cal. Att'y Gen. 382, 384 (1983); 64 Cps. Cal. Att'y Gen. 288, 289 (1981). In order to determine whether two positions are in conflict, it is necessary to determine first whether the two positions are both public offices within the scope of the doctrine. No statutory definition is given to the term "public officer." However, in Chapman, the court stated: "[A] public office is said to be the right, authority, and duty, created and conferred by law — the tenure of which is not transient, occasional, or incidental — by which for a given period an individual is invested with power to perform a public function for public benefit .... One of the prime requisites is that the office be created by the Constitution or authorized by some statute. And it is essential that the incumbent be clothed with a part of the sovereignty of the state to be exercised in the interest of the public." 16 Cal. 2d at 640 (citation omitted). Summary of Principal Conflicts of Interest Laws and Regulations Page 35 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Incompatibility can be triggered if the duties of the two offices "overlap so that their exercise may require contradictory or inconsistent action, to the detriment of the public interest." People ex rel. Bagshaw v. Thomson, 55 Cal. App. 2d 147, 150 (1942). Only one significant clash of duties and loyalties is required to make offices incompatible. 37 Ops, Cal. Att'y Gen. 21, 22 (1961). The policy set forth in Chapman includes prospective as well as present clashes of duties and loyalties. 63 Ops. Cal. Att'y Gen. 623 (1980). Abstention has not been recognized as a remedy for incompatible offices. The general rule provides: "The existence of devices to avoid . . . [conflicts] neither changes the nature of the potential conflicts nor provides assurances that they would be employed. Accordingly, the ability to abstain when a conflict arises will not excuse the incompatibility or obviate the effects of the doctrine." 66 Ops. Cat. Att'y Gen. 176, 177 (1983) (citation omitted). The effect of the doctrine of incompatibility of offices is that a public official who enters into the duties of a second office is deemed to have automatically vacated the first office if the two are incompatible. Chapman, 16 Cal. 2d at 644. A list of some of the offices that the California Attorney General has found to be incompatible are as follows: County board of supervisors member and community college board member. 78 Ops. Cal. Att'y Gen. 316 (1995). • Fire chief and board of supervisors member. 66 Ops. Cal. Att'y Gen. 176 (1983). Public utility district member and county board of supervisors member. 64 Ops. Cal. Att'y Gen. 137 (1981). Schaal district trustee and council member. 73 Ops. Cal. Att'y Gen. 354 (1990). a School board member and council member. 65 Ops. Cal. Att'y Gen. 606 (1982). • County planning commissioner and council member. 63 Ops. Cal. Att'y Gen. 607 (1980) . • Fire chief and council member. 76 Ops. Cal. Att'y Gen. 38 (1993). • County planning commissioner and city planning commissioner. 66 Ops. Cal. Att'y Gen. 293 (1983). Summary of Principal Conflicts of Interest Laws and Regulations Page 36 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts or Interest Laws and Regulations ■ County planning commissioner and county water district director. 64 Ops. Cal. Att'y Gen. 288 (1981). • City planning commissioner and school district board member. 84 Ops. Cal. Att'y Gen. 91 (1997). • City manager and school district board member. 80 Ops. Cal. Att'y Gen. 74(1997). • School district board member and community services district board member. 75 Ops. Cal. Att'y Gen 112 f 1992). 2. The Statutory Codification of the Common Law Doctrine of Incompatible Offices - Government Code Section 1099 Government Code Section 1099 is intended to create a statutory rule against holding incompatible offices. This section is not intended to expand or contract the common law rule and is intended to be interpreted based on precedent created through court decisions under the common law doctrine. Stats. 2005, c. 254 (S.B. 274), § 2. Section 1099 provides that a public officer, including but not limited to an appointed or elected member of a governmental board, commission, committee or other body, shall not simultaneously hold two public offices that are incompatible as defined by the statute. Section 1099 provides that offices are incompatible when: • Either of the offices may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over the other office or body, • Based on the powers and jurisdiction of the offices, there is a possibility of a significant clash of duties and loyalties between the offices: or • Public policy considerations make it improper for one person to hold both offices. As is the case under the common law doctrine. Section 1099 provides that when two public offices are incompatible, a public officer shall be deemed to have forfeited the first office upon acceding to the second office. However, Section 1099 recognizes that certain state laws or local ordinances may expressly provide for the simultaneous holding of particular offices and that result would not be precluded by Section 1099. Section 1099 does not apply if one of the positions is a mere position of employment rather than a public office. It also does not apply when one of the positions is a member of a legislative body that has only advisory powers. § 1099(c), (d). Summary of Principal Conflicts of Interest Laws and Regulations Page 37 &) 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Pnncipal Conflicts of Interest Laws and Regulations B. Incompatible Outside Activities Government Code Section 1 126 (a) provides, in relevant part: 1A] local agency officer or employee shall not engage in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his or her duties as a local agency officer or employee or with the duties, functions, or responsibilities of his or her appointing power or the agency by which he or she is employed...." The provisions of Section 1 126 prohibit officials and employees of a local government agency from engaging in outside employment or activities where any part of the employment or activity will be subject to approval by any other officer, employee, board or commission of the local agency. Exceptions are created to permit a public official to engage in outside employment by ❑ private business, and to permit an attorney employed by a local agency in a non-elecfive position to serve on an appointed or elected governmental board of another agency. § § 1127, 1128. However, the court in Mazzola v. City and County of San Francisco, 112 Cal. App. 3d 141 (1980) ruled that Section 1 126 provides only authorization to implement standards for incompatibility pursuant to paragraph (b) of Section 1 126. The court ruled that the restrictions of Section 1 126 are not self-executing because existing and future employees should have notice that specific outside activities are or are not compatible with their duties as an officer or employee of the local agency. Thus, Section 1126 would not bar a public official from holding a position outside his or her public agency unless the public agency in which he or she serves as a public official adopts an ordinance in compliance with the requirements of Section 1 126 that specifies that the two positions or activities are incompatible. Many cities have not adopted such ordinances. In light of the court's decision in Mazzola, the Attorney General ruled that Section 1 126 did not apply to any elected official, such as a council member, since elected officials do not have an "appointing power" that can promulgate guidelines for their activities pursuant to Section 1126. However, if a local agency adopts such guidelines, they can be made applicable to officers and employees subordinate to the legislative body of the local agency. including members of advisory boards and commissions. § 1 126(a). C. Successor Agency and Oversight Board Conflicts 1. Form 700s for Successor Agency and Oversight Board Members Regarding any city that adopted a resolution establishing a successor agency to the former redevelopment agency as a separate legal entity, an official who already files an annual Form 700 in his or her capacity as a city official does not need to file an Assuming Office Statement ("Assuming Office Form 700") within 30 days of assuming his or her position with the successor agency as long as these same city officials are Summary of Principol Conflicts of Interest Laws and Regulations Page 38 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations already required to disclose all categories of economic interests. The successor agency official or employee will, however, have to file an Assuming Office Form 700 if he or she is not already required to disclose as a city official all categories of economic interests. With respect to those successor agency officers and employees who do have an obligation to file an Assuming Office Form 700, the 30-day deadline for completing those filings is likely 30 days from the date he or she was appointed rather than 30 days after the officer or employee is sworn in to office or starts to perform duties. This means that if the successor agency was formed as a separate governmental entity, the date that the official was appointed to his or her position would be the date that the successor agency adopted its rules and regulations, established successor agency positions in those rules, and designated specific city officials to Fill those positions. However, if the successor agency appointed certain city officials to those positions at ❑ later point in time, that later date would be the date from which the 30 day period would commence to run. Members of an oversight board are subject to the political Reform Act. This means oversight board members must comply with both the Act's conflict of interest disqualification and disclosure requirements. Oversight board members who do not also hold a concurrent city position need to file an Assuming Office Form 700 within 30 days of their appointment. For example, the appointees of the county, superintendent of schools, and other non -city representatives who do not concurrently hold a city position, should file on Assuming Office Form 700 as an oversight board member with the city clerk. Similarly, if one or both of the mayor's appointees do not concurrently hold a position with the city requiring disclosure of economic interests in all categories, they should file an Assuming Office Form 700 within 30 days of their appointment. However, if a person appointed by the mayor to represent the city on the oversight board or any other appointee to the oversight board concurrently holds a position with the city that is already required to broadly disclose in all categories, these persons would not be required to file an Assuming Office Form 700 under the FPPC staff rationale noted above. 2. Obligation of Successor Agencies to Adopt Conflict of Interest Codes The Act requires that local government agencies must adopt a conflict of interest code. An exception applies for those agencies where all of its officials and employees are already required to file Statements of Economic Interests as city officials. In the case of a successor agency, some members of its oversight board will not be city officials or employees. For example, the county, school district, county superintendent, and community college appointees are most likely not going to be current city officials or employees. Consequently, the successor agency must adopt a conflict of interest code that includes the oversight board. Summary of Principal Conflicts of Interest laws and Regulations Page 39 © 2019 Richards, Watson & Gershon 2280385 summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 3. City Councils are the Code Reviewing Bodies for the Successor Agency's Conflict of Interest Code Section 8201 1(c) provides that for "city agencies," the code reviewing body is the city council, The term "city agencies" is not defined in the Act but has been interpreted by the FPPC to mean local government agencies located solely within the boundaries of one city. In the past, the FPPC has interpreted ❑ redevelopment agency as being a "city agency" and the city council as being the code reviewing body for the redevelopment agency. In the case of a successor agency of a former redevelopment agency that operates solely within the boundaries of one city, the successor agency will not have a jurisdictional boundary that extends beyond the boundary of the city. Consequently, the city council of the city in which the former redevelopment agency operated will be the code reviewing body for the successor agency. The city council, as the code reviewing body, is required to review and approve the successor agency's conflict of interest code not later than six months from the date the successor agency came into existence. § 87303. However, we recommend that this step be completed prior to that deadline for reasons mentioned below. Thus, it is appropriate to place the successor agency's conflict of interest code on a city council agenda for approval soon after the successor agency has adopted it. 4. The City Council May Designate the City Clerk as the Filing Officer for the Successor Agency's Statements of Economic Interests The term "filing officer" is defined in the Act to be the office or officer with wham any statement or report is required to be filed under this title. § 82027. In determining where Form 700s are to be filed for officials of ❑ successor agency, the city council, as the code reviewing body, may designafe whether the "agency" (successor agency) or the "code reviewing body" (city council) is to be the entity with which Form 700s are filed. § 87500(p). Once that designation is made, the duty to perform the functions of filing officer must be delegated to an individual in either entity such as the city clerk, pursuant to Regulation 18227. The person designated becomes the "filing officer." Regulation 18227 provides that every entity with whom forms are filed shall assign to a specific official the responsibility for receiving and forwarding reports filed pursuant to Section 87500 (including Form 700s). Once assigned, fhe filing officer has a duty to supply Form 700s, review submitted Form 700s for completeness, and notify all persons who have Failed to file forms and report violations to appropriate agencies. See § 81010, Thus, the city clerk or the successor agency secretary will most likely be the filing officer for the successor agency but such designation will ultimately be determined by the city council when acting as the code reviewing body for the successor agency's conflict of interest code. In the action to approve the successor agency's conflict of interest code, the city council should approve the successor agency's designation of the city clerk or successor agency secretary to be the filing officer for the successor agency's officials. In the meantime, it is appropriate for the city clerk or successor agency Summary of Principal Conflicts of Interest Laws and Regulations Page 40 © 2014 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations secretary to begin performing the duties of the filing official for the successor agency even though such designation will not be finalized until approved by the city council as the code reviewing body. It is recommended that one of the first steps for the city clerk or successor agency secretary to undertake is to make a record of the appointment date for each officer of the successor agency and each member of the oversight board. With respect to those officials of the successor agency and oversight board that are not otherwise exempt from filing Assuming Office Form 700s for their position with the successor agency, city clerks should provide forms to those persons and facilitate the filing of those forms within the 30-day time period required. D. Discount Passes on Common Carriers Article XII, Section 7 of the California Constitution states: "A transportation company may not grant free passes or discounts to anyone holding on office in this state; and the acceptance of ❑ pass or discount by a public officer, other than a Public Utilities Commissioner, shall work a forfeiture of that office. A Public Utilities Commissioner may not hold an official relation to nor have a financial interest in a person or corporation subject to regulation by the commission." The Attorney General has explained this provision applies in the following manner: The prohibition applies to public officers, both elected and non -elected, but not employees. The prohibition applies to interstate and foreign carriers as well as domestic carriers, and to transportation received outside California. The prohibition applies irrespective of whether the pass or discount was provided in connection with personal or public business. Violation of the prohibition is punishable by forfeiture of office. There have only been a few decisions that address this constitutional prohibition. In one opinion, the Attorney General granted leave to sue two members of a city council who accepted free airline tickets to London given by Laker Airlines as part of the aidine's promotion of its new Los Angeles to London service. Despite the fact that the council members were unaware of the prohibition, the Attorney General allowed a quo warranto suit that subsequently settled before judgment, See, e.g., 76 Ops. Cal. Atty. Gen. 1. 3 (1993). In another opinion, the mayor of a city received an upgrade from a coach seat to a first class seat on Hawaiian Airlines. 76 Ops. Cal. Atty. Gen. 1 (1993). There, the mayor's ticket was one of 20 first-class upgraded tickets that the airline was allowed to provide to "high profile, prominent members of the community." At issue was whether that Summary of Principal Conflicts of Interest Laws and Regulations Page 41 © 2019 Richards. Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and situation fit within an exception to the constitutional prohibition for situations when the free transportation or discount is provided to a public officer as a member of a larger group unrelated to the official's position. The Attorney General ruled that the facts did not satisfy the exception and that a violation of the prohibition had occurred. The exception considered in that opinion stemmed out of a 1984 opinion of the Attorney General which held that a public officer could accept first-class ticket upgrades by virtue of the airline's policy to do so for all persons on their honeymoon. In 67 Qps. Cal. Atty. Gen. 81 (19841, the Attorney General concluded that a public officer, whose spouse was a flight attendant, could accept a free transportation pass or discount when such was offered to all spouses of flight attendants without distinction to the official status of the recipient. Consequently, if the pass or discount is provided to the official because of his or her position as a governmental official, the prohibition applies. If it is provided to the official as a member of a larger group that is not related to the functions of his or her office, the prohibition may not be applicable. E. Conflicts upon Leaving Office - the "Revolving Door" Former elected officials and former city managers are restricted from receiving compensation for lobbying their city for one year after they leave public office. This restriction also applies to elected county and district officials and their chief administrative officers or general managers, but not to department directors or other public officials and employees. § 87406.3(a). A violation of the statute constitutes a misdemeanor, and the FPPC is authorized to impose administrative fines and penalties for its violation, § 91000. The type of lobbying subject to the ban includes both formal and informal appearances before a local agency and making any oral or written communication to the agency. The statute proscribes the appearances and communications if they are made to influence administrative or legislative action, or affect the issuance, amendment, awarding or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. § 87406.3(a), The term "administrative actions" within the scope of the lobbying ban includes "the proposal, drafting, development, consideration, amendment, enactment, or defeat by any local government agency of any matter, including any rule, regulation, or other action in any regulatory proceeding, whether quasi -legislative or quasi-judicial." However, matters that are "solely ministerial" are expressly excluded from the prohibition. § 87406.3(d) (1 ). The type of "legislative action" within the scope of the ban includes: "the drafting, introduction, modification, enactment, defeat, approval, or veto of any ordinance, amendment, resolution, report, nomination, or other matter by the legislative body of a local government agency or by any committee or subcommittee thereof, or by a member or employee of the legislative body of the local government agency acting in his or her official capacity." Summary of Principal Conflicts of interest Laws and Regulations Page 42 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations § 87406.3(d) (2). The lobbying ban does not apply to any public official who is appearing or communicating on behalf of another local governing body or public agency of which the individual is a board member, officer or employee. § 87406.3f b) (1) . Therefore, if such former elected city official or former city manager is contacting his or her city on behalf of the state, a county, ❑ school district or some other governmental entity (in his or her capacity as a board member, officer, or employee), such activity is not precluded by the ban. Effective January 1, 2018, however, the lobbying ban does apply for the initial year if the former elected city official or former city manager serves another public agency as an independent contractor and appears or communicates on behalf of that agency in front of the agency that the person originally served. § 87406.3(b) (2). Such activity would be prohibited for the first year after leaving office or employment with the original agency. Some titles have their own preexisting "revolving door" ordinances that regulate the lobbying activities of their former public officials. This state law expressly does not preempt those ordinances or prevent cities from adopting additional ordinances on the subject in the future, provided those ordinances are more restrictive than the state law. § 87406.3(c). Thus, the law merely sets a new minimum standard applicable to all cities. F. Laws Prohibiting Bribery A number of state statutes prohibit bribery of public officials. Specifically, it is illegal to give or offer to give a bribe to a public official, or for a public official to ask for, receive, or agree to receive any bribe. Penal Code §§ 67, 68. Under a strict reading of these statutes, Penal Code Section 68 applies to bribery of a "ministerial officer, employee, or appointee," and Penal Code Section 67 applies only to bribery of an "executive officer in this state," but the courts have interpreted both statutes as having a broad scope applicable to public officials generally. People v. Nallner, 43 Cal. 2d 715, 717 (1954) (observing that Penal Code Section 67, despite its wording, is "all inclusive" and includes city officials, and that "(b]y the sixty-seventh section the offense defined is that of one who offers, by the sixty-eighth, that of one who receives a bribe"), People v. Sfrohl, 57 Cal. App. 3d 347, 360 (1976) ("Numerous California Supreme Court and appellate court decisions since 1954 have held that `executive officers' of various levels of local government, including the county level, as herein involved, come within [Penal Code] Section 67."). The Legislature also expressly made bribery of council members and supervising officials a crime, as well as solicitation of bribes by council members and supervisors. Penal Code § 165. Another statute makes it a crime for anyone to attempt to bribe "any person who may be authorized by law to hear or determine any question or controversy." Penal Code § 92. Considered together, these statutes cover the spectrum of public officials. The term "bribe" signifies anything of value or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence, unlawfully, the person to whom it is given, in his or her action, vote, or opinion, in any public or official capacity. Penal Code § 7(6). Note that under all of the bribery statutes, it is not only the actual giving or accepting of a bribe that is Summary of Principal Conflicts of Interest Laws and Regulations Page 43 © 2019 Richards, Watson & Gershon 2280385 Summary of the major Provisions and Requirements of Principal conflicts of Interest Laws and Regulations criminal; merely offering to give or receive ❑ bribe constitutes a violation of law. See, e.g., People v. Pic'l (1982) 31 Cal. 3d 731, 739 (noting that a "meeting of the minds" is unnecessary for a bribery conviction). A public officer forfeits his office if he requests, receives, or agrees to receive a bribe. Penal Code § 68. In addition, every officer convicted of any crime defined in the Penal Code sections pertaining to bribery and corruption is forever disqualified from holding any office in the state. Penal Code § 98. Note also that bribery and soliciting bribery potentially violate not only the Penal Code, but also the conflict of interest statutes. For example, in Terry v. Bender, 143 Cal. App. 2d 198 (1956), a court of appeal held that a council member violated Government Code Section 1090 when he solicited and received a bribe from an attorney in exchange for the council member's vote to employ the attorney with the city. 143 Cal. App. 2d at 207 (observing that by accepting the bribe, the council member "had placed himself in a position of economic servitude" in violation of Section 1090). Because the bribe "restricted the free exercise of the discretion vested in him for the public good," there was an impermissible conflict of interest. G. campaign Contributions 1. Conflicts of Interests Arising on Appointed Boards and Commissions The Political Reform Act contains restrictions on the receipt and solicitation of campaign contributions. Under a portion of the Act known as the "Levine Act," a public agency official may not participate in decisions affecting individuals or entities who have given the official more than $250 in campaign contributions within the past 12 months. § 84308. However, a city council is not considered on "agency" for purposes of the statute. § 84308(a) (3). This disqualification therefore does not apply to a council member when participating in a decision of the council. It also does not apply to a council member who sits on the board of another agency of the city if the governing board of that agency is made up entirely of members of the city council when that member is participating in a decision of that agency. Regulation 18438.1 (a) (1 ). However, it does apply to a council member when that person is serving on the board of a joint powers authority. Importantly, this prohibition applies to planning commissioners and other officers of the public entity who are not directly elected by the voters. Thus, planning commissioners must comply with the restrictions in Government Code Section 84308. The Act also classifies campaign contributions differently than other financial interests. As discussed previously, the Act requires that public officials abstain from government decisions in which they have a financial interest, with certain exceptions. § 87100. A public official generally has a proscribed financial interest in a decision if it is reasonably foreseeable that the decision will have a material financial effect on (among other things): (i) a source of income aggregating $500 or more in value during the 12 months prior to the decision, or (ii) a donor of a gift or gifts aggregating $500 or more in value Summary of Principal Conflicts of Interest Laws and Regulations Page 44 Q 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations during the 12 months prior to the decision. § 87103(c), (e); Regulations 18700. 18940.2. Campaign contributions, however, are not considered a "financial interest" for purposes of this disqualification because they are neither "income" nor a "gift" within the meaning of the statute. §§ 82028(b) (4), 82030(b) (1). This disqualification therefore is not triggered as a result of a council member's receipt of a campaign contribution. In other words, council members acting in their capacity as elected council members are not prohibited from acting on ❑ matter which involves someone who has given them a political contribution. Regulation 18438.1(a). For example, the California Supreme Court ruled that Los Angeles City Council members were not disqualified from voting on a subdivision map by reason of receiving campaign contributions from the applicants and their agents. Woodland Hills Residents Assn, Inc. v. City Council, 26 Cai. 3d 938, 945 (1980) ("Plaintiffs' accusation that receipt of a campaign contribution inevitably results in an appearance of bias or prevents a fair hearing is unwarranted."). Similarly, a court of appeal concluded that Torrance City Council members were not disqualified from voting on a conditional use permit application by reason of receiving campaign contributions from a party alleged to be in opposition to the application. Break7one Billiards v. City of Torrance, 81 Cal. App. 4th 1205 (2000) . Receipt of a campaign contribution can, however, disqualify a public official who serves on more than one public body. For example, under the Levine Act, a council member acting on behalf of an agency other than the city must abstain from a license, permit or other use entitlement decision involving an applicant, proponent or opponent who has made a contribution to the councit member's campaign in excess of $250 within the preceding 12 months. The fact of the campaign contribution must also be disclosed prior to the abstention. This disqualification is inapplicable, however, if the campaign contribution is returned within 30 days of receipt. § 84308(c). 2. Application of Federal Corruption Laws to the Offer or Solicitation of Illegal Campaign Contributions Tied to an Official Act Another exception to the general rule that campaign contributions do not preclude an official from voting on a matter affecting a campaign contributor is the application of federal corruption laws to situations where the receipt of illegal, laundered or unreported campaign contributions are tied to an official act. In one case arising out of the City of San Diego, two council members were charged and convicted of wire fraud for conspiring to change the city's ordinance regulating adult -oriented businesses in exchange for campaign contributions from an adult -oriented business that had been illegally "laundered" through contributions made by residents of the city or which had been unreported and which constituted bribes. See United States v. lnzunza, 303 F. Supp. 2d 1041, 1043 (S.D. Cal. 2004) for a list of the charges; the case was referred to in the press as the Son Diego "Strippergate" case. The charges included the alleged use of wire communications in interstate commerce in furtherance of the alleged conspiracy to defraud the public of their intangible right to honest service, in violation of 18 J.S.C. §§ 1951 (the Hobbs Act) and 1952 (Interstate Transportation in Aid of Racketeering). One of those convictions was later overturned. However, the case points out that direct connections between official acts and illegal or unreported Summary of Principal Conflicts of Interest Laws and Regulations Page 45 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal conflicts or Interest Laws and Regulations campaign contributions may result in charges of bribery under California law and ❑ violation of certain federal wire fraud and racketeering laws. 3. Ban on Local Agency Officials and Employees Soliciting Campaign Contributions from Officials and Employees of the Same Agency In an effort to avoid local agency public employees being drawn into local political campaigns or having their positions become the subject of political reward or retribution, California law contains a prohibition on the solicitation of campaign contributions by a local agency official or employee of other officials or employees within the same local agency. Section 3205 prohibits an officer or employee of a local agency from soliciting political contributions from an officer or employee of that some local agency. The prohibition applies to incumbents seeking re-election and to non - incumbent candidates for local agency office. An exception exists for broad general public solicitations to a "significant segment of the public" that also include some local agency officials and employees of that agency. § 3205(c). No definition exists as to what constitutes a significant segment of the public. In the context of conflict of interest provisions in the Political Reform Act, that term is defined to include segments of the local agency population such as ten percent of all residents, and, in the absence of any court interpretation of the law, that standard provides some guidance on what may be a sufficiently broad solicitation to come with the scope of the exception, Violation of the prohibition is punishable as a misdemeanor and may be prosecuted only by the County District Attorney. § 3205(d). 4. Nepotism One other potential source of a conflict of interest is a governmental decision that affects a family member. If a public official's relative has an application before the government agency on which the public official serves, the public official would potentially have an improper incentive to approve the relative's application, Because the financial interests of a public official's spouse and dependent children (children under 18 years of age who are dependent financially on their parents) are attributed to the public official under the Political Reform Act and Section 1090, participation in decisions financially benefiting spouses and dependent children is limited. § § 82030, 87103; Thorpe v. Long Beach Community College Dist„ 83 Cal. App. 4th 655 (2000) (holding that Section 1090 prohibited a community college district board from voting to approve the promotion of the spouse of a board member). if the approval did not require a decision by the legislative body, however, the public entity could still potentially approve an application or make a decision if the related public official did not participate. With respect to adult children and more extended family members, the Political Reform Act and Section 1090 would not automatically apply in the absence of some financial relationship between the public official and the adult child or extended family members.22 Currently, state law only prohibits such "extended family" interests for the governing boards of school districts. Educ. Code § 35107(e). Under that statute, ❑ 22 Davies Advice Letter, No. 1-90-329, 1990 WL 698051 (1990). Summary of Principal Conflicts of Interest Laws and Regulations Page 46 0 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interesf Laws and Regulations school board member must abstain from participating in personnel matters that uniquely affect his or her relative. "Relative" is defined as an adult who is related to the official by blood or affinity within the third degree, or in an adoptive relationship within the third degree, There is no comparable statute for cities and counties. but some local governments have established similar restrictions through ordinances or policies. The issue of familial relations comes up more frequently in the context of personnel decisions, as when a public entity prohibits the hiring of relatives of public officials or employees. Such anti -nepotism policies are generally upheld by the courts. For example, in Parsons v. County of Del Norte, 728 F. 2d 1234 (9th Cir. 1984), the Ninth Circuit upheld a county policy prohibiting spouses from working in the same department. The Ninth Circuit held that the policy did not via{ate the Equal Protection and Due Process clauses of the U.S. Constitution and was rationally related to a legitimate government interest: avoidance of conflicts of interest and favoritism in employee hiring, supervision and allocation of duties. See also Kimura v. Roberts, 89 Cal. App. 3d 871, 875 (1979) (upholding a policy prohibiting spouses from serving on bath the city council and planning commission, reasoning that "the finding of the mayor and the city council that an actual or implied conflict of interest existed, is eminently rational, practical and legally sound"). Note, however, that state law prohibits the application of anti -nepotism rules to spouses in some circumstances. The Fair Employment and Housing Act prohibits an employer from making an employment decision based on whether an employee or applicant has a spouse presently employed, except in two specific situations: • For business reasons of supervision, safety, security or morale, an employer may refuse to place one spouse under the direct supervision of the other spouse. • For business reasons of supervision, security or morale, an employer may refuse to place both spouses in the same department, division or facility if the work involves potential conflicts of interest or other hazards greater for married couples than for other persons. 2 C.C.R. § 7292.5(a) (emphasis added). Accordingly, any anti -nepotism policy that a city or county adopts must not apply to the hiring of spouses, except in cases of direct supervision, where greater conflicts or hazards occur for married persons, or where a conflict of interest statute applies. Summary of Principal Conflicts of Interest Laws and Regulations Page 47 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations III, LAWS AND REGULATIONS AFFECTING RECEIPT OF GIFTS, HONORARIA AND LOANS The PRA provisions and other conflict of interest laws discussed above d❑ not prohibit a public official from having an interest in a business or real property. Instead, they merely limit the official's ability to participate in governmental decisions that would materially affect those interests. There are additional restrictions in the PRA, however, with regard to certain gifts, honoraria and loans. The statute precludes local officials (including council members and planning commissioners) from receiving certain gifts, honoraria and loans. These prohibitions apply whether or not the source of the gift, honorarium or loan is or will ever be affected by a decision of the official's agency. This section outlines these prohibitions. A. Limitations on Receipt of Gifts 1. General Gift Limitation Government Code Section 89503(a) provides: "No elected state officer, elected officer of a local government agency, or other individual specified in Section 87200 shall accept gifts from any single source in any calendar year with a total value of more than [$500]." (The gift limit amount has been adjusted in accordance with Regulation 18940.2.) Officials listed in Section 87200, in turn, include mayors, council members, planning commissioners, city managers, city attorneys, city treasurers, chief administrative officers and other public officials who manage public investments, and candidates for any of these offices. A similar limitation prohibits a city employee designated in a local conflict of interest code from accepting gifts from a single source totaling more than $500 in value in any calendar year, if the gifts would be required to be reported on his or her statement of economic interests. § 89503(c). 2. Biennial Gift Limit Adjustment The Act authorizes the FPPC to make an inflationary adjustment of the gift limitations set forth in Section 89503 every two years. § 89503(f). The most recent adjustment became effective on January 1, 2019, wherein the gift limit increased to $500. Regulation 18940.2. This figure will be further adjusted in future odd -numbered years. Summary of Principal Conflicts of Interest Laws and Regulations Page 48 0 2019 Richards, Watson & Gershon 2280385 Summary of the major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 3. Exceptions to Gifts None of the following is ❑ gift and none is subject to any limitation on gifts (Regulation 18942): a. Informational Materials Informational materials such as books, reports, calendars, audio and video recordings, scale models, maps, free or discounted admission to informational conferences or seminars, and oat-sife demonstrations, tours or inspections that are provided to convey information for the purpose of assisting the official in the performance of official duties are not considered gifts. The cost of transportation for on -site demonstrations, tours or inspections may fall into this exception in particular situations. Regulations 18942(a)(1 ), 18942.1 b. Returned Gifts Except for passes and tickets as provided for in Regulation 18946.1, ❑ gift that is not used and that, within 30 days of receipt, is returned, donated, or for which reimbursement is paid pursuant to Regulation 18941, is not a gift. The donation of a gift under this exception must be to either a 501(c) (3) charitable organization with which the official or a member of his or her family holds no position or to a government agency, without being claimed as a tax deduction. Regulation 18942(a)(2). C. Family Gifts A payment from an individu❑l's family member is not subject to the gift limitations, unless the donor is acting as an agent or intermediary for any other person. The family members included in this exception are a spouse or former spouse, child or stepchild, parent, grandparent, grandchild, brother, sister, current or former parent -in-law, current or former brother-in-law, current or former sister-in-law, nephew, niece, aunt, uncle, grand nephew, grand niece, grand aunt, grand uncle, first cousin or first cousin once removed, or the current or former spouse of any such person other than a former in-law. Regulation 18942(a)(3). d. Campaign Contributions Campaign contributions that are reported in accordance with separate provisions of the Act are not subject to gift limitations. Regulation 18942(a)(4). e. Inherited Money or Property_ Devises or inheritances of any kind are exempt from gift limitations. Regulation 18942(a) (5). f. Awards A personalized plaque or trophy with an individual value of less than $250 is not a gift. Regulation 18942(a)(6). Summary of Principal Conflicts of Interest Laws and Regulations Page 49 Q 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations g. Home Hospitality The cost of home hospitality is not considered a gift unless any part of the cost is paid directly or reimbursed by another person, any person deducts any part of the cost as a business expense on a tax return, or the host has an understanding with someone else that any amount of compensation the host receives from that person includes a portion to be utilized to provide gifts of hospitality. Regulation 18942(a) (7) . "Home hospitality" is defined as any benefit received by the official, and the officials spouse and family members when accompanying the official, which is provided by an individual with whom the official has a relationship, connection, or association unrelated to the official's position and the hospitality is provided as part of that relationship, connection, or association in the individual's home when the individual is present. Home hospitality includes entertainment, occasional overnight lodging, and any food, including food provided by other guests at the event and benefits received by the official when the official serves as the host. In determining where this exception is available, the official is to presume that the cost of the hospitality is paid by the host unless the host discloses to the official or if is clear from the surrounding circumstances that someone other than the host paid the cost or part of the cost of the hospitality. Regulation 18942.2. A "home" includes a vacation home owned, rented, or [eased by the individual for use as his or her residence, including in some cases a timeshare or a motor home or boat owned, rented, or leased by the individual for use as his or her residence. "Home" also includes any facility in which the individual has a right -to -use benefit by his or her home residency, such as a community clubhouse. Regulation 18942.2. h. Presents on Personal or Family Occasions Benefits commonly exchanged between an official and an individual, other than a lobbyist, on holidays, birthdays, or similar occasions are not gifts as long as the presents exchanged are not substantially disproportionate in value. For purposes of this exception, "benefits commonly exchanged" includes food, entertainment, and nominal benefits provided to guests at an event by an honoree or other individual, other than a lobbyist, hosting the event. Regulation 18942(a) (8) (A). i. Reciprocal Exchanges Reciprocal exchanges made in a social relationship between an official and another individual who is not a lobbyist and with whom the official participates in repeated social events are not gifts where the parties typically rotate payments on a continuing basis so that, over time, each party pays for approximately his or her share of the costs of the continuing activities. The repeated social events may include lunches, dinners, rounds of golf, attendance at entertainment or sporting events, or any other such event so long as the total value of payments received by the official within the year is not substantially disproportionate to the amount paid by the official. If the official receives much more than what he or she paid, the official has received a gift for the excess amount. This exception does not apply to any single payment that is equal to or greater than $500. Regulation 18942(a) (8) (B). Summary of Principal Conflicts of Interest Laws and Regulations Page 50 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulrafions j. Leave Credits Donated to an Official Leave credits, including vacation, sick leave, or compensatory time off. donated to an official in accordance with a bona fide catastrophic or similar emergency leave program established by the official's employer are not gifts as long as they are available to all employees in the some job classification or position. This exception does not include donations of cash, Regulation 18942(a) (9) . k. Disaster Assistance Payments received under a government agency program or a program established by a 501(c) (3) organization designed to provide disaster relief or food, shelter, or similar assistance to qualified recipients are not gifts as long as such payments are available to members of the public regardless of official status. Regulation 18942(a)( 10). I. Admission when "Speech" Made Payment of the official's admission by the organizer of an event is exempt from the gift limitations if the officia# makes a "speech" at the event. Regulation 18942(a) (1 1) . This exemption applies if the official is "making a speech, participating on a panel, or making a substantive formal presentation at a seminar or similar event." Regulation 18950(b) (2). For the purpose of the exemption, the price of admission can include food and "nominal items" including things like pens, stress balls, note pads, etc. Regulation 18942(o) { 11). M. Campaign Travel The payments made to an elected officer or candidate for his or her transportation, lodging, or subsistence provided in direct connection with campaign activities, including attendance at political fundraisers, are exempt from the gift limitations. Payments made during the six-month period prior to an election are considered "in direct connection" with the campaign activities if the payment is for necessary transportation, lodging, or subsistence and used for the officer's or candidate's participation in forums, debates or other speaking events or attendance at campaign strategy meetings with staff or consultants. Beyond this six-month period, the payment is considered a gift unless it is clear from the surrounding circumstances that the payment was made directly in connection with campaign activities. Regulations 18942(a) (12), 18950.3. n. Tic ket for Ceremonial Role A ticket which is provided to an official and one guest of the official for his or her admission to on event where the official performs a ceremonial role on behalf of the agency is not a gift, so long as the agency reports the ticket on its Form 802. The term "ceremonial role" means an act performed at on event by the official as a representative of the official's agency of the request of the holder of the event where, for a period of time, the focus of the event is the act performed by the official. Examples include throwing out the first pitch at a baseball game, cutting a ribbon at a library opening, or presenting a certificate or award. A city may adopt specific paiicies Summary of Principal Conflicts of Interest Laws and Regulations Page 51 0 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations to either limit or expand the permissible ceremonial roles for an official in that city, the full list of which must be forwarded to the FPPC. Any official who attends the event as part of his or her job duties to assist the official who is performing the ceremonial role has not received a gift or income by attending the event. Regulations 18942(a)(13), 18942.3. o. Prize or Award in Bona Fide Contest or Com efition A prize or award received in a manner not related to the official's status in a 'bona fide contest, competition, or game of chance is not a gift. A prize or award that is not reported as a gift shall be reported as income unless the prize or award is received as a winning from the California State Lottery, Regulation 18942(a) (14). P. Weddings Benefits Benefits received as a guest attending a wedding or civil union are not gifts if the benefits are substantially the some as the benefits received by the other guests attending the event, Regulation 18942(a) (15). q. Bereavement 4fferinas Bereavement offerings typically provided in memory of and at the time of the passing of a spouse, parent, child, or sibling or other relative of the official are not gifts. Regulation 18942(a)(16). r. Acts of Neighborliness A service performed as an act of ordinary assistance consistent with polite behavior in a civilized society that would not normally be part of an economic transaction between like participants under similar circumstances is not ❑ gift. Examples of such services include the loan of an item, an occasional needed ride, personal assistance in making a repair, bringing in the moil or feeding the cat while the official is away. Individuals need not be actual neighbors for this exception to apply. Regulation 18942(a) (17). S. Bona Fide Date or Dafing Relationshi Personal benefits commonly exchanged between people on a date or in a dating relationship are not gifts. However, such benefits are gifts if the individual providing the benefit to the official is a lobbyist or otherwise has particular interests in the official's role in the agency within 12 months of the date. Even if the benefit is from such an individual, the gift is still not reportable or subject to limits but the aggregate value is subject to the conflict of interest provisions if the value is $500 or greater. Regulation 18942(a) (18) (A). t. Acts of Human Compassion Payments provided to an official or his or her family member by an individual to offset family medical or living expenses that the official can no longer meet without private assistance because of an accident, illness, employment loss, death in the family, or Summary of Principal Conflicts of Interest Laws and Regulations Page 52 O 2019 Richards. Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations other unexpected calamity are not gifts. Payments provided to an official or his or her family member to defray expenses associated with humanitarian efforts such as the adoption of an orphaned child are also not gifts. However, under this exception, the source of the donation must be an individual who has a prior social relationship with the official of the type where it would be common to provide such assistance (such as a relative, long-term friend, neighbor, co-worker or former co-worker, member of the same local religious or other similar organization, etc.), or the payment must be made without regard to official status under other circumstances in which it would be common to receive community outreach. In any case, the individual providing the benefit to the official cannot be a lobbyist or otherwise have particular interests in the official's role in the agency within 12 months of the payment. Regulation 18942(a) (18) (B). U. Best Friends Forever A payment provided to an official by an individual with whom the official has a long term, close personal friendship unrelated to the official's position with the agency is not ❑ gift. However, the individual providing the benefit to the official cannot be a lobbyist or otherwise have particular interests in the official's role in the agency within 12 months of the payment. Regulation 18942(a) (18) (C) . V. Catch -All Any other payment that would otherwise meet the definition of gift is not a gift where the payment is made by an individual who is not a lobbyist and it is clear that the payment was made because of an existing personal or business relationship unrelated to the official's position. Additionally, there can be no evidence whatsoever at the time the payment is made that the official makes or participates in the type of governmental decisions that may have a foreseeable material financial effect on the individual who is the source of the payment. Regulation 18942(a) (19). 4. Gifts to an Agency Regulation 18944 provides a narrow exception to the normal gift reporting requirements and value limitations for gifts made directly to a public agency. A payment made to a state or local government agency that is used for official agency business is not considered a gift or income to an individual public official who is the end recipient, even though the official receives an incidental personal benefit from the payment. As such, the gift does not have to be reported by the individual and is not subject to the annual value limitation. A payment shall be considered a gift to the public official's agency and not a gift to the public official if all of the following requirements are met., the payment must be used for official agency business; the agency head must determine and control the agency's use of the payment, including the selection of the official who will use the payment; and the agency must report the payment on a Form 801. The Form 801, which must be signed by the agency head and maintained as a public record in Summary of Principal Conflicts of Interest Laws and Regulations Page 53 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations accordance with Government Code Section 81008, must include the following information: ■ Donor Information: The reporting form requires not only the donor's name, but also his or her address, and must identify any other persons who contributed to the gift, as well as the amount each person contributed. If the donor is not an individual, the report must describe the business activity or nature of the entity giving the gift. • Description of Payment: The form requires a description of the payment, the date if was received, the intended purpose and the amount of the payment or the actual or estimated fair market value of the goods or services provided, if the amount is unknown. • Recipient Information: The form also requires that the agency specify the name, title, and department of the agency official who used the payment. Regulation 18944(c) (3). For any quarter year period in which the payments received by the agency aggregate to $2,500 or more since the last filing, a local agency must submit a copy of the form or a detailed summary of the information to its filing officer within 30 days after the close of the quarter. Thereafter, the filing officer must post a copy of the form or the information in a "prominent fashion" on its website within 30 days after the close of the quarter. If the local agency does not maintain a website, the agency must send its Form 801 to the FPPC, which will post the document on its own website. Regulation 18944(d). 