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HomeMy WebLinkAbout01102023 CC AgendaIn 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 11]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JANUARY 10, 2023 - 6:00 PM CALL TO ORDER: Mayor Zak Schwank INVOCATION: Imam Abdul Samad Motie of the Islamic Center of Temecula Valley FLAG SALUTE: Mayor Pro Tempore James "Stew" Stewart ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart PRESENTATIONS Presentation of Certificates of Recognition for State D 1 XC Championship to Great Oak High School Cross -Country Team Presentation of Proclamation for National Human Trafficking Prevention Month to Riverside County Sheriff s Department BOARD / COMMISSION REPORTS Community Services Commission PUBLIC SAFETY REPORT Riverside County Sheriffs Department PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. Page 1 City Council Agenda January 10, 2023 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. 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. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 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 Action Minutes of December 13, 2022 Recommendation: That the City Council approve the action minutes of December 13, 2022. Attachments: Action Minutes 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Attachments: Agenda Report Resolution List of Demands 4. Adopt Ordinance 2022-14 Approving Second Amendment to the Development Agreement By and Between the City of Temecula and Lennar Homes, Inc., a California Corporation and Page 2 City Council Agenda January 10, 2023 5. 6. 7. Winchester Hills I LLC, a California Limited Liability Company (Planning Application No. PA21-0128) (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2022-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PLANNING APPLICATION NO. PA21-0128) Attachments: Agenda Report Ordinance Exhibit A Receive and File Citvwide Year -End Retort Hiahliahtina 2022 Accomplishments Recommendation: That the City Council receive and file the citywide year-end report highlighting 2022 accomplishments. Attachments: Agenda Report 2022 Year -End Report Approve Annual Boards and Commissions Handbook for Calendar Year 2023 Recommendation: That the City Council approve the annual Boards and Commissions Handbook for calendar year 2023. Attachments: Agenda Report Boards and Commissions Handbook Approve Annual Citywide Records Retention Schedule and Records Destruction for Calendar VPar 7n7' Recommendation: 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 Page 3 City Council Agenda January 10, 2023 Attachments: Agenda Report Resolution Exhibit A 8. Approve Aereement for the Communitv Wildfire Protection Program (LR21-1331 Recommendation: That the City Council approve the agreement with SWCA Incorporated dba SWCA Environmental Consultants for the Community Wildfire Protection Program in the amount of $296,026 and approve an appropriation and corresponding grant reimbursement revenue of $378,000 from CalFire to establish the Community Wildfire Protection Plan Capital Improvement Project. Attachments: Agenda Report Agreement CIP Budget Sheet 9. Issue Public Report Pursuant to Government Code Section 65858(d) Regarding Interim Urgency Ordinance No. 2022-03 Establishing Regulations Related to Urban Lot Splits and Housing Units Built in Accordance with Senate Bill 9 Recommendation: That the City Council issue this report pursuant to Government Code Section 65858(d) regarding Interim Urgency Ordinance No. 2022-03 establishing regulations related to urban lot splits and housing units built in accordance with Senate Bill 9 (SB 9). Attachments: Agenda Report 10. Award a Construction Contract to Flatiron West, Inc. for the I-15 / French Valley Parkway Improvements - Phase II, PW 16-01 Recommendation: That the City Council: 1. Award a construction contract to Flatiron West, Inc., in the amount of $71,521,192, for the I-15 / French Valley Parkway Improvements - Phase 11, PW16-01; and 2. Authorize the City Manager to approve contract change orders up to 10% of the contract amount, $7,152,119.20; and 3. Make a finding that the I-15 / French Valley Parkway Improvements project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Attachments: Agenda Report Contract Project CIP Budget Sheets Page 4 City Council Agenda January 10, 2023 11. Accept Improvements and File the Notice of Completion for the Library Parking - Phase II, PW 13-09 Recommendation: That the City Council: 1. Accept the construction of the Library Parking - Phase II, PW 13-09, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion and release the performance bond; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. Attachments: Agenda Report Notice of Completion Project Description Project Location Contractor's Affidavit and Final Release 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/OR THE TEMECULA PUBLIC FINANCING AUTHORITY Page 5 City Council Agenda January 10, 2023 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President James Stewart ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart CSD PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 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 Community Services District request specific items be removed from the Consent Calendar for separate action. 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. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 12. Approve Action Minutes of December 13, 2022 Recommendation: That the Board of Directors approve the action minutes of December 13, 2022. Attachments: Action Minutes CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS Page 6 City Council Agenda January 10, 2023 CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, January 24, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 7 City Council Agenda January 10, 2023 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CALL TO ORDER: Chair Zak Schwank ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart SARDA PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 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. 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. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 13. Approve Action Minutes of December 13, 2022 Recommendation: That the Board of Directors approve the action minutes of December 13, 2022. Attachments: Action Minutes SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS Page 8 City Council Agenda January 10, 2023 SARDA ADJOURNMENT The next regular meeting of the Successor Agency to the Redevelopment Agency will be held on Tuesday, January 24, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 9 City Council Agenda January 10, 2023 TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING RECONVENE TEMECULA CITY COUNCIL BUSINESS Any member of the public may address the City Council on items that appear on the Business portion of the agenda. Each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 14. Approve the Public Recognition Policy and Annual Proclamation List Recommendation: That the City Council approve the public recognition policy and annual proclamation list. Attachments: Agenda Report Public Recognitions Policy Annual Proclamations List 15. Approve Annual Legislative Platform for Calendar Year 2023 Recommendation: That the City Council approve the annual legislative platform for calendar year 2023. Attachments: Agenda Report Legislative Platform Legislative Policy and Procedures 16. Consider Appointments to City Council Committees for Calendar Year 2023 Recommendation Attachments: That the City Council appoint members to serve on committees for calendar year 2023 and approve related City Council Committee Appointments List. Agenda Report Council Committee List Page 10 City Council Agenda January 10, 2023 ITEMS FOR FUTURE CITY COUNCIL AGENDAS Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed 3 minutes unless extended by a majority vote of the City Council. No substantive discussion on the subject of the motion may occur. General discussion amongst the City Council on items listed under this section of the agenda shall be limited to 15 minutes. Items may only be placed on the agenda by Council Members pursuant to policy or by the City Manager based on administrative or operational needs of the City. Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed 3 minutes. All public participation is governed by the Council Policy regarding Public Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT - IN MEMORY OF DEPUTY ISAIAH CORDERO The next regular meeting of the City Council will be held on Tuesday, January 24, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 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 11 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 10, 2023 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 13, 2022 - 6:00 PM CALL TO ORDER at 6:00 PM: Mayor Matt Rahn INVOCATION: Minister Dale Willoughby of Abundant Life Apostolic Community Church FLAG SALUTE: Mayor Matt Rahn ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS - NONE BOARD / COMMISSION REPORTS Community Services Commission and Planning Commission PUBLIC SAFETY REPORT California Department of Forestry and Fire Protection PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: • Clara Asimakopoulos Ernest Bellenbaum • Maria Arellano PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the City Council: • Mike Naggar (Item #14 and Item #19) • Gillian Larson (Item #19) • Stephen A. Bieri (Item #15) • Mary Williams (Item #13) The following individual(s) submitted an electronic comment: • Shawn Nelson (Item #14) 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 Stewart. 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 29, 2022 Recommendation: That the City Council approve the action minutes of November 29, 2022. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Approve the Amended Salary Schedule to Include Minimum Wage Adjustments Effective January 1, 2023 Recommendation: That the City Council approve the Amended Salary Schedule to be effective January 1, 2023. 5. Adopt Amended and Restated City of Temecula Section 125 Cafeteria Plan and Adoption Agreement Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE AMENDED AND RESTATED CITY OF TEMECULA SECTION 125 CAFETERIA PLAN AND THE AMENDED AND RESTATED SECTION 125 CAFETERIA PLAN ADOPTION AGREEMENT 6. Adopt Resolution for Fire Mitigation Assistance Grant [Fairview Fire] Governing Body Designating Certain City Officials to Execute Applications and Documents for the Purposes of Obtaining Grant Funding hrough the California Governor's Office of Emergency Services Recommendation: That the City Council adopt resolution entitled: RESOLUTION NO. 2022-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DESIGNATING AND AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSES OF OBTAINING FEDERAL FINANCIAL ASSISTANCE FOR ANY EXISTING OR FUTURE 2 GRANT PROGRAM INCLUDE, BUT NOT LIMITED TO FEDERALLY DECLARED DISASTER (DR), FIRE MITIGATION ASSISTANCE GRANT (FMAG), CALIFORNIA STATE ONLY DISASTER (CDAA), IMMEDIATE SERVICES PROGRAM (ISP), HAZARD MITIGATION GRANT PROGRAM (HMGP), BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES (BRIO), FLOOD MITIGATION ASSISTANCE PROGRAM (FMA), AND NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM (NEHRP) 7. Adopt Resolution Approving the Funding Agreement for Removal of Debris Materials with Riverside Countv Flood Control and Water Conservation District Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE "FUNDING AGREEMENT - REMOVAL OF DEBRIS MATERIALS" BETWEEN THE CITY OF TEMECULA AND RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND DETERMINING THAT THE AGREEMENT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061 (13)(3) OF THE CEQA GUIDELINES 8. Approve Increase to the Construction Contingency Authorization for the Pavement Rehabilitation Program - Meadowview/Paloma Del Sol Project, PW21-06 Recommendation: That the City Council: 1. Approve an increase to the contingency for construction of the Pavement Rehabilitation Program - Meadowview/Paloma Del Sol Project, PW 21-06 by $200,000; and 2. Increase the City Manager Authority to approve construction contract change orders by $200,000. 