5. Gifts to an Official's Family Regulation 18943 governs gifts to an official's or candidate's family. This regulation was substantially revised in late 2009 and again in 2011. Regulation 18943 adds new definitions and requirements that public officials should carefully review. Regulation 18943 adds definitions for an official's "family member." which includes an official's spouse or registered domestic partner, a dependent child, and an official's child. "Dependent child" means a child (including an adoptive child or stepchild) of a public official who is under 18 years old and whom the official is entitled to claim as a dependent on his or her federal tax return. Regulation 18229.1. An "official's child" (including an adoptive child or stepchild) means a child who meets all of the following criteria: The child is at least 18 but no more than 23 years old and is a full-time or part-time student: ■ The child has the some principal residence as the official. For purposes of this provision, a place, located away from the official's residence, at which the child resides for the purpose of attending school is not the child's "principal place of residence": and Summary of Principal Conflicts of Interest Laws and Regulations Page 54 © 2019 Richards, Watson & Gershon 2280385 Summary of the Mojor Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations The child does not provide more than one-half of his or her own support. Gifts to Both an Official and One or More Family Members. A single gift to both an official and one or more members of the official's family is a gift to the official for the full value of the gift. See "Wedding Gifts" section below for a particular exception to this rule. Gifts Solely to Family Members. A gift given solely to a member of an official's family is ❑ gift to the official, when there is no established working, social, or similar relationship between the donor and the official's family member that would suggest an appropriate association for making such a payment. A gift given to a member of an official's family is also a gift to the official if there is evidence to suggest the donor had a purpose to influence the official, such as when: • The donor is a lobbyist, lobbying firm, lobbyist employer, or other similar person and is registered to lobby the official's state agency; The donor is involved in an action or decision before the local or state government agency in which the official will reasonably foreseeably participate or in an action in which he or she has participated within the last 12 months, or • The donor has a contract with the official's agency or the donor engages in a business that regularly seeks contracts with, or licenses, permits or other entitlements from, and the official may reasonably foreseeably make or participate in such a decision or has participated in such a decision within 12 months of the time the gift is made, unless the donor has less than 10 percent interest in the business contracting with or appearing before the agency. 6. Invitation -Only Events When an official and one of his or her guests attends an invitation -only event such as a banquet, party, gala, celebration, or other similar function, other than a non-profit or political fundraiser as set forth in Regulation 18946.4, the value received is the official's and the guest's pro -rota share of the cost of the food, catering services, entertainment, and any item provided to the official and guest that is available to all guests attending the event. Regulation 18946.2(b). A calculation of the pro-rata share means the total cost of the list expenses above, divided by the number of acceptances or the number of attendees at the event. Any other specific benefit provided to the official and guest at the event, such as golf green fees. is valued at fair market value. Regulation 18946.2(b). C. Official or Ceremonial Functions When an official performs an official or ceremonial function at an invitation -only event in which the official is invited to participate by the event's sponsor or organizer to perform an official or ceremonial function, the value received is the pro -rates cost of Summary of Principal Conflicts of interest Laws and Regulations Page 55 O 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations any meal provided to the official and guest, plus the value of any specific item that is presented to the official and his or her guest at the event. Regulation 18946.2(d). b. Drop -In Visit Except for an event sponsored by a lobbyist, lobbying firm, or lobbyist employer, if an official attends an invitation -only event and does not stay for any meal or entertainment otherwise provided at the event, receiving only minimal appetizers or drinks, the value of the gift received is the value of any specific item, other than food, that is presented to the official and his or her guest at the event, For purposes of this regulation, "entertainment" means a feature show or performance intended for an audience and does not include music provided for background ambiance. Regulation 18946.2(e). C. Lobbyists, Lobbying Firms, and Lobbyist Employers Where an official attends an invitation -only event sponsored by a lobbyist, lobbying firm, or lobbyist employer, the value of the gift is the pro-rata share of the cost of the event, Regulation 18946.2(b), 18640. If the official notifies the lobbyist, lobbying firm, or lobbyist employer that the official attended the event but that he or she did not stay for any meal or entertainment, receiving only minimal appetizers and drinks, the value of the gift received is the value of any specific item (other than food) that is presented to the official and the official's guest at the event. Regulation 18640(b). Again, the term "entertainment" means a feature show or performance intended for an audience and does not include music provided for background ambiance. Regulation 18640. 7. Tickets to Political and Charitable Fundraisers Regulation 18946.4 provides special rules for tickets provided to public officials to fundraisers for nonprofit and political organizations. Such tickets are not considered gifts to a public official if certain requirements are met. This exception applies only to two tickets provided to an official, and only if it is provided directly by the charity or campaign committee: additional tickets are treated as gifts.. The requirements vary depending an whether the organization is a 501(c) (3) nonprofit, a non-501 (c) (3) nonprofit, or a political organization. a. Non-501 [c) f 3] Nonprofit Fundraiser Regulation 18946.4(a) provides that a ticket to a fundraising event for a nonprofit, tax- exempt organization that is neither a political campaign committee nor a 501(c) (3) nonprofit shall be valued as follows: • Where the ticket to the fundraiser clearly states that a portion of the ticket price is a donation to the organization, or the organization provides information indicating the portion of the admission price that constitutes the donation, then the value of the gift is the face value of the ticket or admission reduced by the amount of the donation - i.e., the "nondeductible portion" of the price of admission. Summary of Principal Conflicts of Interest Laws and Regulations Page 56 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • If there is no ticket or other official information provided by the organization indicating the value of the nondeductible portion of admission, the value of the gift is the pro -rota share of the cost of any food, catering service, entertainment. and any other item provided to the official that is available to the other guests. A calculation of the pro -rota share means the total cost of the listed expenses, divided by the number of acceptances or the number of attendees. Any other specific benefit provided to the official at the event, such as golf green fees, is valued at fair market value. b. Fundraiser for a 501 c 3 Rellig ious Charitable Scientific Literary or Educational Organization Where the event is a fundraising event for an organization exempt from taxation under Internal Revenue Code Section 501 (c) (3), such an organization may provide two tickets per event to an official, and the ticket shall have no value. Regulation 18946.4(b). Any additional tickets or admissions provided by the 501 (c) (3) organization, any tickets provided to or controlled by the official, and any tickets not provided directly by the 501 (c) (3) are valued as tickets from a non-501 (c) (3) nonprofit. Regulation 18946.4(b). c. Political Fundraiser For the gift of a ticket, pass, or other admission privilege to a political fundraising event for ❑ "campaign committee" or a comparable committee regulated under federal law or the laws of another state, the committee or candidate may provide two tickets per event to an official that shall be deemed to have no value. A "campaign committee" is any person or persons who directly or indirectly receives contributions totaling two thousand dollars ($2,000) or more in a calendar year (note. this was increased from $1,000 in 2015), makes independent expenditures totaling one thousand dollars ($1,000) or more in a calendar year, or makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to or at the behest of candidates or committees. Regulation 18406; § 82013. 8. Tickets and Passes to Events a. Exem t from Reuorting Requirements and Value Restrictions In 2010 and 2011, the FPPC completely revised the regulations regarding tickets and passes that provide admission or access to facilities. Regulation 18944.1 applies only to the benefits the official receives from tickets or passes given to an agency for admission to a facility, event, show or performance for an entertainment. amusement, recreational or similar purpose that are provided to all members of the public with the some class of ticket or pass. The regulation does not apply to: tickets to lunch or dinner events such as non-profit fundraisers where there is no recreation or entertainment; tickets provided in which the official performs a ceremonial role; or, admission provided to a school, college or university official, coach, athletic director or employee to attend an amateur event performed by students of that school, college or university. Accordingly, when a public official receives a ticket or pass from an agency and the Summary of Principal Conflicts of Interest Laws and Regulations Page 57 fl 2019 Richards. Watson & Gershon 2280385 Summary of the Major Provisions and Requiremenfs of Principal Confiicfs of Interest Laws and Reguiafions official uses the ticket or pass, it does not have to be reported as a gift if one or more of the following exceptions apply: • Reimbursement. The ticket or pass is not considered a gift if the official reimburses the agency for the ticket. • Treated as Income. The ticket or pass is not considered a gift if the official treats the ticket or pass as income consistent with applicable state and federal income tax laws and the agency reports the distribution of the ticket or pass as income on its Form 802. • Agency -Distributed Ticket or Pass from Outside Source. If a third party gives a ticket or pass to an agency, and the agency then distributes the ticket to an official for his or her use, it is not a gift so long as: the original source of the ticket or pass has not earmarked it for use by particular agency officials, the agency determines in its sole discretion who uses the ticket or pass: and the distribution of the ticket or pass by the agency is made in accordance with a legitimate policy adopted by the agency, as described below. ■ Agency -Provided Ticket or Pass. A ticket or pass that an agency (1) obtains pursuant to the terms of a contract for use of public property, (2) obtains or controls because the agency controls the event or venue, or (3) purchases at fair market value and distributes in accordance with a legitimate policy adopted by the agency, as described below, is not a gift. b. Written Policy for Distribution of Tickets. The distribution of tickets and passes described above must be made pursuant to a written policy approved by the agency's legislative or governing body and posted on the agency website and maintained as a public record, subject to inspection and copying. Regulation 18944.1(e). The policy must contain the following: (1) a provision setting forth the public purposes of the agency for which tickets or passes may be distributed, which may include supporting general employee morale, retention or to reward public service if tickets or passes are given to officials who are not elected; (2) a provision requiring that the distribution of any ticket or pass to, or at the behest of, an official accomplish a stated public purpose of the agency: and (3) a provision prohibiting the transfer of any ticket received by an agency official, except to his or her immediate family or no more than one guest. The agency's legislative or governing body must determine whether the distribution of tickets or passes serves a legitimate public purpose of the agency, consistent with state law. C. Form 802 for Rel2orting Distribution of Tickets and Passes. Within 45 days of receiving a ticket or pass, the head of the agency must fill out and certify a Form 802 describing the distribution of tickets or passes to an official. The Form 802 requires: (1) the name of the official who received the ticket or pass, (2) a Summary of Principal Conflicts of Interest Laws and Regulations Page 58 Q 2019 Richards. Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations description and date of the event, (3) the face value of each ticket or pass, (4) the number of tickets or passes distributed to the official, (5) if the official gave the ticket or pass to another person, the name of that person, and (6) the specific public purpose under which the distribution was made or that the ticket or pass was distributed as income to the official. This form must be maintained as a public record, subject to Inspection and copying. The agency must post the form, or a summary of its contents, on its website and send the FPPC, by e-mail, the agency's website link for posting on its website. Regulation 18944.1(f). 9. Gifts from a Government Agency to an Official in That Agency A payment by an agency that provides Food, beverage, entertainment, goods or services of more than ❑ nominal value to an official in that agency is a reportable gift to that official, unless the payment is ❑ "lawful expenditure of public moneys." Regulation 18944.3. Several commentators have questioned the need or usefulness of this regulation because a public agency is already prohibited from making a payment that is not a "lawful expenditure of public moneys." Boiled down, the regulation states that it is illegal for an agency to give a gift unless the gift is legal. Until the FPPC issues some formal opinions or advice letters clarifying the regulation. or revises the text, its immediate application is unclear, 10. Wedding Gifts The value to an official of a wedding gift given to an official and his or her spouse or spouse -to -be is one-half of the gift's total value. Regulation 18946.3. This is an exception to the general rule, described above in "Gifts to an Official's Family," that a single gift to both an official and one or more members of the official's family is a gift to the official for the full value of the gift. The value of a wedding gift may exceed the gift limit, currently set at $500. Regulation 18942(b) (2). 11. Certain Gifts of Travel Payments for travel for a public official are generally subject to the annual gift limit, unless the payment is otherwise exempt. FPPC regulations state that a "payment for travel" includes "any payment that provides transportation to an official from one location to another location," as well as the cost of lodging and food connected with the travel. Regulation 18950(b). For reporting purposes, payments of air travel are valued in accordance with FPPC regulation 18946.5, as follows. Air travel is valued as the price the carrier charges the public for the some class seat on the flight provided to the official in the case of a commercial flight. The value of ail other air transportation is the value of the normal and usual charter fare or rental charge for a comparable airplane of comparable size, divided by the number of passengers aboard the flight. Summary of Principal Conflicts of Interest Laws and Regulations Page 59 © 2019 Richards, Watson & Gershon 22803B5 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Exceptions for certain gifts of travel are found in both the Act and the FPPC regulations, which are discussed below, The FPPC regulations on this point were substantially revised in 2013. Public officials should review these exceptions closely and consult with the agency's legal counsel before relying on them. a. Travel payments related to speeches that serve a governmental purpose Section 89506(a) (1) exempts from the gift limit any payments, advances, and reimbursements for travel that are reasonably related to a legislative or governmental purpose or issue of public policy if made in connection with a speech made by the official in the U.S. § 89506(a) (1); Regulation 18950(b). These types of payments for travel are not subject to the gift limit, but they must still be reported on a public official's Form 700. § 89506(a) (1); Regulation 18950(a) . b. Travel payments related to a governmenial Durpose made by governmeni agencies and certain non -profits Section 89506(a) (2) exempts from the gift limit any payments, advances, and reimbursements for travel that are reasonably related to a legislative or governmental purpose or issue of public policy if provided by a governmental agency, a 501(c) (3) nonprofit,�3 and a few other limited organizations/persons. § 89506(a) (2), These types of payments for travel are generally not subject to the gift limit, but they must still be reported on a public official's Form 700. § 89506(a)(2); Regulation 18950(a). However, Section 89506(f) (3) now clarifies that if a nonprofit is acting as an intermediary or agent of a donor, then the $500 gift limitation would apply and the original donor must be listed as the source of the gift to the official, as well as considered a financial interest for the purpose of conflicts analysis. § 89506(f) (3). c. Travel for education training, or intral-agency purposes Any payment for travel and per diem expenses received from a state, local, or federal agency is not a gift or income if used by the official for "education, training, or other inter -agency programs or purposes." Regulation 18950(c) (2). d. Travel in a vehicle or Diane owned by another official or a enc Regulation 18950(c) (3) provides that "transportation provided to an official in a vehicle or aircraft owned by another official or agency when each official is traveling to or from the some location for an event as a representative of their respective offices" does not constitute a "payment" and therefore does not count as a gift. Regulation 18950(c) (3) . za With respect to nonprofit organizations that regularly organize and host travel for elected officials and that make payments, advances, or reimbursements totaling more than $10,000 for a calendar year or $5,000 to an individual person, the Act now requires the nonprofits to disclose the names of donors responsible for funding the travel costs. § 89506(f). An organization "regularly organizes and hosts travel" if the organization's expenses for travel, study fours, or conferences constitutes more than one third of its total expenses. Id. In that case. the nonprofit must disclose the names of donors who contributed $1,000 or more to the nonprofit organization and who accompanied the elected official, either in person or through an agent, for any portion of the travel. § 89506(f). Summary of Principal Conflicts of interest Laws and Regulations Page 60 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations e. Travel Made in Conjunction with Official A-gency Business Regulation 18950.1 provides an exception for travel provided by sources other than local, state, or federal agencies if the travel is made in conjunction with certain types of official agency business. This exemption applies only to travel payments that meet all of the fallowing requirements: • The payment is made directly to or coordinated with the government employer and not made to the employee: The payment is used for official agency business: • The government employer determines which official will use the payment for travel, • The payment provides no personal benefit to the official who uses the payment: • The duration of travel is limited to that necessary to accomplish the purposes for which the travel was provided; and The government employer reports the payment, as specified below. The first requirement above - that the payment is made directly to or coordinated with the agency -- is satisfied if the government employer selects the public official who will use the payment for travel. If, however, the payment relates to an oral presentation to provide training or discuss policy and direction in implementing the agency's functions, the donor of the payment may request the official who is most qualified to make the presentation. Regulation 18950.1 (d). The second requirement above - that the payment be used for official agency business - is satisfied under any of the following circumstances: � The payment is made pursuant to a provision in a contract requiring the contracting party to pay any expenses associated with any required governmental travel resulting from the government agency's participation in the contract and the payment is used for that purpose; The payment is made for the travel expenses of an official for the purpose of performing a regulatory inspection or auditing function that the governmental employer is mandated to perform; The payment is made for the travel expenses of an official and the official is attending solely for purposes of providing training or educational information directly related to the governmental employer's functions or duties under the laws that it administers for individuals who are affected by those laws, and the payment is made by an organization to provide such training for its members: Summary of Principal Conflicts of Interest Laws and Regulations Page 61 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations f The payment is made for the travel expenses of an official to an educational conference directly related to the governmental employer's functions or duties under the laws that it administers, the official is a named presenter at the conference, and the payment is made by the organizers of the event; The payment is made for the travel expenses of an official for the purpose of receiving training directly related to the official's job duties and the payment is provided by an organization that commonly provides such training; The payment is made for food provided to all attendees at a working group meeting in which the agency official participates as a representative of his or her agency in a working group meeting under his or her officially assigned job duties and the agency is authorized to provide an official to attend the meeting; or The payment is for travel expenses that are required to attend a location to view an in place operation, structure, facility, or available product where the viewing would substantially enhance an official's knowledge and understanding in making an informed decision to enter into a contract regarding a similar operation, structure, facility or purchase of the product pursuant to the jurisdictional authority of the official's governmental employer. The fourth requirement above - that the payment of travel does not provide a personal benefit to the official - is satisfied under Regulation 18950.1(e) if both of the following requirements are met: The travel is for purposes approved by the governmental employer under the same requirements applicable to travel using its own funds, and the official is representing his or her governmental employer in the course and scope of his or her official duties. Travel expenses are limited to no more than the expenses allowable for travel for agency business that would reasonably be paid at agency expense. The latter requirement does not apply to either of the following: ■ Payment for food where food is provided as part of the admission to the event. Otherwise, any payments for food must be made to the government employer pursuant to the employer's per diem travel policy. Reguiafion 18950.1(b). ■ Payment for any lodging or food if the lodging and food is provided at a site where the official attends a widely attended meeting or conference and the value is substantially equivalent in Summary of Principal Conflicts of Interest Laws and Regulations Page 62 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Con fficis of Interest Laws and Regulations value to the lodging or food typically made available to the other attendees. Regulation 18950.1(g). The sixth requirement above - that the payment is reported - is satisfied by the agency reporting the payment on a quarterly basis on a form prescribed by the FPPC. Regulation 18950.1(f). All such forms must be maintained as a public record and subject to inspection and copying under Government Code Section 81008. f. Travel in Connection with Bona Fide Business The FPPC regulations reiterate the general rule in Government Code Section 89506, whereby a payment made for transportation, lodging, or food, which is made in connection with a bona fide business trade, or profession, and which satisfies the criteria for federal income tax deductions for business expenses specified in Internal Revenue Code Sections 162 and 274, is not an honorarium or gift. unless the sole or predominant activity of the business, trade or profession is making speeches. Regulation 18950.2. g. Travel Paid from Campoicin Funds A payment made to an official who is a candidate to cover his or her transportation, lodging or food, in connection with campaign activities, is a contribution to the campaign committee of that official. Regulation 18950.3(a). A payment made to an official by or at the behest of ❑ committee for the official's actual travel expenses (including food and lodging), or for other actual and allowable campaign expenses, is neither income nor a gift to the official so long as the expenses are reportable by the committee under the relevant sections of the Political Reform Act (Government Code Sections 84100 et seq.) or applicable federal law. Any other payment for travel from a committee to an official that is not covered by Regulation 18950.3(a) and (b) is income or a gift. Summary of Principal Conflicts of Interest Laws and Regulations Page 63 2019 Richards, Watson & Gershon 2280385 summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations B. Prohibitions on Receipt of Honoraria Government Code Section 89502 provides that an elected officer of a local government agency and any official listed in Section 87200 shall not accept an honorarium. This prohibition also applies to candidates for elective office in a local government agency. § 89502(b). An "honorarium" meads any payment made in consideration for any speech given, article published, or attendance at any public or private conference, convention, meeting, social event, meal, or like gathering. § 89501. 1. Exceptions to the Prohibition on Honoraria a. Earned Income Exception "Honorarium" does not include income earned for personat services if; • The services are provided in connection with an individual's business or the individual's practice of or employment in a bona fide business, trade, or profession, such as teaching, practicing law, medicine, insurance, real estate, banking, or building contracting; and • The services are customarily provided in connection with the business, trade, or profession. Regulation 18932. b. Informational Materials "Honorarium" does not include informational materials such as books, calendars, videotapes, or free or discounted admission to educational conferences that are provided to assist the official in the performance of official duties. Regulation 18932.4(a). C. Family Payments "Honorarium" does not include a payment received from one's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle or first cousin or the spouse of any such person. However, a payment from any such person is an honorarium if the donor is acting as an agent or intermediary for any person not listed in this paragraph. Regulation 18932.4(b). d. Cam ai n Contributions "Honorarium" does not include a campaign contribution that is required to be reported. Regulation 18932.4(c). Summary of Principal Conflicts of Interest Laws and Regulations Page 64 © 2019 Richards. Watson & Gershon 2280385 of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations e. Personalized Plaque or TroQhy- "Honorarium" does not include a personalized plaque or trophy with an individual value of less than $250. Regulation 18932.4(d). f. Admission and Incidentals at Place of Speech "Honorarium" does not include free admission, refreshments and similar non -cash nominal benefits provided to an official during the entire event at which the official gives a speech, participates in a panel or seminar, or provides a similar service, and actual intrastate transportation and any necessary lodging and subsistence provided directly in connection with the speech, panel, seminar, or service, including but not limited to meals and beverages on the day of the activity, Regulation 18932.4(e). g. Incidentals at Private Conference Likewise, "honorarium" does not include any of the following items, when provided to an individual who attends any public or private conference, convention, meeting, social event, meal, or like gathering without providing any substantive service: ■ Benefits, other than cash, provided at the conference, convention, meeting, social event, meal, or gathering; or ■ Free admission and food or beverages provided at the conference, convention, meeting, social event, meal, or gathering. However, the foregoing may be reportable as gifts. Regulation 18932.4(f). h. Travel that Is Exempt from Gifts Any payment made for transportation, lodging, and subsistence that is exempt by the gift exceptions listed in Section 89506 and Regulation 18950 et seq. also does not constitute an honorarium. Regulation 18932.4(g). C. Prohibitions on Receipt of Certain Types of Loans 1. Prohibition on Loans Exceeding $250 from other City Officials, Employees, Consultants and Contractors Elected officials and other city officials specified in Section 87200, including council members, may not receive a personal loan that exceeds $250 at any given time from an officer, employee. member or consultant of their city or any local government agency over which their city exercises direction and control. § 87460(a), (b). In addition, elected officials and other city officials specified in Section 87200 may not receive ❑ personal loan that exceeds $250 at any given time from any individual or entity that has a contract with their city or any agency over which their city exercises direction and control. § 87460(c), (d). Summary of Principal Conflicts of Interest laws and Regulations Page 65 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 2. Requirement for loans of $500 or More from Other Persons and Entities to Be in Writing Elected local officials may not receive a personal loan of $500 or more unless the loan is made in writing and clearly states the terms of the loan. The ban document must include the names of the parties to the loan agreement, as well as the date, amount, interest rate, and term of the loan. The loan document must also include the date or dates when payments are due and the amount of the payments. § 87461. 3. Exceptions to Loan Limits and Documentation Requirements The following loans are not subject to the limits and documentation requirements specified in paragraphs 1 and 2 above: • Loans received from banks or other financial institutions, and retail or credit card transactions, made in the normal course of business on terms available to members of the public without regard to official status. ■ Loans received by an elected officer's or candidate's campaign committee. ■ Loans received from the elected or appointed official's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in- law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person unless he or she is acting as an agent or intermediary for another person not covered by this exemption. • Loans made, or offered in writing, prior to January 1, 1998. 4. Loans that Become Gifts are Subject to the Gift Prohibition Under the following circumstances, as stated in Government Code Section 87462, a personal loan received by any public official (elected and other officials specified in Section 87200, as well as any other local government official or employee required to file a Statement of Economic Interests) may become a gift and subject to gift and reporting limitations: • If the loan has a defined date or dates for repayment and has not been repaid, the loan will become a gift when the statute of limitations for filing an action for default has expired. • If the loan has no defined date or dates for repayment, the loan will become a gift if it remains unpaid when one year has elapsed from the later of. the date the loan was made, the date the last payment of $100 or more was made on the loan; or the date upon which the official has made payments aggregating to less than $250 during the previous 12- month period. Summary of Principal conflicts of Interest Laws and 'Regulations Page 66 © 2019 Richards, Watson & Gershon 2280385 Summary of the major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 5. Exceptions - Loans that Do Not Become Gifts The following loans will not become gifts to an official: 40 A loan made to an elected officer's or candidate's campaign committee. • A loan on which the creditor has taken reasonable action to collect the balance due. • A loan described above on which the Creditor, based on reasonable business considerations, has not undertaken collection action. (However, except in a criminal action, the creditor has the burden of proving that the decision not to take collection action was based an reasonable business considerations.) ib A loan made to an official who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. • A loan that would not be considered a gift as outlined in paragraph 3 above (e.g., loans from family members). § 87462. Summary of Principal Conflicts of Interest Laws and Regulations Page 61 u 2019 Richards. Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations IV. PROHIBITION AGAINST MASS MAILINGS The Political Reform Act also prohibits the sending of newsletters and other so-called "mass mailings" at public expense. §§ 89001, 89002.24 A "mass mailing" is defined as the mailing or distribution at public expense of 200 or more items within a calendar month featuring the name, office, photograph or other reference to an elected officer of the agency. § 82041.5. The Government Code also prohibits a mass mailing from being sent within the 60 days preceding an election by or on behalf of a candidate whose name appears on the ballot. § 89003. The underlying intent of the Government Code provision and the implementing FPPC Regulation is to preclude elected officials from using public agency newsletters as indirect campaign flyers for themselves. The law and regulations are intended to clamp down on prior abuses of newsletters so that elected officials cannot use publicly funded newsletters to bolster their name or accomplishments while in office. A. Test for Prohibited Mass Mailing The FPPC regulations previously included a four prong test to determine the legality of mass mailings. Under the statutory text, which now incorporates the requirements from the prior regulation, a mass mailing is prohibited if each of the following elements is present: ■ it includes the delivery of a tangible item, It "features" an elected officer, or includes a reference to, an elected officer and is sent in cooperation with the elected officer, ■ it is sent at public expense, • a quantity of more than 200 substantially similar items are sent in a single calendar month. § 89002. Most public agencies that publish newsletters attempt to avoid the prohibition by ensuring that the newsletter does not meet the second element of the test_ Each of the four elements is discussed in numerical order below. 1. Delivery of Tangible Item First, a court will determine whether any "item sent is delivered, by any means, to the recipient at his or her residence, place of employment or business, or post office box. The item delivered to the recipient must be a tangible item, such as a videotape, record, or button, or a written document," § 89002(a)(1). This means that if a city intends to deliver a written document, such as a city newsletter, by U.S. mail or by hand to residents or businesses, this element is satisfied. =" section 89002 incorporates Regulation 18901 into the statutory language to clarity the circumstances when a mailing would be prohibited by the general rule in Section 89001 and to identity certain situations when the prohibition would not apply. The FPPC has repealed Regulation 18901 now that the statute includes the some text. Summary of Principal Conflicts of Interest Laws and Regulations Page 68 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 2. Features or Includes Reference to an Elected Official The second part of the test is the most important and requires that the ifem sent either; • Features an elected officer affiliated with the agency which produces or sends the mailing, or • Includes the name, office, photograph, or other reference to an elected officer affiliated with the agency which produces or sends the mailing, and is prepared or sent in cooperation. consultation, coordination, or concert with the elected officer. § 89002(a)(2). The term "features an elected officer" is defined to mean that "the item mailed includes the elected officer's photograph or signature or singles out the ejected officer by the manner of display of his or her name or office in the layout of the document, such as by headlines, captions, type size, type face, or type color." § 89002(c)(2). And the term "elected officer affiliated with the agency" in this manner means "an elected officer who is a member, officer, or employee of the agency, or of a subunit thereof such as ❑ committee, or who has supervisory control over the agency or appoints one or more members of the agency." § 89002(c) j 1 j. This means that if the written document includes the photograph of a council member, even if it just shows the council member cutting a ribbon on a civic project or giving out a plaque to a member of the community, this element would be satisfied. It also precludes articles about an elected city official or articles in which they are "singled out" for discussion or reference, The other way this second part of the mass mailing test can be satisfied is if an elected city official's "name, office, photograph, or other reference" is included in a written document and the document, or any part of it "is prepared or sent in cooperation, consultation, coordination, or concert with the elected officer." This restriction presents elected officials with a choice. If the elected official involves him or herself in the preparation of the document, then even the official's name is excluded from appearing in the document pursuant to this second subpart, If, on the other hand, the elected official does not involve him or herself in the preparation of the document, his or her name may appear in the document, but not in a way that it is "featured" by way of headlines, captions, type size, Type face, or type color. 3. Public Expense The third part of the test is whether: Any of the costs of distribution are paid for with public money, or Costs of design, production, and printing exceeding $50 are paid with public money, and the design, production, or printing is done with the intent of sending the item other than as permitted by the statute. Summary of Principal Conflicts of Interest Lows and Regulations Page 59 Q 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Lows and Regulations § 89002(a)(3). This part of the test precludes the city from either paying the costs of mailing a mass mailing, or paying more than $50 of the cost of having it produced if another person or entity pays for the cost of distributing the mailing. 4. More than 200 Copies of the Item The fourth and final element of the test to determine whether a mass mailing is prohibited is whether "[mlore than 200 substantially similar items are sent in a single calendar month, excluding any item sent in response to an unsolicited request..." § 89002(a)(4). This means that if more than 200 copies of the same written document, such as a city newsletter, are sent to the public in the some month, this element will be satisfied, with minor exceptions discussed below, A city newsletter is particularly prone to violating the mass mailing proscriptions, especially the first, third and fourth elements of the test. The key to a lawful newsletter is to ensure that each issue of the newsletter fully avoids meeting the criteria of the second element of the test. This means that the newsletter cannot "feature" an elected city official and cannot include an elected official's name or reference if that official participates in the preparation of the newsletter, as discussed above. For example, many cities issue proclamations and awards at council meetings, and it is customary for an honoree to be photographed with the mayor. In order to comply with the mass mailing restrictions, the cities tape two photographs: one of the honoree shaking the mayor's hand, for distribution to non -city publications such as a local newspaper, and one of the honoree standing alone, for publication in the city newsletter. B. Exceptions to the Mass Mailing Prohibition The statute now contains a list of certain types of documents that are exempt from the prohibition of mass mailings. The first of these documents is a letter on city letterhead where the elected official's name only appears in the letterhead along with a list of all other elected officers of the city and the letter does not contain other references to the elected official. § 89002(b)(1). Linder this exemption, a non -elected official, such as the city manager, may send a letter on city letterhead at city expense to members of the community but an elected officer, such as the mayor, cannot do the same because the signature on the letter will be considered a separate reference to the elected official. If a letter signed by the mayor is to be sent to the community, a private individual or group would have to pay for the cost of producing and sending that letter. Other exemptions include press releases to the media, inter -agency communications, intro -agency communications, tax statements and bills, telephone directories, limited meeting or event announcements, and meeting agendas. § 89002(b). All of these items are subject to their own specific limitations, as set forth in the statutory text. Summary of Principal Conflicts of Interest Laws and Regulations Page 70 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provis'rons and Requirements of Principat Conflicts of Interest Laws and Regulations V. EXPENDITURES TO SUPPORT OR DEFEAT A BALLOT MEASURE A local government may not spend public funds to assist with the passage or defeat of an initiative or other ballot measure or to contribute to a campaign for or against a candidate. § 54964. Public monies may not be spent on commercials, announcements, banners or any other promotional materials. This is based on the theory that it would be unfair to voters with opposing views to use public funds in this way. The prohibition also serves to prevent elected officials from using government funds to promote themselves or their allies in office. Stanson v. Mott, 17 Cal, 3d 206, 217 (1976); League of Women Voters v. County -Wide Criminal Justice Coordinating Common, 203 Cal. App, 3d 529 (1988). However, this section does not prohibit the expenditure of city funds to provide information to the public about the possible effects of the ballot measure on the activities, operations, or policies of the city, as long as these activities are otherwise allowed under California law, and the information is factual, accurate, fair, and impartial. § 54964(c). The leading California case setting forth the basic rule with respect to government involvement in political campaigns is Stanson v. Mott, 17 Cal. 3d 206 (1976), In Stanson. the California Supreme Court addressed the question of whether the State Director of Beaches and Parks was authorized to expend public funds in support of certain state bond measures for the enhancement of state and local recreational facilities. The court concluded that the Director lacked such authority and set forth the basic rule that "in the absence of clear and explicit legislative authorization, ❑ public agency may not expend public funds to promote a partisan position in an election campaign." Only impartial "informational" communications would be permissible, such as a fair presentation of the facts in response to a citizen's request for information. The Stanson Court also recognized that the line between improper "campaign" expenditures and proper "informational" activities is not always clear. "[T]he determination of the propriety or impropriety of the expenditure depends upon a careful consideration of such factors as the style, tenor and timing of the publication; no hard and fast rule governs every case." Id. at 221-22. The Stanson test was reaffirmed by the California Supreme Court in Vargas v. City of Salinas, 46 Cal. 4th 1 (2009) . Prior to Vargas, courts attempting to interpret and apply Stanson used varying tests to determine the permissibility of expenditures. For example, in California Common Cause v. Duffy, an appellate court held that a local sheriff's use of public facilities and personnel to distribute postcards critical of then -Supreme Court Justice Rose Bird was "political" and not "informational" as permitted by Stanson because the cards presented only one side of Justice Bird's fitness to be retained in office. 200 Cal. App. 3d 730, 746-747 (1987). In another appellate decision, Schroeder v. City Council of Irvine, another court of appeal upheld Irvine's "Vote 2000" Program. 97 Cal. App. 4th 174 (2002). The program encouraged voter registration, without specifically advocating a particular position on any measure. Although the city had taken a public position in Summary of Principal Conflicts of Interest Laws and Regulations Page 71 © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations favor of the proposed ballot measure, the materials it distributed did not advocate any particular vote on the measure and rarely mentioned the measure at all. The Schroeder court held that the funds spent on the Vote 2000 program would be political expenditures and unlawful under Stanson only if the communications expressly advocated, or taken as a whole unambiguously urged, the passage or defeat of the measure. Because the city presented a neutral position on "Measure F," at least in the campaign materials, the court upheld the program as valid. However, in Vargas v. City of Salinas, the California Supreme Court decided that "express advocacy" is an insufficient standard. In Vargas, proponents of a local ballot initiative to repeal the city's utility users tax ("Measure 0") sued the city alleging improper government expenditures, the court held that even if a communication does not expressly advocate for either side of an issue, a Stonson analysis must nonetheless be conducted to determine whether the activity was for informational or campaigning purposes based on its style, tenor, and timing. Although the court did not specifically refer to the Schroeder analysis in its opinion, the court clearly stated that the "express advocacy" standard does not meaningfully address potential constitutional problems arising from the use of public funds for campaign activities that were identified in Stonson. Thus, local governments must look to Vargas rather than Schroeder for the proper standard to evaluate whether an expenditure is permissible. A variety of factors led to the Vargas court's conclusion that the communications were informational, including the fact that the publications avoided argumentative or inflammatory rhetoric and did not urge citizens to vote in a particular manner. The challenged expenditures were made pursuant to general appropriations in the city's regular annual budget pertaining to the maintenance of the city's website, the publication of the city's regular quarterly newsletter, and the ordinary provision of information to the public regarding the city's operations. The Supreme Court found that in posting on the city's website the minutes of city council meetings relating to the council's action along with reports prepared by various municipal departments and presented by officials at city council meetings, the city engaged in informational rather than campaign activity. Similarly, the city did not engage in campaign activity in producing a one -page document listing the program reductions that the city council voted to implement should Measure 0 be approved, or in making copies of the document available to the public at the city clerk's office and public libraries. The court reasoned that viewed from the perspective of an objective observer, the document clearly constituted an informational statement that merely advised the public of specific plans that the city council voted to implement should Measure 0 be approved. Finally, the court found that the city engaged in permissible informational activity by mailing to city residents the fall 2002 "City Round -Up" newsletter containing articles describing proposed reductions in city services. Although under some circumstances the mailing of material relating to ❑ ballot measure to a large number of voters shortly before an upcoming election would constitute campaign activity, a number of factors supported the court's conclusion that the mailing of the newsletter constituted informational rather than campaign activity. it was a regular edition of the newsletter that was mailed to all city residents as a general practice, the style and tenor of the Summary of Principal Conflicts of Interest Laws and Regulations Page 72 C7 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations publication was entirely consistent with an ordinary municipal newsletter and readily distinguishable from traditional campaign material, and the article provided residents with important information about the toxin an objective and nonpartisan manner. The Supreme Court illustrated the insufficiency of the "express advocacy" standard by suggesting that if the city were to post billboards throughout the city prior to an election stating, "IF MEASURE O IS APPROVED, SIX RECREATION CENTERS, THE MUNICIPAL POOL, AND TWO LIBRARIES WILL CLOSE," it would defy common sense to suggest that the city had not engaged in campaign activity even though such advertisements would not have violated the express advocacy standard. Vargas and Stonson reflect that local agencies must exercise caution when communicating to 'voters about local measures. Unfortunately, there is no hard and fast rule to assist public officials in distinguishing improper partisan campaign expenditures from permissible expenditures for "informational activities." Whether a communication is permissible will be based an a combination of these factors, and public officials should therefore seek the advice of the city attorney on a case -by -case basis. Assistance may also be obtained from the FPPC. Last, public officials should also be aware of a fairly new mass mailing rule that regulates communications pertaining to candidates and ballot measures. In 2009, the FPPC adopted a new regulation to prohibit government agencies from paying for mass mailings that expressly advocate or "unambiguously urge" a particular result in an election, Regulation 18901.1 prohibits a mailing if all of the following criteria are met; ■ A delivery of a tangible item such as ❑ written document, video tape. record, or button and is delivered to the recipient at his or her residence, place of employment or business, or post office box; ■ The item sent expressly advocates or unambiguously urges a particular result in an election; ■ The public agency (1) pays to distribute the item or (2) pays costs, exceeding $50, reasonably related to designing, producing, printing or formulating the content of the item including, but not limited to payments for polling or research and payments for the salary, expenses, or fees of the agency's employees, agents, vendors, or consultants with the intention of sending the item; and ■ More than 200 substantially similar items are sent during the course of the election including items sent during the qualification drive or in anticipation of an upcoming election. A mailing "unambiguously urges a particular result in an election" if the communication can be reasonably characterized as campaign material or activity and is not a fair presentation of facts serving only an informational purpose when taking into account the style, tenor, and timing of the communication. Summary of Principal Conflicts of Interest Laws and Regulations Page 73 © 2019 Richards, watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations There are exceptions to this rule, and the following are not considered campaign related mass maiiings: (1) an agency report providing the agency's internal evaluation of a measure sent to ❑ member of the public upon the individual's request; (2) a written argument sent to a voter in the voter information pamphlet: and (3) a communication clearly and unambiguously authorized by law. Essentially, this regulation utilizes the standards articulated by the Supreme Court in the Vargas case and provides that communications that violate those standards are prohibited mass mailings. Summary of Principal Conflicts of Interest Laws and Regulations Page 1d © 2019 Richards, Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Pdncipol Conflicts of Interest Laws and Regulations VI. PROHIBITION ON GIFTS OF PUBLIC FUNDS Article XVI, Section 6 of the California Constitution prohibits state and local governments from making gifts of public funds or property. A transfer of property without consideration is a gift. Civ. Code § 1146. However, where property is transferred for a "public purpose" it will not be considered a gift of public funds. There, '' [t] he benefit to the government from an expenditure for ❑ 'pubtic purpose' is in the nature of consideration and funds expended are therefore not a gift even though private persons are benefited therefrom." 69 Ops. Cal. Att'y Gen. 168 (1986) (citing California Employment Stabilization Comm `n v. Payne, 31 Cal. 2d 210, 216 (1947); Alameda County v. Janssen. 16 Cal. 2d 276, 281 (1940)). In determining whether a legislative body has made a gift of public funds, courts will look first at "whether the money is to be used for a public or private purpose." Oakland v. Garrison, 194 Cat. 298, 302 (1941 ). "If it is for ❑ public purpose within the jurisdiction of the appropriating board or body, it is not, generally speaking, to be regarded as ❑ gift." id. As the California Court of Appeal explained in Board of Supervisors v. Dolan, "[i]t is settled that if ❑ public purpose is served by the expenditure of public funds, the constitutional prohibition is not violated even though there may be incidental benefits to private persons." 45 Cal. App. 3d 237, 243 (1975) . However, to avoid violating the constitutional prohibition. public financial assistance must be tailored or "directly related" to a public purpose. California Housing Finance Authority v, Elliott, 17 Cal. 3d 575 (1976). Thus, financial assistance that does not directly further the proffered public purpose may still be found to be unconstitutional. Courts defer to the legislative body's determination of what constitutes a "public purpose." The concept of public purpose has been "liberally construed by the courts," and a city council's determination of public purpose will be upheld unless it is "totally arbitrary." County of Alameda v. Carleson, 5 Cal. 3d 730, 746 (1971). Where a city acts pursuant to a state statute or in furtherance of a state statute, courts will defer to the state legislature in determining whether a public purpose exists. Summary of Principal Conflicts of Interest Laws and Regulations Page 75 m 2019 Richards. Watson & Gershon 2280385 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations VII. CONCLUSION More often than not, determining the application of conflicts of interest laws in particular circumstances requires complicated analysis. Because the consequences for a violation of these laws can be very serious, it is important that potential conflicts be identified as soon as possible to ensure that the appropriate analysis can be performed. To that end, we recommend that public agency staff prepare maps of council member residences and other real property interests (and those of other public officials, such as planning commissioners) so that such officials may be alerted to projects that are located within 500 and 1,000 feet of their real property interests. Even though the materiality standards for real property interests have changed over the years, this is still an important scarfing point for a conflicts analysis. We encourage all public officials to keep in mind that it is the individual responsibility of each public official to determine whether he or she has a conflict in a particular decision. We encourage officials and staff to seek advice from the city attorney when in doubt about a conflicts of interest issue. Because only a formal, written opinion from the FPPC can immunize someone from prosecution, we strongly encourage officials and staff to seek advice from the city attorney as early as possible, so that, if necessary, the public agency may request a formal opinion from the FPPC prior to any participation in a decision where a public official may have a conflict. In addition, the Legislature has enacted ❑ statute that requires public officials to take at least two hours of ethics training every two years if the local agency provides that official with any type of compensation, salary or stipend or provides reimbursement for necessary and reasonable expenses incurred by that official in the performance of their official duties. § 53235(a). Ethics training would also be required of any employee designated by the local agency to receive such training. § 53234(c). Please seek advice from the city attorney regarding further details about ethics training, Summary of Principal Conflicts of Interest Laws and Regulations Page 76 2019 Richards. Watson & Gershon 2280385 Richards, Watson & Gershon delivers practical advice and solutions tailored to the unique needs of California public entities. About Working seamlessly across offices in Los Angeles, Son Francisco, Orange County, Temecula, and the Central Coast our dedicated team of experts provides the full -scope of public law services. We are the lawyers of choice for clients who seek reliable, efficient, and effective legal counsel. Richards, Watson & Gershon serves as city attorney, special counsel and general counsel to clients of all sizes and demographics. Our attorneys are proficient in areas of law only found in a firm with substantial experience in public agency representation. Local governments count an us for help with their most complex problems. Specialties Include: Administrative Law Airports, Rail & Transit Brown Act Cannabis CEQA Coastal Act Code Enforcement Conflicts of Interest Construction & Public Works Elections Eminent Domain Environment & Natural Resources Housing Labor & Employment Land Use & Planning Litigation Police Practices Public Finance Public Records Act Real Estate & Leasing Rent Control Subdivisions & Zoning Taxes, Fees & Assessments Telecommunications Sand Waste Stormwater Compliance Water Rights & Water Law SECTION 8 C)) Brown Act C:) HANDBOOK Summary of the Major Provisions and Requirements of the Ralph M. Brown Act Summary and Discussion of the Major Provisions of the Brown Act Text of the Ralph M Updated including changes effective January Table of Contents INTRODUCTION..................................................................................... II ............................................................ SUMMARY OF THE MAJOR PROVISIONS AND REQUIREMENTS OF THE RALPH M. BROWN ACT........................................................................................................ 1 I. APPLICATION OF BROWN ACT TO 'LEGISLATIVE BODIES"..........................................................1 II. DEFINITION OF "MEETING"'....................................................... ...2 ...................................................... III, EXCEPTIONS TO MEETING REQUIREMENT ........................ ........ 2 ....................................................... A. The individual Contact Exception.................................................................................... 3 B. The Seminar or Conference Exception............................................................................ 3 C. The Community Meeting Exception.................................................................................3 D. The Other Legislative Body Exception..............................................................................3 E. The Social or Ceremonial Occasion Exception............................................................. 4 F. The Standing Committee Exception................................................................................ 4 IV, PERMITTED LOCATIONS OF MEETINGS AND TELECONFERENCING............................................4 V. ADA COMPLIANCE............................................................................................................................5 VI. SIMULTANEOUS OR SUCCESSIVE MEETINGS...................................................................................5 VII. SERIAL MEETINGS ....................... ................................. ........................................................................ 5 A. Contacts with Staff___ ...................................................................................................... _ 6 B. Contacts with Constituents, Developers and Lobbyists ............................................... 7 C. Contacts with Fellow Members of the Same Legislative Body ................................... 7 VIII. NOTICE, AGENDA AND REPORTING REQUIREMENTS................................................................... 8 A. Time of Notice and Content of Agenda.........................................................................8 B. Action and Discussion on Non -agenda Items.............................................................. 1 1 C. Reporting of Actions......................................................................................................... 12 IX. PUBLIC PARTICIPATION................................................................................................................... 12 A. Regular Meetings........................................................................................... 12 B. Public Comments at Special Meetings............................................................... .... 1—— 13 C. Limitations on the Length and Content of Public Comments .................................. 13 D. Additional Rights of the Public........................................................................................ 14 X. CLOSED SESSIONS. ...................................................................................... ........................... I ........ 15 XI. ENFORCEMENT.. .......................................................................................... 16 X11, CONCLUSION .............. ........................................................................................ ............. ............... 18 The Ralph M. Brown Act ..................................................... ...................... 19 Ralph M, Brown Act Page i d 2019 Richards, Walson & Gershon 2272599 INTRODUCTION This Handbook is prepared to provide you with a summary of the major provisions of California's open meeting law for local governments - the Ralph M. Brown Act, including rules about calling and holding various types of meetings and closed sessions, as well as guidelines for how to avoid serial meetings. The second part contains the complete text of the Brown Act. This Handbook is designed for local government officials and staff and we hope you will find it useful. Should you have any questions about the information included in this Handbook, please do not hesitate to contact us. Richards, Watson & Gershon Ralph M. Brown Act Page ii @ 2019 Richards. Watson & Gershon 2272599 Summary of the Major Provisions and Requirements of the Ralph M. Brown Act //RWG LAW Ralph M. Brown Act 0 2019 Richards, Watson & Gershon 2272599 Page 1 Summary of the Major Provisions and Requirements of the Ralph M. Brawn Act The Ralph M. Brown Act, more commonly known as the "Brown Act," is California's "sunshine" law for local government. The Brown Act is found in the California Government Code commencing with Section 54950. In a nutshell, the Brown Act requires local government business to be conducted at open and public meetings, except in certain limited situations. This paper briefly summarizes and discusses the major provisions of the Brown Act. I. APPLICATION OF BROWN ACT TO "LEGISLATIVE BODIES" The requirements of the Brown Act apply to "legislative bodies" of local governmental agencies. The term "legislative body" is defined to include the governing body of a local agency (e.g., the city council or the board of supervisors) and any commission, committee, board, or other body of the local agency, whether permanent or temporary, decision making or advisory, that is created by formal action of a legislative body. § 54952(a)--(b). Standing committees of a legislative body, that have either "continuing subject matter jurisdiction" or a meeting schedule fixed by formal action of the legislative body, are also subject to the requirements of the Brown Act. Some common examples include the finance, personnel, or similar policy subcommittees of a legislative body. Standing committees exist to make routine, regular recommendations on a specific subject matter. These committees continue to exist over time and survive resolution of any one issue or matter. They are also a regular part of the governmental structure. The Brown Act does not apply to "ad hoc" committees comprised solely of members of the legislative body that are less than a quorum of the body, provided these committees do not have a "continuing subject matter jurisdiction," or a meeting schedule fixed by formal action of the legislative body. Such ad hoc committees are purely advisory; they generally serve only a limited or single purpose, are not perpetual, and are dissolved when their specific task is completed. Advisory and standing committees, but not ad hoc committees, are required to have agendas, and to have their agendas posted at least 72 hours in advance of their meetings. if this is done. the meeting is considered to be a regular meeting for all purposes. If the agenda is not posted at least 72 hours in advance. the meeting must be treated as a special meeting, and all of the limitations and requirements for special meetings apply, as discussed later. Ralph M. Brown Act Page I Q 2019 Richards. Watson & Gershon 2272599 Summary of the Mom Provisions of the Ralph M. Brown Act The governing boards of some private ccrporafions, limited liability companies, and private entities may be subject to the Brown Act under certain circumstances. A private entity's governing board constitutes a legislative body within the meaning of the Brown Act if either of the following applies: (i) the private entity is created by an elected legislative body to exercise lawfully delegated authority of the legislative body; or (ii) the private entity receives funds from a local agency and its governing board includes a member of the legislative body of the local agency who was appointed by the legislative body to the governing board as a full voting member. § 54952(c). The Brown Act also applies to persons who are elected to serve as members of a legislative body of a local agency even before they assume the duties of office. § 54952.1. Under this provision, the statute is applicable to newly elected, but not -yet - sworn -in, members of the legislative body. II. DEFINITION OF "MEETING" The central provision of the Brown Act requires that all "meetings" of a legislative body be open and public. The Brown Act defines the term "meeting" very broadly, § 54952.2, and encompasses almost every gathering of a majority of legislative body members, including; Any congregation of a majority of the members of a legislative body at the some time and location ... to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. In plain English, this definition means that a meeting is any gathering of a majority of council members, board of directors, or other applicable legislative body, to hear, discuss or deliberate any item of local agency business or potential local agency business. It is important to emphasize that a meeting occurs if a majority gathers to hear, discuss or deliberate on a matter and not just voting or taking action on the issue. III. EXCEPTIONS TO MEETING REQUIREMENT There are six types of gatherings that are not subject to the Brown Act. We commonly refer to these exceptions as: (1 ) the individual contact exception; (2) the seminar or conference exception; (3) the community meeting exception; (4) the other legislative body exception; (5) the social or ceremonial occasion exception: and (6) the standing committee exception. Unless a gathering of a majority of the members of a legislative body falls within one of the exceptions discussed below, even if a majority of members are merely in the some room listening to a discussion of local agency business, they will be participating in a meeting within the meaning of the Brown Act that requires notice, an agenda, and ❑ period for public comment. Ralph M. Brown Act Poge 2 Q 2019 Richords, Watson & Gershon 2272599 summary of the Major Provisions of the Ralph M. Brown Act A. The Individual Contact Exception Conversations, whether in person, by telephone or other means, between a member of a legislative body and any other person do not constitute a meeting under the Brown Act. § 54952,2(c) (1 ). However, such contacts may constitute a "serial meeting" (discussed below) in violation of the Brown Act, if the individual ❑lso makes a series of individual cantacts with other members of the legislative body, and communications with these other members are used to "discuss, deliberate, or take action on ❑ny item of business that is within the subject matter jurisdiction of the legislative body." B. The Seminar or Conference Exception Attendance by a majority of the legislative body at a seminar, conference, or similar educational gathering is generally exempted from Brown Act requirements. § 54952.2(c)(2). However, in order to qualify under this exception, the seminar or conference must be open to the public and must involve issues of general interest to the public or to local agencies. Attendance at a California League of Cities or California Contract Cities seminar is an example of an educational gathering that fulfills these requirements. However, as with many ❑f the exceptions, this exception will not apply if a majority of legislative body members discuss among themselves items of specific business relating to their own local agency other than as part of the scheduled program. C. The Community Meeting Exception The community meeting exception allows a majority of legislative body members to attend privately sponsored neighborhood meetings, town hall forums, chamber of commerce lunches or other community meetings at which Issues of local interest are discussed. § 54952.2(c) (3). In order to fall within this exception, however, the community meeting must satisfy specific criteria. First, the community meeting must be "open and publicized." Therefore, a homeowners' association meeting restricted to the residents of a particular development and only publicized to those residents cannot be attended by a majority of the legislative body without following the Brown Act requirements because the meeting does not qualify for the exception. And again, for those meetings that fall within the community meeting exception, a majority of legislative body members cannot discuss among themselves items of business of their own local agency other than as part of the scheduled program, D. The Other Legislative Body Exception This exception allows a majority of members of any legislative body to attend open and noticed meetings of ❑ther legislative bodies of their local agency, or of another local agency, without treating such attendance as a meeting of the body. § 54952.2(c) (4). Of course, the legislative body members are prohibited from discussing items of business of their local agency among themselves other than as part of the scheduled meeting, Ralph M, Brown Act Page 3 © 2019 Richards, Watson & Gershon 2272599 5ummary of the Maior Provisions of the Rabh M. Brown Act E. The Social or Ceremonial Occasion Exception As has always been the case, the Brown Act does not apply to attendance by a majority of the legislative body members of purely social or ceremonial occasions. § 54952.2(c)(5). This exception only applies if a majority of legislative body members do not discuss among themselves items of business of their local agency. F. The Standing Committee Exception The standing committee exception allows members of a legislative body, who are not members of a standing committee of that body, to attend an open and noticed meeting of the committee without making the gathering a meeting of the full legislative body itself. § 54952.2(c) (6). If ❑ majority of the Iegistative body is created by the attendance of the additional members, the legislative body members who are not members of the standing committee may attend only as "observers." This means that the noncommittee members of the Iegisiative body should not speak at the standing committee's meeting, sit in their usual seat on the dais, or otherwise participate in the meeting. It is generally recommended that. if a standing committee meeting is likely to be attended by other legislative body members, then the meeting should be agendized as a meeting of the whole legislative body. This will allow full participation by all members of the legislative body. IV. PERMITTED LOCATIONS OF MEETINGS AND TELECONFERENCING The Brown Act generally requires all meetings of a legislative body to occur within the boundaries of the local agency. § 54954(b). There are limited exceptions to this rule, however, such as allowing meetings with a legislative body of another local agency in that agency's jurisdiction. Meetings held outside of a local agency's boundaries pursuant to an exception still must comply with agenda and notice requirements, as discussed below. "Teleconferencing" may be used by members of a legislative body as a way to participate fully in the meeting from remote locations. § 54953(b). If a member participates in a meeting via teleconferencing, the following requirements apply: (i ) the remote location must be connected to the main meeting location by telephone, video or both; (2) the notice and agenda of the meeting must identify the remote location; (3) the remote location must be posted and accessible to the public; (4) all votes must be by roll call; and (5) the meeting must comply with the Brown Act, which includes allowing participation by members of the public present in remote locations. A quorum of the legislative body must participate from locations within the jurisdiction, but other members may participate from outside the jurisdiction. The teleconferencing rules only apply to members of the legislative body. Staff members, attorneys, or consultants may participate remotely without following the posting and public access requirements of the teleconferencing rules. Ralph M. Brawn Act `0ge 4 0 2019 Richards, Watson & Gershon 2272599 of the Major Provisions of the Ralph M. Brown Act V. ADA COMPLIANCE Pursuant to Section 54953.2, all meetings of a legislative body, other than closed session meetings or parts of meetings involving a closed session, are required to be held in a location and conducted in a manner that complies with the Americans with Disabilities Act of 1990. In addition, if requested, the agenda and documents in the agenda packet shall be made available in alternative formats to persons with a disability. § 54954,1. The agenda shall include information regarding how, to whom, and when a request for disability -related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the meeting. § 54954.2. VI. SIMULTANEOUS OR SUCCESSIVE MEETINGS A legislative body that has convened a meeting and whose membership constitutes a quorum of any other legislative body may convene a meeting of that other legislative body, simultaneously or successively, only if ❑ clerk or a member of the convened legislative body announces the following prior convening the simultaneous or successive meeting: 1) There is a subsequent legislative body; 2) The compensation or stipend, if any, each member may receive as a result of the multiple meetings; and 3) The form of that compensation or stipend will be provided. The compensation and stipend is not required to be announced if it is listed in a statute without additional compensation authorized by the local agency, and in any case, the announced compensation must not include amounts reimbursed for actual and necessary expenses incurred by a member in the performance of his or her official duties. § 54952.3, VII. SERIAL MEETINGS In addition to regulating all gatherings of a majority of the members of a legislative body, the Brown Act also addresses certain contacts between individual members of the legislative body. On the one hand, the Brown Act specifically provides that nothing in the Act is intended to impose requirements on individual contacts or conversations between a member of a legislative body and any other person. § 54952.2(c)(1). This provision even applies to individual contacts between two members of the legislative body (the individual contact exception to the "meeting" described above). Despite this exception, however, the Brown Act prohibits 'serial meetings.' § 54952.2(b) (1). Ralph M. Brown Act Page 5 ® 2019 Richards, Watson & Gershon 2272599 Summary of the Major Provisions of the Ralph M. Brawn Act A 5erlal meeting Is a series of meetings or communications, either in person or by other means, between individual members of the legislative body in which ideas are exchanged among a majority of a legislative body. A serial meeting can occur even though a majority of legislative body members never gather in a room at the some time, and it typically occurs in one of two ways. The first is when ❑ staff member, a legislative body member, or some other person individually contacts a majority of legislative body members and shares ideas among the majority ("I've talked to members A and B and they will vote 'yes.' Will you?"). Alternatively, member A calls member B, who then calls member C, and so on, until a majority of the legisiative body has discussed or deliberated or has taken action on the item of business. The prohibition against serial meetings does not, however, prohibit communications between staff and legislative body members for the purpose of answering questions or providing information regarding a matter that is within the subject matter jurisdiction of the local agency, as long as the staff person does not communicate with other members of the legislative body, the comments or positions of any other member of the legislative body. § 54952.2(b)(2). Observing the following guidelines can avoid inadvertent violation of the serial meeting rule. A. Contacts with Staff Staff can inadvertently become a conduit among a majority of a legislative body in the course of providing briefings on items of local agency business. Originally, the California Court of Appeal held that staff briefings of individual city council members do not constitute an illegal serial meeting under the Brown Act unless there was additional evidence that: (1 ) staff acted as a personal intermediary for other members of the legislative body, and (2) the meetings led to a collective concurrence among members of the legislative body. Following that decision, the state legislature amended Government Code Section 54952.2 in 2008, effective in 2009, to further clarify that staff briefings of individual city council members for the purpose of answering questions or providing information regarding an item of business do not constitute an illegal serial meeting under the Brown Act as long as a staff person does not communicate the comments or positions of a member of the legislative body to other members. Staff briefings must therefore be handled carefully. To avoid having a staff briefing become a serial meeting. • Staff briefings of members of the legislative body should be "unidirectional" when done on an individual basis for a majority of the legislative body. This means that information should flow from staff to the member, and the member's participation should be limited to asking questions and acquiring information. Otherwise, if multiple members separately give staff direction thereby causing staff to shape or modify their ultimate recommendations in order to reconcile the views of a majority of the members, a violation might occur. • A legislative body member should not ask staff to describe the views of any other members of the legislative body, and staff should not volunteer those views If known. Ralph M. Brown Act Page 6 © 2019 Richards, Watson & Gershon 2272599 Summary of the Major Provisions of the Ralph M. Brown Act ■ Staff may present their views to a legislative body member during an individual contact, but staff should not ask for that member's views unless it is absolutely clear that staff is not discussing the matter with ❑ majority of the legislative body. B. Contacts with Constituents, Developers and Lobbyists A constituent, developer, or lobbyist can also inadvertently become on intermediary among a majority of members of a legislative body thereby creating an illegal serial meeting in violation of the Brown Act, Such persons' unfamiliarity with the requirements of the Brown Act aggravate this potential problem because they may expect a legislative body member to be willing to commit to a position in a private conversation in advance of a meeting. To avoid violations arising from contacts with constituents, developers and lobbyists: ■ State the ground rules "up front." Ask if the person has talked, or intends to talk, with other members of the legislative body about the same subject. If the answer is "yes," then make it clear that the person should not disclose the views of other legislative body member(s) during the conversation. • Explain to the person that you will not make a final decision on ❑ matter prior to the meeting, For example: "State law prevents me from giving you a commitment outside ❑ noticed meeting. I will listen to what you have to say and give it consideration as I make up my mind." • Do more listening and asking questions than expressing opinions. If you disclose your thoughts about a matter, counsel the person not to share them with other members of the legislative body. ■ Be especially careful with discussions about matters involving "quasi- judicial" land use decisions such as subdivision maps, site development plans, conditional use permits, or variances. Consult with your city attorney or legal counsel before the meeting in order to avoid any potential problems involving illegal prejudice against the project or illegally receiving evidence about the project outside of the administrative record. C. Contacts with Fellow Members of the Same Legislative Body Direct contacts concerning local agency business with fellow members of the some legislative body - whether through face-to-face or telephonic conversations, notes, letters, online exchanges, e-mail with or to staff members - are the most obvious means by which an illegal serial meeting can occur. This is not to say that a member of a legislative body is precluded from discussing items of local agency business with another member of that legislative body outside of a meeting, as long as the communication does not involve a majority of the legislative body, no "meeting" has occurred. There is, however, always the risk that one participant in the communication will disclose the views Ralph M. Brown Act Page 7 ® 2019 Richards, Watson & Gershon 2272599 Summary of the Major Provisions of the Ralph M. Brown Act of the other participant to a third or fourth legislative body member. creating the possibility of a discussion of an item of business outside a noticed public meeting. Therefore, avoid discussing city business with a majority of the members of your legislative body, and communicating the views of other legislative body members outside a meeting. These suggested rules of conduct may seem unduly restrictive and impractical, and may make acquisition of important information more difficult or time-consuming. Nevertheless, following them will help assure that your conduct comports with the Brown Act's goal of achieving open government. If you have questions about compliance with the Act in any given situation, you should seek advice from your city attorney or legal counsel. Adherence to the foregoing guidelines is not a substitute for securing advice from your legal counsel. VIII. NOTICE, AGENDA AND REPORTING REQUIREMENTS A. Time of Notice and Content of Agenda Two key provisions of the Brown Act which ensure the public's business is conducted openly are the requirements that legislative bodies publicly post agendas prior to their meetings, 54954.2, 54955, 54956, and 54957.5) and that no action or discussion may occur on items or subjects not listed on the posted agenda (§ 54954.2). The limited exceptions to the rule against discussing or taking action not on a posted agenda are discussed further below. Legislative bodies, except advisory committees and standing committees, are required to establish a time and place for holding regular meetings. § 54954(a). A "regular" meeting is a meeting that occurs on the legislative body's established meeting day. Agendas for a regular meeting must be publicly posted 72 hours in advance of the meeting in a place that is freely accessible to the public. Agendas must contain a brief general description of each item of business to be transacted or discussed at the meeting. § 54954.2(a). The description should inform the public of the "essential nature" of the matter, but need not exceed 20 words. San Diegans for Open Government v. City of Oceanside, 4 Cal. App. 5th 637 (2016) . Courts wilt uphold a challenge to the sufficiency of an agenda item description when the description provides fair notice of what the agency will consider. The San Diegans for Open Government case provides an example of a sufficient agenda description that provides fair notice. In San Diegans for Open Government, the Oceanside City Council approved a subsidy agreement with a hotel developer using the following agenda item description: Adoption of a resolution to approve: 1. An Agreement Regarding Real Property (Use Restrictions) between the City of Oceanside and 5❑ Malkin Properties Inc. to guarantee development and use of the Ralph M. Brown Act PClge 8 © 2019 Richards, Watson & Gershon 2272599 Summary of the Maio( Provisions of the Ralph M. Brown Act property as a full service resort consistent with the entitlements for the project; 2. An Agreement Regarding Real Property to provide a mechanism to share Transit Occupancy Tax (TOT) generated by the Project; 3. A Grant of Easement to permit construction of a subterranean parking garage under Mission Avenue; 4. A report required by AB 562 prepared by Paul Marra of Keyser Marston and Associates documenting the amount of subsidy provided to the developer, the proposed start and end date of the subsidy, the public purpose of the subsidy, the amount of the tax revenue and jobs generated by the project; and 5. A License Agreement to permit construction staging for the project on a portion of Lot 26, The court ruled that this agenda description complied with the requirements of Government Code Section 54954.2 because the agenda description expressly gave the public notice that the council would consider a fairly substantial development of publicly owned property as a hotel, that the City would share the transient occupancy tax generated by the project, and that the transaction would involve a subsidy by the City. Additional information, white helpful, was not necessary to provide fair notice of the essential nature of the action under state law. The Court found that the language of the agenda, considered as a whole, provided more than a "clue" that the City planned to provide the developer with a substantial and ongoing financial subsidy in exchange for the project. In contrast, in Hernandez v. Town of Apple Valley, 7 Cal, App. 5th 194 (2017), the court held that the Apple Valley Town Council's agenda description was insufficient, There, the Apple Valley Town Council adopted three resolutions that called for a special election related to an initiative to adopt ❑ commercial specific plan and the filing of arguments and rebuttal arguments for and against the initiative. In addition, the Town Council adopted a Memorandum of Understanding ("MOU") that authorized the acceptance of a gift from an interested party, Wal-Mart, to pay For the special election. The agenda description for the matter read "Wal-Mart Initiative Measure" and included a recommendation for action that read "[p]rovide direction to staff." The court reiterated that the Brown Act requires that each item of business be placed on the agenda. Specifically, the court highlighted that nothing in the agenda description, or even in the agenda packet, indicated that the Town Council was going to consider an MOU to accept a gift from Wal-Mart to pay for a special election to pass the initiative. The court concluded that the City violated the Brown Act by omitting the MOIL from the agenda description because the omission meant that the plaintiff was given no notice of the item of business. Agendas must also be posted on the local agency's website, if one exists, for City Council meetings, and meetings of any other legislative body where some members are City Council members and are compensated for their appearance. While the language of the 72 hour posting requirement appears absolute, the California Attorney General opined that technical difficulties, such as a power failure, cyber-attack, or other third - party interference that prevents a local agency from posting its agenda on its website for the full 72 hours will not necessarily preclude the legislative body from lawfully holding Ralph M. Brown Act Page 9 d 2019 Richards, Watson & Gershon 2272599 Summary of the Major Provisions of the Ralph M. Brown Act its meeting. 99 Ops. Cal. Afty. Gen. 11 (2016). Whether a public meeting may continue as scheduled requires a fact specific analysis, that turns on whether the local agency has otherwise "substantially complied" with the Brown Act's agenda posting requirements by properly posting a physical agenda and making other "reasonably effective efforts" (such as making the agenda available on social media or some other alternative website) to notify the public of the meeting. Please note that the adoption of a CEQA document, such as an environmental impact report or a negative declaration, by a Planning Commission or a City Council is a distinct item of business separate from the item approving the project and must be expressly described in an agenda. A "special" meeting is a meeting that is held at a time or place other than the time and place established for regular meetings. For special meetings, the "call and notice" of the meeting and the agenda must be posted, including in some cases on the local agency's website, at least 24 hours prior to the meeting, § 54956. Additionally, each member of the legislative body must personally receive written notice of the special meeting either by personal delivery or by "any other means" (such as facsimile, e-mail or U.S. mail) at least 24 hours before the time of the special meeting, unless they have previously waived receipt of written notice. Members of the press (including radio and television stations) and other members of the public can also request written notice of special meetings and, if they have, then that notice must be given at the same time notice is provided to members of the legislative body. An "emergency" meeting may be called to address certain emergencies, such as a terrorist act or crippling disaster, without complying with the 24-hour notice requirement. Certain requirements apply for notifying the press and for conducting closed sessions as part of those meetings, and except as specified, all other rules governing special meetings apply. § 54956.5. Both regular and special meetings may be adjourned to another time. Notices of adjourned meetings must be posted on the door of the meeting chambers where the meeting occurred within 24 hours after the meeting is adjourned. § 54955. If the adjourned meeting occurs more than five days after the prior meeting, a new agenda for that adjourned meeting must be posted 72 hours in advance of the adjourned meeting, § 54954.2(1b) (3). The Brown Act requires local agencies to mail the agenda or the full agenda packet to any person making ❑ written request no later than the time the agenda is posted or is delivered to the members of the body, whichever is earlier. A local agency may charge a fee to recover its costs of copying and mailing. Any person may make a standing request to receive these materials, in which event the request must be renewed annually. Failure by any requester to receive the agenda does not constitute grounds to invalidate any action taken at a meeting. § 54954.1. Ralph M, Brown Act Page 1C) © 2019 Richards. Watson & Gershon 2272599 Summary of the Major Provisions of the Ralph M. Brown Act B. Action and Discussion on Non -agenda Items The Brown Act also ensures the public's business is conducted openly by restricting a legislative body's ability to deviate from posted agendas. The statute affords a legislative body limited authority to act on or discuss non -agenda items at regular meetings, but forbids doing so at special meetings. As a general rule, a legislative body may not act on or discuss any item that does not appear on the agenda posted for a regular meeting. § 54954.2. This rule does not, however, preclude a legislative body from acting on a non -agenda item that comes to the local agency's attention subsequent to the agenda posting which requires immediate action. In order to utilize this exception, the legislative body must make findings of both components of the exception by a two-thirds vote of those present (by unanimous vote if less than two-thirds of the body is present). This means that if four members of a five -member body are present, three votes are required to add the item; if only three are present, a unanimous vote is required. In addition, an item not appearing on an agenda may be added if the legislative body determines by a majority vote that on emergency situation exists. For purposes of this exception, the term "emergency situation" refers to work stoppages or crippling disasters that severely impair public health, safety, or both, In addition to the two general exceptions discussed above, a legislative body may also discuss non -agenda items at a regular meeting under the following five additional exceptions: • Members of the legislative body or staff may briefly respond to statements made or questions posed by persons during public comment periods. • Members of the legislative body or staff may ask a question for clarification, make a brief announcement or make a brief report on their own activities,* ■ Members of the legislative body may, subject to the procedural rules of the body, provide ❑ reference to staff or other resources for factual information; ■ Members of the legislative body may, subject to the procedural rules of the body, request staff to report back to the legislative body at a subsequent meeting concerning any matter; and ■ Members of the legislative body may, subject to the procedural rules of the body, take action to direct staff to place a matter of business on a future agenda. Therefore, spending a few minutes to discuss whether a matter should be placed on a future agenda or asking staff procedural questions is permissible. Cruz v. City of Culver City, 2 Cal.App. 5th 239 (2016). The legislative body may not, however, discuss non - agenda items to any significant degree. This means there should not be long or wide- ranging question and answer sessions on non -agenda items between the legislative body and the public, or between the legislative body and staff. It is important to follow Ralph M_ Brown Act Poge 11 © 2019 Richards, Watson & Gershon 2272599 of the Moior Provisions of the Ralph M. Brown Act these exceptions carefully and construe them narrowly to avoid tainting an important and complex action by a non-agendized discussion of fhe item. The Brown Act contains even more stringent regulations to restrict action on and discussion of non -agenda items at special meetings. In particular, the statute mandates that only business that is specified in the "call and notice" of the special meeting may be considered by the legislative body. § 54956. Notwithstanding, a special meeting may not be called to discuss compensation of a local agency executive. § 54956(b). C. Reporting of Actions The Brown Act mandates the public reporting of individual votes or abstentions by members of legislative bodies on any given motion or action. This requirement may be satisfied in most situations by reporting the individual vote or abstention of each member in the minutes of a meeting. § 54953. As of January 1, 2017, the Brown Act also requires that the legislative body orally report a summary of recommendations made with respect to the salary, salary schedule, or compensation paid to a local agency executive. The legislative body must issue the report at the some meeting in which the final action on compensation is being considered. § 54953(c). IX. PUBLIC PARTICIPATION A. Regular Meetings The Brown Act mandates that every agenda for a regular meeting provide an opportunity for members of the public to directly address the legislative body on any matter that is within the subject matter jurisdiction of the legislative body. § 54954.3(a). In addition. the Brown Act requires the legislative body to allow members of the public to comment on any item on the agenda either before or during the body's consideration of that item. § 54954.3(a). Some local agencies accomplish both requirements by placing ❑ general audience comment period at the beginning of the agenda where the public can comment on both agenda and non -agenda items. Others provide public comment periods as each item or group of items comes up on the agenda, and then leaves the general public comment period to the end of the agenda. Either method is permissible, though pubic comment on public hearing items must be taken during the hearing. The Brown Act allows a legislative body to preclude public comments on an agenda item in one limited situation -- where the item was considered by a committee, composed solely of members of the body, that held a meeting where public comments on that item were allowed. So, if the legislative body has standing committees (which are required to have agendized and open meetings with an opportunity for the public to comment on agenda items), and the committee has previously considered an item, then at the time the item comes before the full legislative body, the body may choose not to take additional public comments on that item. However, if the version presented to the full Ralph M. Brown Act Page 12 C 2019 Richards, Watson & Gershon 2272599 Summary of the Major Provisions of the Ralph M. Brown Act legislative body is different from the version presented to, and considered by, the committee, then the public must be given another opportunity to speak on that item at the meeting of the full body. § 54954.3. B. Public Comments at Special Meetings The Brown Act requires that agendas for special meetings provide an opportunity for members of the public to address the legislative body concerning any item listed on the agenda before or during the body's consderation of that item, § 54954.3(a). Unlike regular meetings, though, the legislative body does not have to allow public comment on non -agenda matters at a special meeting. C. Limitations on the Length and Content of Public Comments A legislative body may adopt reasonable regulations limiting the total amount of time allocated to each person for public testimony. Typical time limits restrict speakers to three or five minutes. If an individual utilizes a translator to give testimony and simultaneous translation equipment is not used, the legislative body must allot at least twice the standard amount of time to the speaker. A legislative body may also adopt reasonable regulations limiting the total amount of time allocated for public testimony on legislative matters, such as a zoning ordinance or other regulatory ordinance. § 54954.3(b). However, setting total time limits per item for any quasi-judicial matter, such as a conditional use permit application, is not recommended because the time restriction could violate the due process rights of those who were not able to speak to the body during the time allotted. The Brown Act precludes a legislative body from prohibiting public criticism of the policies, procedures, programs, or services of the local agency or the acts or omissions of the body. § 54954.3(c). This restriction does not mean that a member of the public may say anything during public testimony. if the topic of the public's comments falls outside the subject matter jurisdiction of the local agency, the legislative body may stop a speaker's comments. A legislative body also may adopt reasonable rules of decorum that preclude a speaker from disrupting, disturbing or otherwise impeding the orderly conduct of its meetings. § 54954.3(b). The right to publicly criticize a public official does not include the right to slander that official, though the line between criticism and slander is often difficult to determine in the heat of the moment. Care must be given to avoid violating the free speech rights of speakers by suppressing opinions relevant to the business of the legislative body. Finally, in some circumstances, the use of profanity may serve as a basis for stopping a speaker. It will depend, however, upon what profane words or comments are made and the context of those comments. Therefore, no one should be ruled out of order for profanity unless the language both is truly objectionable and causes a disturbance or disruption in the proceeding. Ralph M. Brown Act Page 13 © 2019 Richards, Watson & Gershon 2272599 Summary of the Major Provisions of the Ralph M. Brown Act D. Additional Rights of the Public The Brown Act grants the public the right to videotape or broadcast a public meeting, as well as the right to make a motion picture or still camera record of such meeting, § 54953.5(a). A legislative body may prohibit or limit recording of ❑ meeting, however, if the body finds that the recording cannot continue without noise, illumination, or view obstruction that constitutes, or would constitute, a disruption of the proceedings. § 54953.6. Any audio or videotape record of an open and public meeting that is made, for whatever purpose, by or at the direction of the local agency is a public record and is subject to inspection by the public consistent with the requirements of the Public Records Act. § 54953.5(b). The local agency must not destroy the tape or film record for at least 30 days following the date of the taping or recording. Inspection of the ❑udiotape or videotape must be made available to the public for free on equipment provided by the local agency. The Brown Act requires written material distributed to a majority of the body by any person to be provided to the public without delay, This rule is inapplicable, to attorney - client memoranda, the confidentiality of which was affirmed by the California Supreme Court in Roberts v. City of Palmdale, 5 Cal. 4th 363 (1993) . However, if non -privileged material is distributed during the meeting and prepared by the local agency, it must be available for public inspection of the meeting. If it is distributed during the meeting by ❑ member of the public, it must be made available for public inspection after the meeting. § 54957.5(c). If material related to an agenda item is distributed to a majority of the body less than 72 hours prior to an open session of a regular meeting, the writing must be made available at the same time for public inspection at a public office or location that has been designated in advance for such purpose. Each local agency must list the address of the designated office or location on the agendas for all meetings of the legislative body of that agency. § 54957.5(b). Although this Brown Act provision technically requires an agency to list the designated office address an closed session meeting agendas, it does not require an agency to make such closed session documents and materials available for public inspection. A local agency may also post all documents made available for public inspection pursuant to Section 54957.5(b) on the agency's Internet Web site. However, a local agency may not post the writings to its website in lieu of designating ❑ public office or location for inspection of physical copies of the documents. We recommend that local agencies implement the following procedures to comply with Section 54957.5(b): Place a binder at the agency's principal place of business next to the public counter agenda packet that identifies the contents as follows: "Disclosable public documents related to an open session agenda item on Ralph M. Brown Act Page 14 © 2019 Richards, Watson & Gershon 2272599 Summary of the Major Provisions of the Ralph M. Brown Act the Agenda Packet distributed by the [AGENCY] to a majority of the [LEGISLATIVE BODY] less than 72 hours prior to the meeting." On the agenda template for all meetings, there should be a standard Tooter or statement that indicates the following: Any disclosable public writings related to an open session item on a regular meeting agenda and distributed by the [AGENCY] to at least a majority of the [LEGISLATIVE BODY] less than 72 hours prior to that meeting are available for public inspection at the Counter at [AGENCY'S PLACE OF BUSINESS] located at [ADDRESS] and [optional] the Counter at the Library located at [LIBRARY ADDRESS] during normal business hours. [Optional] In addition, the Agency may also post such documents on the Agency's Web site at [WEB SITE ADDRESS]. On the [AGENCY'S] Web site, create a subfolder under the agenda packet folder that identifies the contents of the subfolder as follows: "Disclosable public documents related to an open session agenda item on the Agenda Packet distributed by the [AGENCY] to a majority of the [LEGISLATIVE BODY] less than 72 hours prior to the meeting." On all documents made available for public inspection pursuant to Section 54957.5(b), make a notation of the date when distributed to at least a majority of the legislative body and placed in the binder at agency's place of business, [optional] the Library, or [optional] on the agency's Web site. Charge customary photocopying charges for copies of such documents. One problem left unaddressed by Section 54957.5(b) is what to do when written materials are distributed directly to a majority of the legislative body without knowledge of staff, or even without the legislative body members knowing that a majority has received it. The law still requires these materials to be treated as public records. Thus, it is a good idea for at least one member of the legislative body to ensure that staff gets a copy of any document distributed to members of the legislative body so that copies can be made for the local agency's records and for members of the public who request a copy. X. CLOSED SESSIONS The Brown Act allows a legislative body to convene a "closed session" during a meeting in order to meet privately with its advisors on specifically enumerated topics. Sometimes people refer to closed sessions as "executive sessions," which is a holdover term from the statute's early days. Examples of business that may be conducted in closed session include personnel actions and evaluations, threats to public safety, labor negotiations, pending litigation, real estate negotiations, and consideration of a response to an audit report. §§ 54956.8, 54956.9, 54957, 54957.6, 54957.75. Political sensitivity of an item is not a lawful reason for a closed session discussion, Ralph M, Brown Act Page 15 Q 2019 Richards, Watson & Gershon 2272599 Summary of the Major Provisions of the Ralph M. Brown Act The Brown Act requires that closed session business be described on the public agenda. Moreover, there is a `safe harbor" for using prescribed language to describe closed sessions in that legal challenges to the adequacy of the description are precluded when such language is used. § 54954.5. This so -tailed "safe harbor" encourages many local agencies to use a very similar agenda format, especially in light of a California Court of Appeal ruling that a local agency substantially complied with the Brown Act's requirement to describe closed session agenda items even though the notice referred to the wrong subsection of Section 54956.9. Castaic Lake Wafer Agency v. Newhall County Water District, 238 Cal.App. 4th 1 196 (2015). Audio recording of closed sessions is not required unless a court orders such recording after finding a closed session violation. § 54960. Closed sessions may be started in a location different from the usual meeting place as long as the location is noted on the agenda and the public can be present when the meeting first begins. Moreover, public comment on closed session items must be allowed before convening the closed session. After a closed session, the legislative body must reconvene the public meeting and publicly report certain types of actions if they were taken, and the vote on those actions. § 54957.1. There are limited exceptions for specified litigation decisions, and to protect the victims of sexual misconduct or child abuse. Contracts, settlement agreements or other documents that are finally approved or adopted in closed session must be provided at the time the closed session ends to any person who has made a standing request for all documentation in connection with a request for notice of meetings (typically members of the media) and to any person who makes a request within 24 hours of the posting of the agenda, if the requestor is present when the closed session ends. § 54957.1. One perennial area of confusion is whether a legislative body may discuss the salary and benefits of an individual employee (such as a city manager) as part of a performance evaluation session under Section 54957. It may not. However, the body may designate a negotiator or negotiators, such as two members of a five-mem ber legislative body, to negotiate with that employee, and then meet with the negotiator(s) in closed session under Section 54957.6 to provide directions on salary and compensation issues. The employee in question may not be present in such a closed session. The Brown Act prohibits attendees from disclosing confidential information obtained during a closed session, unless the legislative body authorizes the disclosure. Violations can be addressed through injunctions, disciplinary action, and referral to the grand jury. § 54963. XI. ENFORCEMENT There are both civil remedies and criminal misdemeanor penalties for Brown Act violations. The civil remedies include injunctions against further violations, orders nullifying any unlawful action, orders determining that an alleged act violated the Brown Act, orders determining the validity of any rule to penalize or discourage the expression of a member of the legislative body, and remedies for breaching closed session confidences. §§ 54960, 54960.1, 54960.2, 54963. Ralph M. Brown Act Page )6 Q 2019 Richards, Watson & Gershon 2272599 Summary of the Majof Provisions of the Ralph M. Brown Act The procedures for claiming there was ❑ Brown Act violation vary depending upon what the complaining party is seeking. if the complaining party is seeking to invalidate an action based on a violation of the Brown Act, the procedures for doing so are set forth in Section 54960.1, as summarized below. If the complaining party is merely seeking a determination that a Brown Act violation occurred ordesires the court to impose an order preventing further violations, the procedures for doing so are set forth in Section 54960.2, also as summarized below. Under Section 54960.1, prior to filing suit to obtain a judicial determination that an action is null and void because of an alleged Brown Act violation, the complaining party must make a written demand on the legislative body to cure or correct the alleged violation. The written demand must be made within 90 days after the challenged action was taken. However, if the challenged action was taken in open session and involves a violation of the agenda requirements of Section 54954.2, then the written demand must be made within 30 days. The legislative body is required to cure or correct the challenged action and inform the party who filed the demand of its correcting actions, or its decision not to cure or correct, within 30 days. The complaining party must file suit within 15 days after receipt of the written notice from the legislative body, or if there is no written response, within 15 days after the 30-day cure period expires. § 54960.1 (b). Under Section 54960.2, prior to filing suit to obtain a judicial determination that an alleged Brown Act violation occurred after January 1, 2013, the district attorney or interested person must submit a cease and desist letter to the legislative body clearly describing the legislative body's past action and the nature of the alleged violation within nine months of the alleged violation. Second, the legislative body may respond within 30 days, including responding with an unconditional commitment to cease, desist from, and not repeat the past action that is alleged to violate the Brown Act. If the legislative agency responds with an unconditional commitment, that commitment must be approved by the legislative body in open session at a regular or special meeting as a separate item of business not on the consent calendar, and must be in substantially the form set forth in Section 54960.2(c) (1). Also, a legislative body may resolve to rescind an unconditional commitment with proper notice to the public and to each person to whom the unconditional commitment was made. Upon rescission, the district attorney or any interested person may file an action pursuant to Section 54960(a). Finally, Section 54960.2 provides further deadlines and requirements that must be met when fling an action in connection with an unconditional commitment. § 54960.2. A member of a legislative body will not be criminally liable for a violation of the Brown Act unless the member intends to deprive the public of information which the member knows or has reason to know the public is entitled to under the Brown Act. § 54959. This standard became effective in 1994 and is a different standard from most criminal standards. Until it is applied and interpreted by a court, it is not clear what type of evidence will be necessary to prosecute a Brown Act violation. Ralph M. Brown Act Page 17 © 2019 Richards, Watson & Gershon 2272599 Summary of the Major Provisions of the Ralph M. Brown Act XII. CONCLUSION The Brown Act's many rules and ambiguities can be confusing, and compliance with it can be difficult. In the event that you have any questions regarding any provision of the law, you should contact your legal counsel for advice. Ralph M. Brown Act page 18 © 2019 Richards, Watson & Gershon 2272599 The Ralph M. Brown Act Updated including changes effective January 1, 2019 Ralph M. Brown Act Page 19 ® 2019 Richards, Watson & Gershon 9-272599 Text of the Raloh M. Brown Act The Ralph M. Brown Act Government Code §§ 54950-54963 Section 54950. Declaration of public policy In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. Section 54950.5. Title of act This chapter shall be known as the Ralph M. Brown Act. Section 54951. "Local agency" As used in this chapter, "local agency" means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency. Section 54952. "Legislative body" As used in this chapter, "legislative body" means: (a) The governing body of a local agency or any other local body created by state or federal statute. (b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision -making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter. (c) (1 ) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either: Ralph M. Brown Act Page 20 © 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brown Act (A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity. (B) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as ❑ full voting member by the legislative body of the lacai agency. (2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation, limited liability company, or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a nonvoting member. (d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. Section 54952.1. Conduct and treatment of electee Any person elected to serve as a member of a legislative body who has not yet assumed the duties of office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office. Section 54952.2. Specified communications of legislative body of local agency prohibited outside meeting thereof (a) As used in this chapter, "meeting" means any congregation of a majority of the members of a legislative body at the some time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. (b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1 ) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members Rolph M_ Brown Act Page 21 m 2019 Richards, Watson & Gershon 22725" Text of the Ralch M. Brown Act of the legislative body the comments or position of any other member or members of the legislative body. (c) Nothing in this section shall impose the requirements of this chapter upon any of the following: (l ) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b). (2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. (3) The attendance of a majority of the members ❑f a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members d❑ not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (4) The attendance of a majority of the members of a legislative body at ❑n open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers. Section 54952.3. Simultaneous or serial order meetings authorized; Requirements; Compensation or stipend {a) A legislative body that has convened a meeting and whose membership constitutes a quorum of any other legislative body may convene a meeting of that other legislative body, simultaneously ❑r in serial order, only if a clerk or a member of the Ralph M. Brown Act Page 22 ® 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brown Ad convened legislative body verbally announces, prior to convening any simultaneous or serial order meeting of that subsequent Iegislative body, the amount of compensation or stipend, if any, that each member will be entitled to receive as a result of convening the simultaneous or serial meeting of the subsequent legislative body and identifies that the compensation or stipend shall be provided as a result of convening o meeting for which each member is entitled to collect compensation or a stipend. However, the clerk of member of the legislative body shall not be required to announce the amount of compensation if the amount of compensation is prescribed in statute and no additional compensation has been authorized by a local agency. (b) For purposes of this section, compensation and stipend shall not include amounts reimbursed for actual and necessary expenses incurred by a member in the performance of the members official duties, including, but not limited to, reimbursement of expenses relating to travel, meals, and lodging. Section 54952.6. "Action taken" As used in this chapter, "action taken" means a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance. Section 54952.7. Copy of chapter A legislative body of a local agency may require that a copy of this chapter be given to each member of the legislative body and any person elected to serve as a member of the legislative body who has not assumed the duties of office. An elected legislative body of ❑ local agency may require that a copy of this chapter be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. Section 54953. Requirement that meetings be open and public; Teleconferencing: Teleconference meetings by health authority (a) All meetings of the legislative body of ❑ local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1 ) Notwithstanding any other provision of law, the legislative body of ❑ local agency may use teleconferencing for the benefit of the public and the legislative body of ❑ local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter Jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. Ralph M. Brown Act Page 23 © 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brown Act (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location Shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the #egislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 351 1.