9. Authorize the Purchase of Traffic Equipment for the Emergency Vehicle Pre-Emption Upgrade Program, Flashing Beacons & Speed Advisory Signs, and the Traffic Signal 1 Equipment Enhancement Program for the Department of Public Works - Traffic Division Recommendation: That the City Council authorize the purchase of traffic equipment for the Emergency Vehicle Pre-Emption Upgrade Program, Flashing Beacons & Speed Advisory Signs, and the Traffic Signal Equipment Enhancement Program for the Department of Public Works - Traffic Division, in the amount of $600,000. 10. Approve Parcel Map 37510 (Located Approximately 130 Feet North of the Intersection of Main Street and Pujol Street on the East Side of Pujol Street) 3 Recommendation: That the City Council: 1. Approve Parcel Map 37510 in conformance with the Conditions of Approval; and 2. Approve the Subdivision Improvement Agreement with the developer; and 3. Approve the Subdivision Monumentation Agreement with the developer; and 4. Authorize the City Manager to execute the agreements on behalf of the City. RECESS: At 6:30 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and Successor Agency to the Temecula Redevelopment Agency. At 6:34 PM the City Council resumed with the remainder of the City Council Agenda. JOINT MEETING - CITY COUNCIL / TEMECULA PUBLIC FINANCING AUTHORITY CITY COUNCIL / TPFA BUSINESS 14. Approve the Debt/Liability Paydown Strategy At the Request of Subcommittee Members Mayor Rahn and Council Member Edwards) Recommendation: That the City Council/Board of Directors: 1. Adopt the Amended Budget and Fiscal Policies to include the Debt/Liability Paydown Strategy Policy; and 2. Adopt a resolution entitled: RESOLUTION NO. 2022-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE PREPAYMENT OF FINANCING LEASE AGREEMENTS ENTERED INTO BY THE CITY OF TEMECULA IN 2011 AND 2018 RELATING TO THE FINANCING AND REFINANCING OF CAPITAL PROJECTS FOR THE CITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO 3. Adopt a resolution entitled: RESOLUTION TPFA NO. 2022-15 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY APPROVING THE PREPAYMENT OF FINANCING LEASE AGREEMENTS ENTERED INTO BY THE CITY OF TEMECULA IN 2011 AND 2018 4 RELATING TO THE FINANCING AND REFINANCING OF CAPITAL PROJECTS FOR THE CITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO 4. Adopt a resolution entitled: RESOLUTION NO. 2022-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING THE TRANSFER OF $5,000,000 FROM THE CITY' S PENSION RATE STABILIZATION TRUST TO MAKE AN ADDITIONAL DISCRETIONARY PAYMENT TO CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 5. Appropriate $19,913,606 in Available General Fund Balance to pay off the Civic Center Loan ($12,624,607), the Margarita Recreation Center Loan ($5,038,999) and pay an Additional Discretionary Payment to Ca1PERS for the City's Unfunded Liability ($2,250,000); and 6. Appropriate $5,000,000 in Available Pension Trust Funds to pay an Additional Discretionary Payment to Ca1PERS for the City's Unfunded Liability. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Stewart. The vote reflected unanimous approval. CITY COUNCIL / TPFA ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 15. Approve Second Amendment to the Development Agreement By and Between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company (Planning Application No. PA21-0128) Recommendation: That the City Council conduct a public hearing and approve a second amendment to the development agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company (Planning Application No. PA21-0128) and introduce and read by title only an ordinance entitled: ORDINANCE NO. 2022-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND MAKING A 5 FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PLANNING APPLICATION NO. PA21-0128) Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Stewart. The vote reflected unanimous approval. 16. Receive and File Assembly Bill (AB) 1600 Financial Reports - Fiscal Year 2021-22 Development Impact Fee Expenditures Recommendation: That the City Council conduct a public hearing and receive and file Assembly Bill (AB) 1600 Financial Reports - Fiscal Year 2021-22 Development Impact Fee Expenditures. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Alexander. The vote reflected unanimous approval. BUSINESS 17. Receive Status Update and Provide Final Direction on the Public Recognitions Policy (At the Request of Subcommittee Members Alexander and Stewart) Recommendation: That the City Council receive a status update and provide final direction on the City's Public Recognition Policy. Motion #1 — Motion to continue presenting inclusionary proclamations at City Council meetings and consider annual proclamation in January as a Consent Calendar item (4-1): Motion by Edwards, Second by Schwank. The vote reflected unanimous approval with Alexander opposing. Motion #2 — Motion to not permit resolutions of principle (4-1): Motion by Edwards, Second by Stewart. The vote reflected unanimous approval with Alexander opposing. 18. Approve Amendment No. 5 to City Manager Aaron Adams' Employment Agreement Recommendation: That the City Council approve Amendment No. 5 to City Manager Aaron Adams' Employment Agreement. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Schwank. The vote reflected unanimous approval. 19. Accept the November 8, 2022 General Municipal Election Declaration of Results and Conduct Swearing -In CeremonX Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL 6 MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Stewart. The vote reflected unanimous approval. 20. Appoint the Mayor, Mayor Pro Tempore, President, Vice -President for Calendar Year 2023 Recommendation: That the City Council/Board of Directors: 1. Appoint the Mayor and Mayor Pro Tempore, effective January 1, 2023, to serve in this capacity until December 31, 2023; and 2. Appoint the President and Vice -President, effective January 1, 2023 to serve in this capacity until December 31, 2023. Motions were made and approved with new City Council members. Approved to appoint Zak Schwank as Mayor (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval. Approved to appoint James Stewart as Mayor Pro Tempore (5-0): Motion by Schwank, Second by Brown. The vote reflected unanimous approval. Approved to appoint James Stewart as TCSD President (5-0): Motion by Schwank, Second by Brown. The vote reflected unanimous approval. Approved to appoint Jessica Alexander as TCSD Vice President (5-0): Motion by Kalf is, Second by Stewart. The vote reflected unanimous approval. ITEMS FOR FUTURE CITY COUNCIL AGENDAS CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 9:38 PM, the City Council meeting was formally adjourned to Tuesday, January 10, 2023, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Zak Schwank, 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 10, 2023 SUBJECT: Approve the List of Demands PREPARED BY: Pam Espinoza, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 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.2023- 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 $ 9,009,733.93. 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 1 Oth day of January, 2023. Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the I Oth day of January, 2023, 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 11/29/2022 TOTAL CHECK RUN: 11/29/2022 TOTAL CHECK RUN: 12/01/2022 TOTAL CHECK RUN: 12/06/2022 TOTAL CHECK RUN: 12/08/2022 TOTAL CHECK RUN: 12/13/2022 TOTAL CHECK RUN: 12/15/2022 TOTAL CHECK RUN: 12/21/2022 TOTAL CHECK RUN: 12/21/2022 TOTAL CHECK RUN: 12/22/2022 TOTAL CHECK RUN: 12/02/22 TOTAL PAYROLL RUN: 12/22/22 TOTAL PAYROLL RUN: 551,254.92 39,497.25 685,226.08 202,350.60 152,164.76 525,349.27 1,750,113.27 115,319.04 3,405,129.73 202,558.00 718,863.32 661,907.69 TOTAL LIST OF DEMANDS FOR 01/10/2023 COUNCIL MEETING: $ 9,009,733.93 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 4,977,701.18 002 MEASURE S FUND 34,803.10 110 RANCHO CALIF ROAD REIMB DIST 14,175.30 125 PEG PUBLIC EDUCATION & GOVERNMENT 434.20 140 COMMUNITY DEV BLOCK GRANT 15,451.83 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 22,634.72 190 TEMECULA COMMUNITY SERVICES DISTRICT 701,716.03 192 TCSD SERVICE LEVEL B STREET LIGHTS 24,232.74 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 2,842.34 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 11,993.86 197 TEMECULA LIBRARY FUND 16,486.41 210 CAPITAL IMPROVEMENT PROJECTS FUND 1,246,203.45 300 INSURANCE FUND 19,915.38 305 WORKER'S COMPENSATION 8,953.86 320 INFORMATION SYSTEMS 299,483.15 325 TECHNOLOGY REPLACEMENT FUND 43,145.76 330 CENTRAL SERVICES 19,075.06 340 FACILITIES 62,889.52 478 CFD 16-01 RORIPAUGH PHASE II 413.00 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,617.64 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 2,335.94 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 2,760.35 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 435.01 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 2,785.26 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 1,808.43 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 908.46 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 8,682.02 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 179.33 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 713.26 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 136.84 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 5,779.22 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 2,145.31 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 1,028.63 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATE 541.92 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 1,217.36 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 120.76 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 4,652.57 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 3,663.31 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 8,323.93 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 14,019.01 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 441.05 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 350.50 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 8,960.65 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 2,790.95 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 117.00 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 698.16 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 15,521.72 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 161.44 700 CERBT CALIFORNIA EE RETIREE-GASB45 12,516.00 $ 7,628,962.92 001 GENERAL FUND 110 RANCHO CALIF ROAD REIMB DIST 140 COMMUNITY DEV BLOCK GRANT 165 AFFORDABLE HOUSING 190 TEMECULA COMMUNITY SERVICES DISTRICT 