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. Ralph M. Brown Act Page 24 © 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brown Act (3) For purposes of this subdivision. a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to ❑ county sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (4) This subdivision shall remain in effect only until January 1, 2018. Section 54953.1. Grand jury testimony The provisions of this chapter shall not be construed to prohibit the members of the legislative body of a local agency from giving testimony in private before a grand jury, either as individuals or as a body. Section 54953.2. Meetings to conform to Americans with Disabilities Act All meetings of a legislative body of a local agency that are open and public shall meet the protections and prohibitions contained in Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Section 54953.3. Registration of attendance A member of the public shall not be required, as a condition to attendance at a meeting of ❑ legislative body of ❑ local agency, to register his or her name, to provide other information, to complete ❑ questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. If an attendance list, register, questionnaire, or other similar document is posted at or near the entrance to the room where the meeting is to be held, or is circulated to the persons present during the meeting, it shall state clearly that the signing, registering, or completion of the document is voluntary, and that all persons may attend the meeting regardless of whether a person signs, registers, or completes the document. Section 54953.5. Recording proceedings (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings with an audio or video recorder or a still or motion picture camera in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. (b) Any audio or video recording of an open and public meeting made for whatever purpose by or at the direction of the local agency shall be subject to inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Ralph M. Brown Act Page 25 © 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brown Act Division 7 of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30 days after the recording. Any inspection of an audio orvideo recording shall be provided without charge on equipment made available by the local agency Section 54953.6. Restrictions on broadcasts of proceedings No legislative body of a local agency shall prohibit or otherwise restrict the broadcast of its open and public meetings in the absence of a reasonable finding that the broadcast cannot be accomplished without noise, illumination, or obstruction of view that would constitute a persistent disruption of the proceedings. Section 54953.7. Access to meetings beyond minimal standards Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected legislative body of a local agency may impose such requirements on those appointed legislative bodies of the local agency of which all or a majority of the members are appointed by or under the authority of the elected legislative body. Section 54954. Rules for conduct of business; Time and place of meetings (a) Each legislative body of a local agency, except for advisory committees or standing committees, shall provide, by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings. Meetings of advisory committees or standing committees, for which an agenda is posted at least 72 hours in advance of the meeting pursuant to subdivision (a) of Section 54954.2, shall be considered for purposes of this chapter as regular meetings of the legislative body. (b) Regular and special meetings of the legislative body shall be held within the boundaries of the territory over which the local agency exercises jurisdiction, except to do any of the following- (1) Comply with state or federal law or court order, or attend a judicial or administrative proceeding to which the local agency is a party. (2) Inspect real or personal property which cannot be conveniently brought within the boundaries of the territory over which the local agency exercises jurisdiction provided that the topic of the meeting is limited to items directly related to the real or personal property. (3) Participate in meetings or discussions of multiagency significance that are outside the boundaries of a local agency's jurisdiction. However, any meeting or discussion held pursuant to this subdivision shall take place within the jurisdiction of one of the participating local agencies and be noticed by all participating agencies as provided for in this chapter, Ralph M. Brown Act Page 26 © 2019 Richards, Watson & Gershon 2272599 Text of the Raloh M. Brown Act (4) Meet in the closest meeting facility if the local agency has no meeting facility within the boundaries of the territory over which the local agency exercises jurisdiction, or at the principal office of the local agency if that office is located outside the territory over which the agency exercises jurisdiction. (5) Meet outside their immediate jurisdiction with elected or appointed officials of the United States or the State of California when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction. (6) Meet outside their immediate jurisdiction if the meeting takes place in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility. (7) Visit the office of the local agency's legal counsel for a closed session on pending litigation Meld pursuant to Section 54956.9, when to do so would reduce legal fees or costs. (c) Meetings of the governing board of a school district shall be held within the district, except under the circumstances enumerated in subdivision (b), or to do any of the following: (1) Attend a conference on nonadversorial collective bargaining techniques. (2) Interview members of the public residing in another district with reference to the trustees' potential employment of an applicant for the position of the superintendent of the district. (3) Interview a potential employee from another district, (d) Meetings of a joint powers authority shall occur within the territory of at least one of its member agencies, or as provided in subdivision (b). However, a joint powers authority which has members throughout the state may meet at any facility in the state which complies with the requirements of Section 54961. (e) If, by reason of fire, flood, earthquake, or other emergency, it shall be unsafe to meet in the place designated, the meetings shall be held for the duration of the emergency at the place designated by the presiding officer of the legislative body or his or her designee in a notice to the local media that have requested notice pursuant to Section 54956, by the most rapid means of communication available at the time. Section 54954.1. Request for notice, Renewal; Fee Any person may request that a copy of the agenda, or a copy of all the documents constituting the agenda packet, of any meeting of ❑ legislative body be mailed to that person. If requested, the agenda and documents in the agenda packet shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof, Upon receipt of the Ralph M. Brown Act Page 27 © 2019 Richards. Watson & Gershon 2272599 Text of the Ralph M. Brown Act written request, the legislative body or its designee shall cause the requested materials to be mailed at the time the agenda is posted pursuant to Section 54954.2 and 54956 or upon distribution to all, or a majority of all, of the members of a legislative body, whichever occurs first. Any request for mailed copies of agendas or agenda packets shall be va1'ld for the calendar year in which it is filed, and must be renewed following January 1 of each year. The legislative body may establish ❑ fee For mailing the agenda or agenda packet, which fee shall not exceed the cost of providing the service. Failure of the requesting person to receive the agenda or agenda packet pursuant to this section shall not constitute grounds for invalidation of the actions of the legislative body taken at the meeting for which the agenda or agenda packet was not received. Section 54954.2. Posting of agenda; Actions not on agenda (a) (1 ) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency's Internet Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, to whom, and when a request for disability -related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting, (2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site, the following provisions shall apply: (A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu, however, a link in addition to the direct link to the agenda may be accessible through a contextual menu. (B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements: H Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications. (ii) Platform independent and machine readable. Ralph M. Brown Act Page 28 © 2019 Richards, Watson & Gershon 2272599 Text or the Roloh M. Brown Act (iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda. (C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met: (i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state. (ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019. (iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform. (iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph ($). (D) For the purposes of this paragraph, both of the following definitions shall apply- (i) "Integrated agenda management platform" means an Internet Web site of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school dlstricf, or political subdivision established by the state to the public. (10 "Legislative body" has the some meaning as that term is used in subdivision (a) of Section 54952. (E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state. Ralph M. Brown Act Page 29 © 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brown AcI (3) Na action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony tights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual informofion, request staff to report back to the body at ❑ subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item. (l) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5. (2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. (d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency's Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards: (1 ) A legislative body as that term is defined by subdivision (a) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. Section 54954.3. Public testimony at regular meetings (a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, Ralph M. Brown Act Page 30 0 2019 Richards, Watson & Gershon 2272599 Text of the Raloh M. Brown Act before or during the legislative body's consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exciusiveiy of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee's consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body. Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item. (b) (1) The legislative body of a tocai agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated For public testimony on particular issues and for each individual speaker. (2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the some opportunity to directly address the legislative body of a local agency. (3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously. (c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. Section 54954.4. Legislative findings and declarations relating to reimbursements; Legislative intent; Review of claims (a) The Legislature hereby finds and declares that Section 12 of Chapter 641 of the Statutes of 1986, authorizing reimbursement to local agencies and school districts for costs mandated by the state pursuant to that act, shall be interpreted strictly. The intent of the Legislature is to provide reimbursement for only those costs which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986. (b) In this regard, the Legislature directs all state employees and officials involved in reviewing or authorizing claims for reimbursement, or otherwise participating in the reimbursement process, to rigorously review each claim and authorize only those claims, or parts thereof, which represent costs which are clearly and unequivocally incurred as Ralph M. Brown Act Page 31 © 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brown Act the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986 and for which complete documentation exists. For purposes of Section 54954.2, costs eligible for reimbursement shall only include the actual cost to post a single agenda for any one meeting. (c) The Legislature hereby finds and declares that complete, faithful, and uninterrupted compliance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) is a matter of overriding public importance. Unless specifically stated, no future Budget Act, or related budget enactments, shall, in any manner, be interpreted to suspend, eliminate, or otherwise modify the legal obligation and duty of local agencies to fully comply with Chapter 641 of the Statutes of 1986 in a complete, faithful, and uninterrupted manner. Section 54954.5. Description of closed session items For purposes of describing closed session items pursuant to Section 54954.2, the agenda may describe closed sessions as provided below, No legislative body or elected official shall be in violation of Section 54954.2 or 54956 if the closed session items were described in substantial compliance with this section. Substantial compliance is satisfied by including the information provided below, irrespective of its format. (a) With respect to a closed session held pursuant to Section 54956.7: LICENSE/PERMIT DETERMINATION Applicant(s): (Specify number of applicants) (b) With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: (Specify street address, or if no street address, the parcel number or other unique reference, of the real property under negotiation) Agency negotiator: (Specify names of negotiators attending the closed session) (If circumstances necessitate the absence of a specified negotiator, an agent or designee may participate in place of the absent negotiator so long as the name of the agent or designee is announced at an open session held prior to the closed session.) Negotiating parties: (Specify name of party (not agent)) Under negotiation: (Specify whether instruction to negotiator will concern price, terms of payment, or both) (c) With respect to every Item of business to be discussed in closed session pursuant to Section 54956.9: Ralph M. Brown Act Page 32 C@ 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brown Act CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: (Specify by reference to claimant's name, names of parties, case or claim numbers) or Case name unspecified: (Specify whether disclosure would jeopardize service of process or existing settlement negotiations) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (Specify number of potential cases) (In addition to the information noticed above, the agency may be required to provide additional information on the agenda or in an oral statement prior to the closed session pursuant to paragraphs (2) to (5), inclusive, of subdivision (e) of Section 54956.9.) Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (Specify number of potential cases) (d) With respect to every item of business to be discussed in closed session pursuant to Section 54956,95: LIABILITY CLAIMS Claimant: (Specify name unless unspecified pursuant to Section 54961) Agency claimed against: (Specify name) (e) With respect to every item of business to be discussed in closed session pursuant to Section 54957: THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: (Specify name of law enforcement agency and title of officer, or name of applicable agency representative and title) PUBLIC EMPLOYEE APPOINTMENT Title: (Specify description of position 'o be filled) PUBLIC EMPLOYMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Ralph M. Brown Act Page 33 O 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brown Act Title: (Specify position title of employee being reviewed) PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (No additional information is required in connection with a closed session to consider discipline, dismissal, or release of a public employee. Discipline includes potential reduction of compensation.) (f) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: (Specify names of designated representatives attending the closed session) {If circumstances necessitate the absence of a specified designated representative, an agent or designee may participate in place of the absent representative so long as the name of the agent or designee is announced at an open session held prior to the closed session.) Employee organization: (Specify name of organization representing employee or employees in question) or Unrepresented employee: (Specify position title of unrepresented employee who is the subject of the negotiations) (g) With respect to closed sessions called pursuant to Section 54957.8: CASE REVIEW/PLANNING (No additional information is required in connection with a closed session to consider case review or planning.) (h) With respect to every item of business to be discussed in closed session pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code: REPORT INVOLVING TRADE SECRET Discussion will concern: (Specify whether discussion will concern proposed new service, program, or facility) Estimated date of public disclosure: (Specify month and year) HEARINGS Ralph M. Brown Act Page 34 © 2019 Richards, Watson & Gershon 2272599 Text of the Raloh M. Brown Act Subject matter: (Specify whether testimony/deliberation will concern staff privileges, report of medical audit committee, or report of quality assurance committee) (i) With respect to every item of business to be discussed in closed session pursuant to Section 54956.86: CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW (No additional information is required in connection with a closed session to discuss a charge or complaint pursuant to Section 54956.86.) (j) With respect to every item of business to be discussed in closed session pursuant to Section 54956.96: CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name) Discussion will concern: (Specify closed session description used by the joint powers agency) Name of local agency representative on joint powers agency board: (Specify name) (Additional information listing the names of agencies or titles of representatives attending the closed session as consultants or other representatives.) (k) With respect to every item of business to be discussed in closed session pursuant to Section 54956.75: AUDIT BY CALIFORNIA STATE AUDITOR'S OFFICE Section 54954.6. Public meeting on general tax or assessment; Notice (a) (1) Before adopting any new or increased general tax or any new or increased assessment, the legislative body of a local agency shall conduct at least one public meeting at which local officials shall allow public testimony regarding the proposed new or increased general tax or new or increased assessment in addition to the noticed public hearing at which the i'egislative body proposes to enact or increase the general tax or assessment. For purposes of this section, the term "new or increased assessment" does not include any of the foilawing: (A) A fee that does not exceed the reasonable cost of providing the services, facilities, or regulatory activity for which the fee is charged. (B) A service charge, rate, or charge, unless a special district's principal act requires the service charge, rate, or charge to conform to the requirements of this section. Ralph M. Brown Act Page 35 Q 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brown AC (C) An ongoing annual assessment if it is Imposed ❑t the some or lower amount as ❑ny previous year, (D) An assessment that does not exceed ❑n assessment formula or range of assessments previously specified in the notice given to the public pursuant to subparagraph (G) of paragraph (2) of subdivision (c) and that was previously adopted by the ❑gency or approved by the voters in the area where the assessment is imposed. (E) Standby or immediate availability charges. (2) The legislative body shall provide at least 45 days' public notice ❑f the public hearing at which the legislative body proposes t❑ enact or increase the general tax or assessment. The legislative body shall provide notice for the public meeting at the some time and in the same document ❑s the notice for the public hearing, but the meeting shall occur prior to the hearing. (b) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased general tax shall be accomplished by placing a display ❑dvertisement of at least one -eighth page in a newspaper of general circulation for three weeks pursuant to Section 6063 and by a first- class mailing to those interested parties who have filed a written request with the local agency for mailed notice of public meetings or hearings on new or increased general taxes. The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the first publication ❑f the joint notice pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. Notwithstanding paragraph (2) of subdivision (a), the joint notice need not include notice of the public meeting after the meeting has taken place. The public hearing pursuant to subdivision (a) shall take place no earlier than 45 days after the first publication of the joint notice pursuant to this subdivision. Any written request for mailed notices shall be effective for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. (2) The notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following: (A) The amount or rate of the tax. If the tax is proposed to be increased from any previous year, the joint notice shall separately state both the existing tax rate and the proposed tax rate increase. (B) The activity to be taxed. (C) The estimated amount of revenue to be raised by the tax annually. (D) The method and frequency for collecting the tax. (E) The dates, times, and locations of the public meeting and hearing described in subdivision (a). Ralph M. Brown Act Page 36 © 2019 Richards, Watson & Gershon 2272599 Text of the RalOh M. Brown Act (F) The telephone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the tax. (c) (1 ) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to ❑ proposal for ❑ new or Increased assessment on real property or businesses shall be accomplished through a mailing, postage prepaid, in the United States mail and shall be deemed given when so deposited. The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the joint mailing pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. The envelope or the cover of the mailing shall include the name of the local agency and the return address of the sender. This mailed notice shall be in at least 1 0-point type and shall be given to all property owners or business owners proposed to be subject to the new or increased assessment by a mailing by name to those persons whose names and addresses appear on the last equalized county assessment roil, the State Board of Equalization assessment roll, or the local agency's records pertaining to business ownership, as the case may be. (2) The joint notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following: (A) In the case of an assessment proposed to be levied on property, the estimated amount of the assessment per parcel. In the case of an assessment proposed to be levied on businesses, the proposed method and basis of levying the assessment in sufficient detail to allow each business owner to calculate the amount of assessment to be levied against each business. If the assessment is proposed to be increased from any previous year, the joint notice shall separately state both the amount of the existing assessment and the proposed assessment increase. (B) A general description of the purpose or improvements that the assessment will fund. (C) The address to which property owners may mail a protest against the assessment, (o) The telephone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the assessment. (E) A statement that a majority protest will cause the assessment to be abandoned if the assessment act used to levy the assessment so provides. Notice shall also state the percentage of protests required to trigger ❑n election, if applicable. (F) The dates, times, and locations of the public meeting and hearing described in subdivision (a). (G) A proposed assessment formula or range as described in subparagraph (0) of paragraph (1) of subdivision (a) if applicable and that is noticed pursuant to this section. Ralph M. Brown Act Page 37 © 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brown Act (3) Notwithstanding paragraph (1), in the case of an assessment that is proposed exclusively for operation and maintenance expenses imposed throughout the entire local agency, or exclusively for operation and maintenance assessments proposed to be levied on 50,000 parcels or more, notice may be provided pursuant to this subdivision or pursuant to paragraph (1 ) of subdivision (b) and shall include the estimated amount of the assessment of various types, amounts, or uses of property and the information required by subparagraphs (B) to (G), inclusive, of paragraph (2) of subdivision (c). (4) Notwithstanding paragraph (1), in the case of an assessment proposed to be levied pursuant to Part 2 (commencing with Section 22500) of Division 2 of the Streets and Highways Code by a regional park district, regional park and open -space district, or regional open -space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of, or pursuant to Division 26 (commencing with Section 35100) of, the Public Resources Code, notice may be provided pursuant to paragraph (1 ) of subdivision (b). (d) The notice requirements imposed by this section shall be construed as additional to, and not to supersede, existing provisions of law, and shall be applied concurrently with the existing provisions so as to not delay or prolong the governmental decisionmaking process. (e) This section shall not apply to any new or increased general tax or any new or increased assessment that requires an election of either of the following: (1 ) The property owners subject to the assessment. (2) The voters within the local agency imposing the tax or assessment. (fj Nothing in this section shall prohibit a local agency from holding a consolidated meeting or hearing at which the legislative body discusses multiple tax or assessment proposals. (g) The local agency may recover the reasonable costs of public meetings, public hearings, and notice required by this section from the proceeds of the tax or assessment. The costs recovered for these purposes. whether recovered pursuant to this subdivision or any other provision of law, shall not exceed the reasonable costs of the public meetings, public hearings, and notice. (h) Any new or increased assessment that is subject to the notice and hearing provisions of Article Xlil C or XIII D of the California Constitution is not subject to the notice and hearing requirements of this section. Section 54955. Adjournment of meetings The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting the clerk or secretary of the Ralph M. Brown Act Page 38 © 2019 Richards, Watson & Gershon 2272599 Text of the Roloh M. Brown Act legislative body may declare the meeting adjourned to a stated time and place and he shall cause a written notice of the adjournment to be given in the same manner as provided in Section 54956 for special meetings. unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw, or other rule. Section 54955.1. Continuance of hearing Any hearing being held, or noticed or ordered to be held, by a legislative body of a local agency at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the legislative body in the same manner and to the same extent set forth in Section 54955 for the adjournment of meetings: provided, that if the hearing is continued fo ❑ time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made. Section 54956. Special meetings; call; notice; meetings regarding local agency executive salaries, salary schedules, or compensation in form of fringe benefits; posting on Internet Web site (a) A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the local agency's Internet Web site, if the local agency has one. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the cleric or secretary of the legislative body a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. (b) Notwithstanding any other law, a legislative body shall not call a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits, of a local agency executive, as defined in subdivision (d) of Section 351 1.1. Ralph M. Brown Act Page 39 C 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brown Act However, this subdivision does not apply to a local agency calling a special meeting to discuss the local agency's budget. (c) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency's Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards: A legislative body as that term is defined by subdivision (a) of Section 54952 (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. Section 54956.5. Emergency meetings, Notice (a) For purposes of this section, "emergency situation" means both of the following: (1 ) An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. (2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one -hour notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body. (b) (1 ) Subject to paragraph (2), in the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Section 54956 or both of the notice and posting requirements. (2) Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting, or, in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting. This notice shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this Section shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible. (c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Section 54957 if agreed to by a two-thirds vote of the members Ralph M. Brown Act Page 40 C 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brown Acl of the legislative body present, or, if less than two-thirds of the members are present, by ❑ unanimous vote of the members present. (d) All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement. (e) The minutes of ❑ meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for ❑ minimum of 10 days in a public place as soon after the meeting as possible. Section 54956.6. Fees No fees may be charged by the legislative body of a local agency for carrying out any provision of this chapter, except as specifically authorized by this chapter. Section 54956.7. Closed sessions regarding application from person with criminal record Whenever a legislative body of a local agency determines that it is necessary to discuss and determine whether an applicant for ❑ license or license renewal, who has ❑ criminal record, is sufficiently rehabilitated to obtain the license, the legislative body may hold a closed session with the applicant and the applicant's attorney, if any, for the purpose of holding the discussion and making the determination. If the legislative body determines, as ❑ result of the closed session, that the issuance or renewal of the license should be denied, the applicant shall be offered the opportunity to withdraw the application. If the applicant withdraws the application, no record shall be kept of the discussions or decisions made at the closed session and all matters relating to the closed session shall be confidential. If the applicant does not withdraw the application, the legislative body shall take action at the public meeting during which the closed session is held or at its next public meeting denying the application for the license but all matters relating to the closed session are confidential and shall not be disclosed without the consent of the applicant, except in an action by an applicant who has been denied a license challenging the denial of the license. Section 54956.75. Closed session for response to final draft audit report (a) Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency that has received a confidential final draft audit report from the Bureau of State Audits from holding closed sessions to discuss its response to that report. (b) After the public release of an audit report by the Bureau of State Audits, if a legislative body of a local agency meets to discuss the audit report, it shall do so in an open session unless exempted from that requirement by some other provision of law. Ralph M. Brown Act Page 41 © 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brown Act Section 54956.8. Closed sessions regarding real property negotiations Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease. However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its negotiators, the real property or real properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate. For purposes of this section, negotiators may be members of the legislative body of the local agency. For purposes of this section, "lease" includes renewal or renegotiation of a lease. Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956.9. Section 54956.81. Closed sessions regarding purchase or sale of pension fund investments Notwithstanding any other provision of this chapter, ❑ legislative body of a local agency that invests pension funds may hold a closed session to consider the purchase or sale of particular, specific pension fund investments. All investment transaction decisions made during the closed session shall be made by roilcall vote entered into the minutes of the closed session as provided in subdivision (a) of Section 54957.2. Section 54956.86. Closed session for health plan member Notwithstanding any other provision of this chapter, a legislative body of a local agency which provides services pursuant to Section 14087.3 of the Welfare and Institutions Code may hold a closed session to hear a charge or complaint from a member enrolled in its health plan if the member does not wish to have his or her name, medical status, or other information that is protected by federal law publicly disclosed. Prior to holding a closed session pursuant to this section, the legislative body shall inform the member, in writing, of his or her right to have the charge or complaint heard in an open session rather than a closed session. Section 54956.87. Disclosure of records and information, Meetings in closed session (a) Notwithstanding any other provision of this chapter, the records of a health plan that is licensed pursuant to the Knox -Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors, whether paper records, records maintained in the management information system, or records in any other form, that relate to provider rate or payment determinations, allocation or distribution methodologies for provider payments, formulas or calculations for these payments, and contract negotiations with providers of health care for alternative rates are exempt from Ralph M. Brown Act Page 42 C 2019 Richards, Watson & Gershon 2272599 Text of the Raloh M. brown Act disclosure for a period of three years after the contract is fully executed. The transmission of the records, or the information contained therein in an alternative form, to the board of supervisors shall not constitute a waiver of exemption from disclosure, and the records and information once transmitted to the board of supervisors shall be subject to this some exemption. (b) Notwithstanding any other provision of law, the governing board of a health plan that is licensed pursuant to the Knox -Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors may order that a meeting held solely for the purpose of discussion or taking action on health plan trade secrets, as defined in subdivision (f), shall be held in closed session. The requirements of making a public report of action taken in closed session, and the vote or abstention of every member present, may be limited to a brief general description without the information constituting the trade secret. (c) Notwithstanding any other provision of law, the governing board of a health plan may meet in closed session to consider and take action on matters pertaining to contracts and contract negotiations by the health plan with providers of health care services concerning all matters related to rates of payment. The governing board may delete the portion or portions containing trade secrets from any documents that were finally approved in the closed session held pursuant to subdivision (b) that are provided to persons who have made the timely or standing request. (d) Nothing in this section shall be construed as preventing the governing board from meeting in closed session as otherwise provided by law. (e) The provisions of this section shall not prevent access to any records by the Joint Legislative Audit Committee in the exercise of its powers pursuant to Article 1 (commencing with Section 10500) of Chapter 4 of Part 2 of Division 2 of Title 2. The provisions of this section also shall not prevent access to any records by the Department of Corporations in the exercise of its powers pursuant to Article 1 (commencing with Section 1340) of Chapter 2.2 of Division 2 of the Health and Safety Code. (f) For purposes of this section, "health plan trade secret" means a trade secret, as defined in subdivision (d) of Section 3426.1 of the Civil Code, that also meets both of the following criteria: (1) The secrecy of the information is necessary for the health plan to initiate a new service, program, marketing strategy, business plan, or technology, or to add a benefit or product. (2) Premature disclosure of the trade secret would create a substantial probability of depriving the health plan of a substantial economic benefit or opportunity. Ralph M. Brawn Act Page 43 © 2019 Richards, Watson & Gershon 2272599 Text of the Roloh M. Brown Aci Section 54956.9. Closed sessions concerning pending litigation; Lawyer -client privilege (a) Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation. (b) For purposes of this chapter, all expressions of the lawyer -client privilege other than those provided in this Section are hereby abrogated, This Section is the exclusive expression of the lawyer -client privilege for purposes of conducting closed -session meetings pursuant to this chapter. (c) For purposes of this section, "litigation" includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. (d) For purposes of this section, litigation shall be considered pending when any of the following circumstances exist: Litigation, to which the local agency is a party, has been initiated formally (2) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. (3) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (2). (4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. (e) For purposes of paragraphs (2) and (3) of subdivision (d), "existing facts and circumstances" shall consist only of one of the following: (1) Facts and circumstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. (2) Facts and circumstances. including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced. (3) The receipt of a claim pursuant to the Government Claims Act (Division 3.6 (commencing with Section 81 Q) of Title 1 of the Government Code) or some otherwritten Ralph M. Brown Act Page 44 © 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brown Act communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5. (4) A statement made by a person in an open and public meeting threatening litigation on a specific matter within the responsibility of the legislative body. (5) A statement threatening litigation made by a person outside an open and public meeting an a specific matter within the responsibility of the legislative body so long as the official or employee of the local agency receiving knowledge of the threat makes a contemporaneous or other record of the statement prior to the meeting, which record shall be available for public inspection pursuant to Section 54957.5. The records so created need not identify the alleged victim of unlawful or tortious sexual conduct or anyone making the threat on their behalf, or identify a public employee who is the alleged perpetrator of any unlawful or tortious conduct upon which a threat of litigation is based, unless the identity of the person has been publicly disclosed. (f) Nothing in this Section shall require disclosure of written communications that are privileged and not subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). (g) Prior to holding a closed session pursuant to this section, the legislative body of the local agency shall state on the agenda or publicly announce the paragraph of subdivision (d) that authorizes the closed session. If the session is closed pursuant to paragraph (1) of subdivision (d), the body shall state the title of or otherwise specifically identify the litigation to be discussed, unless the body states that to do so would jeopardize the agency's ability to effectuate service of process upon one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. (h) A local agency shall be considered to be ❑ "party" or to have ❑ "significant exposure to litigation" if an officer or employee of the local agency is a party or has significant exposure to litigation concerning prior or prospective activities or alleged activities during the course and scope of that office or employment, including litigation in which it is an issue whether an activity is outside the course and scope of the office or employment. Section 54956.95. Closed sessions regarding liability (a) Nothing in this chapter shall be construed to prevent a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, for purposes of insurance pooling, or a local agency member of the joint powers agency, from holding ❑ closed session to discuss ❑ claim for the payment of tort liability losses, public liability iosses, or workers' compensation liability incurred by the joint powers agency or a local agency member of the joint powers agency. (b) Nothing in this chapter shall be construed to prevent the Local Agency Self - Insurance Authority formed pursuant to Chapter 5.5 (commencing with Section 6599.01) of Division 7 of Title 1, or a local agency member of the authority, from holding a closed Ralph M. Brown Act Page 45 0 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brown Act session to discuss a claim for the payment of fort liability losses, public liability losses, or workers' compensation liability incurred by the ❑uthority or a local agency member of the authority. (c) Nothing in this section shall be construed to affect Section 54956.9 with respect to any other local agency. Section 54956.96. Disclosure of specified information in closed session of joint powers agency; Authorization of designated alternate to offend closed session; Closed session of legislative body of local agency member (a) Nothing in this chapter shall be construed to prevent the legislative body of a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of ❑ivision 7 of Title 1, from adopting a policy or a bylaw cr including in its joint powers agreement provisions that authorize either or both of the following: (1) All information received by the legislative body of the local agency member in a closed session related to the information presented to the joint powers agency in closed session shall be confidential. However, a member of the legislative body of a member local agency may disclose information obtained in a closed session that has direct financial or liability implications for that local agency to the following individuals: (A) Legal counsel of that member local agency for purposes of obtaining advice on whether the matter has direct financial or liability implications for that member local agency. (B) Other members of the legislative body of the local agency present in a closed session of that member local agency. (2) Any designated alternate member of the legislative body of the joint powers ❑gency who is ❑lso a member of the legislative body ❑f a local agency member and who is attending a properly noticed meeting of the joint powers agency in lieu of a local agency member's regularly appointed member to attend closed sessions of the joint powers agency. (b) If the legislative body of a joint powers agency adopts a policy or a bylaw or includes provisions in its joint powers agreement pursuant to subdivision (a), then the legislative body of the local agency member, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss, ❑nd take action concerning information obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a). Section 54957. Closed session regarding public security, facilities, employees, examination of witness (a) This chapter shall not be construed to prevent the legislative body of a local agency from holding closed sessions with the Governor, Attorney General, district attorney, agency counsel, sheriff, or chief of police. ❑r their respective deputies, or a Ralph M. Brown Act Page 46 m 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brown Act security consultant or a security operations manager, on matters posing a threat to the security of public buildings, a threat to the security of essential public services, including water, drinking water, wastewater treatment, natural gas service, and electric service, or a threat to the public's right of access to public services or public facilities. (b) (1) Subject to paragraph (2), this chapter shall not be construed to prevent the legislative body of a local, agency from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session. (2) As a condition to holding a closed session on specific complaints or charges brought against an employee by another person or employee, the employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than ❑ closed session, which notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding the session. If notice is not given, any disciplinary or other action taken by the legislative body against the employee based on the specific complaints or charges in the closed session shall be null and void. (3) The legislative body also may exclude from the public or closed meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body. (4) For the purposes of this subdivision, the term "employee" shall include an officer or an independent contractor who functions as an officer or an employee but shall not include any elected official, member of a legislative body or other independent contractors. This subdivision shall not limit local officials' ability to hold closed session meetings pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code. Closed sessions held pursuant to this subdivision shall not Include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline. Section 54957.1. Public report of action taken in closed session; Form; Availability; Actions for injury to interests (a] The legislative body of any local agency shall publicly report any action taken in closed session and the vote or abstention on that action of every member present, as follows: (i ) Approval of an agreement concluding real estate negotiations pursuant to Section 54956.8 shall be reported after the agreement is final, as follows: (A) If its own approval renders the agreement final, the body shall report that approval and the substance of the agreement in open session at the public meeting during which the closed session is held. Ralph M. Brown Act Page 47 © 2019 Richards, Watscn & Gershon 2272599 Text of the Ralph M. Brown Act (B) if final approval rests with the other party to the negotiations, the local agency shalt disclose the fact of that approval and the substance of the agreement upon inquiry by any person, as soon as the other party or its agent has informed the local agency of its approval. (2) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a consultation under Section 54956,9 shall be reported in open session at the public meeting during which the closed session is held. The report shall identify, if known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agency's ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. (3) Approval given to its legal counsel of a settlement of pending litigation, as defined in Section 54956.9, at any stage prior to or during a judicial or quasi-judicial proceeding shall be reported after the settlement is final, as follows: (A) If the legislative body accepts a settlement offer signed by the opposing party, the body shall report its acceptance and identify the substance of the agreement in open session at the public meeting during which the closed session is held. (B) If final approval rests with some other party to the litigation or with the court, then as soon as the settlement becomes final, and upon inquiry by any person, the local agency shall disclose the fact of that approval, and identify the substance of the agreement, (4) Disposition reached as to claims discussed in closed session pursuant to Section 54956.95 shall be reported as soon as reached in a manner that identifies the name of the claimant, the name of the local agency claimed against, the substance of the claim, and any monetary amount approved for payment and agreed upon by the claimant. (5) Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which the closed session is held. Any report required by this paragraph shall identify the title of the position. The general requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any. (6) Approval of an agreement concluding labor negotiations with represented employees pursuant to Section 54957.6 shall be reported after the agreement is final and Ralph M. Brown Act Page 48 p 2019 Richards, Watson & Gershon 2272599 Text a the Ralph M. Brown Act has been accepted or ratified by the other party. The report shall identify the item approved and the other party or parties to the negotiation. (7) Pension fund investment transaction decisions made pursuant to Section 54956.81 shall be disclosed at the first open meeting of the legislative body held after the earlier of the close of the investment transaction or the transfer of pension fund assets for the investment transaction. (b) Reports that are required to be made pursuant to this Section may be made orally or in writing. The legislative body shall provide to any person who has submitted a written request to the legislative body within 24 hours of the posting of the agenda, or to any person who has made a standing request for all documentation as part of a request for notice of meetings pursuant to Section 54954.1 or 54956, if the requester is present at the time the closed session ends, copies of any contracts, settlement agreements, or other documents that were finally approved or adopted in the closed session. If the action taken results in one or more substantive amendments to the related documents requiring retyping, the documents need not be released until the retyping is completed during normal business hours, provided that the presiding officer of the legislative body or his or her designee orally summarizes the substance of the amendments for the benefit of the document requester or any other person present and requesting the information. (c) The documentation referred to in subdivision (b) shall be available to any person on the next business day following the meeting in which the action referred to is taken or, in the case of substantial amendments, when any necessary retyping is complete. (d) Nothing in this section shall be construed to require that the legislative body approve actions not otherwise subject to legislative body approval. (e) No action for injury to ❑ reputational, liberty, or other personal interest may be commenced by or on behalf of any employee or former employee with respect to whom a disclosure is made by a legislative body in an effort to comply with this section. (f) This Section is necessary to implement, and reasonably within the scope of. paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. Section 54957.2. Minute book for closed sessions (a) The legislative body of a local agency may, by ordinance or resolution, designate a clerk or other officer or employee of the local agency who shall then attend each closed session of the legislative body and keep and enter in a minute book a record of topics discussed and decisions made at the meeting. The minute book made pursuant to this section is not ❑ public record subject to inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and shall be kept confidential. The minute book shall be available only to members of the legislative body or, if a violation of this chapter is alleged to have occurred at a closed session, to ❑ court of general jurisdiction wherein the local agency lies. Such minute book may, but need not, consist of a recording of the closed session. Ralph M. Brown Act Poge 49 © 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brawn Act (b) An elected legislative body of a local agency may require that each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body keep a minute book as prescribed under subdivision (a). Section 54957.5. Agendas and other writings as public records (a) Notwithstanding Section 6255 or any other law, agendas of public meetings and any other writings, when distributed to all, or a majority of all, of the members of a legislative body of a local agency by any person in connection with a matter subject to discussion or consideration at an open meeting of the body, are disclosable public records under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and shall be made available upon request without delay. However, this section shall not include any writing exempt from public disclosure under Section 6253.5, 6 25 4, 6254.3, 6254.7, 6254.15, 6254.16, 6254.22, or 6254.26. (b) (1) If a writing that is a public record under subdivision (a), and that relates to an agenda item for an open session of a regular meeting of the legislative body of a local agency, is distributed less than 72 hours prior to that meeting, the writing shall be made available for public inspection pursuant to paragraph (2) at the time the writing is distributed to ❑ll, or a majority of all, of the members of the body. (2) A local agency shall make any writing described in paragraph (1) available for public inspection at a public office or location that the agency shall designate for this purpose. Each local agency shall list the address of this office or location on the agendas for all meetings of the legislative body of that agency. The local agency also may post the writing on the local agency's Internet Web site in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting. (3) This subdivision shall become operative on July 1, 2008. (c) Writings that are public records under subdivision (a) and that are distributed during a public meeting shall be made available for public inspection at the meeting if prepared by the local agency or a member of its legislative body, or after the meeting if prepared by some other person. These writings shall be made available in appropriate alternative formats upon request by a person with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. (d) This chapter shall not be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 6253, except that a surcharge shall not be imposed on persons with disabilities in violation of Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. (e) This section shall not be construed to limit or delay the public's right to inspect or obtain a copy of any record required to be disclosed under the requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 Ralph M. Brown Act Page 50 © 2019 Richards, Watson & Gershon 2272599 Text of the Rolph M. Brown Act of Title 1). This chapter shall not be construed to require a legislative body of a local agency to place any paid advertisement or any other paid notice in any publication. Section 54957.6. Closed sessions regarding employee matters (a) Notwithstanding any other provision of low, a legislative body of a local agency may hold closed sessions with the local agency's designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and. for represented employees, any other matter within the statutorily provided scope of representation. However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives. Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for the purpose of reviewing its position and instructing the local agency's designated representatives.. Closed sessions, as permitted in this section, may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees. Closed sessions with the local agency's designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agency's available funds and funding priorities, but only Insofar as these discussions relate to providing instructions to the local agency's designated representative. Closed sessions held pursuant to this section shall not include final action on the proposed compensation of one or more unrepresented employees. For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings. (b) For the purposes of this section, the term "employee" shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or other independent contractors. Section 54957.7. Disclosure of items to be discussed at closed session (a) Prior to holding any closed session, the legislative body of the local agency shall disclose, in an open meeting, the item or items to be discussed in the closed session, The disclosure may take the form of a reference to the item or items as they are listed by number or letter on the agenda. In the closed session, the legislative body may consider only those matters covered in its statement. Nothing in this section shall require or authorize a disclosure of information prohibited by state or federal law. Ralph M, Brown Act Page 51 © 2019 Richards, Watson & Gershon 2272599 Text of the Rabin M. Brown Act (b) After any closed session, the legislative body shall reconvene into open session prior to adjournment and shall make any disclosures required by Section 54957.1 of action taken in the closed session. (c) The announcements required to be made in open session pursuant to this section may be made at the location announced in the agenda for the closed session, as long as the public is allowed to be present at that location for the purpose of hearing the announcements. Section 54957.8. Closed sessions of multijurisdictional drug law enforcement agencies (a) For purposes of this section, "multijurisdictional law enforcement agency" means a joint powers entity formed pursuant to Article i (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 that provides law enforcement services for the parties to the joint powers agreement for the purpose of investigating criminal activity involving drugs; gangs; sex crimes; firearms trafficking or felony possession of a firearm, high technology, computer, or identity theft; human trafficking; or vehicle theft. (b) Nothing contained in this chapter shall be construed to prevent the legislative body of a multijurisdictional law enforcement agency, or an advisory body of a multijurisdictional law enforcement agency, from holding closed sessions to discuss the case records of any ongoing criminal investigation of the multijurisdictional law enforcement agency or of any party to the joint powers agreement, to hear testimony from persons involved in the investigation, and to discuss courses of action in particular cases. Section 54957.9. Authorization to clear room where meeting willfully interrupted; Readmission In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting, Section 54957.10. Closed sessions regarding application for early withdrawal of deferred compensation plan funds Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions to discuss a local agency employee's application for early withdrawal of funds in a deferred compensation plan when the application is based on Ralph M. Brown Act Page 52 fl 2019 Richards, Watson & Gershon 2272599 Text of the Ralph M. Brown Act financial hardship arising from an unforeseeable emergency due to illness, accident, casualty, or other extraordinary event, as specified in the deferred compensation plan. Section 54958. Application of chapter The provisions of this chapter shall apply to the legislative body of every local agency notwithstanding the conflicting provisions of any other state law. Section 54959, Criminal penalty for violation of chapter Each member of a legislative body who attends a meeting of thaf legislative body where action is taken in violation of any provision of this chapter, and where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under this chapter, is guilty of ❑ misdemeanor. Section 54960. Proceeding to prevent violation of chapter, Recording closed sessions; Procedure for discovery of tapes (a) The district attorney or any interested person may commence an action by mandamus, injunction, or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body, or to determine the applicability of this chapter to past actions of the legislative body, subject to Section 54960.2, or to determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws of this state or of the United States, or to compel the legislative body to audio record its closed sessions as hereinafter provided. (b) The court in its discretion may, upon a judgment of a violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957, or 54957.6, order the legislative body to audio record its closed sessions and preserve the audio recordings for the period and under the terms of security and confidentiality the court deems appropriate. (c) (1) Each recording so kept shall be immediately labeled with the date of the closed session recorded and the title of the clerk or other officer who shall be custodian of the recording. (2) The audio recordings shall be subject to the following discovery procedures: (A) In any case in which discovery or disclosure of the audio recording is sought by either the district attorney or the plaintiff in a civil action pursuant to Section 54959, 54960, or 54960.1 alleging that a violation of this chapter has occurred in a closed session that has been recorded pursuant to this section, the party seeking discovery or disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency that has custody and control of the audio recording. The notice shall be given pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure. Ralph M. Brown Act Page 53 © 2019 Richards, Watson & Gershon 2272599 Text of the ROloh M. Brown Act (B) The notice shall include, in addition to the items required by Section 1010 of the Code of Civil Procedure, all of the following: (i) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the date and time of the meeting recorded, and the governmental agency that has custody and control of the recording. (ii) An affidavit that contains specific facts indicating that a violation of the act occurred in the closed session. (3) If the court, following a review of the motion, finds that there is good cause to believe that a violation has occurred, the court may review, in camera, the recording of that portion of the closed session alleged to have violated the act. (4) If, following the in camera review, the court concludes that disclosure of a portion of the recording would be likely to materially assist in the resolution of the litigation alleging violation of this chapter, the court shall, in its discretion, make a certified transcript of the portion of the recording a pubfic exhibit in the proceeding. (5) This Section shall not permit discovery of communications that are protected by the attorney -client privilege. Section 54960.1. Proceeding to determine validity of action; Demand for correction (a) The district attorney or any interested person may commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that an action taken by a legislative body of a local agency in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 is null and void under this section. Nothing in this chapter shall be construed to prevent a legislative body from curing or correcting an action chat€enged pursuant to this section- (b) Prior to any action being commenced pursuant to subdivision (a), the district attorney or interested person shall make a demand of the legislative body to cure or correct the action alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5. The demand shall be in writing and clearly describe the challenged action of the legislative body and nature of the alleged violation. (c) (1) The written demand shall be made within 90 days from the date the action was taken unless the action was taken in an open session but in violation of Section 54954.2, in which case the written demand shall be made within 30 days from the date the action was taken. (2) Within 30 days of receipt of the demand, the legislative body shall cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct or inform the demanding party in writing of its decision not to cure or correct the challenged action. Ralph M. Brown Act Page 54 © 2019 Richards, Watson & Gershon 2272599 text of the Ralph M. Brown Act (3) If the legislative body takes no action within the 30-day period, the inaction shall be deemed a decision not to cure or correct the challenged action, and the 15- day period to commence the action described in subdivision (a) shall commence to run the day after the 30-day period to cure or correct expires. (4) Within 15 days of receipt of the written notice of the legislative body's decision to cure or correct, or not to cure or correct, or within 15 days of the expiration of the 30-day period to cure or correct, whichever is earlier, the demanding party shall be required to commence the action pursuant to subdivision (a) or thereafter be barred from commencing the action. (d) An action taken that is alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 shall not be determined to be null and void if any of the following conditions exist: (1) The action taken was in substantial compliance with Sections 54953, 54954.2, 54954.5, 54954.6, 54956, and 54956.5. (2) The action taken was in connection with the sale or issuance of notes, bonds, or other evidences of indebtedness or any contract, instrument, or agreement thereto. (3) The action taken gave rise to a contractual obligation, including a contract let by competitive bid other than compensation for services in the form of salary or fees for professional services, upon which a party has, in good faith and without notice of a challenge to the validity of the action, detrimentally relied. (4) The action taken was in connection with the collection of any tax. (5) Any person, city, city and county, county, district, or any agency or subdivision of the state alleging noncompliance with subdivision (a) of Section 54954.2. Section 54956, or Section 54956.5, because of any defect, error, irregularity, or omission in the notice given pursuant to those provisions, had actual notice of the item of business at least 72 hours prior to the meeting at which the action was taken, if the meeting was noticed pursuant to Section 54954.2, or 24 hours prior to the meeting at which the action was taken if the meeting was noticed pursuant to Section 54956, or prior to the meeting at which the action was taken if the meeting is held pursuant to Section 54956.5. (e) During any action seeking a judicial determination pursuant to subdivision (a) if the court determines, pursuant to a showing by the legislative body that an action alleged to have been taken in violation of Section 54953, 54954.2, 54954,5, 54954.6, 54956, or 54956.5 has been cured or corrected by a subsequent action of the legislative body, the action filed pursuant to subdivision (a) shall be dismissed with prejudice. (f) The fact that a legislative body takes a subsequent action to cure or correct an action taken pursuant to this section shall not be construed or admissible as evidence of a violation of this chapter. Ralph M. Brown Act Page 55 © 2019 Richards, Watson & Gershon 2272599 Text of the Ralch M. Brown Act Section 54960.2 Proceeding to determine the applicability of chapter to past actions of legislative body; Conditions; Cease and desist letter (a) The district attorney or any interested person may file on action to determine the applicability of this chapter to past actions of the legislative body pursuant to subdivision (a) of Section 54960 only if all of the following conditions are met: (1) The district attorney or interested person alleging a violation of this chapter first submits a cease and desist letter by postal mail or facsimile transmission to the clerk or secretary of the legislative body being accused of the violation, as designated in the statement pertaining to that public agency on file pursuant to Section 53051, or if the agency does not have a statement on file designating a clerk or a secretary, to the chief executive officer of that agency, clearly describing the past action of the legislative body and nature of the alleged violation. (2) The cease and desist letter required under paragraph (1) is submitted to the legislative body within nine months of the alleged violation. (3) The time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b) has expired and the legislative body has not provided an unconditional commitment pursuant to subdivision (c). (4) Within 60 days of receipt of the legislative body's response to the cease and desist letter, other than an unconditional commitment pursuant to subdivision (c), or within 60 days of the expiration of the time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b), whichever is earlier, the party submitting the cease and desist letter shall commence the action pursuant to subdivision (a) of Section 54960 or thereafter be barred from commencing the action. (b) The legislative body may respond to a cease and desist letter submitted pursuant to subdivision (a) within 30 days of receiving the letter. This subdivision shall not be construed to prevent the legislative body from providing an unconditional commitment pursuant to subdivision (c) at any time after the 30-day period has expired, except that in that event the court shall award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to this section, in accordance with Section 54960.5. (c) (1) If the legislative body elects to respond to the cease and desist letter with an unconditional commitment to cease, desist from, and not repeat the past action that is alleged to violate this chapter, that response shall be in substantially the following form: To The [name of legislative body] has received your cease and desist letter dated [date] alleging that the following described past action of the legislative body violates the Ralph M. Brown Act: [Describe alleged past action, as set forth in the cease and desist letter submitted pursuant to subdivision (a)] Ralph M. Brown Act Page 56 0 2019 Richords, Watson & Gershon 2272599 Text of the Ralph M. Brown Act In order to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown Act, the [name of legislative body] hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described above, The [name of legislative body] may rescind this commitment only by a majority vote of its membership taken in open session at a regular meeting and noticed on its posted agenda as "Rescission of Brown Act Commitment." You will be provided with written notice, sent by any means or media you provide in response to this message, to whatever address or addresses you specify, of any intention to consider rescinding this commitment at least 30 days before any such regular meeting, In the event that this commitment is rescinded, you will have the right to commence legal action pursuant to subdivision (a) of Section 54960 of the Government Code. That notice will be delivered to you by the same means as this commitment, or may be mailed to an address that you have designated in writing. Very truly yours, [Chairperson or acting chairperson of the legislative body] (2) An unconditional commitment pursuant to this subdivision Shall be approved by the legislative body in open session at a regular or special meeting as a separate item of business, and not on its consent agenda. (3) An action shall not be commenced to determine the applicability of this chapter to any past action of the legislative body for which the legislative body has provided an unconditional commitment pursuant to this subdivision. During any action seeking ❑ judicial determination regarding the applicability of this chapter to any past action of the legislative body pursuant to subdivision (a), if the court determines that the legislative body has provided an unconditional commitment pursuant to this subdivision, the action shall be dismissed with prejudice. Nothing in this subdivision shall be construed to modify or limit the existing ability of the district attorney or any interested person to commence an action to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body. (4) Except as provided in subdivision (d), the fact that a legislative body provides an unconditional commitment shall not be construed or admissible as evidence of a violation of this chapter. (d) If the legislative body provides an unconditional commitment as set forth in subdivision (c), the legislative body shall not thereafter take or engage in the challenged action described in the cease and desist letter, except as provided in subdivision (e). Violation of this subdivision shall constitute an independent violation of this chapter, without regard to whether the challenged action would otherwise violate this chapter. An action alleging past violation or threatened future violation of this subdivision may be Ralph M. Brown Act Page 57 m 2019 Richards, Watson & Gershon 2272599 Text of the Raloh M. Brown Act brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. (e) The legislative body may resolve to rescind an unconditional commitment made pursuant fo subdivision (c) by a majority vote of its membership taken in open session at a regular meeting as a separate item of business not on its consent agenda, and noticed on its posted agenda as "Rescission of Brown Act Commitment," provided that not less than 30 days prior to such regular meeting, the legislative body provides written notice of its intent to consider the rescission io each person to whom the unconditional commitment was made, and to the district attorney. Upon rescission, the district attorney or any interested person may commence an action pursuant to subdivision (a) of Section 54960. An action under this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. Section 54960.5. Costs and off orney fees A court may award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to Section 54960, 54960.1 or 54960.2 where it is found that a legislative body of the local agency has violated this chapter. Additionally, when an action brought pursuant to Section 54960.2 is dismissed with prejudice because a legislative body has provided an unconditional commitment pursuant to paragraph (1) of subdivision (c) of that Section at any time after the 30-day period for making such a commitment has expired, the court shall award court costs and reasonable attorney fees to the plaintiff if the filing of that action caused the legislative body to issue the unconditional commitment. The costs and fees shall be paid by the local agency and shall not become a personal liability of any public officer or employee of the local agency. A court may award court costs and reasonable attorney fees to a defendant in any action brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed in a final determination of such action and the court finds that the action was clearly frivolous and totally lacking in merit. Section 54961. Meeting place with discriminatory admission policies; Identification of victim of sexual or child abuse (a) No legislative body of a local agency shall conduct any meeting in any facility that prohibits the admittance of any person, or persons, on the basis of ancestry or any characteristic listed or defined in Section 11135, or which is inaccessible to disabled persons, or where members of the public may not be present without making a payment or purchase. This section shall apply to every local agency as defined in Section 54951. (b) No notice, agenda, announcement, or report required under this chapter need identify any victim or alleged victim of tcrtious sexual conduct or child abuse unless the identity of the person has been publicly disclosed. Ralph M. Brown Act Page 58 © 2019 Richards. Watson & Gershon 2272599 Text of the Ralph M. Brown Act Section 54962. Prohibition against closed sessions except as expressly authorized Except as expressly authorized by this chapter, or by Sections 1461, 1462, 32106, and 32155 of the Health and Safety Code, or by Sections 37606, 37606.1, and 37624.3 of the Government Code as they apply to hospitals, or by any provision of the Education Code pertaining to school districts and community college districts, no closed session may be held by any legislative body of any local agency. Section $4963. Disclosure of confidential information acquired in closed session prohibited; disciplinary action for violation (a) A person may not disclose confidential information that has been acquired by being present in a closed session authorized by Section 54956.7, 54956.8, 54956.86, 54956.87, 54956.9, 54957, 54957.6, 54957.8, or 5495 7. 10 to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information, (b) For purposes of this section, "confidential information" means a communication made in a closed session that is specifically related to the basis for the legislative body of a local agency to meet lawfuSly in closed session under this chapter. (c) Violation of this section may be addressed by the use of such remedies as are currently available by law, including, but not limited to: (1) injunctive relief to prevent the disclosure of confidential information prohibited by this section. (2) Disciplinary action against an employee who has willfully disclosed confidential information in violation of this section. (3) Referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to the grand jury. (d) Disciplinary action pursuant to paragraph (2) of subdivision (c) shall require that the employee in question has either received training as to the requirements of this Section or otherwise has been given notice of the requirements of this section. (e) A local agency may not take any action authorized by subdivision (c) against a person, nor shall it be deemed a violation of this section, for doing any of the following: (1) Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury that are necessary to establish the illegality of an action taken by a legislative body of a local agency or the potential illegality of an action that has been the subject of deliberation at a closed session if that action were to be taken by a legislative body of a local agency. (2) Expressing an opinion concerning the propriety or legality of actions taken by a legislative body of a local agency in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action. Ralph M. Brown Act Page 59 © 2019 Richards, Watson & Gershon 2272599 Text of the Raloh M. Brown Act (3) Disclosing information acquired by being present in a closed session under this chapter that is not confidential information. (f) Nothing in this Section shall be construed to prohibit disclosures under the whistleblower statutes contained in Section 1102.5 of the Labor Code or Article 4.5 (commencing with Section 53296) of Chapter 2 of this code. Ralph M. Brown Act page 5o © 2D19 Richards. Watson & Gershon 2272599 Richards, Watson & Gershon delivers practical advice and solutions tailored to the unique needs of California public entities. About Working seamlessly across offices in Los Angeles, San Francisco, Orange County, Temecula, and the Central Coast our dedicated team of experts provides the full -scope of public law services. We are the lawyers of choice for clients who seek reliable, efficient, and effective legal counsel. Richards, Watson & Gershon serves as city attorney, special counsel and general counsel to clients of all sizes and demographics. Our attorneys are proficient in areas of law only found in a firm with substantial experience in public agency representation. Local governments count on us for help with their most complex problems. Specialties Include: Administrative Low Airports. Rail & Transit Brown Act Cannabis CEQA Coastal Act Code Enforcement Conflicts of Interest Construction & Public Works Elections Eminent Domain Environment & Natural Resources Housing Labor & Employment Land Use & Planning Litigation Police Practices Public Finance Public Records Act Real Estate & Leasing Rent Control Subdivisions & Zoning Taxes, Fees & Assessments Telecommunications Solid Waste 5tormwater Compliance Water Rights & Water Law SECTION 9 cr) Public Records Act c:) HANDBOOK Summary of the Major Provisions and Requirements r`,4of the Public Records Act and Related Topics Electronic Records Text of the Public Records Act Updated including changes effective January 1, 2019 Table of Contents INTRODUCTION.............. ................................. ............................................................. ................................ ii PART ONE. COMPLIANCE WITH THE PUBLIC RECORDS ACT..................................................................1 I. WHAT IS THE PUBLIC RECORDS ACT?.............................................................................I It- WHAT RIGHTS DOES THE PUBLIC RECORDS ACT AFFORD TO THE PUBLIC?...............................................................................................................................2 Ill. IS THE PUBLIC RECORDS ACT RELATED TO THE FREEDOM OF INFORMATIONACT?.........................................................................................................3 IV. TO WHICH LOCAL AGENCIES DOES THE PUBLIC RECORDS ACT APPLY? .......................... ......................................................................... ..................... ........3 V. WHAT ARE "PUBLIC RECORDS?.......................................................................................3 VI. HOW DOES A LOCAL AGENCY DETERMINE THE SCOPE ❑F A PUBLIC RECORDSREQUEST?.........................................................................................................5 VII, CAN A LOCAL AGENCY RELINQUISH ITS PUBLIC RECORDS ACT OBLIGATIONS TO SOMEONE ELSE2.................................................................. ...............6 VIII. MUST A PUBLIC RECORDS ACT REQUEST BE MADE IN WRITING, OR MAYIT BE MADE ORALLY?...............................................................................................6 IX. WHAT PUBLIC RECORDS ARE EXEMPT FROM ❑ISCLOSURE UNDER THE PUBLIC RECORDS ACT?....................................................................................................7 X. WHAT IS THE PROPER PROCEDURE FOR COMPLYING WITH A PUBLIC RECORDS ACT REQUEST? ............................................................ ............................. 26 XI. WHAT ARE THE PENALTIES FOR FAILURE T❑ COMPLY WITH THE PUBLIC RECORDSACT?,...,..................................................................................................-------- 30 xll. CONCLUSION.. ................................................................................................................ 30 PART TWO. ELECTRONIC RECORDS..................................................................... .................................. 31 I. EMAIL..............................................................................................................................34 II. DOCUMENTS CREATED USING WORD PROCESSORS, GIS AND OTHER SOFTWARE........................................................................................................................ 47 III. CITY WEBSITES..................................................................................................................56 IV. CONCLUSIONS.... ............................................................. .............................................. 71 Public Records Act Page i © 2019 Richards, Watson & Gershon 2265031 PART THREE. THE CALIFORNIA PUBLIC RECORDS ACT......................................................................... 74 Article 1 - General Provisions California Government Code Sections 6250-6270....................... 75 Article 2 - Other Exemptions from ❑isclosure California Government Code Sections6275-6276.48............................................................................................................... 135 Public Records Act © 2019 Richards. Watson & Gershon 2265031 Page ii Introduction This Handbook, designed for City officials and staff, provides a summary of the major provisions of California's Public Records Act and related topics. Part One of the Handbook summarizes the basic provisions of the Public Records Act, including documents that are exempt from disclosure and the proper procedure for complying with the Act. Part Two highlights the unique issues raised by electronic records. Part Three contains the complete text of the Public Records Act. We hope you find this Handbook useful. Should you have any questions about the information included in this Handbook, please do not hesitate to contact our office. Richards, Watson & Gershon Public Records Act Page iii Q 2019 Richards, Watson & Gershon 2265031 PART ONE. COMPLIANCE WITH THE PUBLIC RECORDS ACT //RWG LAW Public Records Act Page I 0 2019 Richards, Watson & Gershon 2265031 COMPLIANCE WITH THE PUBLIC RECORDS ACT: KEY QUESTIONS AND ANSWERS The people have the right of access to information concerning the conduct of the people's business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shot/ be open to public scrutiny. CAL, CONST. ART. I, § 3(B). In enacting this chapter, the Legisiature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state. GOV'T CODE § 6250, California's Public Records Act is a key part of the philosophy that government at all levels in this State must be open and accessible to all.' Under the Public Records Act, a local government agency must disclose virtually any public document; only a statutory exemption or a need for confidentiality that clearly outweighs the public's right to access will legally justify withholding a public document. The purpose of this Handbook is to provide a general overview of the Public Records Act and recent amendments to it, along with a general road map for compliance. This Handbook addresses the questions most frequently asked of us by our local government clients, I. WHAT IS THE PUBLIC RECORDS ACT? The Public Records Act is a California statute that affords the public the right to inspect, and obtain a copy of, most of the information retained by State and local agencies in the course of business. The Public Records Act regulates the public's access to records and sets out the specific statutory circumstances under which particular records need not be disclosed. The Public Records Act states that public records are open to inspection at all times during the office hours of a local agency.2 1 Rogers v. Superior Ct, (City of Burbank), 19 Cat. App, 4th 469 (2 Dist. 19931, 2 Gov't Code § 6253(a). Public Records Act page, i © 2019 Richards, Watson & Gershon 2265031 Part one: Compliance with the Public Records Act The California Constitution also guarantees that public records are open to public scrutiny.-, It provides that a law, such as the Public Records Act, should be "broadly construed" if it furthers the people's right of access to public records, and "narrowly construed" if it limits the right of access. II. WHAT RIGHTS DOES THE PUBLIC RECORDS ACT AFFORD TO THE PUBLIC? Under the Public Records Act, every person has the right to inspect and to obtain a copy of any identifiable public record. It is irrelevant whether the person making the Public Records Act request already has possession of the public records requested.5 The term "person" includes individuals, and various types of business entities.6 A "person" need not be a citizen of California or of the United States to make use of the Public Records Act.7 A local agency must supply an exact copy of the record on request, unless it is "impracticable" to make an exact copy.8 The word "impracticable" in the Public Records Act does not necessarily refer to situations where a copying request would be "inconvenient" or time consuming to the agency. Rather, the term "impracticable" modifies the requirement that the agency provide an "exact" copy. If a requested document is subject to the Public Records Act, the agency must provide the best or most complete copy of that document reasonably possible.9 Any reasonably segregable portion must be made available after deletion of any portion exempt from disclosure.=c, The requirements of the Public Records Act are the minimum standards which must be met by local agencies. The Public Records Act specifically provides that agencies may adopt procedures to allow greater access to records, except where the law otherwise prohibits access.'+ The person who is the subject of ❑ particular record does not have ❑ specific right under the Public Records Act to prevent disclosure of any particular 3 CAL. CONST, art. 1, § 3(bj. 4 Gov't Code § 6253(a}. (b). 5 The motive of the requester seeking public records is immaterial; an individual already in possession of requested documents may seek the documents so he or she may publicly disseminate them without fear of Lability for doing so. Caldecott v. Superior Court, 243 Cal, App. 4th 212, 219 (4 Dist, 20151, 6 Both cities and City attorneys have been deemed "persons" under the Act. Los Angeles Unified School Dist. v. Superior Court (City of Long Beach), 151 Cal. App. 4th 759 (2 Dist. 2007) (holding that City, as well as the City attorney, were entitled to obtain records of school district relating to school construction project). 7 Gov't Code § 6252(c); Connell v. Superior Court (Infersource, Inc.). 56 Cal. App, 4th 601 (3 Dist. 19971. 8 Gov't Code § 6253(b). 9 See Rosenthal v. Hansen, 34 Cal, App. 3d 754 (3 Dist_ 19731 (holding that under the former Section 6256, an agency need not provide exact copies if doing so would be impracticable, but this does not excuse a public entity from producing the records at alll. 10 Gov't Code § 6253(a). i 1 Gov't Code § 6253(e). Public Records Act Page 2 02019 Richards, Watson & Gershon 2265031 Part Cne: Compliance with the Public Records Act record.12 Even in cases where the subject of a particular record has argued that disclosure would violate the individual right to privacy guaranteed by the California Constitution, disclosure has been compelled.13 III. IS THE PUBLIC RECORDS ACT RELATED TO THE FREEDOM OF INFORMATION ACT? Persons who request access to public records frequently reference the Freedom of Information Act ("FOIA") as the basis for their request. The F0IA is a federal statute that does not apply to local government agencies. However, the Public Records Act was modeled after the FOIA, and we recommend that agencies respond to otherwise valid records requests even if the requester cites the FDIA instead of the Public Records Act.14 IV. TO WHICH LOCAL AGENCIES DOES THE PUBLIC RECORDS ACT APPLY? The Public Records Act applies to all local government agencies. Under the Public Records Act, a "local agency" includes a county; city, whether general law or chartered, city and county, school district; municipal corporation; district: political subdivision; any board, commission or agency of any of these; and certain non-profit organizations of local agencies which are supported by public funds.,5 V. WHAT ARE "PUBLIC RECORDS?" The Public Records Act defines "public records" as follows - 'Public records' includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or focal agency regardless of physical form or characteristics. The term "writing" means: any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of 12 LAPD v, Superior Court (Church of Scientology) , 65 Cal, App. 3d 661, 668 (2 Dist. 19771. 13 Poway Unified Sch. Dist. v. Superior Courf (Copley Press) , 62 Col. App. 4th 1496 (4 Dist. 19981. lA See ACLU v. [Deukmejian, 32 Cal, 3d 440. 447 (1982) (Public Records Act modeled on FdIA, judicial construcfion and legislative history of federal acf illuminate the interpretation of its California counterpart); Cook v. Craig, 55 Col. App. 3d 773, 781 (3 Dist. 1976) (noting the similarity between the provisions of state and federal law). 15 Gov't Code § 6252(a). Public Records Act Page 3 C 2019 Richards, Watson & Gershon 2265031 Part One: Compliance with the Pubfic Records Act communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.1� These definitions encompass much more than written or printed documents. Public records include computer data, and an agency must provide computer records in any electronic format in which the agency holds the information. If a requester asks for the records in a particular format, the agency must provide the records in that format, provided it is a format used by the agency to create copies for its own use or for provision to other agencies unless an exception applies.17 Note, however, that computer software developed by a local agency is not a "public record" subject to the Public Records Act.13 On the other hand, a requester's rights under the Public Records Act are not unlimited. A focal agency is not required to create a document or compile a list in response to a request under the Public Records Act.19 While these definitions are general, over the years the courts have both broadened and limited the scope of the definition of "public record." First, it is clear that the term "public records" encompasses more than simply those documents that public officials are required by law to keep as official records. Rather, courts have held that a public record is one that is kept because it is "necessary or convenient to the discharge of [an] official duty."2o Second, courts have observed that merely because the writing is in the possession of the local agency, it is not automatically a public record. It must relate to the conduct of the public's business.21 Thus, personal notes and personal records, such as shopping lists or letters from friends that are totally void of public business, are not public records.22 In addition, it is important to note that a record need not be a "document" to fall within the ambit of the Public Records Act, A public record is subject to disclosure under the Public Records Act "regardless of its physical form or characteristics."23 Further, local agencies are obligated to determine whether a public records request seeks copies of disclosable public records in the "possession" of the i6 Gov't Code § 6252(e), (91, 17 Gov't Code § 6253.9. For further discussion of the exception to this rule. see Part Two. Electronic Records, Section II.B. "Metadata" of this Handbook. 18 Gov't Cade § 6254.9, 19 Based upon the definition of "writing." Gov't Code § 6252(g), and the requirement that a requested record be "identifiable," Gov't Code § 6253(b); see also Sander v. Superior Court, 26 Cal. App, 5th 651, 665-66 (1 Dist. 2018), 20 Braun v. City of Taft, 154 Cal, App. 3d 332, 340 (5 Dist. 19841: Son Gabriel Tribune v. Superior Courh (City of West Covina), 143 Cal. App. 3d 762. 774 (2 Dist. 1983); People v. Tomalty, 14 Cal, App. 224, 231 (1 Dist. i910). 21 Braun, 154 Cal. App, 3d at 340: San Gabriel Tribune. 143 Cal. App. 3d at 774; Gov't Code § 6252(e). 22 Son Gabriel Tribune, 143 Cal. App, 3d at 774. 23 Gov't Code § 6252(e). Public Records Act Page 4 C 2019 Richards, Watson & Gershon 2265031 Part One: Compliance with the Public Records Act agency.2a On occasion, a local agency prepares, uses, or owns a document containing information related to the conduct of the public's business, but does not physically possess it, such as when ❑ local agency hires a private consultant to conduct work on behalf of the agency. When the public record Is in the possession of a private consultant or sub -consultant who does work for the local agency, the contractual relationship between the local agency and consultant or sub -consultant will likely determine whether the local agency is in possession of the documents.25 In Community Youth Athletic Center v, City of National City, the court found that under the contract between the City and its consultant, the City had the right to possess and control the record that was the subject of a public records request, even if that local agency had not previously enforced its ownership right.)6 The court held that the City had an obligation "to make reasonable efforts to facilitate the location and release of the information."27 The City's failure to assert its contractual right to obtain the record from the consultant violated the Public Records Acf.2x On the other hand, in Anderson - Barker v. Superior Court of Los Angeles City., the court held that a city's ability to access electronically -stored data did not equate to ❑ form of possession of the data when a city does not direct what information a third party contractor places on its databases, and has no authority to modify the data in any way.29 Similarly, in Consolidated Irrigation District v. Superior Court, the court found that the City had no control over a sub -consultant's records.3o The sub -consultant had been hired by the City's primary consultant, and based on the facts in that case, the City had no obligation under the Public Records Act to obtain and produce the records of the sub -consultant. VI. HOW DOES A LOCAL AGENCY DETERMINE THE SCOPE OF A PUBLIC RECORDS REQUEST? Most public records requests are straightforward. The public is familiar with records regularly kept by ❑ local agency, such as meeting minutes, staff reports, financial reports, and other documents discussed at public meetings. Requests for those records are easy to fulfill. Many of these records may be available on a 4ocal agency's website, and the Public Records Act allows a local agency to satisfy a request for public records by directing the requester to that website.31 Sometimes, the public is unfamiliar with the types of records maintained by local 24 Gov't Code § 6253(c). 25 Consolfdated Irrigation District v. Superior Court (City of Selma), 205 Cal. App. 4th 697, 709-1 1 (5 Dist. 2012); Community Youth Athletic Center v. City of Notional City, 220 Cal. App. 4th 1385, 1427-29 (4 Dist. 20131; see aiso Regents of the University of Colftomia v. Superior Court, 222 Cal. App, 4th 383. 398 (1 Dist. 2013j, 26 Community Youth Athletic Center, 220 Cal. App. 4th at 1428, 27 Id. at 1429. 29 id. 29Anderson-Borker v. Superior Court of Los Angeles Cty., 2019 WL 27605 (2 Dist. Jan. 22, 2019). 30 Consolidated Irrigation District, 205 Cal. App. 4th at 711. 31 Gov't Code § 6253. Public Records Act Page 5 m 2019 Richards, Watson & Gershon 2265031 Part One: Compliance with the Public Records Act agencies. The requester may not be able to provide the specificity necessary to identify a public record, or the request may be so broadly stated that a local agency cannot reasonably determine which records fall within the scope of the request. Under those circumstances, the Public Records Act imposes duties on both local agencies and requesters. Local agencies must assist a requester to formulate a "focused and effective request that reasonably describes an identifiable record or records," by following certain procedural requirements.32 Likewise, the requester is obligated to engage in this process, and communicate to the custodian of records the scope of the public information requested. Both the local agency and the requester must be reasonable in this process.33 VII. CAN A LOCAL AGENCY RELINQUISH ITS PUBLIC RECORDS ACT OBLIGATIONS TO SOMEONE ELSE? A local agency cannot sell or provide a public record subject to disclosure under the Public Records Act to a private entity in a manner that prevents the local agency from providing the record directly.34 For example, the county recorder cannot transfer all birth and death records to a private company and insist that the public obtain birth certificates from the private entity. Similarly, a local agency may not enter into ❑ contract that allows another party to control the disclosure of information that is subject to the Public Records Act.K, For example, a contract provision that requires the consent of a contractor before a local agency may release a public record prepared by the contractor violates the Public Records Act, Additionally, if a local agency enters into a contract that requires a private entity to review, audit, or report on any aspect of the local agency, that contract must be made available to the public upon request, unless the contract is exempt from disclosure pursuant to another exemption in the Public Records Act. iA VIII. MUST A PUBLIC RECORDS ACT REQUEST BE MADE IN WRITING, OR MAY IT BE MADE ORALLY? Nothing in the Public Records Act requires a member of the public to place his or her request for public records in writing.37 While many local agencies provide forms on their website or at their offices for making a written Public Records Act 32 Gov't Code § 6253.1. Further discussion of these procedural requirements is in section X, below. 33 Comm unity Youth Athletic Center v. National City, 220 Cal, App. 4th 1385, 1427 (4 Dist. 2013). 34 Gov't Code § 6270(a). 35 Gov't Code § 6253.3. 36 Gov't Code § 6253,31, 37 Los Angeles Times u. Alameda Corridor Transp. Authority, 88 Cal. App, 4th 1381. 1392 (2 Dist. 2001 ). Public Records Act Page 6 0 2019 Richards, Watson & Gershon 2265031 Part One; Compliance with the Pubic Records Act request, ❑ requester is not required to use the form offered. An oral request is sufficient to trigger the requirements of the Public Records Act. Additionally, an argumentative or disruptive requester cannot be permanently banned from the premises by a local agency or forced to make their requests in writing.3p However, the right to inspect public records is subject to the implied rule of reason that enables the custodian of public records to formulate regulations necessary to prevent interference with the orderly functioning of the agency's office.39 If faced with a loud or angry person who is making an oral request, and the records are not immediately available, it is advisable for staff to write down the request and tell the requester the agency will respond in writing within the time limits specified in the Public Records Act. Your City attorney can provide additional guidance in the event a member of the public is repeatedly abusive towards staff. IX. WHAT PUBLIC RECORDS ARE EXEMPT FROM DISCLOSURE UNDER THE PUBLIC RECORDS ACT? A. Disclosure of Exempt Records Waives Confidentiality The Public Records Act specifically exempts a number of categories of records from disclosure requirements. If documents are exempt from disclosure, it is important that confidentiality be maintained. Once an otherwise exempt record is knowingly released to any member of the public, disclosure constitutes a waiver of the exemption for that record, and the record must be provided to any subsequent requesting member of the public.40 This waiver ensures a public agency does not carry out "selective disclosure," wherein some members of the public are provided the right of access to specific records, while some requests for the some records are denied by the public agency for the same materials.,, There are a few situations where the knowing disclosure of an otherwise exempt record does not constitute a waiver of exemption. Exemptions are not waived when disclosures are made: • Through discovery procedures associated with lawsuits or in court proceedings; • Pursuant to a statute that limits disclosure for specified purposes; 3s Galbiso v, Orosi Public Utility District, 167 Cal. App. 4th 1063, 1088-89 (5 Dist. 2008). 39 &uce v. Gregory, 65 Col. 2d 666. 676 (1967); Rosenthal v. Hansen, 34 Cal. App. 3d 754, 761 (19731; 64 ops, Cal, Atty. Gen. 317 (1981). Q Gov't Code § 6254.5. 41 block Pon ther Party v. Kehoe, 42 Col. App. 3d 646, 658 (3 Dist. 1974), Public Records Act page 7 Q 2019 Richards. Watson R Gershon 2265031 Part One: Compliance with the Public Records Act • When not required by law and prohibited by formal action of the elected legislative body of the local agency; or • To another government agency that agrees to treat the records as confidential.42 The California Supreme Court held that a public agency's inadvertent disclosure resulting from human error does not waive an exemption.43 In Ardon v. City of Los Angeles, the City of Los Angeles inadvertently disclosed several attorney - client and attorney work product documents in response to a PRA request. The requester was an attorney actively involved in pending litigation against the City.44 After becoming aware of the inadvertent disclosure, the City filed a motion in court seeking the return of the privileged materials.4 The California Supreme Court held that the Public Records Act's waiver provision- applied only to intentional and not inadvertent disclosure.4' The court justified this distinction by finding that the City of Los Angeles had not engaged in selective disclosure: "[r]ather, it seeks no disclosure; it is trying to force plaintiff's attorney to return the privileged documents unread."48 The California Supreme Court's decision in Ardon v. City of Los Angeles allows a public agency to argue that a disclosure was inadvertent and ask for return of exempt records that were released in error. However, nothing in the Public Records Act compels the requester to return the records. Instead, the public agency must go to court to obtain a judicial order directing the requester to return or destroy the inadvertently disclosed records.49 This presents a number of problems. First, the circumstances surrounding the dissemination of those materials would have to be evaluated on a case -by -case basis by the reviewing court.;c The court may not agree with the public agency's assertion that the disclosure was inadvertent. Second, if the exempt records were given wide- spread distribution before the error was found, a court may decide not to order return of the records. Once the information is in the public sphere, the bell cannot be unrung. Third, it is costly to g❑ to court to seek injunctive relief. Consequently, public agencies should continue to conduct a thorough and exhaustive review of responsive documents before releasing any materials in response to a Public Records Act request. The California Supreme Court 42 Gov't Code § 6254.5. Additional exceptions apply to specific state agencies. 43 Ardon v. City of Los Angeles. 62 Cal. 4th 1176 (2016). 44 Ardon, 62 Cal. 4th at 1180-82. a5 Id. at 1181. 46 Gov't Code § 6254.5. 47 .Ardon. 62 Cal, 4th a1 1180. 48 Id. at 1185-86. 49 See Newark Unified School District v. Superior Court, 245 Cal. App. 4th 887 (1 Dist. 2015). 50 id. at 910. Public Records Act Page 8 0 2019 Richards. Watson & Gershon 2265031 Port One: Compliance with the Public Records Act acknowledged that its decision was limited to "truly inadvertent disclosures and must not be abused to permit the type of selective disclosure" prohibited by the Public Records Act.4, Further, the California Supreme Court emphasized that ❑ public agency's own characterization of its intent is not disposifive.