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 300 INSURANCE FUND 305 WORKERS' COMPENSATION 320 INFORMATION TECHNOLOGY 330 SUPPORT SERVICES 340 FACILITIES 700 CERBT CALIFORNIA EE RETIREE-GASB45 TOTAL BY FUND: 775,874.93 1,075.50 1,510.13 8,470.43 376,456.65 2,996.31 397.00 8,984.69 6,236.06 6,236.21 90,924.97 11,632.42 18,797.24 71,178.47 $ 1,380,771.01 9,009,733.93 apChkLst Final Check List Page: 1 11/29/2022 4:23:25PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 14393 11/18/2022 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT 138,611.59 138,611.59 RETIREMENT) 14480 11/11/2022 000262 RANCHO CALIF WATER 3015553 DEER HOLLOW WAY 57,470.05 57,470.05 DISTRICT 14494 11/18/2022 000262 RANCHO CALIF WATER VAR OCT WATER 3003793 28250 YNEZ 17,594.67 17,594.67 DISTRICT RD LAKE 14495 11/9/2022 006887 UNION BANK OF CALIFORNIA 022546 AIRWAVE COMMUNICATIONS, MISC EQUIPMENT: VEHICLE: EOC 30.77 30.77 ENTERPRISES 14496 11/9/2022 006887 UNION BANK OF CALIFORNIA 017932 MENIFEE VALLEY CHAMBER REGIST FEE: STATE OF THE CITY: 65.00 OF, COMMERCE CITY MGR 013703 LAKE ELSINORE VALLEY REGIST FEE: STATE OF THE CITY: 75.00 140.00 CHAMBER, OF COMMERCE CITY MGR 14497 11/9/2022 006887 UNION BANK OF CALIFORNIA 018315 CHARITY FOR CHARITY REGIST FEE: FUNDRAISER: WAY OUT 100.00 WEST 023122 PROFESSIONAL WOMEN'S REGIST FEE: FUNDRAISER: UNITY 100.00 ROUNTABLE AWARDS 006146 MT SAN JACINTO COMMUNITY, REGIST FEE: FARM TO TABLE 195.00 395.00 COLLEGE FUNDRAISER 14498 11/9/2022 006887 UNION BANK OF CALIFORNIA 013703 LAKE ELSINORE VALLEY REGIST FEE: STATE OF THE CITY: 75.00 CHAMBER, OF COMMERCE CITY MGR 003048 BOYS AND GIRLS CLUB, OF REGIST FEE: FUNDRAISER: OUR KIDS 175.00 SOUTHWEST COUNTY ROCK 002187 ANIMAL FRIENDS OF THE REGIST FEE: FUNDRAISER: WINES 150.00 VALLEYS FOR K9 017932 MENIFEE VALLEY CHAMBER REGIST FEE: STATE OF THE CITY: 65.00 465.00 OF, COMMERCE CITY MGR 14499 11/9/2022 006887 UNION BANK OF CALIFORNIA 000907 RANCHO TEMECULA CAR VEHICLE WASH: CIP: PW 60.00 WASH 001054 CALIF BUILDING OFFICIALS, REGIST: EDUCATIONAL COURSE: PW 500.00 560.00 (CALBO) Page:1 apChkLst Final Check List Page: 2 11/29/2022 4:23:25PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 14500 11/9/2022 006887 UNION BANK OF CALIFORNIA 006146 MT SAN JACINTO COMMUNITY, REGIST FEE: FARM TO TABLE COLLEGE FUNDRAISER 015626 EVENTBRITE.COM REGIST FEE: STATE OF THE CITY: CANYON LA 000515 TEMECULA VALLEY CHAMBER REGIST FEE: MONTE CARLO OF, COMMERCE EXTRANVAGANZA 013703 LAKE ELSINORE VALLEY REGIST FEE: STATE OF THE CITY: CHAMBER, OF COMMERCE CITY MGR 017932 MENIFEE VALLEY CHAMBER REGIST FEE: STATE OF THE CITY: OF, COMMERCE CITY MGR 018315 CHARITY FOR CHARITY REGIST FEE: FUNDRAISER: WAY OUT WEST 023122 PROFESSIONAL WOMEN'S REGIST FEE: FUNDRAISER: UNITY ROUNTABLE AWARDS 14502 11/9/2022 006887 UNION BANK OF CALIFORNIA 000293 STADIUM PIZZA INC 021003 CVS PHARMACY 022854 BOOT BARN 022854 BOOT BARN 007987 WALMART 14503 11/9/2022 006887 UNION BANK OF CALIFORNIA 008039 PORTOLA PLAZA HOTEL 023128 PEARSON, VUE 023134 SUBWAY 023132 CREPES OF BRITTANY! 023129 OLD FISHERMAN'S GROTTO 023126 SMUG MUG 023131 CHART HOUSE 023129 OLD FISHERMAN'S GROTTO RFRSHMNTS: CORE TEAM MTG 10/6 MISC SUPPLIES: HELP CTR: TCSD MISC SUPPLIES: HELP CTR: TCSD MISC SUPPLIES: HELP CTR: TCSD MISC OFC SUPPLIES: HELP CTR: TCSD LODGING: MISAC CONF: INFO TECH CERT COMPTIATRAINING: INFO TECH RFRSHMNTS: MISAC CONF: INFO TECH RFRSHMNTS: MISAC CONF: INFO TECH RFRSHMNTS: MISAC CONF: INFO TECH POWER SUBSCRIPTION: INFO TECH RFRSHMNTS: MISAC CONF: INFO TECH RFRSHMNTS: MISAC CONF: INFO TECH Amount Paid 195.00 40.00 30.00 75.00 65.00 100.00 100.00 102.72 21.74 227.27 473.03 360.43 585.39 924.00 18.88 13.92 31.22 110.00 108.22 81.00 Check Total 605.00 1,185.19 1,872.63 Paget apChkLst Final Check List Page: 3 11/29/2022 4:23:25PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 14505 11/9/2022 006887 UNION BANK OF CALIFORNIA 001060 HYATT LODGING: ICMAANNUAL CONF: CITY 935.32 CLERK 000254 PRESS ENTERPRISE ONLINE SUBSCRIPTION: CITY CLERK 14.00 COMPANY INC 000210 LEAGUE OF CALIF CITIES REGIST: NEW LAW & ELECTIONS 500.00 SEMINAR 023008 PANDA EXPRESS RFRSHMNTS: CITY CNCL MTG: 10/11 277.25 018323 GOAT & VINE, THE RFRSHMNTS: CITY CNCL MTG: 09/27 180.51 023137 CAFE RIO RFRSHMNTS: CITY CNCL MTG: 09/13 193.65 2,100.73 14506 11/9/2022 006887 UNION BANK OF CALIFORNIA 001054 CALIF BUILDING OFFICIALS, COMMUNITY DEV TECH TRAINING: 195.00 (CALBO) FIRE 009612 BJS RESTAURANTS INC RFRSHMNTS: SPECIAL EVENT: STA 73 180.88 018925 MEMORABLE BITES LLC, DBA RFRSHMNTS: MUSTER EVENT: FIRE 224.92 FIREHOUSE SUBS DEPT 005903 TERRYS CANVAS HELMET MAGNETS: FIRE STA 84 213.78 012915 LUCILLE'S BBQ RFRSHMNTS: SPECIAL EVENT: 494.25 CHAPLAIN 006952 PAYPAL REGIST: TABLE: TIP AWARDS: FIRE 600.00 023135 FIRESTOP SYMPOSIUM FIRE INSPECTOR/PLAN REVIEW 400.00 CLASS: FIRE 018925 MEMORABLE BITES LLC, DBA RFRSHMNTS: SPECIAL EVENT: STA84 371.54 FIREHOUSE SUBS 013338 APPLE STORE SUBSCRIPTIOWREIMB BY EE 9.99 6.76 FRAUDULENT CHARGES TO BE REV 001264 COSTCO TEMECULA 491 EMPLOYE RECOGNITION: FLOWERS: 59.25 FIRE DEPT 022802 MARGARITA'S COCINAY RFRSHMNTS: CHIEF COUNCIL 82.96 CANTINA MEETING: FIRE 022699 MOUNTAIN MIKE'S PIZZA RFRSHMNTS: FAIRVIEW COUNCIL 158.70 MTG: FIRE 013338 APPLE STORE ADD'L PHONE STORAGE: FIRE DEPT 0.99 BOSCPROPERTIES - CREDIT RECEIV -10.30 2,988.72 Page:3 apChkLst Final Check List Page: 4 11/29/2022 4:23:25PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 14507 11/9/2022 006887 UNION BANK OF CALIFORNIA 012085 ISTOCK INT'L INC. SUBSCRIPTION: PROMO IMAGES: 120.00 TCSD 007177 MACARONI GRILL RFRSHMNTS: THEATER HOSPITALITY: 118.54 TCSD 007177 MACARONI GRILL RFRSHMNTS: HOSPITALITY: THEATER 114.19 020886 NETFLIX.COM MONTHLY SVC CHARGE: TEEN ROOM: 9.99 CRC 000645 SMARTAND FINAL INC RFRSHMNTS:RRSP RIBBON CUTTING 104.63 023130 S CA MUNICIPAL ATHLETE REGIST: CONFERENCE: SPORTS: 110.00 TCSD 023127 KENTUCKY FRIED CHICKEN RFRSHMNTS: HOSPITALITY: THEATER 90.77 020249 LAUND3R.COM LLC LAUNDRY SVC: SAFETY VEST: COLOR 35.25 RUN 013338 APPLE STORE APPLICATION PURCHASE: THEATER: 5.99 TCSD 001365 RIVERSIDE, COUNTY OF, HEALTH PERMIT: HALLOWEEN 4.91 ENVIRONMENTAL HEALTH CARNIVAL: TCSD DEPT 020792 CANVA.COM MONTHLY SUBSCRIPTION: TCSD 12.99 013338 APPLE STORE APPLICATION PURCHASE: THEATER: 9.99 TCSD 000254 PRESS ENTERPRISE ONLINE SUBSCRIPTION: TCSD 18.00 COMPANY INC 006952 PAYPAL VERISIGN PAYFLOW PRO 313.30 TRANSACTION 019291 TLK ICE, INC., DBA:KONA ICE RFRSHMNTS: OPEN STREETS EVENT: 650.00 TEMECULA VAL TCSD 001365 RIVERSIDE, COUNTY OF, HEALTH PERMIT: HALLOWEEN 207.00 ENVIRONMENTAL HEALTH CARNIVAL: TCSD DEPT 019371 VOLGISTICS, INC MEMBERSHIP RENEWAL: TVM: TCSD 204.00 022983 MR KABOB FRESH RFRSHMNTS: TVM EVENT: TCSD 200.59 MEDITERRANEAN 023133 BATES NUT FARM EXCURSION: SENIORS: TVM 270.00 022785 VERO'S MEXICAN & SEA FOOD RFRSHMNTS: STAFF MTG: THEATER: 255.24 TCSD 021485 MOTION ARRAY SUBSCRIPTION RENEWAL: VIDEO 249.99 3,105.37 EFFECT Page:4 apChkLst Final Check List Page: 5 11/29/2022 4:23:25PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 14508 11/9/2022 006887 UNION BANK OF CALIFORNIA 000210 LEAGUE OF CALIF CITIES 000210 LEAGUE OF CALIF CITIES 000210 LEAGUE OF CALIF CITIES 008956 PANERA BREAD 009194 VILLAGE NEWS, INC 008956 PANERA BREAD 017932 MENIFEE VALLEY CHAMBER OF, COMMERCE 017444 PINPROSPLUS 14509 11/9/2022 006887 UNION BANK OF CALIFORNIA 023058 SAVAGE TRAINING GROUP 012550 MARRIOTT, COURTYARD BY MARRIOTT 019832 TRAUMA INTERVENTION PRGMS OF, SW RIVERSIDE COUNTY INC 001264 COSTCO TEMECULA 491 008699 CSUS CCE 002702 USPS - POC, ACCOUNT#8089685 (Continued) Description REGIST FEE: CITY MGR CONF: CITY MGR REGIST FEE: CITY MGR CONF: PLANNING REGIST FEE: CITY MGR CONF: CITY MGR RFRSHMNTS: STRATEGIC FISCAL MTG COUNCIL SUBSCRIPTION RENEWAL: CITY MGR RFRSHMNTS: STRATEGIC FISCAL MTG COUNCIL REGIST FEE: STATE OF THE CITY: CITY MGR PINS: PECHANGA PU'ESKA HOLIDAY REFUND: REGIST FEE: POLICE LODGING: WOMEN LEADERS IN LAW ENF REGIST FEE; ANNUAL HEROES AWARD GALA RFRSHMNTS: EXPLORER POST COMPETITION REGIST: TRAFFIC SAFETY LE FORUM STAMPS: MAILING: PD 001264 COSTCO TEMECULA 491 RFRSHMNTS: EXPLORER POST COMPETITION 008023 STATER BROTHERS MARKETS RFRSHMNTS: EXPLORER POST COMPETITION 006690 BEST WESTERN LODGING: LASO MOTOR SCHOOL: POLICE 006690 BEST WESTERN LODGING: LASO MOTOR SCHOOL: POLICE 006690 BEST WESTERN LODGING: LASO MOTOR SCHOOL: POLICE 004618 CALIF NARCOTIC OFFICERS REGIST: 58TH ANNUAL TRAINING ASSN EXPO 023123 CLASS MOTORCYCLE SCHOOL REGIST: MOTOR OFFICER ADV TRAINING Amount Paid 750.00 750.00 750.00 30.17 69.95 146.10 130.00 963.53 -268.00 101.79 80.00 75.74 85.00 62.10 19.98 28.05 667.48 667.48 667.48 665.00 1.700.00 Check Total 3,589.75 4.552.10 Page:5 apChkLst Final Check List Page: 6 11/29/2022 4:23:25PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 14510 11/9/2022 006887 UNION BANK OF CALIFORNIA 023124 ARCHISAND PROFESSIONAL MARKETING: DEP: SAND SCULPTURE: 1,170.00 ECO DEV 014885 TEMECULA CATERING RFRSHMNTS: DEPOSIT: BROKER'S 926.55 EVENT 020186 GREAT HARVEST BREAD CO RFRSHMNTS: HEALTH & WELLNESS 1,816.25 FAIR 021284 LEWIS CLEANERS DRY CLEANING SVCS: LINENS: ECO 180.00 DEV 000210 LEAGUE OF CALIF CITIES REGIST FEE: CITY MGR CONF: ECO 750.00 DEV 020395 ETSY MISC OFC SUPPLIES: STENCIL: ECO 21.50 DEV 013338 APPLE STORE ADD'L PHONE STORAGE: SOCIAL 2.99 MEDIA 000515 TEMECULA VALLEY CHAMBER REGIST FEE: LEGISLATIVE SUMMIT 60.00 OF, COMMERCE TICKET 017932 MENIFEE VALLEY CHAMBER REGIST FEE: STATE OF THE CITY: ECO 65.00 OF, COMMERCE DEV 012085 ISTOCK INT'L INC. STOCK PHOTO: QLMP: CITY MGR 33.00 023125 WESTERN BID, ETSY MARKETING: EVENTS: ECO DEV 113.10 5,138.39 Page:6 apChkLst Final Check List Page: 7 11/29/2022 4:23:25PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 14511 11/9/2022 006887 UNION BANK OF CALIFORNIA 015496 SAN DIEGO AIRPORT PARKING PARKING: NEOGOV CONFERENCE: HR 104.00 015496 SAN DIEGO AIRPORT PARKING PARKING: NEOGOV CONFERENCE: HR 104.00 008668 WES FLOWERS SUNSHINE FUND 85.68 007282 AMAZON CAPITAL SERVICES SUPPLIES: HEALTH & WELLNESS 72.78 INC FAIR: HR 023137 CAFE RIO RFRSHMNTS: HEALTH & WELLNESS 72.54 FAIR: HR 023138 PARTY CITY SUPPLIES: HEALTH & WELLNESS 36.87 FAIR: HR 000305 TARGET BANK BUS CARD SUPPLIES: HEALTH & WELLNESS 54.36 SRVCS FAIR: HR 023141 CRUMBL RFRSHMNNTS: WORKFORCE 59.88 STRATEGIC PLAN 023139 EPIC EATZ FOOD TRUCK RFRSHMNTS: MOTIVATIONAL 1,078.37 SPEAKER: HR 023140 INC.COM SUBSCRIPTION: PUBLICATION: HR 19.99 011321 LABOR LAW CENTER LLC POSTERS: HR 25.21 010948 MIRAGE THE HOTELAND LODGING: NEOGOV CONF: HR 2,023.90 CASINO 001264 COSTCO TEMECULA 491 RFRSHMNTS: MOTIVATIONAL 185.47 SPEAKER: HR 007282 AMAZON CAPITAL SERVICES SUPPLIES: HEALTH & WELLNESS 475.33 INC FAIR: HR 001264 COSTCO TEMECULA 491 RFRSHMNTS: EOQ: TEAM PACE 302.95 001264 COSTCO TEMECULA 491 RFRSHMTNS: HEALTH & WELLNESS 449.29 5,150.62 FAIR: HR 14513 11/23/2022 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 138.92 138.92 SUPPORT 14514 11/23/2022 021301 1 C M A RETIREMENT -PLAN ICMA- 401(A) RETIREMENT PLAN 384.62 384.62 106474 PAYMENT 14515 11/23/2022 000194 1 C M A RETIREMENT -PLAN ICMA-RC RETIREMENT TRUST 457 15,011.87 15,011.87 303355 PAYMENT 14516 11/23/2022 000444 INSTATAX (EDD) STATE TAX PAYMENT 41,643.93 41,643.93 14518 11/23/2022 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 11,578.85 11,578.85 SOLUTION 14519 11/23/2022 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT 427.79 427.79 SOLUTION PAYMENT Page:7 apChkLst 11/29/2022 4:23:25PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 14520 11/23/2022 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT 3,836.80 3,836.80 