`-- The best practice continues to be to complete a thorough review before releasing responsive records. B. Statutory Exemptions for Confidential Records The following is a list of the statutory exemptions. This list is not exhaustive. (1) Public agency employees' personal information. Gov't Code § 6254.3. Recent legislation has expanded protections for specified personal information of all public agency employees. The home addresses, personal cellular telephone numbers and birth dates of all public agency employees are not considered to be public records subject to disclosure, except in limited circumstances. The Public Records Act also requires local agencies to redact social security numbers from records before disclosing the records to the public in response to a Public Records Act request.53 (2) Referendum, recall and initiative petitions and related material. Gov't Code § 6253.5. Election -related petitions and all memoranda prepared by the county elections officials in their examination of the petitions indicating which registered voters signed the petitions are strictly confidential. These materials may be viewed only by elections officials and their deputies. Other officials, including agency attorneys, must obtain a court order to view petitions. If the elections officials determine that a petition is legally insufficient, petition proponents and their representatives designated in writing must be permitted to review these materials. (3) The identity of persons who have requested bilingual ballots or ballot pamphlets. Gov't Code § 6253.6. 51 Ardon, 62 Cal. 4th at 1 190- 52 Id, 53 Gov't Code § 6254.29. Public Records Act f'aye 9 © 2019 Richards, Watson & Gershon 2265031 Part One: Compfia rice with the Public Records Act (4) Preliminary drafts, notes, or interagency or intra-agency memoranda. Gov't Code § 6254(a). Public officials should be aware that preliminary drafts and notes, along with interagency and intra-agency memoranda, are exempt from disclosure as public records if those documents are not customarily retained by the local agency in the ordinary course of business and the public interest in withholding those records clearly outweighs the public interest in disclosure.sn In considering whether to use this exemption, agencies should determine whether the disclosure of a preliminary draft, note, or interagency or intra- agency memorandum would further the interest of the Act in open government. The fact that the document is merely a step in the process and does not provide important information about the public's business probably weighs in favor of nondisclosure. The key questions in this area generally may be boiled down to whether a draft, note, or interagency or intra-agency memorandum is one which: Is not normally kept by the agency in the ordinary course of business; • Is not prepared or kept to document or memorialize the day-to-day transaction of the public's business; ■ Is merely a temporary step in the process of preparing a final document, reaching a final decision, or determining ❑ course of action; and Would expose the agency's decision -making process if disclosed," and the public interest in nondisclosure clearly outweighs the public interest in disclosure. If the document qualifies under all four categories above, the document probably is exempt from disclosure under the Public Records Act. Documents that do not satisfy one or more of the categories above probably are public records that must be disclosed unless another exemption applies. You should keep in mind, however, that any doubt or question in this regard likely will be decided in favor of disclosure of the record. 54 Gov't Code § 6254(a) . 55 Citizens for a Better Environment v. Dep't of Food and Agriculture, 171 Cal. App. 3d 704, 715-16 (3 Dist, 1985) (concluding that "[tlhe interest in fostering robust agency debate" is the only public interest that can justify nondisclosure under Section 6254(a)), Public Records Act Page la 0 2019 Richards, Watson & Gershon 2265031 Part one: Compliance with the Public Records Act In discussing whether a record has not been retained in the ordinary course of business, one court observed, "[i]f preliminary materiafs are not customarily discarded or have not in fact been discarded as is customary they must be disclosed."56 One of the purposes of this condition is to prevent "secret law," that is, an undisclosed collection of written rules guiding the agency's decisions.57 Consequently, a record that must be retained pursuant to a local agency's records retention schedule, policies or customs does not fall within this exemption. For example, if a policy decision is made to retain drafts in order to document the bargaining history after an agreement is negotiated; those drafts likely are not exempt under Section 6254(a). Also, if it is permissible under an agency's records retention schedule to destroy preliminary documents, but the agency retained such a document after the final report Is prepared, the preliminary document arguably is not exempt under Section 6254(a). (5) Records pertaining to pending litigation to which the agency is a party. Gov't Code § 6254(b). Under this exemption, records actually created by an agency for its own use in litigation are exempt from disclosure under the Public Records Act.Ss Previously created or disclosed records may not be retroactively re-classified as being exempt under this Section.-5y Generally, courts will examine the "dominant purpose" behind the document's creation.6,) Documents prepared "by a public entity for its own use in anticipation of litigation, which documents it reasonably has an interest in keeping to itself until litigation is finalized" are protected by the exemption,61 Thus, while documents created prior to the commencement of litigation appear to receive greater scrutiny to determine their dominant purpose, the exemption can apply to documents created before litigation has commenced, that is, before a claim has been made with the local agency under the Government Claims Act or a complaint filed with a court. Once litigation is concluded, however, the exemption will no longer apply.62 This exemption also applies to litigation -related documents, even if not created by an agency, when sought by persons or entities not a party to the litigation and which the parties to the litigation do not intend to be revealed outside the 56Id. at 714. 57 Id. of 714 n.7. 58 Foiirley V. Superior Court (City of Long Beach), 66 Cal. App. 4th 1414, 1421-22 (2 Dist. 1998) 59 City of Hemet v. Superior Court (Press -Enterprise Co.), 37 Cal, App. 4th 1411, 1420 & n.l 1 (4 Dist. 1995), 60 Fairley, 66 Cal. App. 4th at 1420. 61 Id at 1421 (emphasis added). 62 Cfiy of Los Angeles v. Superior Court (Axelrod) , 41 Cal. App. 4th 1083, 1089 (2 Dist. 1996), Public Records Act Page 1 I © 2019 Richards, Watson & Gershon 2265031 Part one: Comorionce with the Public Records Act litigation. This exemption does not cover deposition transcripts because they are available to the public under another statute.63 And where a plaintiff generally is required to file a claim under the Government Claims Act to initiate litigation against a local agency, the actual claim form filed with the local agency is not exempt under this Section as "[t]here is no unfair disadvantage [in the pending litigation] to the public entity from disclosure of the mere claim form,"6h (6) Personnel, medical or similar records. Gov't Code §§ 6254(c); 6254.3. When the disclosure of personnel, medical or similar files would constitute an unwarranted invasion of personal privacy, this exemption applies. In determining whether personnel records should be disclosed, courts first decide whether disclosure would compromise the individual's substantial privacy interest. If it does, the court determines whether the potential harm to those interests caused by disclosure outweighs the public interest in disclosure.6i As will be discussed below, the California Supreme Court has concluded that public employees in general have a significantly reduced expectation of privacy in their salaries, and that the strong public interest in knowing how the government spends its money justifies disclosure of salary information.6, And at least one appellate court has found that where the public employee is in a position of authority, such as a superintendent of a school district, the individual has "a significantly reduced expectation of privacy in the matters of his [or her] public employment. "67 This exemption for personnel, medical or similar records does not justify withholding employment agreements. By statute, employment agreements between a local agency and any public official or public employee is a public record not subject to the exemptions of Sections 6254 or 6255 of the Government Code.68 This exemption for personnel records also does not justify withholding personnel records concerning incidents involving the discharge of a firearm at a person by 6:3 Board of Trustees of California State Univ. v. Superior Court (Capiey Press, Inc.), 132 Cal. App. 4th 889, 901-902 (4 Dist. 2005) . 64 Poway Unified Sch. Dist. v. Superior Court (Copley Pressl, fit Cal. App. 4th 1496, 1505 (4 Dist. 1998). 65 Versoci v. Superior Court (Pa&narCmty. Coll. Dist.), 127 Cal, App. 4th 805, 818-820 (4 Dist. 20051. 66 in f erno f io n at Federation of Professional and Technical Engineers, La CAL 21, AFt-Cio, v. Superior Court, (Contro Costo Newspopers, Inc.), 42 Ca1, 4th 319, 329-333 (2007) (1ntemational Federation;, 67 BRV, Inc. v. Superior Court Qunsmuir Joint Union High School District), 143 Cal. App. 4th 742, 758 (3 Dist, 2006) (ordering reports invesflgating allegations of misconduct disclosed, as the public's interest in why the district entered into a termination agreement with the superintendent that appeared to the public to be a "sweetheart deal'' outweighed the superintendent's interest in preventing disclosure of the reports;. 68 Gov't Code § 6254.8. Public Records Act Page 12 0 2019 Richards, Watson & Gershon 2265031 Part one: Compliance with the Pubric Records Act a peace officer that resulted in death or great bodily injury, or records concerning a sustained finding that a peace officer engaged in sexual assault or dishonesty.6,, Disclosure of Public Employee Salaries The California Supreme Court has held that salaries of public employees are not exempt from disclosure. In International Federation of Professional and Technical Engineers v. Superior Court, (Contra Costa Newspapers, Inc.),70 the California Supreme Court held that individually identifiable salary information is not exempt from disclosure under the Public Records Act, the California Constitution or the Penal Code. In this case, a newspaper sought disclosure from the City of Oakland of names, job titles and gross salaries of City employees earning $100,000 or more each year, including overtime. The City provided salary and overtime information for each job classification but refused to provide salary information linked to individual employees. The newspaper sued to obtain disclosure of the records under the Public Records Act. The Supreme Court held that a public entity's payroll expenditures are public records, and that disclosure of salary records for City employees earning $100,000 or more each year is not an unwarranted invasion of personal privacy.71 With regard to peace officers, the Supreme Court rejected the police union's argument that Penal Code Sections 832.7 and 832.8 bar disclosure of the amount of a peace officer's salary.72 The Supreme Court ruled that salary information of peace officers does not constitute "personnel records" under Penal Code Sections 832.7 or 832.8, and is not information obtained from personnel records.73 As such, the Penal Code does not mandate that peace officer salary information be excluded from disclosure under the Public Records Act. The Supreme Court also rejected the argument that each public records request must be evaluated on a case -by -case basis to evaluate the individual employee's privacy interests and the particular public interest of Issue.74 The 69 Penal Code §§ 832.7, 832.& 70 In tem a tic n al Federation. 42 Cal. 4th 319 (2007). 71 The Supreme Court also narrowed the precedential value of Teamsters Local 656 v. Priceless. LLC- 112 Cal. App, 4th 1500 (2003), review denied (Jan. 22, 2004). The appellate court in Priceless held that names, job titles, and W-2 information of City employees was confidential information and not subject to disclosure under the Public Records Act because the City in question had a prior practice of treating that information as confidential. To the extent that Priceless could be read as holding that a City's practice of refusing to disclose certain information had created a privacy interest in those records, the California Supreme Court disagreed and refused to adopt that holding. International Federation, 42 Cal. 4th at 336. 12 id., at 343. 73ld. 741d. at 336. Public Records Act Page 13 © 2019 Richards, Watson & Gershon 2265031 Part one: Compliance with the Pubic Records Act Court stated that this would reverse the presumption of openness of public records mandated by the Public Records Act, and the public entity bears the burden of demonstrating that particular records are exempt.75 The Court, however, left open the possibility that a public entity may, on a case -by -case basis, decline to release records pertaining to individual employees where anonymity is essential to their safety, such as undercover narcotics officers. Although this decision arose in the context of a public records request for the names and salaries of City employees earning more than $ i 00,000 per year, the Supreme Court's reasoning may have general application to salary information for all City employees, regardless of level of salary. In a companion case, Commission on Peace Officer Standards and Training v. Superior Court, the California Supreme Court addressed the confidentiality of certain non -salary information.,, In this case, the Commission refused to provide the names, employing departments, and hiring and termination dates of peace officers from its database. The Commission maintains the database to monitor participating law enforcement departments' compliance with Peace Officer Standards and Training ("POST") regulations. The California Supreme Court held that the names, employing departments, and hiring and termination dates of peace officers are not confidential under Penal Code Sections 832.7 and 832.8, and are not exempt from disclosure under the Public Records Act. The California Supreme Court, however, remanded the case to the lower courts to allow the Commission the opportunity to establish that information regarding particular officers or categories of officers should be excised from the disclosed records in order to protect the safety or efficacy of those peace officers. (7) Arrest records, complaint reports, investigatory and security files. Gov't Code § 6254(f). This exemption strictly limits the information required to be disclosed about arrests, complaints and investigations.,' Records of complaints to or investigations conducted by police agencies generally may be withheld. 75 id. at 336-37. 76 Commission an Peace Officer Standards and Training v. Superior Court, 42 Cal. 4th 278 (2007); see also. Long Beach Police Officers Assn. v. City of Long Beach, 59 Cal, 4th 59 (2014), 77 the scope at 'records of investigation" is narrowly construed. American Civil liberties Union Foundation v. Superior Court, 3 Col. 51h 1032, 1039 (2017): City of Son Jose v. Superior Court, 2 Col. 5th 608, 616-617 (2017), Records of investigation exempted under Section 6254(1:) "encompass only those investigations undertaken for the purpose of determining whether a violafion of law may occur or has occurred. if a violation or potential violation is defected, the exemption also extends to records of investigations conducted for the purpose of uncovering information surrounding the commission of the vioiatiori and its agency." Haynie v. Superior Court, 26 Cat. 4th 1061, 1072 (2011). In American Civil Liberties Union of Southern California u. Superior Court, the Calitomia Supreme Court declined to extend the meaning of "investigation" to cover bulk raw data obtained as part of a mass personal data Collection. because there was no targeted "investigation" into a particular criminal act. 3 Col. 51h 1032, 1041. Public Records Act Page 14 © 2019 Richards, Watson & Gershon 2265031 Part one: Compliance with the Public Records A c I Investigatory or security files compiled by a local agency for law enforcement or licensing purposes are also covered by the exemption, provided "there is a concrete and definite prospect of criminal law enforcement proceedings."78 This exemption extends indefinitely, even after investigations are concluded.7" In most cases, agencies are required to disclose to the public8o the full name, current address and occupation of every person arrested by the agency, including a general physical description, along with the date and time of arrest. This disclosure, however, is not required where it would endanger the safety of a person involved in an investigation or jeopardize the successful completion of the pending investigation or a related investigation. While investigations conducted by police agencies are generally not disclosable, investigations of police agencies may be subject to PRA requests. When releasing records pertaining to investigations of police agencies, the agency must redact or otherwise withhold any information that is part of a police officer's confidential personnel file.8 Counsel should be consulted to ensure that confidential information is not disclosed. In addition, local agencies are required to disclose to the public the time, substance and general location of all complaints and requests for assistance, and the time and nature of the agency's response. However, no disclosure may be made to any arrested person or defendant in a criminal action of the address and telephone number of any person who is a victim or witness in an alleged offense.82 Further, this disclosure is not required where it would endanger the safety of a person involved in an investigation or jeopardize the successful completion of the pending investigation or a related investigation. In all cases, the address of a victim of an alleged sex offense must be withheld.' Additionally, the name of the victim of an alleged sex offense must be withheld If the victim or a minor victim's parent or guardian requests it be withheld. While the law refers to "sex offenses," the crimes listed in Section 6254(f) include sexual assault, child molestation, child abuse, hate crimes and stalking. The Public Records Act prohibits the commercial use of arrest and arrestee information, and requires that persons requesting such information sign a declaration, under penalty of perjury, that the request is made for a scholarly, journalistic, political, or governmental purpose, or for investigation by a licensed 78 Dixon v. Superior Court jNeves), 170 Cal, App, 4th 1271, 1277 (3 Dist. 2009j (internal quotation omitted). 79 Rackouckas v. Superior Court (Los Angeles TiMe5 Communicatr'on5) r 104 Cal. App. 4th 169, 174-1 78 (4 Dist. 2002), 80 section 6254(f) also authorizes release of certain limited information to the victim of a crime and other interested parties, above and beyond that information released to the public generally. 81 Pasadena Police Officers Association v. City of Pasadena, 22 Cal, App. 5th 147 (2 Dist. 2018), 82 Penal Code § 841 .5. 83 Penal Code § 293. Public Records Act Page 15 © 2019 Richards. Watson & Gershon 2265031 Part One: Ccmpliance with the Public Records Act private investigator.$, This requirement, however, may have limited applicability given the outcome of litigation by United Reporting Publishing Corporation against the California Highway Patrol.85 Subsequent to that case, the Attorney General issued an opinion that a law enforcement agency may not require that a requester present subscriber lists, copies of publications or other verification of a journalistic purpose and the requester is not required to monitor subscribers to prohibit them from using the information for commercial purposes.,iA Disclosure of Certain Police Department Records Penal Code sections 832.7 and 832.8, which previously provided that peace officer personnel records are confidential and subject to disclosure only after a granted Pitchess Motion, were recently amended. Now, certain peace officer personnel records and records relating to specified incidents, complaints, and investigations must be made available to the public under the Public Records Act. Penal Code sections 832.7 and 832.8 now provide that an agency must disclose any record relating to the report, investigation, or finding of: ■ an incident involving the discharge of a firearm at a person by a peace officer or custodial officer. ■ an incident in which the use of force by a peace officer or custodial officer against a person resulted in death or in great bodily injury. ■ When a sustained finding was made that a peace officer or custodial officer engaged in sexual assault involving a member of the public. • When a sustained finding was made of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including, but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction, falsifying, or concealing of evidence.R7 As of July 1, 2019, the Act will require an agency to disclose audio and video recordings that relate to a "critical incident." A recording relates to a critical 84 Gov't Code § 6254(f) (3), A commercial publisher of criminal records challenged the constitutionality of this limitation on disclosure, but the United States Supreme Court held that the statute did not violate the First Amendment to the U.S. Constitution. Los Angeles Police ❑ep't v. United Reporting Fuhl'g Corp., 528 U.S. 32 (1999), 85 United Reporting Pubi'g Corp. v. California Highway Patrol, No. 96-CV-0888-B (S.D. Cal. Aug. 13, 20O1 ) (final judgment on consent] ("As applied to United Reporting's activities as described in this lawsuit, section 6254(f) (3) violates United Reporting's rights under the First Amendment to the United States Constitution by preventing United Reporting from engaging in its journalistic ac# vities as described above.") 86 89 Ops. Cal. Att'y Gen. 97 (2006). 87 As of the date of this publicationr there is pending litigation concerning Penal Code section 832.7 and whether it is applicable to records created or acts that occurred prior to January 1, 2019. Public Records Act Page 16 p 2019 Richards, Watson & Gershon 2265031 Part One: Comprionce with the Public Records Act Incident if if depicts an incident involving the discharge of ❑ firearm at a person by a peace officer or custodial officer; or an incident in which the use of force by a peace officer or custodial officer resulted in death or great bodily injury.88 The foregoing is a brief overview of this detailed and complex exemption. Police and code enforcement staff should familiarize themselves with the complete requirements of this Section prior to responding to requests for arrest and complaint information. (8) Information required from any taxpayer in connection with the collection of local taxes. Gov't Code § 6254(i). This exemption applies to information that a city or other local agency requires from any taxpayer in connection with the collection of local taxes if that information is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying the information. One frequent example of this is the submittal of sales or income information under ❑ business license tax requirement where the city has indicated in its business license tax ordinance that the financial information provided will be kept confidential. If the business license is required by ordinance to list the amount of tax paid and be posted at the place of business, however, the amount of tax paid arguably is not confidential. (9) Library circulation records. Gov't Code § 6254(j). While this exemption protects from disclosure library circulation records kept for the purpose of identifying the borrower of items available in libraries, it is not applicable to records of fines imposed on the borrowers. (10) Records exempt from disclosure under other laws including, but not limited to, the Evidence Code sections relating to privilege. Gov't Code § 6254(k). This provision of the Public Records Act exempts from disclosure every document held by a local agency that is legally privileged or confidential under some law outside the Public Records Act, The most common} example of this exemption protects documents subject to the attorney -client privilege or the attorney work - product doctrine. It is important to note that neither the Public Records Act nor 88 Section 62541fj (4), effective July 1, 2019. Public Records Act Page 17 © 2019 Richards, Watson & Gershon 226503) Part One: Ccmpriance with the Public Records Act the Brown Act abrogate those important privileges for communications between a local agency and its legal counsel.8y For example, in Los Angeles County Board of Supervisors v. Superior Court, the Supreme Court ruled that the attorney -client privilege protects the confidentiality of invoices for legal work in pending and active legal matters.9u The Court reasoned that such invoices are so closely related to attorney -client communications that they may reveal legal strategy or consultation. The Court emphasized, however, that the attorney -client privilege does not categorically shield everything in a billing invoice from PRA disclosure. This case also reaffirms the principle that the Public Records Act does not permit public agencies to withhold an entire document that contains both exempt and nonexempt information. On this point, the Supreme Court ruled that agencies must use "the equivalent of a surgical scalpel to separate those portions of a record subject to disclosure from privileged portions" unless records are not "reasonably segregable. Further, the Court stressed that any ambiguity must be construed in "whichever way will further the people's right of access."92 On remand, the Court of Appeal clarified that specific billing entries and descriptions of work contained in attorney invoices are not subject to disclosure under the PRA, whether they related to pending, ongoing or long -concluded legal matters. The Court further found that cumulative fee totals contained in attorney invoices for pending or ongoing legal matters are also protected from disclosure by the attorney -client privilege. And finally, it found that cumulative fee totals for matters concluded long ago may be subject to disclosure only if the cumulative fee totals do not reveal anything about the legal consultation or provide any insight into legal strategy.,?' Whether or not any particular fee total must be disclosed is a factual inquiry for the trial Court,V4 While a full discussion of attorney -client privilege and attorney work product is outside the scope of this Handbook, it is worth noting that one court held that a city waived those privileges for communications it sent to a developer prior to approval of a development project under the California Environmental Quality Act (CEQA).95 The court held that the "common interest doctrine," which generally allows disclosure of privileged communications to third parties with a common interest in ❑ legal matter, did not apply to prevent the city's waiver.96 89 Roberts v. City of Palmdale, 5 Cal. 4th 363, 377 (1993). 90 LOS Angeles County Board of Supervisors v. Superior Court, 2 Cal. Sth 282 (2016) , 91 U., at 292, 42 Id. (citing Ardon v. City of Los Angeles, 62 Cal, 41h 1176, 1190 i20161, and Cal. Const., art. I, § 3, subd. (bl (2)1. 93 County of Los Angeles v. Superior Court, 12 Col,App, 5th 1264, 1274 (2 Dist. 2017). 94id. 95 Citizens for Ceres v. Superior Ccurf (City of Cere5j, 217 Cal. App. 4th 889, 922 (5 Dist. 2013). 96Id. at 914-921. Public Records Act Page 18 2019 Richards, Watson & Gershon 2265031 Port One: Compliance with the Public Records Act As a result, the city was required to include its attorneys' communications with the developer in the administrative record it prepared, In light of this opinion, local agencies should be cautious in sharing documents and legal opinions prepared by the agency's attorney with a project developer, and recognize that in the event it does share such documents and opinions of its attorneys, those disclosures likely waive the agency's privilege. In tabor and Workforce Development Agency v. Superior Court, the Court of Appeal extended the protection afforded by Section 6254(k) to documents revealing the deliberative process of an agency, even going so for as to prevent the disclosure of the identities of persons with whom the agency confidentially communicated, and the general subject matter of the communications.y' Determining which other confidentiality laws are incorporated into the Public Records Act has always been difficult and time-consuming. In 1998, the Legislature attempted to address this problem by enacting a statute that lists most of the exemptions found in other laws.98 The list begins at Government Code Section 6276 and continues for more than 20 pages. Although the Public Records Act cautions that this list may not be complete, if is a helpful list. Two 1995 Court of Appeal decisions99 illustrate how documents made confidential by another law are exempt from disclosure under the Public Records Act. Both courts found that information relating to complaints against peace officers is confidential and a part of that peace officer's personnel file under Penal Code Section 832.7, and therefore exempt from disclosure under the Public Records Act. More recently, the Court of Appeal held these complaints, along with any other records generated in connection with possible administrative discipline, remain exempt from disclosure even when contained in a report investigating possible criminal wrongdoing and otherwise disclosable under the public records requests.luo Please note, however, that Penal Code Section 832.7 relating to disclosure of peace officer records was substantially amended, effective January 1, 2019, as discussed on page 17 of this Handbook, 97 Labor and Workforce Development Agency v Superiar Court, 19 Cal. App. 5th 12 (3 010t 2018). 98 Stats. 1997. c.620 (S.B. 143-!Copp). 99 City of Richmond v. Superior Court (Son Francisco Bay Guordian). 32 Cal. App. 4th 1430 (1 Dist. 1995); City of Hemel, 37 Cal. App. 4th 1411 (4 Dist. 1995}; see also, Copley Press, Inc. v. Superior Court (County of San Diegof . 39 Cal. 4th 1272 (2006) (holding that records of a civil service cammission, relating to a peace officer's administrative appear of a disciplinary matter, were not subject to disclosure pursuant to the Public Records Act and Penal Code Section 832.71. 100 Pasadena Police Officers Association v. Superior Court, 240 Cal. App, 4th 268, 290 (2 Dist. 2015). Public Records Act Page 19 0 2019 Richards, Watson & Gershon 2265031 Part One: Compliance with the Public Records Act (11) Personal financial information required of licensees. Gov't Code § 6254(n). When a local agency requires that applicants for licenses, certificates or permits submit personal financial data, that information is confidential. This exemption, however, does not apply to financial information filed by a franchisee to justify a rate increase, presumably because those affected by a rate increase have ❑ right to know its basis.101 The term "license" was narrowly construed by the court in San Gabriel Tribune v. Superior Ct. to exempt financial information of applicants whose business with the agency is only public because they must comply with licensing requirements and regulations, To give effect to the Public Records Act policy that favors disclosure over secrecy in government, the court concluded that a franchisee is akin to a contractual relationship and is not an applicant for a license under Section 4254(n). (12) Terrorist assessment reports. Gov't Code § 6254(aa). A document prepared that assesses ❑ local government's vulnerability to terrorist attacks or other criminal acts intended to disrupt the local agency's operations is exempt from disclosure if the document is prepared for distribution or consideration in a closed session of the local agency. (13) Voter registration information. Gov't Code § 6254.4. The home address, telephone number, email address, precinct number and prior registration information shown on voter registration cards is confidential. Disclosure of that information is permitted only to candidates and campaigns, and to any person for election, scholarly, journalistic, or political purposes pursuant to Section 2194(a) (3) of the Elections Code. The driver's license number, social security number, and signature of the voter shown on the voter registration card are confidential and cannot be disclosed to any person. We believe that this exemption extends to any document that by law must include the information made confidential by this Section, including applications for absentee ballots and returned absentee ballot packages. Beginning .January 1, 2014, however, voter registration information identified under Section 101 San Gabriel Tribune v. Superior Court (City of west Covinc) , 143 Cal, App. 3d 762, 779-780 j2 Dist. 1983j. Public ReCords Act Page 20 0 2019 Richards, Watson & Gershon 2265031 Port One. Compliance with the Pub ric Records Act 6254.4 of the Government Code must be made available to the public if it is at least one hundred years old.102 (14) Utility customer information. Gov't Code § 6254.16. The name, credit history, utility usage data, home address, and telephone number of utility customers of local agencies are exempt from disclosure, except in certain circumstances. This information may be disclosed to authorized family members of the person to whom the information pertains or his or her agent, to an officer or employee of another governmental agency when necessary to perform official duties, or upon court order or the request of law enforcement for an ongoing investigation. In addition, the information may be disclosed if the utility customer has used the utility services in a manner inconsistent with applicable local utility usage policies. if the utility customer is a public official with authority to determine utility usage policies, the information may be disclosed except that the home address of an appointed official may not be disclosed without the official's consent. Lastly, the information may be disclosed if the public interest in disclosure of the information clearly outweighs the public interest in nondisclosure. (15) Unauthorized Internet posting of officials' addresses and telephone numbers. Gov't Code § 6254.21. The posting of the home address or telephone number of any elected or appointed official on the internet by a local agency without that individual's written permission is prohibited. The definition of "elected or appointed officials" includes, but is not limited to, members of a City council, members of a board of supervisors, mayors, City attorneys, police chiefs and sheriffs. It is a misdemeanor for any person to post such information with the intent to cause bodily injury to the official, his or her spouse or child. The official may bring an action for damages under certain circumstances. If bodily injury occurs as a result of the posting, then the posting could become a felony. If a person, business, or association publicly posts on the infernef the home address or telephone number of any elected or appointed official, the official may make a written demand to have the information removed. An official may bring an action in court to seek injunctive relief in the event the posting is not removed or is posted again during the four years that the written demand is in effect. 102 Cal. Elec. Code § 2194.1: stots. 2013. c. 1 18 (S.B. 112 - Monning). Public Records Ac! Page 21 Cb 2019 Richards, Watson & Gershon 2265031 Part One: Compliance with the Pubric Records Act (16) Social Security Numbers. Gov't Code § 6254.29. Local agencies must redact social security numbers from records before disclosing them to the public. (17) General public interest exemption. Gov't Code § 6255. In cases where a specific statutory exemption does not apply, a record still might be exempt from disclosure if: on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.lo3 The numerous cases examining this "balancing test" make it clear that the burden is on the local agency to show that the public interest in confidentiality outweighs the public interest in disclosure. In fact, giver} the public policy involved, courts demand a demonstration of "clear overbalance" to justify non- disclosure.io^ In practice, very few local agencies have been able to convince reviewing courts that the public interest in confidentiality outweighs the interest in disclosure. In the absence of a specific statutory exemption, this "catch-all" distinction rarely has been successfully relied upon to justify nondisclosure. Thus, local agencies must in good faith find a relatively rare "clear overbalance" to justify confidentiality on this ground.ii,5 The right of privacy may provide a basis to shield disclosure of information under Government Code Section 6255. For example, relying on the right of privacy, the California Supreme Court ruled that disclosure of raw automated license plate reader data collected by a police department was protected from disclosure under this catch-all exemption. 1i16 The unaltered license plate scan data consisted of the plate number, date, time and location information of each license plate record.,�1/ The Supreme Court found that the act of revealing 103 Gov't Code § 6255. 104 City of Hemet, 37 Cal, App. 4th at 1421; see Also Black Panther Party, 42 Cal. App. 3d of 657. 105 See, e.g.. Michaelis, Montanan 8. Johnson v. Superior Court (City of Los Angeles Dept. of Airports). 38 Cal. 4th 1065 (2006) (holding under "catch-all" exemption that proposals for lease and development of a hangar facility at public airport were exempt from disclosure until City had completed negotiations where negotiations were part of the competitive process). 106 American Civil Liberties Union Foundation v, Superior Court, 3 Cal. 5th 1032, 1043-1044 (2017). 107id- at1043. Public Records Act Page 22 © 2019 Richards, Watson & Gershon 2265031 Part One; Compliance with the Public Records Acl the data would jeopardize the privacy of everyone associated with a scanned plate which was ❑ significant threat to privacy because more than one million scans were conducted per week, and on that basis concluded that the public interest in preventing such disclosure "clearly outweighs the public inferest served by disclosure of" these records. 1a8 Two other areas in which a public interest in nondisclosure has been upheld involve public records disclosure that would adversely affect the deliberative process of a local agency, or the personal security of a public official. In Times Mirror Co. v. Superior Court,,,,)y for example, the State's refusal to release the Governor's schedule and appointment calendar out of concern for the Governor's personal safety was upheld. Additionally, the State asserted that fhe disclosure of appointment calendars and schedules would "chill the flow of information" to the Governor and inhibit the free exchange of ideas in private meetings. The breadth of the request, however, may affect the balancing of interests. The public interest in nondisclosure may be less where the request is carefully focused and confined to a few documents.,,() The Governor's office won another Public Records Act case on the "deliberative process privilege" and the exemption for "correspondence of and to the Governor",,, justifications in 1998 when the office refused to disclose applications submitted to the Governor for an appointment to a vacancy on a board of supervisors.11) On the local level, a city's refusal to disclose the telephone records of council members was upheld to protect the some "deliberative process privilege."113 Far more often, however, courts have found the public interest in disclosure outweighs the interest in confidentiality. Similarly, the Attorney General has issued several opinions favoring disclosure. Some illustrative cases and Attorney General opinions in this area include the following; 108 id., al 1044. 10q See, e.g., Michaelis. Montonad & Johnson v. Superior Court jCify of l_os Angeles Dept, of Airports), 38 Cal, 4th 1065 (20061 (holding under "catch-all' exemption thof proposals for lease and development of a hangar facTty at public airport were exempt from disclosure until City had completed negotiations where negotiations were part of the competitive processl. 110 ld of 1344-46. 11 1 Gov't Code § 6254(1) 112 California First Amendment Coalition v, Superior Court (Willson), 67 Cal. App. 4th 159 {3 Dist. 19981; see olso Wilson v. Superior Court (tos Angeles limes), 51 Col. App. 4fh 1 136 (2 Dist. 1997), as modified. 113 Rogers v..5upe6or Court (City of Surbankj, 19 Cc1, App. 4th 469 (2 Dist, 1993). Public Records Act Page 23 02019 Richards, Watson & Gershon 2265031 Part One: Ccml) ionce with the Public Records Act Conned v. Superior Court (in ters o urce, Inc.), 14 Records relating to unpaid state warrants are public records and must be disclosed. The public interest in disclosure outweighs the public interest in preventing possible fraud that could be assisted through the release of too much information about the State's warrant system. The fact that the request was made solely for commercial purposes and profit did not affect the balancing test., is ■ Copley Press, Inc. v. Superior Court (M.P.R. - a minor), IA As a matter of law, no compelling reason exists to seal the court records of a settlement reached between the insurer for a school district and a minor student who was sexually assaulted at school. The amount of settlement is ❑ matter of public record. CBS, Inc. v. Blockl °7 The possibility that public disclosure of applications for concealed weapons permits would discourage the filing of new applications, or that such disclosure might increase applicants' vulnerability to attack, did not justify nondisclosure. Braun v. City of Taft, '8 A City's nondisclosure of personnel records and letters appointing an employee and then rescinding the appointment was not justified by the theory that future applicants would not be candid if they knew personal information would be made public. Humane Society of U.S. v. Superior Court (The Regents of the University of California) 119 A public university's nondisclosure of certain information relating to an academic study was justified because the interest in protecting the academic research process outweighed the interest in public disclosure. Disclosure would "fundamentally impair" the academic research process and the public would 114 56 Cal- App. 4th 601 (3 Dist. 1997). i 15 Government Code Section 6257.5 stotes that the Public Records Act "does not allow limitations on access to o pub{ic record based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure." 116 63 Col. App- 4th 367 14 Dist. 1998), 117 42 Ca 3d 646 (2 Dist. 1986). 118 i54 Cal. App- 3d 332 j5 Dist. 19841, 119 214 Cal. App, 4th 1233 (3 Dist. 2013). Pubiic Records Act Page 24 0 2019 Richards, Wotson & Gershon 2265031 Part one. Compgance with the Pubric Records Act suffer because the "`quantity and quality' of . . . academic research on important issues of public interest would be adversely affected." 1 ,-c� • Los Angeles Unified School District v. Superior Court (Los Angeles Times) ' 21 A school district's decision fo redact the names of teachers in a statistical model measuring each teacher's effect on students' standardized test scores was proper because the detrimental interference with the district's ability to function properly clearly outweighed the interest in public disclosure. The scores had already been released to the public categorized by school, grade, subject and demographics; to require additional disclosure would sow discord among parents and teachers. • Lang Beach Police Officers Assn. v. City of Long Beach 177 In a request by a newspaper for the names of peace officers involved in a fatal shooting, the California Supreme Court held that vague safety concerns - which apply equally to all officers involved in shootings that result in severe injury or death - were outweighed by the public's interest in such incidents. The California Supreme Court held that in order for names of peace officers involved in such incidents to be exempt from disclosure, there must be a particularized showing of safety concerns regarding those officers. ■ 90 Ops. Cal. Att'y Gen. 40 (2007) County recorder's accounting records that include a payment receipt showing the documentary transfer tax amount is subject to inspection under the Public Records Act. While the statutory scheme allows the documentary transfer tax to appear on a separate paper rather than on the recorded property conveyance document, that procedure provides only limited privacy protection for property owners and does not make the documentary transfer tax amount confidential. ■ 81 Qps. Cal. Att'y Gen. 383 (1998) Claims for senior citizens' exemptions from assessment of a parcel tax levied by a school district are subject to inspection by members of the general public. The concern that the residents' privacy would be compromised by solicitors targeting senior citizens was insufficient to overcome the public interest in disclosure. 120 fd, at 1263. 121 228 Cal. App. 4th 222 (2 Dist. 2014). 122 59 Cal. 4th 59 (2014). Public Records Act Page 25 © 2019 Richards, Watson & Gershon 2265031 Part One: Compliance with the Public Records Act X. WHAT IS THE PROPER PROCEDURE FOR COMPLYING WITH A PUBLIC RECORDS ACT REQUEST? The following is a brief outline of the proper response procedure, as required by Government Code Section 6253. A. The agency has ten calendar days to determine whether to grant the request. Grounds for refusing a request include: The request does not seek records which are "reasonably segregable" from records which are exempt from disclosure;,j3 • The request does not reasonably describe an identifiable record;l^ The request would require the agency to create new records not currently in existence; ❑r125 The request seeks records which are exempt from disclosure.l�F Note, however, that the Public Records Act requires the disclosure of "reasonably segregable" portions of records. This means that if portions of a record are exempt and other parts of the some record are not, the non-exempt portions of the document must be disclosed. 1_17 B. In "unusual circumstances" the agency may take up to an additional 14 calendar days to make the determination whether to grant the request. "Unusual circumstances" must be one of the following: • The need to search for and collect the requested records from field facilities or other locations separate from the office processing the request,128 • The need to search for, collect and examine a voluminous amount of separate and distinct records demanded in a single request;129 123 Gov't Code § 6253(aj . 124 Gov't Code § 6253(b). 125 Based upon the definition of "wdfing," Gov't Code § 6252(g) "identifiable," Gov't Code § 6253ibj. 126 Gov't Code § 6253(b). 127 Gov't Cade § 6253(a1. 128 Gov't Code § 6253(c) (1) 129 Gov't Cade § 6253(c) (2). and the requirement that a requested record be Public Records Act © 2019 Richards. Watson & Gershon 2265031 Page 26 Part One: Compliance with the Public Records Act ■ The need for consultation with another agency having a substantial interest in the request or among two or more components of the agency having an interest in the subject matter of the request im or • The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data.131 If the agency intends to use this additional time to respond, the agency must provide written notification to the requester that the additional time is required, the reason for the delay and the date on which a determination will be given.i3, C. When the agency has made a determination, the requester must be promptly notified of the agency's determination. This notification should be in writing and should include the following information: Whether the request is being granted or denied;133 • If the request is being granted, the estimated date and time when the records will be made available (or where the records are located on the agency's website);13.i • If the request was made in writing and is being denied, in whole or in part, the response must be in writing and include the extent and the reasons for the denial:13j ■ The name and title or position of the person responsible for the denial;13d • The cost or an estimate of the cost of copying the records, if a copy is requested, and a request for pre -payment. Note that this is only the direct cost of duplication, or a statutory fee, if applicable, and does not include staff time to research, retrieve or compile the records.137 However, if the document requested is in electronic form, the agency may charge the full cost of reproducing the document when the record is one that is produced only at otherwise regularly scheduled intervals, or the request would require 1-�O Gov't Code § 6253(c) (31. 131 Gov't Code § 6253(c)(4). 132 Gov't Code § 6253(c). 133 Gov't Code § 6253(c)_ 134 Gov't Code § 6253(c), 1-35 Gov't Code §§ 6255. 6253(c). 136 Gov't Code § 6253(d). 137 Gov't Code § 6253(b): North County Parents Organization v. Dep't of Education, 23 Cal. App. 4th 144 (4 Dist. 1994). Public Records Act Page 27 0 2019 Richards. Watson & Gershon 9-265031 Part One: Comp Via nce with the Public Records Act data compilation, extraction, or programming to produce the record. 13A The option to inspect the requested records at a mutually convenient time during office hours.i19 + If in response to ❑ public records request the agency directs a member of the public to the location of that public record on its website, the agency must still promptly provide a copy of the record itself if the member of the public requests a copy due to his or her inability to access or reproduce the public record from the website.1C.) D. In addition to the above requirements, if the local agency determines that the request should be denied and the reason for the denial is not solely because of a statutory exemption, the agency must also: • Assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request, if stated; 141 ■ Describe the information technology and physical location in which the records exist;14� ■ Provide suggestions for overcoming any practical basis for denying access to the records or the information sought.143 Alternatively, a local agency may forego these requirements if it instead makes available an index of the record.144 E. Upon payment of the cost of duplication, the agency must make the records "promptly available.";4'' F. Please note that the agency may not use this procedure to "obstruct the inspection or copying" of public records. 4, This provision previously read "delay access for the purposes of 138 Gov't Code § 6253.9(b). 139 Gov't Code § 6253(a). 140 Gov't Code § 6253(t). 141 Gov't Code § 6253.1 (a) (1 ) . 142 Gov't Code § 6253.1 (a) (2). 143 Gov't Code § 6253,1(a) (3j. 144 Gov't Code § 6253.1 (d) (3). 145 Gov't Code § 6253(b). lab Gov't Code § 6253(d). Public Records Act Page 28 © 2019 Richards. Watson & Gershon 2265031 Part One: Compliance with the Public Records Act inspecting." The newer language appears to create slightly more flexibility for local agencies as a delay may naturally result from following the required procedures. -' G. The local agency may provide guidelines for "faster, more efficient, or greater" access to records than provided by the Act. 147 Gov't Code § 6253(e). Public Records Act Page 29 @ 2019 Richards, Watson R Gershon 2265031 Part One: Compliance with the Pubfic Records Act XI. WHAT ARE THE PENALTIES FOR FAILURE TO COMPLY WITH THE PUBLIC RECORDS ACT? Unlike other open government laws, the Public Records Act does not criminally penalize a local agency for its failure to comply with the Act. Nor does it subject a local agency to money damages for a violation.148 However, if a person requesting public records believes records have been improperly withheld, he or she may ask a court to compel a local agency to disclose the records.14y Any person who prevails in enforcing his or her rights under the Act in court is entitled to receive court costs and reasonable attorney fees.150 Courts have deemed a person to be the "prevailing party" for purposes of awarding costs and fees if filing of the lawsuit motivated the local agency to produce any documents.151 The production of just one document can be sufficient to trigger an award of costs and fees.1s2 In the past, where the court determined the litigation was not what ultimately motivated the release of records, costs and fees were denied.153 are court held that an award of attorney's fees was appropriate even though no additional records were produced as a result of the lawsuit.'-" The local agency in that case had repeatedly refused to accept a requester's oral request to inspect public records and forced the requester to make her request in writing, constituting a general denial of access to all public records and justifying an award of attorney's fees under the circumstances. XII. CONCLUSION This Handbook provides a brief overview of some of the most important provisions of the Public Records Act that frequently arise for local government agencies. There are, however, many other provisions not covered by the scope of this Handbook. Additionally, each factual situation contains nuances specific to the particular situation that may impact the analysis. Because it is important to comply with the Public Records Act within a relatively short time frame, it is critical to seek the advice of counsel if there is any question as to the appropriate course of action. 148 County of Santa Clara v. Superior Court (Noymork), 171 Cal. App. 4th 119, 130 (6 Dist. 2009(. 149 Gov't Code § 6258. 150 Gov't Code § 6259 (d). 151 Los Angeles Times v. Alomeda Corridor Transportation Authority, 88 Cal. App. 4th 1381, 1391 (2 Dist. 2001), Rogers v. Superior Court, 19 Cal App, 41h 469, 482 (2 Dist. 19931; Not'! Conference of Black Mayors v. Chico Cmty. Pubi'g, inc-, 25 Cal. App. 5th 570 (3 Dist. 2018) (newspaper that fought third party effort to prevent disclosure of pubric records sought by the newspaper was not entitled to attorneys fees under the Public Records Act because newspaper did not bring an action against the City to compel disclosure under the Act;, )52 Los Angeles Times, 88 Cal. App. 4th at 1392, 1531d at 1391: Crews v. Willows Unified School District, 217 Cal. App, 4th 1368, 1381-82 (3 Dist. 2013). 154 Galbiso v. Orosi Public Utility District, 167 Cal. App, 4th 1063, 1086-1089 (5 Dist. 2008). Public Records Act Page 30 @ 2019 Richards. Watson & Gershon 2265031 PART TWO. ELECTRONIC RECORDS Pubric Records Act Page 31 © 2018 Richord5. Watson & Gershon 2265031 Part Two: Electronic Records ELECTRONIC RECORDS Advances in computer technology have significantly altered the method of communication with and between public officials and employees. but technological developments have outpaced the legislation. Email, electronic documents created on word processors, and web pages do not readily fit into the categories of disclosure under decades -old laws. The courts have had to fit the round peg of electronic documents into the square hole of state law on several occasions. In Aguimatong v. California Mate Lottery, the Court of Appeal rejected ❑ defendant's argument that the plaintiff's computer records "were not made at or near the time of the event" and therefore did not qualify as an admissible "writing" under the evidentiary rules for business records.155 The records were recorded on magnetic tape on the day the events of the case took place, but were not printed out until twenty-two months later. The court concluded that the magnetic tape, not just the printout, constituted a "writing" under the Evidence Code: Chanquin cites no authority holding that the retrieval, rather than the entry, of computer data must be made at or near the time of the event. Thus, although to qualify as a business record the "writing" must be made at or near the time of the event, "writing" is not limited to the commonly understood forms of writing but is defined very broadly to include all "means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof." Evid. Code § 250. Here, the "writing" is the magnetic tape. The data entries on the magnetic tapes are made contemporaneously with the Lotto transactions, hence qualify as business records. The computer printout does not violate the best evidence rule, because a computer printout is considered an "original." Evid. Code § 255.156 Similarly, in People v. Martinez, the California Supreme Court held that records from a state computer system of a defendant's prior criminal convictions were admissible as "official records" under the Evidence Code.157 In an attempt to catch up, in 2002 the Legislature enacted Assembly Bill 1952, modifying the definition of "writing" under the Public Records Act and the Evidence Code to include "photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any 155 Aguimatang v, Califomia State Lottery, 234 Cal, App. 3d 769 (3 Dist. T991 ). 156 id. at 798. 157 People V. Martinez, 22 Col, 4th 106 (2000). Public Records Act page 32 © 2019 Richards, Watson & Gershon 2265031 Part Two: Electronic Records tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof," and clarified that the definition applied "regardless of the manner in which the record has been stored." 5a The legislative reports cited to Aqu+matang and Martinez to establish that the amendment was declaratory of existing law. The reports also observed that in an earlier case, a court of appeal stated that the definition of writing in the Public Records Act was "intended to cover every conceivable kind of record that is involved in the governmental process and will pertain to any new form of record -keeping instrument as it is developed." 7� Under the 2002 legislation, emails and other electronic documents are records subject to disclosure and present their own unique issues for local governments. In 2009, the State Legislature enacted rules relating to the discovery of electronically stored information, similar to the rules enacted by the Federal Government in 2006. In 2006, the Federal Rules of Civil Procedure were revised to require parties in federal lawsuits to address the production and preservation of electronic records.16Q Under the 2006 Rules, a public entity should have an electronic retention practice and policy that ensures that electronic documents relevant to federal litigation are appropriately preserved. Rule 37 of the Federal Rules of Civil Procedure authorizes federal courts to impose sanctions on parties and their attorneys who fail to comply with discovery obligations and court orders. City websites, in turn, raise questions about public rights of access. Websites are an important means of providing residents with access to information. An improperly framed policy on website use, however, could result in violations of the Brown Act, infringe upon residents' First Amendment rights, and even violate disability access laws. Consequently, it is important to establish clear policies governing website design and use. This Part 2 on Electronic Records will begin by discussing the types of email that are public records, and what exemptions under the Public Records Act might justify nondisclosure. Other unique issues raised by the use of email are also explored, such as emails sent or received by public officials and employees on nongovernmental accounts, email threads and the potential risk of using email to create an unlawful serial meeting under the Brown Act. We then look at the Public Records Act requirements for disclosure of other types of electronic records, including Geographic Information Systems. 158 5tats. 2M2, c. 945 (A.B. 1962—Hollingsworthj (amending Gov't Code § 6252 and Evid. Code § 254). 159 Assembly Committee on Judiciory, Report on A 1962, May 14, 2002 (oftng San Gabriel Tribune v. Superior Court. 143 Col. App, 3d 762, 774 (1 Dist. 19831(. 160 Fed. R. Cis. P. 26. Pub1c Records Act Page 33 ® 2019 Richards. Watson & Gershon 2265031 Port Two Efectronic Records The discussion then turns to other concerns raised by electronic records, including litigation discovery and metadata. We close with a discussion of city websites, including some of the legal issues that a public entity should consider when establishing and running a website. EMAIL Given that email can be a public record under Government Code Section 6252, in most circumstances a public entity is under an obligation to disclose email upon request. However, there are a number of complications, and despite AB 1962's attempt to respond to the changed method of communication, the bill provided nothing in the way of specifics. A. Is the Email a Public Record? Under the Public Records Act, certain exemptions might apply to justify withholding an email. But a fundamental question - one that must be considered before determining whether an exemption applies - is whether the document qualifies as a "public record" of the local agency. (1) Personal Messages Documents disclosable under the Public Records Act must be "prepared, owned, used, or retained by any state or local agency," and must contain information "relating to the conduct of the public's business."161 Although this covers a very broad range of documents, it does not cover every document. For example, emails on entirely personal subjects unrelated to local agency business would not relate to the conduct of the public's business, and therefore would not constitute "public records" under Section 6252.162 A harder determination is whether a personal email that only mentions a city issue in passing would relate to the conduct of the public's business. Recently the California Supreme Court held the determination whether a particular email qualifies as a public record, particularly for emails kept in personal accounts, will involve the consideration of a number of factors and may not always be clear.16,3 The court suggested examining the content and context of the email, the purpose for which it was written and to whom, and whether the email was prepared by an employee purporting to act within the scope of his or her employment.164 161 Gov't Code § 6252. 162 City of Son Jose v. Superior Covrt, 2 Cal. 5th 608 (2017). 1631d. 164 Id. Public Records Act Page 34 © 2019 Richards, Watson & Gershon 2265031 Port Two: Electronic Records (2) Emails Sent or Received Using Personal Devices and Personal Accounts Staff frequently asks whether emails sent or received on a nongovernmental account (such as personal GmaI, Yahoo Mail, or Hotmail accounts), from a home computer or smartphone and which pertain to focal agency business, qualify as a public record. The California Supreme Court recently decided this very issue, and held in a unanimous decision that the presumptive right of access of the PRA extends to emails and texts sent or received on nongovernmental accounts, whether on private or government -issued devices, used by local agency employees or officials that relate to the business of that local agency.,,5 In City of Son Jose v. Superior Coud, a request for 32 categories of public records was filed with the City of San Jose, four of those categories included emails and text messages sent or received on private electronic devices used by the mayor, two City council members, and their staffs.16, The City argued such emails were outside the reach of the PRA; both because the emails were not directly accessible to the City and thus did not qualify as writings "prepared, owned, used or retained" by the City under the Section 6252 definition of "public records," and because neif her employees or officials are included within the governmental entities listed in the definition of "local agency," also found under Section 6252.167 The Court found neither argument persuasive when considering the legislative intent of the PRA and the constitutional directive to a broadly construed right of public access,168 The California Supreme Court found no indication "the Legislature meant to allow public officials to shield communications about official business simply by directing them through personal accounts."1G4 The court did acknowledge the inherent balance that must be struck between the public's rights of access and an individual employee's or official's right of privacy, and sought to offer some limited guidance for how searches should be conducted for records sent or received on nongovernmental accounts that pertain to the public's business.170 Foremost, the California Supreme Court stated it is the local agency itself that is in the best position to adopt policies that will reduce the likelihood of public records being held in the private, nongovernmental accounts of local agency 165 td. at 629. 166 Id. at 615. 167 ld. at 619-23. 1681d. at 621. 169 1c1 170Id. at 627-29. Pubfic Records Act Page 35 © 2019 Richards, Watson & Gershon 2265031 Part Two: Electronic Records employees or officials that pertain to the public's business.171 barring such a policy, the court stated that a local agency's first step upon receiving a PRA request that implicates nongovernmental accounts should be to communicate the request to the individual or individuals in question.171 A local agency may then reasonably rely on those individuals "to search their own personal files, accounts and devices for responsive material."173 Citing both federal precedent under FQIA and a holding by the Washington Supreme Court under its state public records law, the California Supreme Court also discussed an employee or official submitting an affidavit that would give the local agency, requester, and ultimately the trial court reassurance that responsive records were appropriately searched on nongovernmental accounts.174 Such an approach must also strike "an appropriate balance" with the individual's right of privacy in their personal affairs.11S The California Supreme Court's ruling in City of San Jose v. Superior Court is likely to have far-reaching consequences for public agencies; however, ❑ number of questions remain unanswered by the court's decision. Since the City of San Jose refused to produce any emails from a nongovernmental account in response to the original PRA request, disputes over the content of specific emails and whether or not they fall under the definition of "public record" will likely be decided in subsequent proceedings.176 Similarly, the decision does not address at what point a suggested search in response to a PRA request would become an unwarranted invasion on the privacy of a local agency employee or official.,// in responding to requests for communications sent or received on an individual's nongovernmental account, it is advisable to consult with your legal counsel. Counsel should also be consulted if an agency requires access to potentially responsive documents or communications that are on an employee's private device and not accessible to the agency (for example, documents saved on an employee's home computer hard drive) . Our office is also available to help draft policies that seek to reduce the likelihood that public records will be held in an agency employee's or official's private nongovernmental account, how to conduct searches into nongovernmental accounts when necessary, and how to work with employees so the employees properly search their private, nongovernmental computers and smartphones, when necessary.178 171 Id. at 628. 172 id. 173 id 174Id. 175 !d. 176 Id, a t 61 B. 177Id. at 627. 178 Private, nongovernmental devices should never be seized by the agency. or accessed without the employee's consent, even if the agency believes the device contains material responsive to a PRA request. Public Records Act Page 36 ® 2019 Richards, Watson & Gershon 2265031 Part Two: Electronic Records 8. Some Email may be Protected by the Deliberative Process Privilege or Mental Process Principle Emails differ from traditional printed documents: they may be prepared quickly and sent without proofreading, they may be conversational, or they may substitute for face-to-face or telephone communications. As recently described by the California Supreme Court, "the ease and immediacy of electronic communication has encouraged a commonplace tendency to share fleeting thoughts and random bits of information, with varying degrees of import, often to broad audiences." As a result, they often reflect preliminary ideas and concepts, and may be subject to the deliberative process privilege, which was mentioned earlier in the discussion on the Public Records Act.180 Alternatively, the mental process principle may provide a basis for withholding emails. Before applying the deliberative process privilege to emails sent to a legislative body member, you should familiarize yourself with the Brown Act requirements regarding disclosure, discussed below in Section G. The deliberative process privilege and the mental process principle are very similar, and sometimes courts blur the distinction. Generally speaking, the deliberative process privilege is targeted at protecting from disclosure the decision making process of governmental agencies. Without that protection, candid discussion may be discouraged within an agency, thus undermining its ability to perform its functions.181 It is sometimes referred to as the "executive privilege," 182 but has been applied to records of both the executive branch (e.g., the governor) and the legislative branch (e.g., a City council).183 The mental process principle, on the other hand, appears to apply only to the members of an agency's legislative body when those members are enacting legislation, and protects from disclosure those records that would allow an inquiry into the "subjective motives or mental processes of legislators."184 The deliberative process privilege uses a balancing test, whereas the mental process principle does not, making the mental process principle exemption less subjective.185 (1) Deliberative Process Privilege Although the Public Records Act does not expressly contain a deliberative process exemption, the California Supreme Court held in 1991 that public 179 +d of 618, 180 See pages 21-24 of this Handbook. 181 'Times Mirror Co. v. Superior Court, 53 Cal. 3d 1325, 1342 (1991 182 Sutter's Pioce v. Superior Court, 161 Col, App. 411h 1370, 1378 (6 Dist. 2008). 183 Times Mirror Co., 53 Cal. 3d 1325 (governor's colendars and schedules; Rogers v. Superior Court, 19 Cal, App. 4th 469 (2 Dist. 1993) (City council phone records) . 184 Sutler's Place, 161 Cal. App. 4th of 1377, 185 1d. Public Records Act Page 37 © 2019 Richards, Watson & Gershon 2265031 Part Two: Electronic Records records may be withheld on deliberative process grounds.185 The deliberative process privilege arises under the "catch-all" exemption contained in Section 6255 of the Government Code. Linder the "catch-all" exemption, a public agency may justify nondisclosure by showing "that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record." To apply the deliberative process privilege: • First consider whether the record falls within the scope of the privilege, Generally, records that are predecisional and deliberative (opinion) fall within the scope, but some courts have not strictly applied a predecisional requirement and have permitted purely factual material that exposes the deliberative process to fall within the privilege.1w • Second identity the public interest served by nondisclosure of the record. Four public interests that have been identified by the courts are: (1 ) Protection of the agency's decisionmaking process so that candid discussion within the agency is not discouraged;188 (2) Protection of certain limited communications with members of the public to ensure that the local agency receives the information it needs to make decisions and otherwise func#ion;189 (3) Protection against confusion caused by premature exposure of the public to internal agency discussions before a policy is finalized,it?c- (4) Protection of the integrity of the decision -making process itself by confirming that "officials should be judged by what they decided, not for matters they considered before making up their minds." Iql • Third 'identify the public interest served by disclosure of the record. Courts have emphasized that a primary benefit of disclosing a local 186 Times Mirror Co.. 53 Cal. 3d 1325. 187 Rogers, 19 Cal. App. 4th at 479 (rejecting a predecisional requirement and withholding from disclosure pure facts, that is, telephone numbers caled by staff and City council membersj. 188 Times Mirror Co., 53 Cal. 3d at 1343. 189 ld. at 1344 (disclosure of Governor's schedule and appointment calendar would "chill the flow of information" to the Governor and inhibit the free exchange of ideas in private meetings). 190 California First Amendment Coalition v. Superior Court, 67 Cal, App. 4fh 159, 170 (3 Dist. 1998). 191 id. (infernal quotations and citations omitted). Public Records Act Page 38 © 2019 Richards, Watson & Gershon 2265031 Part Two: Electronic Records agency's records to the public is to promote government accountability. The public and the media have a legitimate need to know whether government officials are performing their duties in a responsible and diligent manner.,2 "Such access permits checks against the arbitrary exercise of official power and secrecy in the political process." 1111� • Fourth balance the two and withhold the record from disclosure only if the identified public interest 'ustifying nondisclosure "clean outwei hs" the ublic interest musfifying disclosure. In balancing the scales, the weight of an identified public interest in disclosure is "proportionate to the gravity of the governmental tasks sought to be illuminated and the directness with which the disclosure will serve to illuminate."14 Because the public interest in nondisclosure must "clearly outweigh" the public interest in disclosure, if the interests are just about equal, the scales tip in favor of disclosure. In California First Amendment Coalition v. Superior Court (Wilson), the plaintiffs sought disclosure of records containing the names and qualifications of applicants for a temporary appointment to a local board of supervisors.195 The Governor's office looked extensively into the applicants' backgrounds to determine whether they were qualified for the position. The court upheld nondisclosure of the records under the deliberative process privilege. It reasoned that if the deliberative process privilege did not apply, the Governor would never be able to perform background checks, which is an essential part of selecting an applicant for a government position.196 In balancing the interests, the court concluded that the public's interest in disclosure of background information revealed in confidence by unsuccessful applicants was not significant and that the public interest in learning about the successful applicant's background would be satisfied after the appointment.19/ The First Amendment Coalition case shows that the deliberative process privilege can apply to communications where the public interest in disclosure of deliberations prior to a decision is not significant and the outcome of those deliberations is a matter of public knowledge. For instance, the public could ultimately learn a council member's views about an item the City council is deliberating by attending the public meeting on the item. In such a case, 197 Times Mirror Co., 53 Cal. 3d at 1345. V93 CBS v. 81ock. 42 Cal. 3d 646, 651 (1986). 194 Citizens fora Better Environment v. Department of Food & Agriculture. 171 Col. App. 3d 704, 715 (3 Dist. 1985). 145 California First Amendment Coalition, 67 Cal. App. 4th at 159. 196Id. of 171-72 (quoting Times Mirror Co.. 53 Cal. 3d 1325. 13451. 191 Id. at 173-74. Public Records Act Page 39 2019 Richards, Watson & Gershon _ 2265031 Part Two: Electronic Records emails discussing preliminary ideas and concepts about the item may be subject to the deliberative process privilege. Another example is provided by Times Mirror Co. v. Superior Court. v13 In that case, the Los Angeles Times sought copies of the governor's appointment calendars and argued that "in a democratic society, the public is entitled to know how [the Governor] performs his duties . . . l°q Disclosure of who the Governor meets with reveals who is influencing his decisions. The Governor argued disclosure of his calendar would reveal his deliberative process, and could discourage certain people from meeting with him. In balancing these interests, the California Supreme Court concluded that nondisclosure was justified, reasoning that "if the public and the Governor were entitled to precisely the same information, neither would likely receive it."20C The court added that the "massive weight" of the request (five years' worth of calendars), outweighed whatever merit there was in favor of disclosure. The court noted, however, that there may be circumstances under which the public interest in specific information is more compelling, and such a specific, focused request might tip the scales in favor of disclosure.201 Courts have emphasized the need for evidence in order to satisfy the local agency's burden of proof. In Citizens for Open Government v, City of Lodi, the City of Lodi withheld from the administrative record emails between City staff and the City's consultants regarding preparation of ❑ revised EIR.202 Citizen groups sued, challenging in part the administrative record. Lodi argued the emails were exempt from disclosure pursuant to the deliberative process privilege because disclosure would hamper "candid dialogue and a testing and challenging of the approaches taken."203 The Court of Appeal disagreed, finding that Lodi had failed to establish the conditions for creating the privilege. Lodi had done nothing more than cite the policy behind the deliberative process privilege without explaining why the facts in this particular case justified invocation of the privilege. However, because the Court of Appeal was deciding the case under the California Environmental Quality Act ("CEQA"), and not the Public Records Act, the Court found there was no prejudice and refused to reverse the lower court's ruling. In comparison, the public entity in Humane Society of the United States v. Superior Court, provided detailed declarations from employees and experts 198 Times Mirror Ca.. 53 Cal. 3d at 1344. 199 fd. 2DO id. at 1345. 201 id. of 1345-1346. 262 Citizens for open Government v. City of Lodi, 205 Cal. App. 4th 296 (3 Dist. 2012) {"Lodi"l. 203 id. at 307. Puboc Records Act Page 40 p 2019 Richards, Watson & Gershon 2265031 Part Two: Electronic Records explaining why disclosing certain research documents would harm the research process.204 The Humane Society sought disclosure of certain records and communications related to the preparation ❑f a study by the University of California involving housing of egg -laying hens, and the University claimed various privileges including deliberative process. The detailed declarations of the research project director submitted by the University seemed to sway the court; the court quoted them at length in the decision.205 One declaration explained how researchers at the University tried new ideas and approaches, frequently brainstorming by email, using shorthand expressions ❑f incomplete thoughts. To be efficient, the researchers did not keep detailed records of how they communicated, and some lines of inquiry that began in email were further discussed and dismissed ❑s part of hallway conversations. Because of that, much of what they said in emails would be easily misinterpreted. Additionally, mistakes along the way are part of the research process. The quality ❑nd quantity of work would be stifled if researchers were aware that their informal communications would be made available broadly. While the Humane Society tried to characterize the declaration as mere speculation, the court credited the declarant as an expert in the field, giving the declaration great weight,206 In balancing the public Interests, the court concluded that disclosure of the emails "would fundamentally impair the academic research process." Given the pervasiveness of email today, the deliberative process privilege seems well -suited to protect predecisional email communications from disclosure. Nevertheless, California courts have approved the use of the deliberative process privilege sparingly, and require local agencies to provide particularized factual evidence in support of its use. Prior t❑ invoking this privilege, if is advisable to consult your legal counsel. (2) Mental Process Principle The Public Records Act exempts from disclosure those records that are exempted or prohibited from disclosure pursuant to federal or state law,20' Under California state common law, a court is prohibited from inquiring into the motives or subjective mental processes of legislators in enacting a particular piece of legislation except as those motives may be disclosed on the face of the legislative acts, or inferred from their operation.2 $ This "mental process 204 Humane society of the United States v. Superior Court (Regents of the University of California, real parties in interest), 214 Cal. App. 4th 1233 (3 Dist. 2013) 2a5 id. at 1241-1244. 2061d. ❑t 1258. 207 Gov't Code § 6254(k). 2a8 Suffer's Place, 161 Cal. App. 41h at 1375_ Public Records Act Page 41 0 2014 Richards, Watson & Gershon 2265031 Part Two; Electronic Records principle" permits a local agency to withhold public records that would reveal the mental processes or subjective motives of its legislative body members when they are acting in a legislative capacity. finlike the deliberative process privilege, which relies on a balancing test,209 records reflecting the "mental processes" of legislators are not subject to a balancing test.,iil Under applicable circumstances, the mental process principle may be used to justify nondisclosure of emails of legislative body members, such as City council members. For example, emails sent or received by a City council member could arguably be withheld under the mental process principle when they: (1) discuss the reason the member voted for or against ❑ particular ordinance, (2) involve the gathering of information on which the member based their legislative decision, or (3) expose the motives for the member's vote on a legislative matter. C. Exception for Notes, Drafts and Interagencyllntra-agency Memoranda The deliberative process privilege may help a local agency keep sensitive emails from public disclosure, but a for more effective tool is to simply have a policy in place to regularly purge intra-agency or interagency emails that are not subject to the local agency's records retention schedule. Under the Public Records Act, "[p]reliminary drafts, notes, or interagency or intro -agency memoranda that are not retained by the public agency in the ordinary course of business" are not subject to disclosure.,1! A written policy of deleting emails more than 120 days old (or some similar duration) would help establish that emails are not retained "in the ordinary course of business." A software modification that automatically deletes older emails would ensure that they are not retained, provided staff is notified of the pending purge and takes steps to retain those emails that, based on their content, must be retained under the local agency's records retention schedule. There are a few caveats, however. First, note that deleting an email is not the end of the story. Popular email programs such as Microsoft Outlook have "deleted items" folders that retain messages for a time after "deletion," in order to give the user an opportunity to "undo" an accidental deletion. If a local agency received a request for an email that had been deleted, but was still on the computer in the "deleted items" folder, it technically would still be in the possession of the agency and may be subject to disclosure. To eliminate this 209 Gov't Code § 6255. 210 See Mimes Mirror Co., 53 Cal. 3d at 1339 fn.9-10 (noting that these records are exempt under the mental process principle through operation of Section 6254(k)). 211 Gov't Code § 6254(a). For a discussion on the conditior•s that must be met to utilize Section 6254(a), see pages 1 1-12 of this Handbook. Public Records Act Page 42 C 2019 Richards. Watson & Gershon 2265031 Part Two: Electronic Records potential issue from arising, an agency must ensure that the deletion becomes final and irreversible. If the agency desires or is required to save a copy of certain emails, then it should print and file such emails, or store them electronically in a location that is not subject to automatic purging. Second, note that the Section 6254(a) exemption is not absolute. The full text of the exemption provides that drafts, notes, and inter/intro-agency memoranda are nondisclosable "provided that the public interest in withholding those records clearly outweighs the public interest in disclosure." Accordingly, even emails "that are not retained by the public agency in the ordinary course of business" may be subject to disclosure, if the records were not deleted prior to receipt of the Public Records Act request, and a reviewing court concludes that the public interest in disclosure is not "clearly outweighed" by fhe interest in nondisclosure. This is a significant hurdle for a public agency to overcome. D. Additional Exemptions that may be Applicable to Email In addition to those described above, there are a number of other exemptions that may be applicable to emails exchanged between employees or officials of a public agency, For example, emails to and from legal counsel may be protected by the evidentiary privileges recognized under Section 6254(k); certain personal' financial data may be exempt under Section 6254(n): and personnel and medical files may be withheld under Section 6254(c). The same care should be used in reviewing responsive emails as any other material that may be subject to disclosure, and Part One, Section IX (What Public Records are Exempt from Disclosure under the Public Records Act?) of this Handbook should be consulted for additional information. Pub0c Records Act Page 43 Q 2019 Richards. Watson & Gershon 2265031 Part Two. Electronic Records E. The Problem with Threads Emails elicit a response. The response typically elicits another response. If multiple people received the message, responses from all of the recipients are common. And, in all of those responses, the original message is typically quoted, either in part or in full, generating a "thread" of messages. The question necessarily arises, when there is a thread of 20 messages, and one of them is responsive to a public records request, must the other 19 messages also be produced? For example, a resident makes a request for all emails discussing the possible construction of a new library and locates the following thread: Only the oldest two messages (sent at 12:00 and 12:05) refer to the study session on the library construction_ The rest of the messages are on a different topic, a topic that may be politically sensitive. Nevertheless, all of the responses to the original message included ❑ copy of the original Messa e From: C1ty Clerk To: Joe Employee, Jane Emplc Manager Date: April 2, 2007 12:05 p.m. subject. RE: Question I think the study session on the new library is next month. It will be at the same meeting as we discuss Council compensation. original Message From: Joe Employee To: Jane Employee, City clerk, city Manager Date: April 2, 2007 12:DO p.m, subject: Question Do you know when the council is going to have a study session on possibly constructing a new library? original message and every message thaf followed it, and so they all contain a reference to the library construction. As a result, it would be difficult to argue that only the 12:00 and 12:05 messages should be disclosed if this is the only copy of the email available. On the other hand, if an earlier version of the email containing only the oldest two messages is available, a local agency could argue that the thread containing all five messages may be withheld. So long as the earlier version of the two responsive emails is disclosed, the email discussing employee compensation is only a duplicate of the oldest two messages. The subsequent messages are not responsive to the request. The Public Records Act does not require disclosure of all duplicates of a responsive record. Keep in mind, however, two important considerations. First, while one appellate court has ruled that non -responsive information may be redacted from emails exchanged between two agency employees, if challenged in court, a public agency will Public Records Act Page 44 © 2019 Richards, Watson & Gershon 2265031 Part Two: Eleclronic Records have to explain in detail the information that was redacted.M Second, in litigation, ❑ different standard may apply and all versions of the email may have to be disclosed. One way to avoid the problem is to configure email so previous messages are not quoted in replies seat by staff. Under the example above, if the local agency did not allow quoted messages in replies, the first two messages mentioning the library construction would be disclosed as "stand-alone" emails, but the later messages regarding compensation would not because they would no longer be integrated into the prior emails. Accordingly, ❑ city should balance its concern in avoiding unwanted disclosures against the usefulness of having an entire thread available, and may wish to consider configuring email programs to eliminate quoting emails in replies. F. Risk of Serial Meetings Beyond the Public Records Act concerns, the use of email presents a significant opportunity for "serial meetings" prohibited by the Brown Act. A serial meeting is a series of meetings or communications not held at a noticed, public meeting in which ideas are exchanged among a majority of a legislative body directly or through intermediaries to "discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body,"213 In the past, the Brown Act specifically forbade the use of technological devices to conduct those communications. In interpreting the prior version of this Brown Act provision, the California Attorney General opined that email is one of these "technological devices."21" The Brown Act provisions regarding serial meetings was amended effective January 1, 2009, and the phrase "technological devices" was removed when the provision was revised. It is unlikely that the legislature, in omitting the phrase "technological devices," intended to exclude email. The primary mechanism for creating serial meetings via email is through the use of "reply all." For example, if a public employee sends an email to an entire City council, and then one of those council members' replies to the entire list of recipients, then a communication would have taken place between a majority of the City council. If the purpose of the council member's reply was to "discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body." the communication would constitute a serial meeting in violation of the Brown Act,215 Accordingly, public officials must endeavor to use "reply all" sparingly, if at all. A "reply all" congratulating a 212 American 00 Liberties Union at Northern California v. Superior Court, 202 Cal. App. 4th 55, 78-87 (1 Dist. 2011 j 213 Gov't Code § 54952.2(bi (1). 214 84 Ops. Gal, Aff y Gen. 30 (2001), 215 Gov't Code § 54952.2(b) (1 ). Public Records Act Page 45 p 2019 Richards, Watson & Gershon 2265031 Part Two: Electronic Records council member for receiving an award would be permissible; a "reply all" expressing an opinion about an issue within the subject matter jurisdiction of the City council would not. G. Disclosure Requirements for Documents at Meetings Although the deliberative process privilege may apply to many emails, note that even that privilege is unlikely to apply if on email concerns an issue under consideration by a legislative body and a majority of the body receive the email. The Brown Act states that notwithstanding the "catch-all" exception in the Public Records Act, "or any other law," any writings distributed to a majority of a legislative body in connection with a matter subject to discussion or consideration at an open meeting of the body are disclosable.216 The statute goes on to clarify that it does not overrule the exceptions for drafts, documents related to pending litigation, personnel files, medical files, and a number of other exceptions, but it does expressly overrule the "catch-all" provision on which the deliberative process privilege is based. Note that Section 6254 f k), under which the mental process principle is applied, is not overruled by the Brown Act, and still would be applicable. Unlike records disclosable under the Public Records Act, which gives public entities ten days to respond to a request and additional time to produce the documents, a public agency must produce documents under this section of the Brown Act "without delay. , In addition, if the email is created by the public agency or a member of the legislative body, it must be made available for inspection at the meeting.y,8 Emails not drafted by the public agency or its legislative body must be made available after the meeting. This is particularly relevant to emails sent to council members on smartphones, Fads and similar devices, given that a council member could potentially send an email to other council members while a meeting is going on. Under this section of the Brown Act, an attentive member of the public could insist that they be provided a copy of that email, at the meeting, if the council member sent it to a majority of the other council members. Accordingly, members of a legislative body should consider carefully the consequences of sending an email via smarfphone, iPad or other device at a public meeting prior to doing sO. The informality of emails makes them particularly prone to statements that would not be put into conventional written documents. The only certain means of 216 Gov't code 154957.5. 217 Gov't Code § 54957.5(aj. 218 Gov't Code § 54957.5(cl_ Public Records Act Page 46 0 2019 Richards. Watson & Gershon 2265031 Port Two: Electronic Records avoiding unwanted disclosure, of course, is simply not to write the email in the first place. II. DOCUMENTS CREATED USING WORD PROCESSORS, GIS AND OTHER SOFTWARE A. Disclosure Requirements (1) Public Records Act Electronic records are subject to disclosure under the Public Records Act pursuant to Section 6253.9 of the Government Code. A public agency that has information constituting a public record in an electronic format must make that information available in electronic form upon requesee2,,, An agency is not required to reconstruct an electronic record if it is no longer available in that format.2x An agency may inform a requester that a requested record is available in electronic format, but the agency is prohibited from adopting a policy of only making information available in electronic format.,)�1 On the other hand, not every piece of data stored on a computer readily fits the definition of "record." Unlike word processing documents, information stored in a database or a spreadsheet, for example, may only be displayed in response to the user's entering a formula or query, For such data, there are special statutory provisions. With conventional (printed) documents, the public agency may only charge for the direct cost of duplication, not including staff time to research, retrieve or compile the records.« For electronic records, however, the agency may charge the full cost of reproducing the document, if the record is one that is produced only at otherwise regularly scheduled intervals, or the request would require data compilation, extraction, or programming to produce the record.223 Many public agencies now possess Geographic Information Systems ("GIS") that allow them to collect, manage and analyze large volumes of geographically referenced information. Whether this electronic information is a public record that is subject to disclosure has been the subject of controversy, mainly because public agencies have charged licensing fees to businesses that wanted a copy. Public agencies have argued that the monies recovered from those licensing fees are necessary to support the development and maintenance of the GIS. 219 Gov't Code § 6253.9(a). 220 Gov't Code § 6253.9(c1. 221 Gov't Code § 6253.9(d), (e). 222 Gov't Code § 6253(b). 223 Gov't Code § 6253.9(b). Public Records Act Page 47 C 2019 Richards, Watson & Gershon 2265031 Part Two: Electronic Records in 2013, the California Supreme Court disagreed with that argument. In Sierra Club v. Superior Court, the Court held that a GIS-formatted database is a public record that, unless otherwise exempt from disclosure, must be produced upon request and the local agency may only charge the actual cost of duplication.224 The County of Orange had argued that its GIS database was not a public record. The court disagreed that Section 6254.9 excluded a GIS database from the Public Records Acts disclosure requirements, and concluded that, because the County had not claimed any exemption to justify nondisclosure, the County of Orange could only charge the direct cost of duplication for its G(S database. Note, however, that the California Supreme Court was careful to distinguish the database from the software - the mapping system itself was exempt from disclosure under another provision in the Public Records Act.225 The statute expressly exempts computer mapping systems, computer programs, and computer graphic systems, and states that nothing in the statute is intended to limit any copyright protections. Accordingly, a requester may not seek to obtain the software that creates the records, only the records themselves.776 The Public Records Act not only exempts computer software as discussed above, but also a public agency's information security record, if that record has the potential to reveal vulnerabilities or otherwise increase the possibility of an attack on that public agency's information technology system.227 However, a bill signed into law in 2015, adding Section 6270.5 to the Public Records Act, requires local agencies (except local educational agencies) to create ❑ catalog of "enterprise systems," that must be publicly available on the local agency's website by July 1, 2016. An enterprise system is defined as a "software application or computer system that collects, stores, exchanges and analyzes information" used by the focal agency as a system of record, and acts either across multiple agency departments, or collects information about the public.228 While Section 6270.5 requires a city to list these enterprise systems as defined, if does not require a city to disclose the information collected, stored, exchanged and analyzed by the software application or computer system if that information is otherwise exempt under the Public Records Act. Further, a number of enterprise systems may be excluded from a local agency's listed catalog, such as systems related to 911 dispatch or emergency services, information technology security systems (including firewalls and other 224 Sierra Club v. Superior Court, 57 Cal. 4th 157 (2013). 225 Gov't Code § 6254.9 ("Computer software developed by a state or local agency is not itself a pubic record under this chapter." j . 226 Sierra Club, 57 Cal. 4th of 170-171; see also Gov't Code § 6254.9(bj. 227 Gov't Cade § 6254,19. 228 Gov't Code § 6270.5(c) (1). Public Records Act Page 48 © 2019 Richards, Watson & Gershon 2265031 Part Two. Efeclronic Records cybersecurity systems) and infrastructure and mechanical control systems (for example, systems that manage water or sewage functions),2`, (2) Federal Rule 26 In 2006, revisions to Rule 26 of the Federal Rules of Civil Procedure took effect that requires parties in federal court to address the production and preservation of electronic records during the discovery phase of litigation. These rule changes do not require a local agency to alter its routine management or storage of electronic information. They do, however, illustrate the importance of having formal written rules for retention of potentially relevant records and data when litigation occurs. It is firmly established that ❑ duty to preserve evidence arises from the moment litigation is "reasonably anticipated.' 23G Once the duty to issue a legal mold is triggered, the party "must suspend its routine document retention destruction policy and put in place a 'litigation hold' to ensure the preservation of relevant documents. "231 Discovery is the process by which parties involved in litigation in either state or federal courts obtain information from other parties. Under Rule 26, parties in a federal lawsuit may obtain discovery regarding any matter that is relevant to a claim or defense, so long as it is not privileged. According to Rule 26(a) what can be discovered includes "documents," "tangible things," and "electronically stored information," which is broadly defined as "any type of information that is stored electronically." The 2006 changes to Rule 26 alter discovery in four major ways: a. Penalties (sanctions) on parties are now limited for electronic information lost in good faith as ❑ result of the routine operation of computer systems, such as purging or overwriting information; b. Parties must address electronic discovery Issues at the beginning of litigation, including the form in which electronic information will be produced to the other party, the preservation of electronic information, and claims of privilege for electronic information; 232 C. Parties must produce relevant information from electronic sources that are "reasonably accessible" but may not have to produce information from older or backup systems if it imposes an undue burden or cost. The requesting party can, however, overcome a showing of undue burden or cost if they can establish "good cause" for doing so; and 229 See pages 123-124 of this Handbook. 230lubuiake v. U85 Warburg, «C, 229 F.R.D. 422, 431 (S.D] N.Y. 2004). 231 1d. at 432, accord In re Napster Inc. Copyrighf Wig_ 462 F. Supp. 2d 1060, 1070 (N.b. Coi, 2006), 232 Fed. R. Civ, P. 26(f)(31(C). Public Records Act Page 49 © 2019 Richards, Watson & Gershon 2265031 Part Two: Electronic Records d. Privileges are retained for documents inadvertently disclosed. Such documents may be recalled by the disclosing party. In such cases, the privilege is not waived. The discovery rule changes d❑ not require a local agency to alter its routine handling of electronically stored information prior to when litigation can reasonably be anticipated. The drafters of the rules recognized that electronic information might be routinely altered, purged or overwritten as part of a system's operation. Under the 2006 revisions to Rule 37(f), the routine purging of outdated electronic information, including the "alteration or overwriting of information... to meet the party's technical and business needs" continues to be permissible, so long as it is done in accordance with other laws, such as the records retention laws in Government Code Sections 34090-34090.8. These sections permit a city, for example, to destroy certain city records that are "no longer required" and are more than two years old if authorized by a City council resolution and the written consent of the City attorney. Records that may not be destroyed include: real property title records, court records, records required to be kept by statute, records less than two years old, and the minutes, ordinances, or resolutions of the legislative body, City board, or commissions. However, once litigation can be reasonably anticipated, a local agency has a duty to preserve potentially relevant information for discovery. In some cases, the local agency may have to suspend the routine operation of its information systems in order to preserve information potentially relevant to the litigation. In such cases, it must act in good faith and not sit idly by while potentially relevant information is purged from its systems; "[t]he good faith requirement of Rule 37(f) means that a party is not permitted to exploit the routine operation of an information system to thwart discovery obligations by allowing that operation to continue in order to destroy specific stored information that it is required to preserve ."-1,3 These rules on document preservation highlight the importance of having a written document retention policy. A written policy will show what operations are routine. This will help protect a local agency from sanctions it litigation occurs and allow its attorneys to discuss its routine computer operations with the court and other parties. Such a policy should set specific limits for how long information is retained and specific procedures for the routine destruction of electronic data. The policy should also address the steps that the agency will take to preserve potentially relevant information when litigation is reasonably anticipated, These policies should be in accordance with Government Code Sections 34090-34090.8 and any other applicable laws governing the preservation of city records. 233 Fed. R. Ov. P. 37{fj Advisory Committee Note. Public Records Act Page 50 © 2019 Richards. Watson & Gershon 2265031 Part Two: Electronic Records The other discovery rule changes further illustrate how a written policy will aid a local agency in Jitigation. When litigation begins in federal court, Rule 26(f) requires the parties' lawyers to confer about "issues relating to disclosure or discovery of electronically stored information." No part of electronic discovery is more important for determining the scope of the preservation obligation than the pre -scheduling conference meet and confer provided under Rule 26(f). Rule 26(f) explicitly directs the parties to discuss the form in which electronic information will be produced, how it will be preserved, and how to address claims that certain information is privileged. The pre -scheduling conference meet and confer can be the single most important factor to reduce costs and burdens of discovery. In order for a local agency's counsel to be prepared to discuss these issues, the rules note that it is "important for counsel to become familiar with those systems before the conference." In some cases, counsel may have to identify and interview individuals with special knowledge of the agency's computer systems. Rule 26(b) requires the parties to identify whether "reasonably accessible" electronic sources can provide all of the relevant, non -privileged, information. Parties will need to distinguish these "reasonably accessible" sources from those that are not "reasonably accessible" because of undue burden or cost. Examples of information that might not be reasonably accessible include: ■ deleted items, ■ fragmented or damaged data, ■ information kept on some back-up tape systems for disaster recovery purposes, and ■ legacy data remaining from systems no longer in use. Linder Rule 26(a), the parties must produce all of the relevant, non -privileged information from the "reasonably accessible" sources within 14 days of the initial conference during the "initial disclosure," a requirement unique to federal court where relevant information is disclosed at the outset of the civil discovery period. Discovery from sources that ❑ party deems not "reasonably accessible" can still occur if the requesting party can show that there is no undue burden or cost or upon a showing of "good cause." Once discovery begins in federal court a local agency must now be prepared to explain how their electronic information systems work, which systems contain information potentially relevant to the litigation, how those systems are accessed, and the costs of accessing archival or older systems. Having a written policy in place will reduce the costs and staff time associated with Public Records Act Page 51 C 2D19 Richards, Watson & Gershon 2265031 Part Two: Electronic Records complying with these discovery rules. It will also aid staff in familiarizing themselves with the operations of the agency's computer data and storage systems as well as any external storage and backup systems, and in explaining these operations to agency counsel and opposing parties. Finally, having a written policy will minimize the likelihood of destroying discoverable materials and thus dramatically reduce the chance that an agency will be hit with discovery sanctions during litigation. Taken together, the changes to the federal discovery rules make it advisable for a local agency to put in writing its procedures for managing electronic information. In light of these rules and obligations and as a first step to forming or maintaining an already -created written policy on electronically stored information, public agencies should review their operating systems to ensure they understand how electronic information is currently stored and retained. In addition, public agencies should examine their data recovery systems and archival data to determine the type of information contained in these systems, and to understand the costs associated with retrieving such data. Agencies should also regularly review their written policies once implemented to ensure that they remain up to date as new technologies and systems replace old ones. (3) The California Civil Discovery Act Contains a Process for Electronic Discovery in State Court In 2009, the California Legislature adopted federal -style procedural rules to permit the discovery of electronically stored information in state court cases pursuant to Assembly Bill ("AB") 5, following the 2006 amendments to the Federal Rules of Civil Procedure.234 Electronically stored information is broadly defined by AB 5235 as any information that is stored in an electronic medium, and includes e- maiis, documents, spreadsheets and any other information stored in computers and other electronic devices.236 These rules make the creation of the above - mentioned written policy on electronically stored information just as applicable to state court litigation as federal court litigation. Similar to the Federal Rules, a safe harbor exists for spoliation caused by "routine, good faith operation of an electronic information system."t17 AB 5 specifically provides that a court shall not impose sanctions on a party for failing to provide electronically stored information that has been lost, damaged, altered or 234 Assembly Bill 5. Stat. 2009. Ch. 5 (amending Cade of Civ, Proc. §§ 2016,020, 2031 .010 through 2031.060, and 2031.210 through 2031.320, and adding Code of Civ, Proc. §§ 1985.8 and 2031.285). 235 See Code of Civ. Proc. §§ 1985.8. 2016.020. and 2031.010 et seq. 236 Code of Civ. Proc. § 2016.020(e). 237 Code of Civ. Proc. § 2031,320(d) . Public Records Act Page 52 C 2019 Richards, Watson & Gershon 2265031 Part Two: Electronic Records overwritten as the result of the routine, good faith operation of an electronic information system._38 Accordingly, public agencies should ensure electronically stored information is retained or deleted only in accordance with the adopted policy. Agencies should thus train employees to make sure the document retention policies are appropriately followed at all times.-3�' Further, as with federal court litigation, once state court litigation is reasonably anticipated, public agencies have a duty to stop automatic destruction processes and preserve potentially relevant electronically stored information in the format in which it currently exists, notwithstanding the normal document retention policy that might otherwise permit destruction. In the event litigation is reasonably anticipated, public agencies should ensure that "litigation holds" are applied to electronically stored information potentially relevant to the litigation, so that it is not deleted, whether intentionally or by automatic computer processes. The retention of information that may be potentially relevant to anticipated litigation should also be a part of the agency's written policy on electronically stored information. In light of a recent California Supreme Court decision outlining the broad scope of discovery, agencies are advised to consult legal counsel in determining the breadth of a litigation hold. Documents and information that the agency believes to be protected under a right to privacy argument should still be preserved, if even potentially relevant to the litigation. In Williams v. Superior Court, the Court stated that "the right to discovery in this state is a broad one, to be construed liberally so that parties may ascertain the strength of their case and at trial the truth may be determined. "240 The Court determined that the defendant in Williams was obligated to disclose the personal information of individuals who may have had no bearing on or relation to the claims asserted by the plaintiff. It further stated that the party opposing discovery has the burden of showing that a privacy right exists that outweighs the potential relevance of the information requested. The same burden applies when the party opposing discovery argues undue hardship. In both instances, the burden is a high one. Agencies should therefore be mindful that they may have to produce a broader scope and larger volume of documents and electronically stored information than was required in prior years, and accordingly should, in consultation with counsel, broaden the scope of their document retention policy and litigation holds. When instituting a legal hold, or responding to discovery requests in litigation, attorneys and clients must work together to understand how and where 238 Code of Cis. Proc. § 2031.060iij (1). 239 Code of Cis. Proc. § 2031,060aiI (2). 210 Wriliams v. Superior Court, 3 Cal. 5th 531, 537 (2017). Public Records Act Page 53 © 2019 Richards, Watson & Gershon 2265031 Part Two: Electronic Records electronic documents, records, and emails are maintained and to determine how best to locate, review, and retain responsive documents. B. Metadata Word processing documents most readily fit the definition of "record," and they also present the greatest potential for inadvertent disclosures. A modern word processing document is comprised of for more than simple words on a page. Microsoft Word documents typically contain information about the author or editor, the author's organization, the time the document was created, modified or accessed, the amount of time spent editing the document, and even what earlier versions of the document looked like. This "metadata," which literally means data about data, is automatically attached to documents by modern word processors. For instance, some metadata appears in Microsoft Word under the "Home" menu, by selecting "Properties." General SurrnarY Statistics Coniarks Custom TVe: (Letter to D.S. - I Author: ! 