SOLUTION PAYMENT 102135 10/31/2022 018952 ON GUARD FIRE PROTECTION REFUND: FIRE INSPECTION FEE: FIRE 255.00 255.00 102136 11/17/2022 023147 SMITH. RONALD REFUND: DUPLICATE CHARGE 331.00 331.00 Grand total for UNION BANK: 319,164.36 Page:8 apChkLst 11/29/2022 4:23:25PM Final Check List CITY OF TEMECULA Page: 9 Bank: eunion EFT UNION BANK Check # Date Vendor Description Amount Paid Check Total 503548 12/1/2022 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: CIP: PW 195.84 195.84 503549 12/1/2022 002577 ENGINEERING RESOURCES, ENG SVCS: BIKE TRAIL PRGM: 1,987.50 1,987.50 OF SOUTHERN CALIF., INC. PW19-11 503550 12/1/2022 014865 FREIZE UHLER KIMBERLY DBA, MISC PROMOTIONAL ITEMS: TVE2 1,264.30 1,264.30 CLEAR BLUE PROMOTIONS 503551 12/1/2022 004890 GOLDEN STATE FIRE FIRE SPRINKLERS: PD STOREFRONT 1,630.00 1,630.00 PROTECTION 503552 12/1/2022 022056 IDETAIL SUPPLY CO ENGINE MAINT SUPPLIES: STA 73 131.00 131.00 503553 12/1/2022 000482 LEIGHTON CONSULTING INC GEOTECH REVIEW: RALLY'S 3,831.00 3,831.00 RESTAURANT 503554 12/1/2022 018675 MDG ASSOCIATES INC OCT ADA LABOR COMPLIANCE: PW 102.50 102.50 18-16 503555 12/1/2022 004043 MISSION ELECTRIC SUPPLY ELECTRICAL PARTS: PD STOREFRONT 1,756.31 1,756.31 INC 503556 12/1/2022 004490 MUSCO SPORTS LIGHTING LLC RELAMP OUTAGES: RRSP: PW PARKS 7,361.53 7,361.53 503557 12/1/2022 021998 OLD TOWN TIRE AND SERVICE VEHICLE REPAIRS: CIP: PW 39.22 39.22 INC 503558 12/1/2022 005075 PRUDENTIAL OVERALL UNIFORM SVCS: STREET MAINT: PW 46.61 46.61 SUPPLY 503559 12/1/2022 022537 REFRIGERATION SUPPLIES, MISC HVAC SUPPLIES: AQUATICS: PW 327.47 DISTRIBUTOR MISC HVAC SUPPLIES: AQUATICS: F 30.05 357.52 503560 12/1/2022 009746 SIGNS BY TOMORROW MISC SIGNAGE: CITY FACILITIES 991.25 MISC SIGNAGE: OLD TOWN SIGNAC 654.07 1,645.32 503561 12/1/2022 002366 STEAM SUPERIOR CARPET CARPET CLEANING SVCS: FOC 1,300.00 CLEANING CARPET CLEANING SVCS: SENIOR 175.00 1,475.00 503562 12/1/2022 003840 STRONG'S PAINTING PAINTING SVCS: TEM CHILDRENS 575.00 MUSEUM PAINTING SVCS: FO BREAK ROOM 475.00 1,050.00 503563 12/1/2022 004209 TEMECULA SUNRISE ROTARY, BUS PLACEMENT & MAINT: PW 2,030.62 2,030.62 CLUB STREETS Pages apChkLst 11/29/2022 4:23:25PM Final Check List CITY OF TEMECULA Page: 10 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 503564 12/1/2022 003849 TERRYBERRY COMPANY EMPLOYEE SERVICE RECOGNITION: 74.41 74.41 HR 503565 12/1/2022 010046 TV CONVENTION &VISITORS SEPT'22 BUS. IMPRV DISTRICT 207,111.88 207,111.88 BUREAU, DBA VISIT TEMECULA ASMNTS VALLEY Grand total for EFT UNION BANK: 232,090.56 Page:10 apChkLst Final Check List Page: 11 11/29/2022 4:23:25PM CITY OF TEMECULA 45 checks in this report. Grand Total All Checks: 551,254.92 Page:11 apChkLst Final Check List Page: 1 11/29/2022 4:09:27PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 14512 11/25/2022 000262 RANCHO CALIF WATER DISTRICT Description Amount Paid Check Total 3031158 NACKE DR 19,309.18 19,309.18 Grand total for UNION BANK: 19,309.18 Page:1 apChkLst Final Check List Page: 2 11/29/2022 4:09:27PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 503566 12/1/2022 007282 AMAZON CAPITAL SERVICES MISC EQUIPMENT: ECO DEV INC 503567 12/1/2022 004240 AMERICAN FORENSIC NURSES DRUG/ALCOHOL ANALYSIS: TEM AFN SHERIFF 503568 12/1/2022 018675 MDG ASSOCIATES INC OCT CDBG PRGM ADMIN: PLANNING OCT CDBG-CV EMER MORTG ASSIST 503569 12/1/2022 018314 MICHAEL BAKER CONSULT/SURVEY SVCS: MONUMENT INTERNATIONAL OT Amount Paid Check Total 16.30 868.14 12,472.38 256.25 6,575.00 Grand total for EFT UNION BANK: 16.30 868.14 12,728.63 6,575.00 20,188.07 Paget apChkLst Final Check List Page: 3 11/29/2022 4:09:27PM CITY OF TEMECULA 5 checks in this report. Grand Total All Checks: 39,497.25 Page:3 apChkLst 12/01/2022 1:33:21PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 14492 11/10/2022 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT 140,153.48 140,153.48 RETIREMENT) 14517 11/23/2022 000283 INSTATAX (IRS) FEDERAL TAX PAYMENT 121,683.29 121,683.29 14522 12/1/2022 000194 I C M A RETIREMENT -PLAN ICMA-RC RETIREMENT TRUST 457 9,449.10 9,449.10 303355 PAYMENT 14523 12/1/2022 000444 INSTATAX (EDD) STATE TAX PAYMENT 18,664.47 18,664.47 14524 12/1/2022 000283 INSTATAX (IRS) FEDERAL TAX PAYMENT 70,348.77 70,348.77 14525 12/1/2022 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 3,342.82 3,342.82 SOLUTION 210772 12/1/2022 013387 ADAME LANDSCAPE INC, DBA NOV SWEEPING SVCS: PARKING 540.00 540.00 SWEEPING UNLIMITED GARAGE 210773 12/1/2022 013582 ADVANTAGE MAILING LLC, DBA PRINTING SVC: TCSD ACTIVITY 40,235.62 40,235.62 ADVANTAGE GUIDE: TCSD 210774 12/1/2022 006915 ALLIES PARTY EQUIPMENT, CHAIRS/TABLES RENTAL: PECHANGE 1,748.05 1,748.05 RENTALINC PUESKA:C 210775 12/1/2022 021136 ARCADIA PUBLISHING INC RESALE PRODUCTS: GIFT SHOP: 640.99 640.99 TCSD 210776 12/1/2022 021689 ASCENT ENVIRONMENTAL INC SEIR: TEM VLY HOSPITAL: PA22-0105 12,306.98 12,306.98 210777 12/1/2022 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: RHRTPL: TCSD 200.21 200.21 210778 12/1/2022 015592 BAMM PROMOTIONAL STAFF UNIFORMS: MPSC: TCSD 2,991.07 2,991.07 PRODUCTS INC 210779 12/1/2022 023049 BETTS, KENNETH TCSD INSTRUCTOR EARNINGS 5,037.20 5,037.20 210780 12/1/2022 004262 BIO TOX LABORATORIES PHLEBOTOMY SERVICES: TEM 5,143.32 SHERIFF PHLEBOTOMY SERVICES: TEM SHE 154.65 PHLEBOTOMY SERVICES: TEM SHE 2,523.74 7,821.71 210781 12/1/2022 023152 BOND, CLARISSA REFUND: BALADJ CITATION: 353252 305.00 305.00 Page:1 apChkLst Final Check List Page: 2 12/01/2022 1:33:21PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 210782 12/1/2022 003138 CAL MAT, DBA VULCAN ASPHALT SUPPLIES: STREET MAINT: 398.87 MATERIALS CO PW ASPHALT SUPPLIES: STREET MAIN- 580.18 ASPHALT SUPPLIES: STREET MAIN- 496.35 ASPHALT SUPPLIES: STREET MAIN- 201.59 1,676.99 210783 12/1/2022 021851 CALIF NEWSPAPERS LEGAL PUBLICATIONS: CITY CLERK 974.02 974.02 PARTNERSHIP, DBA SO CALIF NEWS GROUP 210784 12/1/2022 018828 CASC ENGINEERING AND, ENG SVCS: CATCH BASIN DEVICE 970.00 CONSULTING INC ANALYSIS OCT COMMERCIAL/IND'L INSPECTIC 3,110.00 4,080.00 210785 12/1/2022 022930 CCS SAN DIEGO JANITORIAL NOV JANITORIAL SVCS: CITY FACS 22,045.21 22,045.21 INC, DBACCS FACILITY SERVICES 210786 12/1/2022 014887 EMPLOYEE #00633 REIMB: SUPPLIES: TVE2 361.26 361.26 ANNIVERSARY 210787 12/1/2022 021182 CHANNEL CRAFT AND, CHANNEL CRAFT DISTRIBUTION: TVM: 1,232.04 1,232.04 DISTRIBUTION INC TCSD 210788 12/1/2022 004329 COSTCO TEMECULA491 MISC SUPPLIES: SPEC EVENTS: TCSD 397.67 SUPPLIES: MPSC/HUMAN SVCS: TC 351.08 748.75 210789 12/1/2022 001233 DANS FEED AND SEED INC MISC SUPPLIES: STREET MAINT: PW 24.99 24.99 210790 12/1/2022 012600 DAVID EVANS AND DOG PARK RENOVATION: CIP: PW 3,390.00 ASSOCIATES INC ENG DSGN SVCS: HOCKEY RINK: RI 1,637.50 ENG SVCS: BIDDING & CONST: PW1 4,945.50 DSGN SVCS: MPSC OUTDOOR REC 12,686.83 22,659.83 210791 12/1/2022 002990 DAVID TURCH AND JUL FEDERAL LOBBYING SVCS: CITY 5,500.00 ASSOCIATES MGR OCT FEDERAL LOBBYING SVCS: CI- 5,500.00 11,000.00 210792 12/1/2022 020416 DICK'S SPORTING GOODS INC, PITCHING MOUNDS: PBSP: TCSD 8,941.00 8,941.00 DBA AD STARR 210793 12/1/2022 015330 FAIR HOUSING COUNCIL, OF OCT SUB -RECIPIENT: FAIR HOUSING 1,443.62 1,443.62 RIVERSIDE COUNTY INC SVCS 210794 12/1/2022 023068 FALCICCHIO, NICHOLAS REGISTRATION: CELLULAR TECH: 600.00 600.00 POLICE 210795 12/1/2022 000165 FEDERAL EXPRESS INC EXPRESS MAIL SVCS: INFO TECH 7.40 7.40 Paget apChkLst 12/01/2022 1:33:21PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 210796 12/1/2022 003747 FINE ARTS NETWORK AKA TICKET SALES ADVANCE: 15,000.00 15,000.00 THEATRE, CO AND BALLET NUTCRACKER THEATER 210797 12/1/2022 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS: CITY HALL 1,061.49 1,061.49 210798 12/1/2022 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING SUPPLIES: 194.83 THEATER SOUND/LIGHTING SUPPLIES: THEN 292.32 487.15 210799 12/1/2022 022934 GILLMORE, LAUREN BROOKE TCSD INSTRUCTOR EARNINGS 262.50 262.50 210800 12/1/2022 014435 INLAND EROSION CONTROL EROSION CONTROL SUPPLIES: 420.00 420.00 SRVCS STREETS:PW 210801 12/1/2022 009693 INLAND VALLEY CLASSICAL STTLMNT: NUTCRACKER 11/25-11/27 28,705.50 28,705.50 BALLET 210802 12/1/2022 022017 JETE'S PRODUCTS LLC TICKET SALES ADVANCE: 2,000.00 2,000.00 NUTCRACKER 210803 12/1/2022 023153 KOIRALA, ANNIE REFUND: SMARTPAY: LIBRARY 25.96 25.96 210804 12/1/2022 017118 KRACH BREE B, DBA RECOGNITION PROGRAM: CITY MGR 108.75 108.75 TEMECULA TROPHY & DES 210805 12/1/2022 013982 M C I COMM SERVICE NOV 7DK89878 XXX-0346 USAGE MALL 36.54 PD NOV 7DK89878 XXX-0714 GEN USAC 38.43 74.97 210806 12/1/2022 000973 MIRACLE RECREATION MISC PLAYGROUND PARTS: PARKS 7,606.01 7,606.01 EQUIPMENT 210807 12/1/2022 017956 MONOPRICE INC MISC CABLES & COMPUTER 295.91 295.91 SUPPLIES: IT 210808 12/1/2022 023151 EMPLOYEE #06316 MISC SUPPLIES: THEATER: TCSD 50.92 50.92 210809 12/1/2022 003964 OFFICE DEPOT BUSINESS SVS MISC OFC SUPPLIES: CIP: PW 61.29 DIV MISC OFC SUPPLIES: LAND DEV: P\ 59.25 120.54 210810 12/1/2022 018461 PACIFIC PRODUCTS & TRAFFIC SIGN PARTS: STREET MAINT: 4,749.89 4,749.89 SERVICE LLC PW 210811 12/1/2022 018462 PERDUE ROBERT S DBA, APPRAISAL SVCS: PLANNING 4,800.00 4,800.00 PERDUE RUSSELL & MATTHIES Page:3 apChkLst 12/01/2022 1:33:21PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 210812 12/1/2022 019440 QUADIENT INC POSTAGE FOR METER: TEM SHERIFF 250.00 250.00 210813 12/1/2022 002176 RANCHO CALIF BUS PK ASSOC PRICEADJ: OCT-DEC'22 BUS PK 111.71 ASSN:TVE2 PRICE ADJ: OCT-DEC'22 BUS PK AS 101.65 213.36 210814 12/1/2022 000262 RANCHO CALIF WATER AS -BUILT PLAN REVIEW: PW17-19 5,000.00 5,000.00 DISTRICT 210815 12/1/2022 000262 RANCHO CALIF WATER ONSITE PLAN REVIEW: CIP: PW17-19 5,000.00 5,000.00 DISTRICT 210816 12/1/2022 022494 REVZILLA MOTORSPORTS LLC, UNIFORMS: TEM SHERIFF 613.61 613.61 DBA REVZILLA.COM 210817 12/1/2022 022715 RIVERSIDE CO PUBLIC OCT EMERG RADIO RENTALS: POLICE 1,893.31 1,893.31 SAFETY, ENTERPRISE COMMUNICATION 210818 12/1/2022 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: THEATER: 650.00 PRESTON TCSD PHOTOGRAPHY SVCS: VETERANS 1 250.00 PHOTOGRAPHY SVCS: MPSC: TCSC 225.00 PHOTOGRAPHY SVCS: YAC CEREM 200.00 PHOTOGRAPHY SVCS: SPEC EVEN 300.00 1,625.00 210819 12/1/2022 000537 SO CALIF EDISON OCT 700276704365 MAIN ST 503.11 OCT 700039423268 VARI LOCATION: 1,065.02 OCT 700116137841 VARIOUS LOCAT 34,104.48 35,672.61 210820 12/1/2022 020545 SOCIAL WORK ACTION GROUP OCT HOMELESS/STREET OUTREACH: 26,830.00 26,830.00 TCSD 210821 12/1/2022 020548 SOURCE POINT PRODUCTS & PUBLIC SAFETY ED MATERIALS: EOC 5,991.33 5,991.33 SRVCS, DBA FULLY PROMOTED OF TV 210822 12/1/2022 002503 SOUTH COAST AIR QUALITY, FY22/23 FLAT EMISSIONS FEE: FOC 151.85 MANAGEMENT DISTRICT FY 22/23 OPERATING FEES: FOC 468.76 620.61 Page:4 apChkLst Final Check List Page: 5 12/01/2022 1:33:21PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 210823 12/1/2022 000519 SOUTH COUNTY PEST CONTROL INC 210824 12/1/2022 012652 SOUTHERN CALIFORNIA, TELEPHONE COMPANY 210825 12/1/2022 008337 STAPLES BUSINESS CREDIT 210826 12/1/2022 017814 STC TRAFFIC INC (Continued) Description PEST CONTROL SVCS: SENIOR CENTER PEST CONTROL SVCS: THEATER PEST CONTROL SVCS: CIVIC CENTI PEST CONTROL SVC: MUSEUM PEST CONTROL SVCS: STA 84 PEST CONTROL SVCS: CHILDRENS PEST CONTROL SVCS: LIBRARY PEST CONTROL SVCS: TCC/PANTR` RODENT CONTROL SVCS: DUCK PC PEST CONTROL SVCS: CRC EMERG PEST CONTROL SVCS: HAF PEST CONTROL SVCS: STA 92 PEST CONTROL SVCS: WEST WING PEST CONTROL SVCS: TVE2 NOV GEN USAGE: 0141,0839,0978,0979 DEC GEN USAGE: 0141,0839,0978,0E MISC OFC SUPPLIES: CIP: PW MISC OFC SUPPLIES: CIP: PW MISC OFC SUPPLIES: CIP: PW MISC OFC SUPPLIES: TCSD MISC OFC SUPPLIES: CIP: PW FIBER OPTIC COMM SYS UPGRADE: PW 18-05 210827 12/1/2022 015648 STEIN ANDREW, DBA PARKINK MARKETING MERCHANDISE: COMM RELATIONS MISC MERCHANDISE: SPEC EVENT 210828 12/1/2022 020911 T-MOBILE USA, INC. GPS LOCATE: TEM SHERIFF GPS LOCATE: TEM SHERIFF 210829 12/1/2022 020963 UPTOWN TEMECULAAUTO NOV VEHICLE DETAILING SVCS: PW SPA LLC STREETS 210830 12/1/2022 014850 VALLEY PRINTING SERVICES, PRINTING SERVICES: CITY MGR INC. PRINTING SVCS: CITY MGR 210831 12/1/2022 023055 VAN OTTERLOO INC EMERGENCY EQUIP REPAIR: STREETS: PW EMERGENCY EQUIP REPAIR: STREI EMERGENCY EQUIP REPAIR: STREI EMERGENCY EQUIP REPAIR: STREI EMERGENCY EQUIP REPAIR: STREI 210832 12/1/2022 014486 VERIZON WIRELESS 10/11-11/10:CELLULAR/BROADBAND:P D Amount Paid Check Total 29.00 90.00 120.00 924.00 80.00 36.00 90.00 32.00 49.00 90.00 95.00 42.00 40.00 56.00 1,068.41 1,124.93 70.43 27.18 24.46 193.92 185.20 5,892.50 2,608.51 2,226.01 25.00 125.00 10.00 100.05 166.39 1,177.57 1,329.51 1,144.84 2,033.76 1,244.22 675.03 1,773.00 2,193.34 501.19 5,892.50 4,834.52 150.00 10.00 266.44 6,929.90 675.03 Page:5 apChkLst Final Check List Page: 6 12/01/2022 1:33:21PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 210833 12/1/2022 007987 WALMART MISC SUPPLIES: SPECIAL EVENTS: 182.13 TCSD MISC SUPPLIES: TVM: TCSD 47.56 MISC SUPPLIES: TVM: TCSD 27.18 256.87 210834 12/1/2022 023149 WINCHESTER 12 PARTNERS RELEASE & SETTLEMENT OF CLAIM: 1,000.00 1,000.00 LP RISK Grand total for UNION BANK: 685,226.08 Page:6 apChkLst Final Check List Page: 7 12/01/2022 1:33:21PM CITY OF TEMECULA 69 checks in this report. Grand Total All Checks: 685,226.08 Page:7 apChkLst 12/06/2022 5:00:15PM Final Check List CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 503570 12/8/2022 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING/MAINT: THEATER DBA, ALLEGRO PIANO SERVICE 503571 12/8/2022 007282 AMAZON CAPITAL SERVICES MISC OFC SUPPLIES: CITY MGR INC MISC BOOKS: RHRTPL: TCSD MISC OFC SUPPLIES: CITY CLERK GYM EQUIPMENT: FOC MISC OFC SUPPLIES: EOC MISC SUPPLIES: TVM: TCSD MISC SUPPLIES: TVM: TCSD REC SUPPLIES: CRC: TCSD MISC OFC SUPPLIES: FIRE MISC OFC SUPPLIES: FIRE MAINT SUPPLIES: STREET MAINT: PW 503572 12/8/2022 013950 AQUA CHILL OF SAN DIEGO OCT DRINKING WTR SYS MAINT: HARVESTON 503573 12/8/2022 017149 B G P RECREATION INC TCSD INSTRUCTOR EARNINGS 503574 12/8/2022 022651 BRAND ASSASSINS MILITARY BANNER PROGRAM: TCSD 503575 12/8/2022 021588 BRAUN PETER, DBA DEC PLANTSCAPE SVC: LIBRARY TEMECULA PLANTSCAPE DEC PLANTSCAPE SVC: CIVIC CTR 503576 12/8/2022 022518 BRIGHTON HILLACADEMY SLC TCSD INSTRUCTOR EARNINGS DBA, THE FIRST TEE OF THE I.E. 503577 12/8/2022 022670 BROWN, JAMAL DEON, DBA TCSD INSTRUCTOR EARNINGS JDB TRAINING 503578 12/8/2022 021502 BUCHER, BRET PHILLIP 503579 12/8/2022 017542 COX, KRISTI LYN 503580 12/8/2022 010650 CRAFTSMEN PLUMBING & HVAC INC TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS PLUMBING REPAIR: STA84: FIRE Amount Paid 280.00 31.25 20.65 61.95 4,185.69 72.35 433.86 250.82 -136.74 12.42 681.69 68.16 28.55 4,939.20 639.07 200.00 500.00 2,261.00 2,030.00 682.50 735.00 598.50 525.00 864.50 770.00 922.60 1,642.00 Page: 1 Check Total 280.00 5,682.10 28.55 4,939.20 639.07 700.00 2,261.00 4,571.00 1,634.50 922.60 1,642.00 Page:1 apChkLst 12/06/2022 5:00:15PM Final Check List CITY OF TEMECULA Page: 2 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 503581 12/8/2022 003945 DIAMOND ENVIRONMENTAL RESTROOM RENTALS & MAINT SVCS: 5,020.00 5,020.00 SRVCS CRC 503582 12/8/2022 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES:LAND DEV: 139.97 PW FUEL FOR CITY VEHICLES: EOC 88.27 FUEL FOR CITY VEHICLES:LAND DEV: P1 116.41 FUEL FOR CITY VEHICLES: POLICE DEP 107.86 FUEL FOR CITY VEHICLES: FIRE DEPT 186.70 FUEL FOR CITY VEHICLES: STREET MAI 1,220.40 FUEL FOR CITY VEHICLES: BLDG INSPE 273.04 FUEL FOR CITY VEHICLES: PARKS: PW 1,879.19 FUEL FOR CITY VEHICLES: CIP: PW 193.14 FUEL FOR CITY VEHICLES: TRAFFIC: PVN 174.97 FUEL FOR CITY VEHICLES: CIP: PW 179.17 FUEL FOR CITY VEHICLES: CODE ENFOI 97.11 FUEL FOR CITY VEHICLES: POLICE DEP 82.08 4,738.31 503583 12/8/2022 012217 DUDEK CONSULTANT SVCS: CITYWIDE 43,357.50 43,357.50 DRAINAGE PLAN 503584 12/8/2022 004068 ECALDRE MANALILI-DE VILLA, TCSD INSTRUCTOR EARNINGS 332.50 AILEEN TCSD INSTRUCTOR EARNINGS 159.60 TCSD INSTRUCTOR EARNINGS 399.00 TCSD INSTRUCTOR EARNINGS 252.70 TCSD INSTRUCTOR EARNINGS 441.00 1,584.80 503585 12/8/2022 020904 ECONOMIC ALTERNATIVES INC NOV CONDENSER WTR SYS PM: CIVIC 538.67 538.67 CTR 503586 12/8/2022 001937 GALLS LLC MISC EQUIPMENT: CAP 36.36 36.36 503587 12/8/2022 013076 GAUDETYVONNE M, DBA YES TCSD INSTRUCTOR EARNINGS 294.00 294.00 YOU CAN DRAW 503588 12/8/2022 021365 GEORGE HILLS COMPANY INC SUBROGATION RECOVERY FEE: RISK 1,785.41 1,785.41 MGMT 503589 12/8/2022 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: TCC: FIRE 28.59 INC MISC OFC SUPPLIES: TCC: FIRE 242.70 271.29 503590 12/8/2022 003792 GRAINGER MAINT SUPPLIES: STREETS: PW 561.15 561.15 503591 12/8/2022 022530 HINER, DOUGLAS, DOUGLAS ADULT SOFTBALL OFFICIATING SVCS: 1,386.00 1,386.00 HINER UMPIRING SPORTS Paget apChkLst Final Check List Page: 3 12/06/2022 5:00:15PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 503592 12/8/2022 020249 LAUND3R.COM LLC LAUNDRY SVCS: MPSC: TCSD 503593 12/8/2022 021370 MARK THOMAS AND COMPANY OCT DSGN CONSULTANT SVCS: INC CHERRY ST EXT 503594 12/8/2022 011920 MASTER CONCEPTS LLC, DBA TCSD INSTRUCTOR EARNINGS MASTER SPORTS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 503595 12/8/2022 021071 MGT OF AMERICA LLC DBA, ANML SB 90 CLAIMING MGT OF AMERICA SRVCS:FINANCE CONSULTING 503596 12/8/2022 013443 MIDWEST TAPE LLC BOOKS ON TAPE: LIBRARY 503597 12/8/2022 004043 MISSION ELECTRIC SUPPLY FREIGHT: ELECTRICAL PARTS: PD INC STOREFRONT ELECTRICAL SUPPLIES: RRSP: PARKS ELECTRICAL PARTS: PD STOREFRONT ELECTRICAL PARTS: PD STOREFRONT ELECTRICAL SUPPLIES: CIVIC CTR 503598 12/8/2022 004040 MORAMARCO ANTHONY J, ART ROOM EVENT: TCSD DBA BIGFOOT GRAPHICS TCSD INSTRUCTOR EARNINGS COMMUNITY MURAL PROJ: TCSD ACTIVITY GUIDE GRAPHIC: TCSD MURAL PROJ: HOLIDAY WINDOW PAINTI 503599 12/8/2022 002925 NAPAAUTO PARTS AUTO PARTS: STREET MAINT: PW MISC AUTO SUPPLIES: STA 95 MISC AUTO PARTS: FIRE STA 95 503600 12/8/2022 022599 NIEVES LANDSCAPE INC IRRIGATION REPAIRS: VINTAGE HILLS 503601 12/8/2022 014173 NPG INC DBA, GOLDSTAR ASPHALT REPAIR: MURRIETA CRK ASPHALT PRODUCTS TRAIL 503602 12/8/2022 021998 OLD TOWN TIRE AND SERVICE VEHICLE MAINT: STREET MAINT: PW INC VEH REPAIR & MAINTENANCE: TEM SHE VEHICLE REPAIRS: TEM SHERIFF 503603 12/8/2022 008871 ORIGINAL WATERMEN INC UNIFORMS: LIFEGUARDS: TCSD Amount Paid Check Total 88.65 88.65 4,258.50 4,258.50 1,029.00 1,102.50 1,008.00 3,139.50 10,903.00 10,903.00 43.49 43.49 128.35 67.43 1,104.58 534.73 171.61 2,006.70 1,200.00 1,260.00 1,500.00 614.00 500.00 5,074.00 115.23 24.65 314.27 454.15 254.97 254.97 7,141.00 7,141.00 706.74 55.00 793.66 1,555.40 433.13 433.13 Page:3 apChkLst Final Check List Page: 4 12/06/2022 5:00:15PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 503604 12/8/2022 005075 PRUDENTIAL OVERALL SUPPLY 503605 12/8/2022 022537 REFRIGERATION SUPPLIES, DISTRIBUTOR 503606 12/8/2022 004274 SAFE AND SECURE LOCKSMITH SRVC 503607 12/8/2022 009213 SHERRY BERRY MUSIC 503608 12/8/2022 022051 SINGH GROUP INC 503609 12/8/2022 000645 SMARTAND FINAL INC 503610 12/8/2022 014783 SOFTRESOURCES, LLC 503611 12/8/2022 003840 STRONG'S PAINTING 503612 12/8/2022 022895 THE STRING QUEENS LLC 503613 12/8/2022 016311 TIERCE, NICHOLAS 503614 12/8/2022 014866 TWM ROOFING, INC 503615 12/8/2022 007766 UNDERGROUND SERVICE ALERT, OF SOUTHERN CALIFORNIA 503616 12/8/2022 018147 WADDLETON, JEFFREY L. 503617 12/8/2022 020275 WALLACE & ASSOC CONSULTING LLC, ANSER ADVISORY MNGMT LLC (Continued) Description Amount Paid Check Total UNIFORM SVCS: PARKS MAINT: PW 64.91 UNIFORM SVCS: STREET MAINT: PW 46.61 FLOOR MATS/TOWEL RENTALS: FOC 10.28 FLOOR MATS/TOWEL RENTALS: JRC 10.07 FLOOR MATS/TOWEL RENTALS: MPSC 24.52 FLOOR MATS/TOWEL RENTALS: FOC 10.28 FLOOR MATS/TOWEL RENTALS:MPSC 24.52 191.19 MISC HVAC SUPPLIES: AQUATICS 95.64 HVAC SUPPLIES: PD STOREFRONT 216.09 HVAC SUPPLIES: PD STOREFRONT 222.10 533.83 LOCKSMITH SVCS: PARKS: PW 21.21 21.21 JAZZ @ THE MERC 11/17 660.00 660.00 HOMELESS ENCAMPMENT CLEAN-UP 1,813.00 1,813.00 RFRSHMNTS: EVENTS: MPSC: TCSD 471.68 MISC SUPPLIES: SPECIAL EVENTS: TCS 37.14 508.82 Consulting:financial sys upgrade Munis 185.00 185.00 PAINT BASEBALL FIELD SHADE 22,745.00 22,745.00 STRUCTURE:PW ADV PMT THEATER PERF: FEB 25, 5,580.00 5,580.00 2023 GRAPHIC DESIGN SVCS: THEATER 4,380.00 4,380.00 PREVENTIVE ROOF MAINT: FACILITIES 13,320.00 13,320.00 NOV DIG SAFE BIRD BILLABLE TIX: PW 70.85 70.85 TCSD INSTRUCTOR EARNINGS 434.70 434.70 CONST INSP SVC: CITYWIDE SLURRY 17,538.00 SEAL OCT CONSTRUCTION MGMT SVCS: PW1 7,068.00 24,606.00 Page:4 apChkLst 12/06/2022 5:00:15PM Final Check List CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 503618 12/8/2022 021131 WARREN BURLEY, DBA 2 GUN BENEFITS VIDEO PRODUCTION: HR PRODUCTIONS Amount Paid 9,075.00 Grand total for EFT UNION BANK: Page: 5 Check Total 9,075.00 202,350.60 Page:5 apChkLst Final Check List Page: 6 12/06/2022 5:00:15PM CITY OF TEMECULA 49 checks in this report. Grand Total All Checks: 202,350.60 Page6 apChkLst 12/08/2022 1:27:50PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 210835 12/8/2022 004594 2 HOT UNIFORMS INC UNIFORMS: TCC: FIRE DEPT 369.13 369.13 210836 12/8/2022 010905 ALLIED TRAFFIC & LIGHT TOWER RENTALS: TCSD 915.00 EQUIPMENT, RENTALS INC LIGHT TOWER RENTALS: TCSD 460.00 LIGHT TOWER RENTALS: SANTA PARADI 195.00 1,570.00 210837 12/8/2022 006254 BALLET FOLKLORICO, AKA TCSD INSTRUCTOR EARNINGS 252.00 LORENA HANCOCK TCSD INSTRUCTOR EARNINGS 235.20 TCSD INSTRUCTOR EARNINGS 151.20 638.40 210838 12/8/2022 001323 BLUETRITON BRANDS INC, 10/23-11/22 WTR DLVRY SVC: PBSP 63.97 DBA READYREFRESH 10/23-11/22 WTR DLVRY SVC: TES POOL 17.39 10/23-11/22 WTR DLVRY SVCS: HARVEST 14.85 10/23-11/22 WTR DLVRY SVC: SKATE PAF 11.30 107.51 210839 12/8/2022 011421 BRODART CO BOOK COLLECTIONS: RHRTPL:TCSD 170.18 170.18 210840 12/8/2022 017813 BUXTON COMPANY SITE SELECTION & RECRUITMENT: 7,500.00 7,500.00 ECO DEV 210841 12/8/2022 005321 CALIF ASSOC OF CODE, MEMBERSHIP RENEWAL: CODE 100.00 ENFORCEMENT OFFICERS ENFORCEMENT MEMBERSHIP RENEWAL: CODE ENFORi 100.00 MEMBERSHIP RENEWAL: CODE ENFOR, 100.00 MEMBERSHIP RENEWAL: CODE ENFOR, 100.00 MEMBERSHIP RENEWAL: CODE ENFOR, 100.00 500.00 210842 12/8/2022 010939 CALIF DEPT OF INDUSTRIAL, CONSULTING SVCS: RISK MGMT 692.72 692.72 RELATIONS 210843 12/8/2022 004971 CANON FINANCIAL SERVICES NOV COPIERS LEASE: LIBRARY 671.56 671.56 INC 210844 12/8/2022 021054 CANTRELL, TINA J TCSD INSTRUCTOR EARNINGS 210.00 210.00 210845 12/8/2022 022930 CCS SAN DIEGO JANITORIAL ELECTROSTATIC CLEANING SVC: 350.00 350.00 INC, DBACCS FACILITY CIVIC CENTER SERVICES 210846 12/8/2022 005417 CINTAS PROTECTION NO 2, FIRST AID KIT MAINT: RISK MGMT 255.37 CINTAS FIRE 636525 FIRST AID KIT MAINT: RISK MGMT 128.52 FIRST AID KIT MAINT: RISK MGMT 76.85 FIRST AID KIT MAINT: RISK MGMT 50.30 FIRST AID KIT MAINT: RISK MGMT 35.24 FIRST AID KIT MAINT: RISK MGMT 35.24 581.52 Page:1 apChkLst Final Check List Page: 2 12/08/2022 1:27:50PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 210847 12/8/2022 009905 COMPRISE TECHNOLOGIES SOFTWARE RENEWAL: LIBRARY INC 210848 12/8/2022 022961 CORTEZ, NELLY ADV PMT: ELLAS: 01/01/23 210849 12/8/2022 016098 CULTIVATING GOOD