6emarnn S. Bc4baem manager, Company: City of Whav& Category: Keywords: comments: tlyperllnk base: TefWla6e: Normal Salve preview picture OK Carxel I Although metadata can be useful information, it can also result in unwanted disclosures. For instance, as the dialog box above shows, Microsoft Word automatically inserts the name and company of the author of the document, and there are numerous other fields that can be filled in. If a local agency does not want this sort of information disclosed as a general rule, the word processor should be configured to not record this information. More significantly, many word processors have a "tracked changes" function. When public officials and employees work with multiple drafts of a document, especially when multiple people work on the same document, they frequently make use of a feature that highlights every change made to the document. That way, when ❑ party to a proposed contract wants to delete a provision or insert a line, it is easy for the other party to see the change. It is simple to turn this feature on and off, but it is also simple to turn the display of tracked changes on and off, while still having the word processor keep track of the changes. As a result, it is not uncommon for documents to be transmitted electronically with changes tracked, without the knowledge of the author, If the author deleted a paragraph, the person reviewing the tracked changes could restore that paragraph. The implications become particularly significant if the author had deleted the text because it was deemed inaccurate or sensitive. Public Records Act Page 54 © 2019 Richards, Watson & Gershon 2265031 Port Two: Electronic Records Moreover, recall that drafts are only nondisclosable if it is the public agency's policy to not retain them in the course of business. If a city routinely saves documents with changes tracked, then arguably it has preserved the earlier drafts of the document. This could thwart a city's policy to avoid preserving drafts. Consequently, it should be common practice to remove any tracking from a document upon finalization, or better yet, to not use tracking in the first place. Similarly, most word processors have an "undo" button, which is useful for correcting typos or to recover inadvertently deleted text. Many word processors can "undo" a string of actions, and can even "undo" actions repeatedly until the document is a blank page. If a city official sends that document to someone making a public records request, the individual could click on "undo" repeatedly to see every step that the author took in drafting the document. This presents the same problems as with "tracked changes" - sensitive or inaccurate information that the author meant to delete could be included in the metadata. Accordingly, in using word processors, public agencies should ensure that they are configured to eliminate the "undo" trail when ❑ document is saved. In addition to all of the above strategies, there are several programs available that can remove metadata after ❑ document has been completed, or at the time it is emailed. However, the use of such programs on documents that are subject to a public records request would be of questionable legality. Under the Public Records Act, a request for a public document must include the exact document, and on the face of it, stripping metadata from a document that is requested in electronic form potentially would violate this requirement.2a1 Depending on your document retention schedule, you may be able to strip metadata from some older documents upon archiving them, but deleting metadata from documents that the city is required to retain may violate document retention requirements. If the requester does not expressly ask that the document be provided in electronic format, the statute does not prohibit the agency from supplying it in printed form. Accordingly, a local agency may wish to adopt a policy of providing electronic records in printed form unless a requester expressly asks for an electronic version, and providing records in pdf format when requesters ask for electronic versions. If the requester expressly asks for the original document format, the City attorney should be consulted. It is unclear how the new federal electronic document discovery rules would apply to metadata. Rule 26 does not specifically address metadata, but the 241 See Gov't Code § 6253 (b) ("Upon request. an exact copy shall be provided unless impracticable to do so."); Rosenfhal v. Hansen, 34 Col. App. 3d 754 t3 Dist. 1973J, Pubic Records Act Page 55 C 2019 Richards. Watson & Gershon 2265031 Part Two: Electronic Records comment to the revision mentions metadata and states that "[w]hether this information should be produced may be among the topics discussed in the Rule 26(f) conference." Consequently, there is the potential for the disclosure of metadata in litigation, which further highlights the importance of establishing standard practices for creating and handling metadata. During litigation, it is often advisable to maintain sources of electronically stored information in native formats with metadata, to preserve the ability to produce the data if necessary. Ill. CITY WESSITES With the rapid integration of the internet into American culture, a significant percentage of California cities now provide at least basic information about their government on city -run websites. Posting certain commonly requested information on a web page is a way to reduce the staff time necessary to respond to public records requests. City websites also provide a method to increase public participation in local government, such as more recent requirements for posting of public meeting agendas electronically. However, city website practices may have legal ramifications, and it is advisable for a city to draft and implement a policy on the permitted uses of its website to avoid violating legal restrictions such as those related to mass mailings and use of public funds for "express advocacy," and also to avoid creating a "public forum". A. Websites and the "Mass Mailing" Prohibitions The Political Reform Act prohibits the sending of newsletters and other so-called "mass mailings" at public expense.242 A "mass mailing" is defined as the mailing or distribution at public expense of 200 or more items within a calendar month featuring the name, office, photograph or other reference to an elected officer of the agency.243 The underlying intent is to preclude elected officials from using newsletters as indirect campaign flyers for themselves. In brief, the California Fair Political Practices Commission (the "FPPC") Regulations provide a four -prong test to determine the legality of mass mailings. A mass mailing is prohibited if each of the following elements is present: a. a delivery of a tangible item, b. that "features" or includes reference to, an elected official, C. distributed at public expense regardless of the cost, or produced at public expense where the cost of production exceeds $50.00, 242 Gov't Code § 89001. 243 2 C.C.R. § 18901. Public Records Act Page 56 © 2019 Richards, Watson & Gershon 2265031 Part Two: Electronic Records d. in a quantity of 200 or more.144 On the face of it, the regulation would not apply to web pages, because they would not constitute "a delivery of ❑ tangible item." The FPPC, which interprets the Political Reform Act, has yet to render an official opinion on the applicability of the mass mailing rule to websites. However, severar advice letters issued by the FPPC have concluded that the prohibitions on publicly funded mass mailings contained in Government Code Section 89001 and FPPC Regulation 18901 do not apply to websites or web pages. In 1998, the FPPC responded to an inquiry as to whether a committee, advocating the passage of a bond measure expected to be placed on the ballot by a school board, may obtain a link from a "school district website to a web page" advocating the passage of the bond measure. The FPPC advised that, According to Regulation 18901 (a) (1), a publicly -funded mailing is ❑ prohibited mass mailing if it is delivered as a tangible item to the recipient at his or her residence, place of employment or business, or post office box. Consistent with Regulation 18901, the ban is applicable to tangible items only. Since distribution over the Internet is not a distribution of a tangible item, Internet pages are not prohibited mass mailings under the [Political Reform] Act.)O Even though providing a link to an express advocacy website may not qualify as a "mass mailing," it could violate other laws, as will be discussed below in Section B. A second advice letter similarly concluded that web pages are not covered under the mass mailing prohibitions of the Political Reform Act. That advice letter was issued by the FPPC in 1999 in response to a request for advice by the County of Lake. The inquiry was whether the County could include on its web page photographs and a short biography for each member serving on its board of supervisors.216 The FPPC letter reiterated that FPPC Regulation 18901 did not apply to the actions listed above because "web pages are not considered tangible items" and not subject to Regulation 18901 (a) (1).)4i In 2013, the FPPC again confirmed its conclusion that distribution of information over the Internet, including websites, is not distribution of tangible items. A City attorney requested advice whether the mass mailing provisions prohibit City staff 214 2 C.C.R. § 18901 . 245 Foote Advice Letter, No. A-98-1 14, 1998 WL 289895 (1998) (citation omitted), 246 Peterson Advice Letter, No. A-99-013. 1999 WL 100857 (1999). 247 rd. Public Records Act Page 57 © 2019 Richards, Watson & Gershon 2265031 Part Two. Electronic Records from listing the mayor's bed and breakfast business on the city's websiie along with other places of lodging in the city. The FPPC advised that the mass mailing provision does not prohibit the listing of the mayor's business on the city's websiie because providing information over the Internet is not distribution of a tangible item.248 The FPPC also recommended a review of laws pertaining to use of public resources.249 Given the foregoing, city web pages provide a unique opportunity for elected officials to communicate with their constituents. Council members could each maintain their own page on the websiie, drawing attention to issues of interest to the community. There are, however, some limitations on what the web pages can contain, as discussed below. B. Avoiding Express Advocacy Although websites and web pages are not currently covered under the mass mailing restrictions of FPPC Regulation Section 18901, public agencies must still be mindful of other regulations and laws that might be violated by its decisions to permit links from official websites. For example, the Political Reform Act prohibits the use of public moneys for election campaigns.250 Consequently, a city's web page must not indicate support or approval of, or advocate for, a candidate for elective office. The leading California case setting forth the basic rule with respect to government involvement in political campaigns is Stanson V. Mott.251 In Stanson, the California Supreme Court addressed the question of whether the State Director of Beaches and Parks was authorized to expend public funds in support of certain state bond measures for the enhancement of state and local recreational facilities. The court concluded that the Director of Beaches and Parks lacked such authority and set forth the basic rule that "in the absence of clear and explicit legislative authorization, a public agency may not expend public funds to promote a partisan position in an election campaign."%s Only impartial "informational" communications would be permissible, such as ❑ fair presentation of the facts in response to ❑ citizen's request for information.263 The Stanson Court also recognized that the line between improper "campaign" expenditures and proper "informational" activities is not always clear. "[T]he determination of the propriety or impropriety of the expenditure depends upon 248 Pienk Advice Letter. No. A-13-0) 2 (20131. 249 Id. 250 Gov't Code § 85300. 251 Stanson v. Mott, 17 cal. 3d 206 (1976). 252 Id. at 209-10. 253 Id, at 221. Public Records Act Page 58 C 2019 Richards, Watson & Gershon 2265031 Part Two; Electronic Records a careful consideration of such factors as the style, tenor and timing of the publication; no hard and fast rule governs every case."1'$A The California legislature also codified the holding of Stanson in Government Code Section 54964.255 The Stonson test was recently reaffirmed by the California Supreme Court in Vargas v. City of Salinas.27n Prior to Vargas, courts attempting to interpret and apply Stanson used varying tests to determine the permissibility of expenditures. For example, in California Common Cause v, Duffy, an appellate court held that ❑ local sheriff's use of public facilities and personnel to distribute postcards critical of then -Supreme Court Justice Rose Bird was "political" and not "informational" as permitted by Stanson because the cards presented only one side of Justice Bird's fitness to be retained in office.L57 In another appellate decision, Schroeder v. City Council of Irvine, Irvine's "Vote 2000" Program was upheld.2m The program encouraged voter registration, without specifically advocating a particular position on any measure. Although the City had taken a public position in favor of the proposed ballot measure, the materials it distributed did not advocate any particular vote on the measure and rarely mentioned the measure at all. The Schroeder court held that the funds spent on the Vote 2000 program would be political expenditures and unlawful under Stanson only if the communications expressly advocated, or taken as a whole unambiguously urged, the passage or defeat of the measure.2w Because the City presented a neutral position on "Measure F," at least in the campaign materials, the court upheld the program as valid. However, in Vargas v. City of Salinas, the California Supreme Court decided that "express advocacy" is an insufficient standard. In Vargas, proponents of a local ballot initiative to repeal the City's utility users tax ("Measure 0") sued the City alleging improper government expenditures. The court held that even if a communication does not expressly advocate for either side of an issue, a Stanson analysis must nonetheless be conducted to determine whether the activity was for informational or campaigning purposes based on its style, tenor, and timing.260 Although the court did not specifically refer to the Schroeder analysis in its opinion, the court clearly stated that the "express advocacy" 25A id. at 222 (citations omitted). 2$5 Government Code section 54964 prohibits the expenditure of public funds "to support or oppose the approval or rejection of a ballot measure, or the election or defeat of a candidate, by the voters." The statute does not prohibit expenditures to provide information to the public about the possible effects of a ballot measure on the activities, operations, or policies of the local agency, it the informational activities are not otherwise prohibited by the Constitution or stale law and the information provided constitutes an accurate, Fair, and impartial presentation of relevant Facts to aid the voters in reaching an informed judgment regarding the ballot measure. 256 Vargas V. City of Salinas, 46 Cal. 4th 1 (20091. 257 California Common Cause v. Duffy, 200 Cal. App, 3d 730, 746-747 (4 Dist, 19871. 258 Schroeder v. City Council of Irvine, 97 Col, App. 41h 174 (4 Dist. 20021. 259 rd, at t 87-188. 260 Vargas, 46 Cal. 4th at 1. Public Records Act Page 59 ® 2019 Richards, Watson & Gershon 2265031 Port Two: Electronic Records standard does not meaningfully address potential constitutional problems arising from the use of public funds for campaign activities that were identified in Stanson. Thus, local governments must look to Vargas rather than Schroeder for the proper standard to evaluate whether an expenditure is permissible. A variety of factors led to the Vargas court's conclusion that the communications were informational, including the fact that the publications avoided argumentative or inflammatory rhetoric and did not urge citizens to vote in a particular manner. The challenged expenditures were made pursuant to general appropriations in the City's regular annual budget pertaining to the maintenance of the City's website, the publication of the City's regular quarterly newsletter, and the ordinary provision of information to the public regarding the City's operations. The Supreme Court found that the City engaged in informational rather than campaign activity when it posted on the City's website the minutes of City council meetings relating to the council's action along with reports prepared by various municipal departments and presented by officials at City council meetings.261 Similarly, the City did not engage in campaign activity by producing a one -page document listing the program reductions that the City council voted to implement should Measure D be approved, or in making copies of the document available to the public at the City clerk's office and public libraries.2(,2 The court reasoned that viewed from the perspective of an objective observer, the document clearly constituted an informational statement that merely advised the public of specific plans that the City council voted to implement should Measure ❑ be approved. Finally, the court found that the City engaged in permissible informational activity by mailing to City residents the fall 2002 "City Round -Up" newsletter containing articles describing proposed reductions in City services. Although under some circumstances the mailing of material relating to a ballot measure to a large number of voters shortly before an upcoming election would constitute campaign activity, a number of factors supported the court's conclusion that the mailing of the newsletter constituted informational rather than campaign activity: it was a regular edition of the newsletter that was mailed to all City residents as a general practice, the style and tenor of the publication was entirely consistent with an ordinary municipal newsletter and readily distinguishable from traditional campaign material, and the article provided residents with important information about the tax in an objective and nonpartisan manner. 261 id, at 37. M id. at 37-38 (stating, "not only [did] the document not advocate or recommend how the electorate should vote on the ballot measure, but its style and tenor [was] not at ail comparable to traditional campaign material" j. The fact that the City only made the document available at the City clerk's office and in public libraries to people who sought it out reinforced the document's informational nature. Public Records Act Page 60 0 2019 Richards, Watson & Gershon 2265031 Port Two: Electronic Records The Supreme Court illustrated the insufficiency of the "express advocacy" standard by suggesting that if the City of Salinas were to post billboards throughout the City prior to an election stating, "'IF MEASURE O IS APPROVED, SIX RECREATION CENTERS, THE MUNICIPAL POOL, AND TWO LIBRARIES WILL CLOSE,' it would defy common sense to suggest that the City had not engaged in campaign activity even though such advertisements would not have violated the express advocacy standard."263 Vargas and Stanson reflect that local agencies must exercise caution when communicating to voters about local measures. The some prohibitions on the use of public moneys to support or oppose a ballot measure or a candidate for political office would likely also apply to public agency websites. This is because the time and expense of maintaining a website and adding links to other websites may result in a form of "in kind" contribution from the public agency to the particular candidate or campaign committee. "Professional services, including the creation and maintenance of a website for a candidate, could conceivably result in a contribution from the county to the candidate.%(s4 Public officials must ensure that there is no inclusion of information or links on their websites that contain words of express advocacy or that unambiguously promote or suggest a particular position in a campaign. Public officials must also avoid any actions which, based on their "style, tenor and timing", may lead to a determination that ❑ city website contains impermissible advocacy. Unfortunately, there is no hard and fast rule to assist public officials in distinguishing improper partisan campaign expenditures from permissible expenditures for "informational activities." Whether a communication is permissible will be based on a combination of these factors, and public officials should therefore seek the advice of the City attorney on ❑ case -by -case basis. Assistance may also be obtained from the FPPC. Note also that public officials could potentially face personal liability if a court concluded that they used public funds for a partisan campaign. The Stanson opinion concluded that public officials "may property be held to a higher standard than simply the avoidance of "fraud, corruption or actual malice" in their handling of public funds."265 Instead, public officials must exercise "`due care,' i.e., reasonable diligence, in authorizing the expenditure of public funds, and may be subject to personal liability for improper expenditures made in the absence of such due care."-- If public officials published a web page that conveyed a partisan slant, a court could conclude that the officials failed to exercise this due care. 263 id. at 32. 264 Peterson Advice Lether, No. A-99-013, 1999 wL IODS57 (1999). 265 3tonson, 17 Cal. 3d at 226. 21,61d. at 226-27. Public Records Act Page 61 0 2019 Richards, Watson & Gershon 2265031 Part Two: Electronic Records C. Public Forum in addition to the mass mailing and express advocacy considerations, the existence of city websites also raises the issue of whether a website constitutes a "public forum" in which any member of the public would have a right to post information or links, or engage in debate or discourse. The decisions of public agencies on what sort of content to include on web pages, whether to allow external links to be posted, and what type of links to permit, have the potential to infringe upon rights guaranteed by the First Amendment of the United States Constitution, the California Constitution's "Liberty of Speech Clause," and other legal principles. In relevant part. the First Amendment provides that, "Congress shall make no law ... abridging the freedom of speech."26' Similarly, the "Liberty of Speech Clause" provides that, "A law may not restrain or abridge liberty of speech or press.")sa The United States Supreme Court uses the "public forum" doctrine to evaluate the constitutionality of government regulation of private speech on public property. This doctrine classifies public property according to three categories of public forum status: (i) traditional public forums - areas traditionally used for expressive activity such as streets, sidewalks and parks; (ii) designated public forums - areas dedicated by the government for expressive activity, either generally or for limited purposes; and (iii) nonpublic forums. "Public forum" status directly impacts the degree to which a public agency may regulate private expression on public property. For example, if a public agency's website were deemed a "nonpublic forum," then the agency would have considerable discretion in determining which applications for website links to accept. By contrast, if ❑ public agency's website was deemed a "traditional public forum" or a "designated public forum," then the agency's discretion would be substantially diminished. Two cases addressing whether city websites constitute public forums are discussed below. D. Putnam Pit, Inc. v. City of Cookeville The case of Putnam Pit, Inc. v. City of Cookeville provides an example of how the First Amendment may limit a public agency's authority to control external links on its website. Putnam Pit is a federal case discussing the validity of a �67 [).S. GQNsT. amend I. 268 CAL. CONST. art_ I, § 2(a). Public Records Act Page 62 0 2019 Richards, Watson & Gershon 2265031 Part Two., Electronic Records website link policy under the First Amendment.269 This case involved a free speech claim by a small, free website newspaper publisher, against the City of Cookeville, Tennessee. The case arose from Cookeville's refusal to establish a link from its website to the website of the publisher's on-line newspaper, the "Putnam Pit." The "Putnam Pit" website focused on commentary critical of the City of Cookeville and its officials and staff. At the time that the publisher initially requested and was denied the link, "several for-profif and non-profit entities were linked to the ... [Cookeville] Website, including a focal technical college, two Internet service providers, ❑ law firm, a local computer club, a truck product manufacturer and distributor, and ❑ site with information about Cookeville."2/L' However, prior to the publisher's request, Cookeville "had no stated policy" on who could be linked to the City's website.2.'l Upon learning of the publisher's request, the City manager decided to permit links only "from the Cookeville Website to other sites, which would promote the economic welfare, tourism, and industry of the City."27. Pursuant to this policy, the City manager subsequently denied the publisher's request for a link from the Cookeville website to the "Putnam Pit" website and then removed several links to other websites from the Cookeville website.27; The Sixth Circuit Court of Appeals ruled that based on the facts presented, the City's website was a nonpublic forum under the First Amendment, and that the City could impose reasonable restrictions but could not engage in viewpoint discrimination.274 The court also ruled the publisher was entitled to a trial regarding whether Cookeville discriminated against him based upon viewpoint when the City manager denied him a link on the website. Facts that could potentially constitute viewpoint discrimination included statements by the City manager that he thought the "Putnam Pit" consisted only of the publisher's "opinions." "which he didn't care for" and actions by the City manager who indicated to the publisher that he would not be permitted a link even if the "Putnam Pit" were a non-profit entity. 7� 269 Putnam Pit, tnc. v. City of Cookeviiiie, 221 F.3d 834 (6th Cir. 2000). 270 td. at 841. 271 Id, 272 Id. 273 Id. 274Id- at 843-845. 275 The court further concluded that, "[t]he City's actions, some of which appear to be tied to the City's interests, and others which appear less clearly relevant to the purpose of the City's Website, lead us to REVERSE the district court's grant of summary judgment because [the publisher] has raised a material issue of fact regarding whether the City discriminated against him and his Website based upon viewpoint." Putnam Pit, Inc., 221 F.3d at 846. Public Records Act Page 63 © 2019 Richards, Watson & Gershon 2265031 Part Two: Electronic Records E. Vargas v. City of Salinas In Vargas v. City of Salinas, the California Supreme Court also considered whether ❑ city website constituted a public forum.276 In Vargas, City residents placed an initiative on the ballot to repeal the City's long-standing utility users tax. The City staff prepared a series of reports addressing the impact the loss of the tax would have on the City's budget, including the reduction and elimination of services and programs, and posted those reports on the City's web page. The initiative supporters contended that they had a right to provide their own information on the web page, which the City rejected. The Supreme Court concluded that the City's web page was not a public forum because the City had not opened its website to permit others to post material of their choice.277 F. Public Forum Analysis The Putnam Pit and Vargas courts applied the public forum analysis of the First Amendment to the City's action with respect to the website, treating the website as analogous to physical public property. As previously mentioned, the United States Supreme Court has established that, for such analyses, the extent of permissible government restrictions on expressive activity are governed by whether the activity occurs in (i) ❑ traditional public forum; (ii) a designated public forum: or (iii) a nonpublic forum.278 ( 1) Traditional public forum Traditional public forums are "places which by long tradition or by government fiat have been devoted to assembly and debate." Typically such places have included public streets, sidewalks and p❑rks.27 Government regulations that restrict the "content" of expressive activity in such forums "must withstand strict scrutiny."78;, This means that if the government wishes to restrict expressive activity based on content, such restrictions must serve ❑ "compelling state interest" and must be "narrowly tailored" to serve that interest. However, if the government imposes content -neutral restrictions on the "time, place and manner" of expressive activity in public forums, then such restrictions must serve a "significant public interest." must be "narrowly tailored" to that interest and must leave open "alternative avenues of communication."281 276 Vargas, 46 Cal. 4th at 1. 27 Id. at 37, n.18. 278 Perry Ed. Ass'n v. Perry Local Ed. Assn. 460 U-S, 37 (1983). 279 Putnom Pit, inc.. 221 F.3d at 842 (citing Perry, 460 U.S. a 45), 2801d, at 843, 281 Id. (citing Perry, 460 U.S. at 45). Public Records Act Page 64 0 2019 Richards, Watson & Gershon 2265031 Part Two: Electronic Records (2) Designated public forum The Supreme Court has held that "[i)n ❑ designated public forum, the government intentionally opens a nontraditional public forum for public discourse.'" 282 An example of a designated public forum is the public comment session at a City council meeting. In ❑ designated public forum, the government may restrict the content of the expressive activity to that which is within the scope of the public forum. For example, in the case of a City council meeting, the government may restrict speech to only permit discussion of city business.283 Once the government opens ❑ nontraditional public forum to a class of persons, the restrictions applicable to those to whom the forum is opened must also withstand strict scrutiny. Thus, as in the case of public forums, regulations governing designated speakers in designated public forums must serve a "compelling state interest" and must be "narrowly tailored" to serve that interest.n, Accordingly, it is important for a city to avoid creating a designated public forum on its website so as not to establish rights where none previously existed, or at least to have a clear policy on who may post on the city's website. (3) Nonpublic forum Nonpublic forums are those places that are not typically used for public debate or the free exchange of ideas. Accordingly, "the First Amendment does not forbid a viewpoint -neutral exclusion of speakers who would disrupt a nonpublic forum and hinder its effectiveness for its infended purpose.",'ai Examples of nonpublic forums include highway rest areas and advertising on a municipal bus.296 In a nonpublic forum government may prohibit speech or expressive activity, so long as such restrictions are reasonable in light of the government's interest and do not attempt to suppress the speaker's activity based on disagreement with the speaker's views.282 (4) Public entity websites as nonpublic forums The Sixth Circuit Court of Appeals in Putnam Pit concluded that the City of Cookeville's website was a "nonpublic" forum under the First Amendment because the website was not open to the public, and before and after the City 282 id. {citing Comelius v. NAACP Legal Defense & Educ. Fund. Inc., 473 U.S. 788, 802 (19851 J . 283 See White v. City of Norwalk-, 900 F.2d 1421, 1425 (9th Cir. 1990) (concluding that City councils have authority to limit speech through the imposition of agendas and rules of order and decorum). 284 Perry 460 U.S. at 46. 285 Putnam Pit, 221 F.3d at 845 (citng Cornelius, 473 U.S. at 81 I). 286 Jacobson v. Bonine, 123 F.3d 1272 (9th Cir. 19971; Children of the Rosary v. City of Phoenix, 154 F.3d 972 (9th Cir. 1998), 287 Perry, 460 U.S. at 46. Public Records Act Page 65 C 2019 Richards. Watson & Gershon 2265031 Part two. Electronic Records adopted a website link policy, links had been established on an individualized basis.2m This determination is significant because a government entity, as previously discussed, has more discretion to regulate public expression in a nonpublic forum than it does in a "traditional public forum" (such as a park) or in a "designated public forum" (a place expressly opened for free speech by the public). The court also emphasized that the City had legitimate interests "in keeping links that are consistent with the purpose of the site ---providing information about City services, attractions and officials."2&1 Despite the fact that the court in Putnam Pit determined that the City's website was a nonpublic forum, giving the City broad discretion to limit access to its website links, the court stated that the City could not deny links "solely based on the controversial views" the publisher espouses. v(� The court concluded that the City's "requirement that websites eligible to be linked to the City's site promote the City's tourism, industry and economic welfare gives broad discretion to City officials, raising the possibility of discriminatory application of the policy based on viewpoint."z91 Accordingly, the court remanded the case to the district court for further proceedings on the issue of whether the City improperly exercised its authority to restrict access to links on its website in a discriminatory manner in violation of the publisher's First Amendment rights. The Vargas court also concluded that the City's website was a nonpublic forum, and the City could exclude the initiative proponents from posting information on the site..N,� In contrast to Putnam Pit, in Vargas the City did not permit access to the web page by either proponents or opponents of the ballot in1tiative.z9,f Limiting use of a city website only to city -related activities may result in a court finding that the public forum analysis is not appropriate under the facts, and that the issue should be evaluated instead under the doctrine of governmental speech.214 The U.S. Supreme Court has ruled that the Free Speech clause does not apply to government speech, because the Free Speech Clause restricts government regulation of private speech and does not regulate government speech.795 Under the government speech doctrine, the government has the right to speak for itself and a government entity may exercise this same freedom 280 Putnam Pit, 1nc., 221 F.3d at 844, 289 Id. at 845. 290 Id, 291 id. at 845-46 (citations arnitted;. 292 Vargas, 46 Cal. 4th of 37 n.18. 293 See id. 294 Pleasant Grove City v. 5ummurn, 555 U.S. 460, 467 (2004) 295 Id Public Records Act Page 66 0 2019 Richards, Watson & Gershon 2265031 Part Two: Electronic Records to express its views when it receives assistance from private sources for the purpose of delivering a government -controlled message.241, In Sutliffe v. Epping School District, an advocacy group challenged the Town of Epping after the town refused to include the group's hyperlink on the town's website.29, The group wanted to present opinions countering the town's budget proposals regarding town and school activities. The group contended its hyperlink should have been allowed because the town had included a hyperlink to ❑ one -day event put on by "SUE", which was part of a state university -sponsored program and was to be held among town residents to foster community spirit, civic discourse, and the organization of community - defined projects and action groups. By unwritten practice, the town had previously allowed only hyperlinks that would promote providing information about the town, and did not permit links that were political or advocated for certain candidates. A written policy established after the group's request limited hyperlinks to those for governmental agencies or events and programs coordinated or sponsored by the town. The federal appeals court ruled in SUtliffe that a government entity has the right to express ifself on means of communication that the government owned. The town engaged in government speech because the town created the website and selected which hyperlinks to place on its website to convey information about the town to its citizens and the outside world and, by choosing only certain hyperlinks to place on that website, communicated an important message about itself.29s Hyperlinks were added only with approval by the Board of Selectmen. The court also rejected the group's claim that the town engaged in viewpoint discrimination, because the SUE event was a town -sponsored and financially -supported event, and nonpartisan.299 The court also concluded that a public forum analysis did not apply under the facts, because the town's website is not ❑ traditional public forum, and the website was not a designated public forum because there was no evidence that the town intentionally opened a nontraditional public forum for public discourse.300 Accordingly, in drafting and administering website link policies, a public agency should be mindful that "nonpublic forum status 'does not mean that the government can restrict speech in whatever way it likes'."30; A public agency may not deny requests to post information and links simply because they do not agree with a requesting party's views or the views espoused on the requesting 2961d. at 468. 297 Sufliffe v. Epping School District, 584 F.3d 314 {1 st Cir, 2009]. 2981d. at 331. 299 Id. at 331-332. WO id. at 333-334. 301 Putnam Pit inc., 221 F.3d at 846 {citations amittedj. Pub4c Records Act Page 67 © 2019 Richards, Watson & Gershon 2265031 Port Two: Electronic Records party's website, but an across-the-board policy that does not discriminate on the basis of viewpoint should withstand judicial scrutiny. Reserving the website only for the public agency's activities and purposes may also help the public agency demonstrate that it is engaging in government speech, and has not created a public forum. G. Chat Rooms and Forums Note that the conclusion would have likely been different in Vargas if the website had contained a chat room. The term "chat room" generally refers to an area of a website that allows for a real-time interactive discussion between whoever wishes to participate, with every participant seeing what every other participant types in. Chat rooms allow visitors to access web pages to state their views on a topic of discussion, and in unmoderated chat rooms, to say anything about any subject. In Vargas, the California Supreme Court did not address chat rooms. However, in the prior appellate court decision, which was superseded on other grounds by the California Supreme Court, the appellate court had little trouble concluding that a chat room on ❑ city web page would constitute a public forum: As noted above, "electronic communication media may constitute public forums. Websites that are accessible free of charge to any member of the public where members of the public may read the views and information posted, and post their own opinions, meet the definition of a public forum . . . .11 mY2 Ampex Corp. v. Cargle and ComputerXpress, Inc. v. Jackson, were "anti-SLAPP" motions brought by defendants in defamation and libel actions, which are motions to strike ❑ "strategic lawsuit against public participation." In order to have a viable anti-SLAPP motion, the statements at issue must be made in a public forum, and both opinions concluded that chat rooms on the websites were public forums. The federal courts increasingly hold that chat rooms and other forms of social media may constitute public forums. In 2017, the U.S. Supreme Court described cyberspace, and social media, as follows: "While in the past there may have been difficulty in identifying the most important places (in a spatial sense) for the exchange of views, today the answer is clear. It is cyberspace —the 'vast democratic forums of the Internet' in general, [citation omitted] , and social media in particular."303 302 Vargas v. City of Salinas, 37 Col. Rptr. 3d 506. 527 12005� (citing Ampex Corp. v. Cargle, 128 Cal, App, 4th 1569, 1576 I1 Dist. 20051, CompuferXpress, lnc. v. Jackson, 93 Cal. App, 4th 993, 1006-07 (4 Dist. 2001)], 303 5ee Pockinghom v. North CoroUna_ 137 S. Ct. 1730, 1735-36 (2017) (Su preme Court ruled that a North Carofna statute prohibiting sex offenders from accessing social networking websites violated the First Amendment because even Public Records Act Page 68 0 2019 Richards, Watson & Gershon 2265031 Part Two Electronic Records In a 2019 decision, Davison v. Randall, the Fourth Circuit Court of Appeals ruled that a Facebook page set up by the chair of the county board of supervisors was a public forum and that the chair violated a resident's First Amendment rights by engaging in viewpoint discrimination because the resident was banned from the comment section of the Facebook page for 12 hours due to his past criticism of public school offlClalS.30A As reflected in the circuit court's recitation of the facts, the day before Phyllis Randall was sworn in as chair of the county board of supervisors, she set up a Facebook page entitled the "Chair Phyllis J. Randall" Facebook Page (the "Chair's Facebook Page"), which she designated as a "governmental official" page.305 She expressly invited "ANY Loudoun citizen" to make posts to the comments section on the interactive component of the Chair's Facebook Page, with respect to "ANY issues, request, criticism, complement or just your thoughts. "366 The public made numerous posts on matters of public concern.307 The Fourth Circuit concluded that Randall placed no restrictions on the public's access to the Chair's Facebook page or the public's use of the interactive component of the Chair's Facebook Page.3o8 The court ruled that the Chair's Facebook page was ❑ public forum because she opened the page to unlimited public discourse, and that the Facebook page was compatible with expressive activity.3og The court emphasized that "An 'exchange of views' is precisely what Randall sought —and what in fact transpired...."310 A similar conclusion would likely result when evaluating a "forum" or "message board" on a city web page, which are similar to chat rooms but do not occur in real-time; instead, people post messages one at a time that are typically grouped by topic and preserved on the web page in chronological order, for anyone to read. As their names suggests, a "forum" or "message board" on a city web page would potentially constitute a "public forum." assuming that the statute was content neutral, the statute could not survive intermediate scrutiny because it was not narrowly tailored to serve a significant governmental 'in terestJ. 304 Davison v. Randall, 912 F. 3d 666 (4th Dist. 2019), 3051d., at 673. 3061d., at 673, 682. 307 id. at 681. 309ld., at 682. 3a9 Id., at 682 . 310 id. See also Knight First Amendment institute v. Trump, 302 F. Supp. 3d 541 (S.D.N.Y. 20181, appeal filed 615118 (2nd Cir.) [district court held that President Trump's Twitter account constituted a public Forum, because the President and the White House Social Media Director used the Twitter account For governmental Functions]. See also One Wisconsin Now v. Kremer, 2019 WL 266292 (W.D. Wis. 2019) (district court ruled that the interactive portions of several state legislators' Twitter accounts constituted "designated public Forums" under the First Amendment because the legislators created and operated their Twitter accounts in order to communicate with members of the public about news and information related to their roles as public officials and did not limit access to their accounts by general public; and the legislators violated the First Amendment by blocking a nonprofit liberal advocacy group From the interactive portion of the legislators' Twitter accounIsI- Public Records Act Page 69 0 2019 Richards, Watson & Gershon 2265031 Part Two: Electronic Records H. Accessibility Requirements One other concern in designing a local agency's website is whether if is accessible to individuals with disabilities. Under the Americans with Disabilities Act (the "ADA"), local governments must ensure that they provide qualified individuals with disabilities equal access to their programs and services, including by making reasonable modifications to rules, policies or practices, removing architectural, communication or transportation barriers, or providing auxiliary aids or services, unless doing so would fundamentally alter the nature of their programs or services or would impose an undue burden.311 Local governments must take appropriate steps to ensure that their communications with applicants, participants, members of the public and companions are as effective as communications with others, and furnish appropriate auxiliary aids and services where necessary to afford individuals with disabilities an equal opportunity to participate in and enjoy the benefits of a government service, program or activity.31) Based on these requirements, local agency websites must be designed to be accessible to individuals with disabilities.313 In designing and maintaining an agency's web page to ensure compliance with First Amendment and Brown Act requirements, an agency should make sure it is designed for accessibility as well. In 2010, the U.S. Department of Justice issued advance notices of proposed rulemaking to consider revising the regulations of Title II of the ADA to establish federal technical requirements to make accessible the services, programs or activities offered by state and local governments to the public by website5,314 but in late 2017 withdrew those rulemaking acfions.31y Even without specific technical standards applicable to local governments, there are a number of regulations and guidelines that may be used to design accessible public websites. These include: • The Federal Information and Communications Technology (ICT) Final Standards and Guidelines, set forth at 36 C.F.R. parts 1 193 and 1 194;316 and 311 42 U.S.C. § 12131 et seq. 312 28 C.F.R. 35.160Ia) and (b) (1 �. 313 See U.S. Dep' l of Justice. Accessibility of State and Local Government Websltes to People with Disabilities (available at http://www.ado.gov/websites2.htm or httpsa//www.oda.govlwebsites2 ❑rnt.adf: U.S. Dep't of Justice, ADA Best Practices Tool Kit for State and Local Governments, Chapter 5, "Website Accessibility Under Title II of the ADA" (available at httos://www.a!jq.clov/pcoloolkit/choo5toolkit-ht or htt www.cida.aov/r)ccitoolkitich3 tgakLf}- See Borden v. City of Sacramento, 292 F.3d 1073, 1076-1077 (9th Cir. 20021 (holding that the ADA must be construed broadly to apply to normal functions of a municipal entity in order to effectively implement the ADA's fundamental purpose of providing a clear and comprehensive notional mandate for the elimination of discriminotion against individuals with disabififiesj. 314 See 75 Fed. Reg. 43460 (July 26. 2010) and 81 FR 28658 (May 9. 20161. 315 82 Fed, Reg. 60932 (December 26, 20171. 316 82 Fed. Reg. 5790-01 (1118117), 2017 WL 168818, as amended 83 Fed. Reg. 2912 (1 /22/ 181, 2018 WL 488398. These federal regulations were enacted pursuant to Section 508 of the Workforce Rehabilitation Act of 1973, as amended Public Records Act Page 70 © 2019 Richards, Watson & Gershon 2265031 Part Two: Electronic Records • The World Wide Web Consortium (W3C) Web Content Accessibility Guidelines.31, While these sources do not expressly apply to city websites, they provide various methods of ensuring that a web page is accessible, including providing text equivalents for graphics, ensuring that information conveyed with color is also available without color, and using high contrast color choices. Many state and local agencies have incorporated the federal requirements into the design of their information technology systems, including their websites.31� In addition, other federal laws may impose accessibility requirements on local government websites, depending on the circumstances. For example, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability by federal agencies and recipients of federal assistance, and consequently recipients of federal funds may need to meet federal accessibility requirements.31g Providing accommodations for persons with disabilities to use public websites is not particularly onerous; in fact, the Department of Justice has stated that "implementing accessibility features is not difficult and will seldom change the layout or appearance of web pages."320 IV. CONCLUSIONS The law related to electronic documents continues to evolve as computer technology advances and public officials respond and adapt to those advances. The advent of email, text messages and other forms of social media has expanded the opportunities for collaboration greatly, but has simultaneously expanded the potential for inadvertent Brown Act violations, as well as unwanted disclosure of preliminary or sensitive information when emails and text messages must be disclosed in response to a Public Records Act request. When using email, public officials should refrain from using "reply all" to avoid serial meetings, and should be aware of the disclosure requirements of the Brown Act for documents related to Items discussed at a public meeting. Public officials 129 U.S.C. § 794d1. and the Telecommunications Act of 1996 (47 U.S.C. §§ 153 and 255). section 508 requires programs and activities funded by federal agencies to be accessible to people with disabilities, including federal employees and members of the public, and covers ICT developed, procured, maintained, or used by federal agencies. The Telecommunications Act requires in part that telecommunications products and services be accessible to people with disabilities. 317 Available at httn1lwww.w3.ora1. The revised Section 508 standards contained in the federal regulations are based on WCAG 2.0 developed by the World Wide Web Consortium (W3C) . 318 In California, state websites must meet both the web accessibility standards in California Government Code § 1 i 135, which adopted the Section 508 standards and the Priority 1 and 2 level checkpoints of the Web Content Accessibility Guidelines 2.0 (WCAG 2.0 "AA" Conformance Level) developed by the World Wide Web Consortium (W3C). 319 29 U.S.C. § 794. 320 U.S. Dept of Justice, Accessibility of State and Local Government Websites to People with Disabilities, http:Zlwww.ada.gov/websites2.htm. Public Records Act Page 71 © 2019 Richards, Watson & Gershon 226503) Part Two: Electronic Records should also be sensitive to the risk that the Public Records Act may require disclosure of emails or text messages in which they discuss public business, and not treat them as casual conversation. While the deliberative process privilege may apply to protect some such emails or text messages, the doctrine has been applied sparingly by California courts. A clear policy regarding the deletion of emails and text messages will also help to reduce unwanted exposure, although an agency must be able to suspend its usual deletion procedures to preserve electronic records potentially relevant to state or federal litigation. Although federal and state laws continue to develop, electronic documents and information other than emails (for example, posts on social media websites, such as Facebook321 or Twitter,32= that are deemed to be a public forum or otherwise relate to an agency's public business) may be subject to disclosure under the California Public Records Act, California discovery rules, and Federal Rules of Civil Procedure 26(a). An agency must make electronic records available in an electronic format if requested in response to a Public Records Act request. An agency may also have to disclose electronic records in litigation and even metadata may be discoverable. Thus, it is important to avoid the automatic creation of metadata, to the extent possible. Public officials should also consult with their information technology departments to ensure that metadata is not inadvertently inserted into electronic records when they are created. With respect to websites, caution must be taken to ensure a public agency's website does not indicate support or approval of, or promote or advocate for, a candidate for elective office. Likewise, a public agency website cannot be used to advocate for or against an initiative election. In addition to avoiding express advocacy that unambiguously suggests a particular position in a campaign, public officials must also avoid any actions which, based on their "style, tenor and timing", may lead to ❑ determination that a public agency website contains impermissible advocacy. The content of a website link policy, and the manner in which such a policy is implemented, are critical in a public agency's ability to regulate the information and links that will be permitted on its website. It is important that a public 321 See discussion in Part III(G), above, regarding Davison v. Randall, 912 F.3d 666 (county official's Facebook page deemed a public form). See also German v. Eudaly, 2018 WL 3212020 (D. Ore. 2018) [on facts presented, judge ruled that ❑ city commissioner did not violate a public activist's right to petition the government when the commissioner blocked the activist from seeing the commissioner's nonofficial Facebook page and denied a public records request to see the Facebook page, but granted the activist leave to amend her complaint to show that the commissioner acted in her official capacity when using her nonofficial Facebook page]. 322 see discussion in Part III(G), fn. 310, above, regarding Knight First Amendment instifufe v. Trump, 302 F. Supp. 3d 541 (S.D.N.Y. 2018) (President Tramp's Twitter account constituted a public forum, because the President and the White House Social Media Director used the Twitter account far governmental functions]: and one Wsconsin Now v. Kremer, 2019 WL 266292 (interactive portions of state legislators' Twitter accounts constituted a designated public forum under the First Amend men tj. Public Records Act Page 72 ® 2019 Richards, Watson & Gershon 2265031 Port Two: Electronic Records agency does not arbitrarily discriminate in denying requests for website links. The establishment and adherence to a specific written policy regarding website links would likely assist a public agency in avoiding the litigation challenges faced by the City of Cookeville in the Putnam Pit case, and should assist generally in avoiding violations of the First Amendment. A uniform policy, such as that upheld in the Vargas opinion, may serve as a viable defense to such challenges. We have several recommendafions for drafting website policies. First, the website link policy should contain a "statement of purpose" indicating that neither the public agency's website nor its links list are "forums" for expressive activity by the public. The following is our suggested language for that portion of the policy, for the hypothetical City of Anytown: This policy governs the establishment of external links on the City of Anytown's official website. For purposes of this policy, an `external link' is ❑ hyperlink from the City of Anytown's website to a website maintained by another party. Neither the City of Anytown's website nor the external links listed on such website constitute a forum for expressive activity by members of the public. Rather, the purpose of the City of Anytown's website and the external links list is to provide information about officials, services and attractions related to City of Anytown. This policy is declaratory of the City of Anytown's existing administrative practice regarding the establishment of external links on its website. Second, the website link policy should specifically designate the types of organizations that are eligible to have a link established to their website. We think eligibility may be limited to non-profit entities (as Cookeville chose to do), but it does not have to be so restricted. We also recommend that the website specifically exclude links to sites that have as their purpose the election or defeat of specific candidates or the passage or defeat ❑f specific ballot measures, regardless of political position. In our opinion, implementation of these suggestions will strengthen a public agency's position if it ever becomes necessary to defend a decision to deny a request for a link from a public agency's website. Finally, the agency should ensure that its web page complies with the accessibility requirements of the AAA, such as providing text equivalents for graphics, ensuring that information conveyed with color is also available without color, and using high contrast color choices. Public Records Act Page 73 © 2019 Richards, Watson & Gershon 2265031 PART THREE. THE CALIFORNIA PUBLIC RECORDS ACT Article 1 - General Provisions California Government Code Sections 6250-6270.5 Article 2 - Other Exemptions from Disclosure California Government Code Sections 6275-6276.48 Public Records Act Page 7a ® 2019 Richards, Watson & Gershon 2265031 Part Three; The California Public Records Act The California Public Records Act ARTICLE 1 — GENERAL PROVISIONS CALIFORNIA GOVERNMENT CODE SECTIONS 6250-6270 Section 6250. Legislative findings and declarations In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to i