INC, DBA RFRSHMNTS: WOMEN'S CAREER E AT MARKETPLACE CONF:WORKFORCE 210850 12/8/2022 012600 DAVID EVANS AND ENG SVCS: BIDDING & CONST: ASSOCIATES INC PW18-03 210851 12/8/2022 022798 IDS SERVICES OF AMERICA WATER DELIVERY: CMO INC, SPARKLETTS 210852 12/8/2022 000165 FEDERAL EXPRESS INC EXPRESS MAIL SVCS: INFO TECH 210853 12/8/2022 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 210854 12/8/2022 022865 EMPLOYEE #00571 REIMB: TEAM PACE 210855 12/8/2022 009608 GOLDEN VALLEY MUSIC CLASSICS AT THE MERC: NOV 2022 SOCIETY, DBA CA CHAMBER ORCHESTRA 210856 12/8/2022 019721 GOVCONNECTION INC ADOBE ACROBAT SFTWR: INFO TECH 210857 12/8/2022 013749 HELIXSTORM INC PA-440 SIGNAL EQUIPMENT: PW TRAFFIC 210858 12/8/2022 019691 L C PAVING AND SEALING INC CNSTRCTN CONTRACT SVCS: SIDEWALKS: DLR 210859 12/8/2022 000210 LEAGUE OF CALIF CITIES REGIST: DIVISION MTG: CITY COUNCIL 210860 12/8/2022 004813 M AND J PAUL ENTERPRISES JUMPER/GAME RENTALS: SPEC INC, DBA JOLLY JUMPS EVENTS 210861 12/8/2022 017427 MATCHETT, VIVIAN TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 210862 12/8/2022 015959 MEHEULA MUSIC 2ND INSTALLMENT PERF: THEATER PRODUCTIONS, AKA JAMES L. FY22/23 MARABOTTO Amount Paid Check Total 15,559.80 15,559.80 1,750.00 1,750.00 2,928.09 2,928.09 970.00 970.00 86.51 86.51 8.68 8.68 50.00 50.00 200.80 200.80 528.50 528.50 6,171.60 6,171.60 8,815.71 8,815.71 6,221.55 6,221.55 50.00 50.00 595.00 595.00 145.60 145.60 291.20 5,000.00 5,000.00 Paget apChkLst Final Check List Page: 3 12/08/2022 1:27:50PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 210863 12/8/2022 003076 MET LIFE INSURANCE DENTAL PAYMENT COMPANY 210864 12/8/2022 011649 EMPLOYEE #00432 PUBLIC SAFETY EDUCATION: FIRE 210865 12/8/2022 000209 NUTRIEN AG SOLUTIONS INC EQUIPMENT REPAIR: TEM SHERIFF EQUIPMENT REPAIR: TEM SHERIFF EQUIPMENT REPAIR: FIRE STA 92 210866 12/8/2022 020472 PARKING LOGIX INC ANNUAL CLOUS ACCESS: PRKG COUNTERS 210867 12/8/2022 000249 PETTY CASH PETTY CASH REIMBURSEMENT 210868 12/8/2022 019518 QUICKSERIES PUBLISHING INC Public Safety Edu Materials 210869 12/8/2022 000907 RANCHO TEMECULA CAR NOV CAR WASH SVCS: POLICE WASH 210870 12/8/2022 016869 RIGHTWAY SITE SERVICES INC PORTABLE RESTROOM RENTALS: DBA, RIGHTWAY PORTABLE TCSD TOILET 210871 12/8/2022 017391 RISE INTERPRETING INC NOV SIGN LANGUAGE INTERPRETING: CLASSES 210872 12/8/2022 009980 SANBORN GWYNETH A, CO COUNTRY LIVE! @ THE MERC 12/03 TEMECULA MUSIC ACADEMY 210873 12/8/2022 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: PROJ CITY PRESTON BUILDINGS PHOTOGRAPHY SVCS: TREE LIGHTING: PHOTOGRAPHY SVCS: MPSC: TCSD PHOTOGRAPHY SVCS: MUSEUM: TCSD 210874 12/8/2022 021309 SB&O INC 06/13-11/13 ENG: CITYWIDE SDWLKS, 19-20 210875 12/8/2022 022929 SCP DISTRIBUTORS LLC, DBA POOL EQUIPMENT: AQUATICS LINCOLN AQUATICS 210876 12/8/2022 013695 SHRED -IT US JV LLC, DBA: 03/10 DOC SHRED SVCS: CITY FACS SHRED -IT USA LLC 10/31-11/03 DOC SHRED SVCS: CITY FAC 10/24-11/7 DOC SHRED SVCS: PD 210877 12/8/2022 023092 SILVA, LEAH THEATER PERF: REVERB TAP CO 01 /07/23 Amount Paid Check Total 13,725.25 13,725.25 845.59 845.59 165.18 106.22 29.63 301.03 2,400.00 2,400.00 200.00 200.00 4,066.95 4,066.95 14.00 14.00 6,958.60 6,958.60 1,120.00 1,120.00 551.25 551.25 1,800.00 325.00 225.00 200.00 2,550.00 596.00 596.00 110.49 110.49 809.16 249.81 46.58 1,105.55 7,000.00 7,000.00 Page:3 apChkLst 12/08/2022 1:27:50PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 210878 12/8/2022 007341 SOUTH COAST WINERY, INC. RFRSHMNTS: PROMOTIONAL ITEM: 57.23 57.23 ECO DEV 210879 12/8/2022 000519 SOUTH COUNTY PEST PEST CONTROL SVCS: TES POOL 59.00 CONTROL INC PEST CONTROL SVCS: MARG SPLASH F 49.00 PEST CONTROL SVCS: MUSEUM 42.00 150.00 210880 12/8/2022 009379 SOUTHWEST WOMEN'S CHRISTMAS IN THE AIR 12/4/22 3,245.22 3,245.22 CHORUS 210881 12/8/2022 007762 STANDARD INSURANCE BASIC LIFE INSURANCE PAYMENT 10,931.25 10,931.25 COMPANY 210882 12/8/2022 012723 STANDARD INSURANCE VOLUNTARY SUPP LIFE INSURANCE 1,229.38 1,229.38 COMPANY PAYMENT 210883 12/8/2022 008337 STAPLES BUSINESS CREDIT MISC OFC SUPPLIES: TCSD 121.05 MISC OFC SUPPLIES: TCSD 83.37 MISC OFC SUPPLIES: TCSD 47.42 251.84 210884 12/8/2022 002015 STAR WAY PRODUCTIONS VIDEO/AUDIO SVCS: PECHANGA 6,500.00 6,500.00 PUESKA 210885 12/8/2022 008373 SUNBELT RENTALS INC TOWER/POWER RENTALS: SPEC 15,050.72 EVENTS:TCSD TOWER/POWER RENTALS: SPEC EVENT 346.21 TOWER/POWER RENTALS: SPEC EVENT 173.10 15,570.03 210886 12/8/2022 001547 TEAMSTERS LOCAL 911 UNION MEMBERSHIP DUES PAYMENT 4,712.96 4,712.96 210887 12/8/2022 021242 TWOS COMPANY INC WHOLESALE GIFT PRODUCTS: GIFT 158.63 158.63 SHOP:TVM 210888 12/8/2022 023055 VAN OTTERLOO INC EMERGENCY EQUIP REPAIR: 4,788.29 4,788.29 STREETS:PW 210889 12/8/2022 007987 WALMART MISC SUPPLIES: AQUATICS: TCSD 166.24 MISC SUPPLIES: THEATER HOSPITALIn 144.05 WORKFORCE PRGMS: SUPPLIES: TCSD 126.47 436.76 Grand total for UNION BANK: 152,164.76 Page:4 apChkLst Final Check List Page: 5 12/08/2022 1:27:50PM CITY OF TEMECULA 55 checks in this report. Grand Total All Checks: 152,164.76 Page:5 apChkLst Final Check List Page: 1 12/13/2022 2:33:20PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 503619 12/15/2022 007282 AMAZON CAPITAL SERVICES MISC BOOKS: RHRTPL: TCSD INC MISC SUPPLIES: HUMAN SVS: TCSE MISC OFC SUPPLIES: CITY CLERK MISC OFC SUPPLIES: CITY CLERK MISC OFC SUPPLIES: THEATER: TC MISC OFC SUPPLIES: TVM: TCSD MISC OFC SUPPLIES: HR MISC SUPPLIES: SPEC EVENTS: TC MISC BOOKS: RHRTPL: TCSD MISC OFC SUPPLIES: FINANCE MISC BOOKS: RHRTPL: TCSD PROJECTOR BULB: INFO TECH MISC OFC SUPPLIES::ECO DEV MISC OFC SUPPLIES: CITY CLERK 503620 12/15/2022 004240 AMERICAN FORENSIC NURSES DRUG/ALCOHOL ANALYSIS: TEM AFN SHERIFF JAN STAND BY FEE: POLICE DRUG/ALCOHOL ANALYSIS: TEM SF 503621 12/15/2022 000936 AMERICAN RED CROSS, STAFF/LIFEGUARDS CERTS: HEALTH AND SAFETY SVCS AQUATICS 503622 12/15/2022 013950 AQUA CHILL OF SAN DIEGO DEC DRINKING WTR SYS MAINT: TCC NOV DRINKING WTR SYS MAINT: JF 503623 12/15/2022 021400 AYERS ELECTRIC INC ELECTRICAL MAINT SVCS: RRSP 503624 12/15/2022 018941 AZTEC LANDSCAPING INC NOV RESTROOM MAINT: PARKS: PW 503625 12/15/2022 017149 B G P RECREATION INC 503626 12/15/2022 011666 B P S TACTICAL INC 503627 12/15/2022 022651 BRAND ASSASSINS 503628 12/15/2022 022670 BROWN, JAMAL DEON, DBA JDB TRAINING 503629 12/15/2022 022948 BRYANT, ROBERT TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TACTICAL VEST/COVERS: TEM SHERIFF PHOTO TILES: CITY COUNCIL CITYWIDE BANNER MAINT: ECON D MILITARY BANNER PROGRAM: TCSI TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS Amount Paid Yilc�i 137.61 280.08 130.49 200.08 124.56 33.60 113.40 352.62 85.78 23.11 637.69 26.80 11.85 62.01 1,420.55 248.04 2,117.00 28.28 28.55 1,100.00 9,098.22 1,083.60 1,083.60 1,083.60 630.75 160.38 1,909.05 191.25 98.00 616.00 577.50 Check Total 2,218.04 1,730.60 2,117.00 56.83 1,100.00 9,098.22 3,250.80 630.75 2,260.68 98.00 1.193.50 Page:1 apChkLst Final Check List Page: 2 12/13/2022 2:33:20PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 503630 12/15/2022 021502 BUCHER, BRET PHILLIP TCSD INSTRUCTOR EARNINGS 1,668.00 TCSD INSTRUCTOR EARNINGS 1,134.00 TCSD INSTRUCTOR EARNINGS 672.00 3,474.00 503631 12/15/2022 004462 CDW LLC, DBACDW MISC SMALL TOOLS & EQUIP: IT -1,268.99 GOVERNMENT LLC MISC SMALL TOOLS & EQUIP: IT 158.02 SFP EQUIPMENT: TRAFFIC: PW 3,099.24 MISC SMALL TOOLS & EQUIP: INFO 234.18 WORKSTATION REPLACEMENT: INF 44,414.75 46,637.20 503632 12/15/2022 022940 CITY DATA SERVICES LLC OCT-DEC MONTHLY MAINT: HOUSING: 1,740.00 1,740.00 PL 503633 12/15/2022 022790 CLEARSTAR INC PRE -EMPLOYMENT SCREENINGS: HR 329.55 329.55 503634 12/15/2022 021077 EMPLOYEE #00542 REIMB: SUPPLIES: SPEC EVENTS: 65.03 65.03 TCSD 503635 12/15/2022 003272 DAISYECO INC PRINTER/PLOTTER SUPPLIES: INFO 895.76 TECH PRINTER/PLOTTER SUPPLIES: INFC 2,874.04 3,769.80 503636 12/15/2022 020648 DG INVESTMENT HOLDINGS 2 ACCESS CONTROL BOARD: INFO 838.00 INC, CONVERGINT TECH TECHNOLOGIES MAINT & REPAIR OF SECURITY SYS 97,506.00 SURVEILLANCE SYS INSTALLATION 9,748.00 MAINT & REPAIR SECURITY SYS: IN 1,045.23 109,137.23 503637 12/15/2022 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOMS: AULD RD 133.21 133.21 SRVCS 503638 12/15/2022 019720 DIVERSIFIED WATERSCAPES NOV WTR QUALITY MAINT: DUCK 7,430.00 7,430.00 INC POND/HARV 503639 12/15/2022 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: STREET 1,330.30 MAINT: PW FUEL FOR CITY VEHICLES: TRAFFIC 173.84 FUEL FOR CITY VEHICLES: TCSD 408.45 FUEL FOR CITY VEHICLES: STREET 1,242.82 FUEL FOR CITY VEHICLES: FIRE DE 156.35 FUEL FOR CITY VEHICLES: INFO TE 90.64 FUEL FOR CITY VEHICLES: PARKS P 1,190.40 4,592.80 503640 12/15/2022 021412 EIDE BAILLY LLP FY 21/22 STREET REPORT PREP & 2,800.00 2,800.00 FILING 503641 12/15/2022 018098 ELITE CLAIMS MANAGEMENT NOV '22 3RD PARTY CLAIM ADMIN: 1,250.00 1,250.00 INC WRKRS Paget apChkLst 12/13/2022 2:33:20PM Final Check List CITY OF TEMECULA Page: 3 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 503642 12/15/2022 002577 ENGINEERING RESOURCES, ENG SVCS: BIKE TRAIL PGM: PW19-11 12,032.00 12,032.00 OF SOUTHERN CALIF., INC. 503643 12/15/2022 022726 FORENSIC NURSES OF SOCAL SART EXAMS: TEM SHERIFF 800.00 800.00 INC 503644 12/15/2022 014865 FREIZE UHLER KIMBERLY DBA, PROMO ITEMS: CITY CLERK 1,250.29 1,250.29 CLEAR BLUE PROMOTIONS 503645 12/15/2022 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: MEDIC: FIRE 19.55 19.55 INC 503646 12/15/2022 010028 GOFORTH & MARTI, DBA GM OFFICE CHAIRS: INFO TECH 993.43 993.43 BUSINESS INTERIORS 503647 12/15/2022 003792 GRAINGER MAINT SUPPLIES: STREETS: PW 13.78 13.78 503648 12/15/2022 010530 1 P C INDUSTRIES INC, DBA: GOLF CART RENTALS: SPEC EVENTS: 6,997.75 6,997.75 PRESTIGE GOLF CARS TCSD 503649 12/15/2022 006914 INNOVATIVE DOCUMENT OCT COPIER 558.39 SOLUTIONS MAINT/REPAIR/USAGE:CITYWIDE OCT COPIER MAI NT/REPAI R/U SAGE 4,584.52 PLOTTER & COPIER SUPPLIES: CEI' 44.59 COPIER: CORE TEAM: PD 2,115.51 7,303.01 503650 12/15/2022 019085 INTERPRETERS UNLIMITED INTERPRETER SVCS: TEM SHERIFF 31.50 31.50 INC 503651 12/15/2022 012883 JACOB'S HOUSE INC EMPLOYEE CHARITY DONATIONS 40.00 40.00 PAYMENT 503652 12/15/2022 022824 EMPLOYEE #00630 REIMB: TEAM PACE 119.60 119.60 503653 12/15/2022 001282 KNORR SYSTEMS INC MISC PARTS/SUPPLIES: AQUATICS 866.94 866.94 503654 12/15/2022 000482 LEIGHTON CONSULTING INC MATUS TESTING SVCS: CRC RENO: 469.95 P W 19-07 GEOLOGIC SEISMIC REVIEW: PA22- 3,831.00 GEOTECH REVIEW: WHITE BARN Ai 3,831.00 8,131.95 503655 12/15/2022 018675 MDG ASSOCIATES INC OCT LABOR COMPLIANCE SVCS 174.38 174.38 PW20-13 503656 12/15/2022 013443 MIDWEST TAPE LLC BOOKS ON TAPE: LIBRARY 228.31 228.31 Page:3 apChkLst Final Check List Page: 4 12/13/2022 2:33:20PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 503657 12/15/2022 012264 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 503658 12/15/2022 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: CIVIC CTR INC ELECTRICAL SUPPLIES: CIVIC CTR ELECTRICAL SUPPLIES: PARKS: PV\ ELECTRICAL SUPPLIES: PARKS: PV\ ELECTRICAL SUPPLIES: PARKS: PV\ 503659 12/15/2022 001868 MIYAMOTO JURKOSKY SUSAN, TCSD INSTRUCTOR EARNINGS DBA MIYAMOTO MUSIC STUDIO TCSD INSTRUCTOR EARNINGS 503660 12/15/2022 004040 MORAMARCO ANTHONY J, TCSD INSTRUCTOR EARNINGS DBA BIGFOOT GRAPHICS TCSD INSTRUCTOR EARNINGS 503661 12/15/2022 004490 MUSCO SPORTS LIGHTING LLC RELAMP OUTAGES: BIRDSALL: PW PARKS 503662 12/15/2022 002925 NAPAAUTO PARTS 503663 12/15/2022 022599 NIEVES LANDSCAPE INC 503664 12/15/2022 009337 NV5INC AUTO PARTS: STREET MAINT: PW AUTO PARTS: STREET MAINT: PW NOV LDSCP MAINT SVCS: PW PARKS NOV LDSCP MAINT SVCS: FACILITIE NOV LDSCP MAINT SVCS: PW MEDI NOV LDSCP MAINT SVCS: CRC/PAR NOV LDSCP MAINT SVCS: SLOPES: OCT PROJECT MGT SVCS: MRC PW 17-21 503665 12/15/2022 021998 OLD TOWN TIRE AND SERVICE VEHICLE REPAIRS: CODE INC ENFORCEMENT VEHICLE REPAIRS: PARKS: PW VEHICLE REPAIRS: TEM SHERIFF 503666 12/15/2022 020544 PARKHOUSE TIRE SERVICE TIRE SVC: STREET MAINT: PW INC Amount Paid 1,209.60 138.60 201.60 194.03 166.50 700.18 420.52 168.73 336.00 336.00 1,029.00 1,176.00 4,705.00 381.34 39.15 6,977.00 10,454.50 20,836.90 78,180.30 60,309.58 37, 336.25 89.28 58.34 875.21 244.88 Check Total 1,549.80 1,649.96 672.00 2,205.00 4,705.00 420.49 176, 758.28 37,336.25 1,022.83 244.88 Page:4 apChkLst Final Check List Page: 5 12/13/2022 2:33:20PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 503667 12/15/2022 005075 PRUDENTIAL OVERALL SUPPLY 503668 12/15/2022 022537 REFRIGERATION SUPPLIES, DISTRIBUTOR (Continued) Description FLOOR MATS/TOWEL RENTALS: SENIOR CENTER UNIFORM SVCS: PW STREET MAIN FLOOR MATS/TOWEL RENTALS: FO, UNIFORM SVCS: PW STREET MAIN FLOOR MATS/TOWEL RENTALS: THI FLOOR MATS/TOWEL RENTALS: CR FLOOR MATS./TOWEL RENTALS: JR UNIFORM SVCS: PW STREET MAIN FLOOR MATS/TOWEL RENTALS: FOi FLOOR MATS/TOWEL RENTALS: CR, FLOOR MATS/TOWEL RENTALS: FO, FLOOR MATS/TOWEL RENTALS: MU FLOOR MATS/TOWEL RENTALS: TC( Floor Mats/Towel Rentals: var facilities UNIFORM SVCS: STREET MAINT: Pb FLOOR MATS/TOWEL RENTALS: FOi UNIFORM SVCS: PARKS MAINT: PW MISC HVAC SUPPLIES: CRC 503669 12/15/2022 002412 RICHARDS WATSON AND NOV 2022 LEGAL SERVICES GERSHON NOV 2022 LEGAL SERVICES NOV 2022 LEGAL SERVICES NOV 2022 LEGAL SERVICES NOV 2022 LEGAL SERVICES NOV 2022 LEGAL SERVICES NOV 2022 LEGAL SERVICES NOV 2022 LEGAL SERVICES NOV 2022 LEGAL SERVICES NOV 2022 LEGAL SERVICES NOV 2022 LEGAL SERVICES 503670 12/15/2022 017549 ROSEN AND ROSEN UNIFORMS: PARKS: PW INDUSTRIES INC, DBA RAND R INDUSTRIES 503671 12/15/2022 004274 SAFE AND SECURE LOCKSMITH SVCS: PARKS: PW LOCKSMITH SRVC LOCKSMITH SVCS: PARKS: PW 503672 12/15/2022 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 12/1/22 503673 12/15/2022 013482 SILVERMAN ENTERPRISES SECURITY AT SPECIAL EVENTS:TCSD INC, DBA BAS SECURITY 11/14- 12/4 SECURITY: ROTATING P/ Amount Paid Check Total 23.15 44.18 9.70 44.18 9.10 29.51 8.28 44.18 9.70 29.51 9.70 11.37 12.96 8.28 44.18 10.28 64.91 422.77 276.00 1,767.47 147.50 5,370.92 177.00 4,753.64 253.00 13,039.71 1,087.00 796.50 413.00 1.159.58 22.83 42.73 483.00 1,135.60 3,567.00 413.17 422.77 28, 081.74 1.159.58 65.56 483.00 4,702.60 Page:5 apChkLst Final Check List Page: 6 12/13/2022 2:33:20PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor (Continued) Description 503674 12/15/2022 003840 STRONG'S PAINTING PREP & PAINT RESTROOMS AT PBSP PARKS 503675 12/15/2022 000668 TIMMY D PRODUCTIONS INC DJ/MC SOUND SVCS: SANTA PARADE 503676 12/15/2022 021603 TITAN RENTALS GROUP INC, RENTALS: SPECIAL EVENTS: TCSD TITAN TENT & EVENT RENTAL 503677 12/15/2022 021549 EMPLOYEE #00534 REIMB: TEAM PACE 503678 12/15/2022 008977 VALLEY EVENTS INC RENTALS: TREE LIGHTING: TCSD 503679 12/15/2022 009101 VISION ONE INC, DBA ACCESSO 503680 12/15/2022 018147 WADDLETON, JEFFREY L. 503681 12/15/2022 014315 EMPLOYEE #00473 NOV SHOWARE TICKETING SVCS THEATER DJ/MC SOUND SVCS: SANTA PARADE DJ/MC SVCS: HIGH HOPES EVENTS DJ/MC SVCS: NAT'L PREP FAIR: TCE DJ/MC SVCS: HIGH HOPES: TCSD DJ/MC SVCS: SPECIAL EVENTS: TC: REIMB: LODGING: HOMELESS CLIENT Amount Paid 3,000.00 6,635.00 658.82 499.15 400.00 4,675.00 1,125.00 525.00 700.00 525.00 525.00 72.66 Check Total 3.000.00 6,635.00 658.82 499.15 400.00 4,675.00 3,400.00 72.66 Grand total for EFT UNION BANK: 525,349.27 Page.-6 apChkLst Final Check List Page: 7 12/13/2022 2:33:20PM CITY OF TEMECULA 63 checks in this report. Grand Total All Checks: 525,349.27 Page:7 apChkLst 12/15/2022 1:47:12PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 14467 10/20/2022 002390 EASTERN MUNICIPAL WATER SEP WATER SVCS: 32131 SOUTH 52.96 52.96 DIST LOOP RD 14468 10/20/2022 002390 EASTERN MUNICIPAL WATER SEP WATER SVCS: 31991 RORIPAUGH 108.06 108.06 DIST VALLEY 14469 10/20/2022 002390 EASTERN MUNICIPAL WATER SEP WATER SVCS: 39656 DIEGO DR 129.92 129.92 DIST 14470 10/20/2022 002390 EASTERN MUNICIPAL WATER SEP WATER SVCS: 32131 SOUTH 145.12 145.12 DIST LOOP RD 14472 10/20/2022 002390 EASTERN MUNICIPAL WATER SEP WATER SVCS: 32131 SOUTH 2O3.86 203.86 DIST LOOP RD 14473 10/20/2022 002390 EASTERN MUNICIPAL WATER SEP WATER SVCS: 31991 RORIPAUGH 1,924.24 1,924.24 DIST VALLEY R 14474 10/20/2022 002390 EASTERN MUNICIPAL WATER SEP WATER SVCS: 0 SOMMERS BEND 7,064.90 7,064.90 DIST 14475 10/24/2022 002390 EASTERN MUNICIPAL WATER SEP WATER SVCS MURRIETA HOT 55.47 55.47 DIST SPRINGS RD 14476 10/24/2022 002390 EASTERN MUNICIPAL WATER SEP WATER SVCS MURRIETA HOT 275.73 275.73 DIST SPRINGS RD 14477 10/24/2022 002390 EASTERN MUNICIPAL WATER SEP WATER SVCS 39569 SERAPHINA 440.66 440.66 DIST RD 14521 12/6/2022 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT 140,689.98 140,689.98 RETIREMENT) 14526 10/28/2022 010276 TIME WARNER CABLE OCT INTERNET SVCS: 32380 DEER 934.94 934.94 HOLLOW WY 14527 10/27/2022 018858 FRONTIER CALIFORNIA INC OCT INTERNET SVCS: SKATE PARK/SR 190.14 190.14 CTR 14528 11/3/2022 018858 FRONTIER CALIFORNIA INC OCT INTERNET SVCS: STA 73 171.84 171.84 14529 11/3/2022 018858 FRONTIER CALIFORNIA INC OCT INTERNET SVCS: LIBRARY 249.99 249.99 14530 11/1/2022 018858 FRONTIER CALIFORNIA INC OCT INTERNET SVCS: CITY HALL 81.09 81.09 Page:1 apChkLst Final Check List Page: 2 12/15/2022 1:47:12PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 14531 11/1/2022 018858 FRONTIER CALIFORNIA INC OCT INTERNET SVCS: CITY HALL 85.06 85.06 14532 11/1/2022 018858 FRONTIER CALIFORNIA INC OCT INTERNET SVCS: SENIOR 150.98 150.98 CENTER 14533 11/1/2022 018858 FRONTIER CALIFORNIA INC OCT INTERNET SVCS: COMMUNITY 151.86 151.86 CTR 14534 11/1/2022 018858 FRONTIER CALIFORNIA INC OCT INTERNET SVCS: CITY HALL 284.01 284.01 14535 11/1/2022 018858 FRONTIER CALIFORNIA INC OCT INTERNET SVCS: CITY HALL 2,229.47 2,229.47 14536 11/1/2022 018858 FRONTIER CALIFORNIA INC OCT INTERNET SVCS: CITY HALL 5,300.01 5,300.01 14537 11/2/2022 010276 TIME WARNER CABLE OCT INTERNET SVCS: 29119 1,200.00 1,200.00 MARGARITA 14538 10/31/2022 010276 TIME WARNER CABLE OCT INTERNET SVCS: 28922 PUJOL ST 600.91 600.91 14541 11/16/2022 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS: EOC 165.72 165.72 14542 11/25/2022 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS: DMV LINE 105.98 105.98 14543 11/23/2022 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS: CHILDREN'S 130.98 130.98 MUSEUM 14544 11/10/2022 018858 FRONTIER CALIFORNIA INC OCT INTERNET SVCS: THEATER 201.15 201.15 14545 12/1/2022 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS: CITY HALL 87.53 87.53 14546 12/1/2022 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS: CITY HALL 91.50 91.50 14547 12/1/2022 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS: COMMUNITY 151.86 151.86 CENTER 14548 12/1/2022 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS: SENIOR 209.14 209.14 CENTER 14549 12/1/2022 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS: CITY HALL 290.51 290.51 Paget apChkLst 12/15/2022 1:47:12PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 14551 12/1/2022 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS: CITY HALL 5,411.21 5,411.21 14552 11/29/2022 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS: SKATE PARK & 196.58 196.58 SENIOR 14557 11/28/2022 010276 TIME WARNER CABLE NOV INTERNET SVCS: 41000 MAIN ST 54.79 54.79 14558 11/28/2022 010276 TIME WARNER CABLE NOV INTERNET SVCS: 42569 790.00 790.00 MARGARITA 14559 11/29/2022 010276 TIME WARNER CABLE NOV INTERNET SVCS: 41845 6TH ST 600.91 600.91 14560 11/29/2022 010276 TIME WARNER CABLE NOV INTERNET SVCS: 28922 PUJOL ST 600.91 600.91 14561 11/16/2022 010276 TIME WARNER CABLE NOV INTERNET SVCS: 41000 MAIN ST 1,095.68 1,095.68 14562 11/25/2022 010276 TIME WARNER CABLE NOV INTERNET SVCS: 30875 RANCHO 790.00 790.00 VISTA 14563 11/25/2022 010276 TIME WARNER CABLE NOV INTERNET SVCS: 32380 DEER 790.00 790.00 HOLLOW WY 14564 11/18/2022 010276 TIME WARNER CABLE NOV INTERNET SVCS: 28816 PUJOL ST 600.91 600.91 14565 11/15/2022 010276 TIME WARNER CABLE NOV INTERNET SVCS: 40820 5.34 5.34 WINCHESTER 14566 11/23/2022 010276 TIME WARNER CABLE NOV INTERNET SVCS: 30600 PAUBA 623.62 623.62 RD 14567 11/4/2022 010276 TIME WARNER CABLE NOV INTERNET SVCS: OTA: 32364 119.99 119.99 OVERLAND 14568 11/4/2022 010276 TIME WARNER CABLE NOV INTERNET SVCS: 28300 600.91 600.91 MERCEDES 14569 11/7/2022 001212 SO CALIF GAS COMPANY OCT 125-244-2108-3: 30600 PAUBA RD 72.88 72.88 14570 11/7/2022 001212 SO CALIF GAS COMPANY OCT 095-167-7907-2: 30650 PAUBA RD 141.24 141.24 14571 11/14/2022 001212 SO CALIF GAS COMPANY OCT 117-188-6393-6: 32131 S LOOP 112.22 112.22 Page:3 apChkLst 12/15/2022 1:47:12PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 14572 11/10/2022 001212 SO CALIF GAS COMPANY OCT 101-525-1560-6: 27415 116.65 116.65 ENTERPRISE 14574 12/8/2022 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 138.92 138.92 SUPPORT 14575 12/8/2022 017429 COBRAADVANTAGE INC, DBA CHILD CARE REIMBURSEMENT FSA 23,572.33 23,572.33 THE ADVANTAGE GROUP PAYMENT 14576 12/8/2022 021301 I C M A RETIREMENT -PLAN ICMA- 401(A) RETIREMENT PLAN 384.62 384.62 106474 PAYMENT 14577 12/8/2022 000194 I C M A RETIREMENT -PLAN ICMA-RC RETIREMENT TRUST 457 17,602.15 17,602.15 303355 PAYMENT 14578 12/8/2022 000444 INSTATAX (EDD) STATE TAX PAYMENT 42,147.46 42,147.46 14579 12/8/2022 000283 INSTATAX (IRS) FEDERAL TAX PAYMENT 124,420.00 124,420.00 14580 12/8/2022 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 13,499.21 13,499.21 SOLUTION 14581 12/8/2022 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT 427.79 427.79 SOLUTION PAYMENT 14582 12/8/2022 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT 3,557.80 3,557.80 SOLUTION PAYMENT 14583 12/7/2022 000245 PERS - HEALTH INSUR PERS HEALTH PAYMENT 0.00 PREMIUM PERS HEALTH PAYMENT 163,861.19 163,861.19 14585 12/7/2022 017432 EYEMED VISION CARE VISION PLAN PAYMENT 1,876.42 1,876.42 210890 12/15/2022 001517 AETNA BEHAVIORAL HEALTH DEC EMPLOYEE ASSISTANCE PRGM: 1,333.20 1,333.20 LLC, DBA AETNA RESOURCES HR 210891 12/15/2022 006915 ALLIES PARTY EQUIPMENT, LINENS RENTAL: RECOGNITION: CITY 370.67 370.67 RENTAL INC MGR 210892 12/15/2022 000101 APPLE ONE INC NOV TEMP HELP: FIRE DEPT 2,752.32 NOV TEMP HELP: COMM DEV 2,227.68 4,980.00 210893 12/15/2022 001323 BLUETRITON BRANDS INC, 9/23-10/22 WTR DLVRY SVC: TES POOL 28.69 28.69 DBA READYREFRESH Page:4 apChkLst Final Check List Page: 5 12/15/2022 1:47:12PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 210894 12/15/2022 003138 CAL MAT, DBA VULCAN ASPHALT SUPPLIES: STREET MAINT: 638.23 MATERIALS CO PW ASPHALT SUPPLIES: STREET MAIN- 206.80 845.03 210895 12/15/2022 010939 CALIF DEPT OF INDUSTRIAL, 157047 ELEVATOR INSP:28690 225.00 RELATIONS MERCEDES 157049 ELEVATOR INSP: PARKING C 225.00 157048 ELEVATOR INSP:28690 MER( 225.00 675.00 210896 12/15/2022 009640 CERTIFION CORP DBA NOV ONLINE DATABASE SUBSCR: 203.50 203.50 ENTERSECT POLICE 210897 12/15/2022 017429 COBRAADVANTAGE INC, DBA NOV FSA/COBRA ADMIN FEES: HR 639.70 639.70 THE ADVANTAGE GROUP 210898 12/15/2022 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 350.00 350.00 210899 12/15/2022 001264 COSTCO TEMECULA 491 SPECIAL EVENT SUPPLIES: PREV: 130.57 FIRE SPECIAL EVENT SUPPLIES: PREV: F 330.43 SPECIAL EVENT SUPPLIES: PREV: F 552.33 1,013.33 210900 12/15/2022 004329 COSTCO TEMECULA 491 EVENT SUPPLIES: MPSC/HUMAN 634.30 SVCS PGM Misc Supplies for Special Events: TCS 264.78 899.08 210901 12/15/2022 013109 EMPLOYEE #00347 REIMB: TEAM PACE 250.00 250.00 210902 12/15/2022 021859 EXP US SERVICES INC CONSULTANT SVCS: SANTA 11,666.21 11,666.21 GERTRUDIS CRK TRA 210903 12/15/2022 000165 FEDERAL EXPRESS INC EXPRESS MAIL SVCS: CITY CLERK 33.34 33.34 210904 12/15/2022 022832 GEOTAB USA INC VEHICLE TELEMATICS: CITY FLEET 1,501.00 1,501.00 210905 12/15/2022 009608 GOLDEN VALLEY MUSIC ENTERTAINMENT: CLASSICS AT THE 7,600.00 7,600.00 SOCIETY, DBA CA CHAMBER MERC ORCHESTRA 210906 12/15/2022 000186 HANKS HARDWARE INC MISC MAINT SUPPLIES: FOC 131.48 MISC MAINT SUPPLIES: OLD TOWN 381.53 MISC MAINT SUPPLIES: THEATER 277.31 MISC MAINT SUPPLIES: LIBRARY 2.49 MISC MAINT SUPPLIES: CHILDREN': 174.89 967.70 210907 12/15/2022 001013 HINDERLITER DE LLAMAS & QTR 2/2022 MEASURE S SALES TAX 35,103.10 ASSOC AUDIT OCT-DEC SALES TAX & RECOVERY 9,423.58 44,526.68 210908 12/15/2022 022946 EMPLOYEE #07115 REIMB: TEAM PACE: HR 250.00 250.00 Page:5 apChkLst 12/15/2022 1:47:12PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 210909 12/15/2022 003198 HOME DEPOT SHELTER SHELVING EQUIPMENT: EOC -1,300.65 SUPPLIES: SHELVING: ECO 514.21 SHELTER SHELVING EQUIPMENT: E 1,984.27 1,197.83 210910 12/15/2022 022017 JETE'S PRODUCTS LLC TIX SALES: NUTCRACKER 12/1-12/4 3,813.46 3,813.46 210911 12/15/2022 021896 JP HANDMADE CORP, DBA BUSINESS CARDS: FIRE DEPT 92.44 92.44 MINUTEMAN PRESS 210912 12/15/2022 022993 EMPLOYEE #00626 REIMB: UNIFORMS: BLDG & SAFETY 95.00 95.00 210913 12/15/2022 001091 KEYSER MARSTON ON CALL CONSULTANT SVCS: 5,427.50 5,427.50 ASSOCIATES INC PLANNING 210914 12/15/2022 017118 KRACH BREE B, DBA RECOGNITION: TCC: AWARDS: EOC VOID TEMECULA TROPHY & DES ENGRAVING SVCS: CITY COUNCIL VOID NAME BADGES: ECO DEV VOID VOID 210915 12/15/2022 022747 LAMB GREG, WOOD FIRE RFRSHMNTS: EMPLOYEE OF THE QTR 5,139.00 5,139.00 PIZZA WAGON EVENT 210916 12/15/2022 003782 MAIN STREET SIGNS, DBA SIGNS & SUPPLIES: STREETS: PW 42.99 ATHACO INC SIGNS & SUPPLIES: STREETS: PW 7,297.10 SIGNS & SUPPLIES: STREETS: PW 2,148.48 9,488.57 210917 12/15/2022 011956 EMPLOYEE #00438 REIMB: TEAM PACE 260.98 260.98 210918 12/15/2022 022963 EMPLOYEE #00595 REIMB: TEAM PACE 227.37 227.37 210919 12/15/2022 023142 MONSIDO LLC WEBSITE SCANNING SOFTWARE: 2,150.00 2,150.00 INFO TECH 210920 12/15/2022 006140 NORTH JEFFERSON BUSINESS JAN-MAR'23 ASSN DUES 3561 #20 FV 722.04 PARK JAN-MAR'23 ASSN DUES 3561 #19 F 694.58 JAN-MAR'23 ASSN DUES 3561 #17 F 531.43 JAN-MAR'23 ASSN DUES 3561 #16 F 571.82 2,519.87 210921 12/15/2022 021515 EMPLOYEE #00587 REIMB: TEAM PACE 237.88 237.88 210922 12/15/2022 020544 PARKHOUSE TIRE SERVICE TIRE SVC: STREET MAINT: PW 443.53 443.53 INC 210923 12/15/2022 021458 PENFOLD'S CAFE INC, DBA RFRSHMNTS: DEC EVENTS: MPSC 432.83 432.83 PENFOLD'S CAFE Page:6 apChkLst Final Check List Page: 7 12/15/2022 1:47:12PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 210924 12/15/2022 017720 PERPETUAL PARKS & SWING HARDWARE: RRSP: PARKS 150.00 150.00 PLAYGROUNDS 210925 12/15/2022 000249 PETTY CASH PETTY CASH REIMBURSEMENT 850.25 850.25 210926 12/15/2022 000254 PRESS ENTERPRISE ONLINE SUBSCRIPTION: PW 709.60 709.60 COMPANY INC 210927 12/15/2022 011952 RAID HATTER, THE, AKA RAD HATTER: SPECIAL EVENTS: TCSD 1,380.00 1,380.00 ANTONIO MELENDEZ 210928 12/15/2022 012984 ROTARY CLUB OF OLD TOWN POINSETTIAS: CITY MGR 630.00 630.00 210929 12/15/2022 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: PUESKA MTN 675.00 PRESTON DAY PHOTOGRAPHY SVCS: CNCL MEMB 225.00 900.00 210930 12/15/2022 021309 SB&O INC ADATRANSITION PLAN: PW18-16: CIP 2,896.00 2,896.00 210931 12/15/2022 000519 SOUTH COUNTY PEST PEST CONTROL SVCS: 123.00 CONTROL INC TCC/PANTRY/SAFE PEST CONTROL SVCS: MUSEUM 42.00 PEST CONTROL SVCS: WEDDING C 32.00 PEST CONTROL SVCS: RRSP 188.00 PEST CONTROL SVCS: CRC 90.00 PEST CONTROL SVCS: STA 12 74.00 549.00 210932 12/15/2022 013935 SOUTHERN CALIFORNIA UTILITY RELOCATION: I-15/FV PKWY 969,664.49 969,664.49 EDISON CO IMPROVM 210933 12/15/2022 013331 STUDENT OF THE MONTH CC DISCRETIONARY FUNDS: ME 1,500.00 1,500.00 PRGM, INC 210934 12/15/2022 009061 STURDIVANT, ANGELA P TCSD INSTRUCTOR EARNINGS 367.50 367.50 210935 12/15/2022 008373 SUNBELT RENTALS INC TOWER/POWER RENTALS: SPEC 198.53 198.53 EVENTS:TCSD 210936 12/15/2022 000515 TEMECULA VALLEY CHAMBER TVCC SPONSORSHIP FUNDS: ECON 50,000.00 50,000.00 OF, COMMERCE DEV 210937 12/15/2022 005970 TEMECULA VALLEY STTLMNT: ACHRISTMAS CAROL: 41,801.72 41,801.72 PLAYHOUSE, DBA TEMECULA 12/1-12/11 VLY PLAYERS 210938 12/15/2022 021031 EMPLOYEE #00563 REIMB: MILEAGE: TRAINING 165.88 165.88 Page:7 apChkLst Final Check List Page: 8 12/15/2022 1:47:12PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 210939 12/15/2022 007987 WALMART (Continued) Description MISC SUPPLIES: CRC: TCSD Amount Paid 323.61 Grand total for UNION BANK: Void Check 210914 Revised Grand total for UNION BANK Check Total 323.61 1, 750, 397.11 283.94 1.750.113.27 Page:8 apChkLst Final Check List Page: 9 12/15/2022 1:47:12PM CITY OF TEMECULA 112 checks in this report. Grand Total All Checks: 1,750,397.11 Page:9 apChkLst Final Check List Page: 1 12/21/2022 5:02:42PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description 211007 12/21/2022 000161 TYLER TECHNOLOGIES, INC CITY PUBLIC MOBILE APP: INFO TECH MUNIS MIGRATION SVCS: FINANCE 211008 12/21/2022 014850 VALLEY PRINTING SERVICES, PRINTING SVCS: CITY COUNCIL INC. 211009 12/21/2022 001890 VORTEX INDUSTRIES INC BAY DOOR REPAIR: FIRE STA 84 211010 12/21/2022 007987 WALMART MISC SUPPLIES: AQUAITICS: TCSD 211011 12/21/2022 000339 WEST PUBLISHING NOV CLEAR SUBSCRIPTION: TEM CORPORATION, SHERIFF DBA:THOMSON REUTERS Amount Paid Check Total 6,945.75 1,950.79 1,013.55 1,025.90 166.24 1.053.45 211012 12/21/2022 021148 WEX BANK 11/07-12/06 FUEL USAGE: POLICE 2,550.86 211013 12/21/2022 000341 WILLDAN ASSOCIATES INC TRAFFIC ENGINEERING SVCS: 612.50 211014 12/21/2022 013938 WOODSIDE 05S, LP 211015 12/21/2022 013938 WOODSIDE O5S, LP TRAFFIC: PW BOND REL INSPECTION LD-000244008 50,000.00 BOND REL INSPECTION LD-000244009 50,000.00 Grand total for UNION BANK: 8,896.54 1,013.55 1,025.90 166.24 1,053.45 2,550.86 612.50 50,000.00 50,000.00 115,319.04 Page:1 apChkLst Final Check List Page: 2 12/21/2022 5:02:42PM CITY OF TEMECULA 9 checks in this report. Grand Total All Checks: 115,319.04 Paget apChkLst Final Check List Page: 1 12/20/2022 4:35:33PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 503682 12/22/2022 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING/MAINT: THEATER DBA, ALLEGRO PIANO SERVICE 503683 12/22/2022 007282 AMAZON CAPITAL SERVICES MISC SUPPLIES: SPORTS: TCSD INC MISC SUPPLIES: EXPLORERS: FIRE MISC SUPPLIES: CHIEF/BC: FIRE RFRSHMNTS: CONF ROOM: HR REC SUPPLIES: CRC: TCSD MISC SUPPLIES: EXPLORERS: FIRE MISC OFC SUPPLIES: TEM SHERIFF MISC OFC SUPPLIES: CITY MGR MISC OFC SUPPLIES: FIRE MISC BOOKS: RHRTPL: TCSD MISC OFC SUPPLIES: FINANCE MISC OFC SUPPLIES: HR MISC OFC SUPPLIES: TVM: TCSD MISC OFC SUPPLIES: CITY CLERK 503684 12/22/2022 004240 AMERICAN FORENSIC NURSES DRUG/ALCOHOL ANALYSIS: TEM AFN SHERIFF 503685 12/22/2022 020691 ANN M HOWELL, DBAANN MILITARY BANNER PROGRAM: TCSD HOWELL DESIGN 503686 12/22/2022 013950 AQUA CHILL OF SAN DIEGO 503687 12/22/2022 021400 AYERS ELECTRIC INC 503688 12/22/2022 017149 B G P RECREATION INC 503689 12/22/2022 018408 BOB CALLAHAN'S POOL SERVICE DEC DRINKING WTR SYS MAINT: CIVIC CTR DEC DRINKING WTR SYS MAINT: SF NOV DRINKING WTR SYS MAINT: A( NOV DRINKING WTR SYS MAINT: Al DEC DRINKING WTR SYS MAINT: S3 DEC DRINKING WTR SYS MAINT: MI NOV DRINKING WTR SYS MAINT: T\ DEC DRINKING WTR SYS MAINT: LII DEC DRINKING WTR SYS MAINT: TI- DEC DRINKING WTR SYS MAINT: W DEC DRINKING WTR SYS MAINT: JF DEC DRINKING WTR SYS MAINT: H/ ELECTRICAL WORK: DUCK POND ELECTRICAL MAINT SVCS: WOLF CI TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS DEC POOL MAINT: CRC & TES POOL DEC POOL MAINT: OLD TOWN FOUP Amount Paid Check Total 280.00 1,937.88 745.92 289.95 190.29 170.05 159.84 96.96 94.37 44.12 41.85 29.57 26.90 20.64 -130.49 377.83 191.25 213.97 69.60 68.96 62.53 62.53 35.89 28.55 28.55 28.55 28.55 28.55 28.28 1,150.00 200.00 1,999.20 1,881.60 1,100.00 950.00 280.00 3,717.85 377.83 191.25 684.51 1,350.00 3,880.80 2,050.00 Page:1 apChkLst Final Check List Page: 2 12/20/2022 4:35:33PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 503690 12/22/2022 022651 BRAND ASSASSINS OLD TOWN TEM WAYFINDING 13,750.00 SIGNAGE GROUNDBREAKING SIGNAGE: ECO 2,718.75 CREDIT: PAID INCORRECT VENDOR -191.25 16,277.50 503691 12/22/2022 022948 BRYANT, ROBERT TCSD INSTRUCTOR EARNINGS 1,255.80 TCSD INSTRUCTOR EARNINGS 772.80 TCSD INSTRUCTOR EARNINGS 420.00 TCSD INSTRUCTOR EARNINGS 386.40 TCSD INSTRUCTOR EARNINGS 367.50 3,202.50 503692 12/22/2022 004462 CDW LLC, DBACDW WIRELESS ACCESS POINTS: 2,745.40 GOVERNMENT LLC SOMMERS BEND MISC SMALL TOOLS & EQUIP: IT 943.53 WIRELESS ACCESS POINTS: SOMM 815.39 MISC SMALL TOOLS & EQUIP: INFO 616.26 MISC SMALL TOOLS & EQUIP: IT 473.81 MISC SMALL TOOLS & EQUIP: IT 85.36 5,679.75 503693 12/22/2022 000442 COMPUTER ALERT SYSTEMS OCT-DEC ALARM SYS MONITORING: 225.00 SPORTS FIR JAN-MAR ALARM SYS MONITORING 225.00 OCT-DEC ALARM SYS MONITORING 120.00 OCT-DEC ALARM SYS MONITORING 120.00 JAN-MAR ALARM SYS MONITORING 120.00 JAN-MAR ALARM SYS MONITORING 120.00 930.00 503694 12/22/2022 010461 DEMCO INC MISC SUPPLIES: RHRTPL: TCSD 87.26 87.26 503695 12/22/2022 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOMS: RANCHO 5,020.00 SRVCS VISTA RD PORTABLE RESTROOMS: VAIL RANI 165.88 PORTABLE RESTROOMS: LA SEREI` 110.88 PORTABLE RESTROOMS: LONG CAI 110.88 PORTABLE RESTROOMS: RIVERTOI 110.88 5,518.52 503696 12/22/2022 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARKS 1,690.65 MAINT: PW FUEL FOR CITY VEHICLES: STREET 1,193.77 FUEL FOR CITY VEHICLES: TRAFFIC 331.52 FUEL FOR CITY VEHICLES: TCSD 244.10 FUEL FOR CITY VEHICLES: CIP: PW 211.77 FUEL FOR CITY VEHICLES: POLICE 135.54 3,807.35 503697 12/22/2022 012217 DUDEK CONSULTANT SVCS: CITYWIDE 11,035.00 DRAINAGE PLAN NOV URBAN FOREST MGMT PLAN 8 577.50 11,612.50 Paget apChkLst Final Check List Page: 3 12/20/2022 4:35:33PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 503698 12/22/2022 004068 ECALDRE MANALILI-DE VILLA, TCSD INSTRUCTOR EARNINGS 441.00 AILEEN TCSD INSTRUCTOR EARNINGS 399.00 TCSD INSTRUCTOR EARNINGS 332.50 TCSD INSTRUCTOR EARNINGS 252.70 TCSD INSTRUCTOR EARNINGS 159.60 1,584.80 503699 12/22/2022 002577 ENGINEERING RESOURCES, ENG SVCS: BIKE TRAIL PRGM: 5,339.00 5,339.00 OF SOUTHERN CALIF., INC. PW19-11 503700 12/22/2022 020921 EMPLOYEE #00539 REIMB: EMPLOYEE WELLNESS 100.00 100.00 503701 12/22/2022 022726 FORENSIC NURSES OF SOCAL SART EXAMS: TEM SHERIFF 800.00 INC SART EXAMS: TEM SHERIFF 800.00 1,600.00 503702 12/22/2022 003792 GRAINGER MISC MAINT SUPPLIES: STREETS: PW 151.56 151.56 503703 12/22/2022 006250 HAZ MAT TRANS INC HAZ MAT SERVICES: ABANDONED 2,595.88 2,595.88 WASTE 503704 12/22/2022 001135 HEALTHPOINTE MEDICAL MEDICAL SCREENINGS: HR 315.00 GROUP INC, DBA: FIRST CARE INDUSTRIA MEDICAL SCREENINGS: HR 195.00 510.00 503705 12/22/2022 022847 EMPLOYEE #00612 REIMB: CAL CITIES MUNICIPAL FIN 1,178.27 1,178.27 CONF 503706 12/22/2022 000482 LEIGHTON CONSULTING INC GEOTECH & MATERIALS TESTING 1,284.30 1,284.30 SVS: PW18-11 503707 12/22/2022 022664 MARIPOSA TREE ANNUAL TREE TRIMMING: ROW: 7,989.98 MANAGEMENT INC PARKS ANNUAL TREE TRIMMING: TCC: PAF 2,121.00 ANNUAL TREE TRIMMING: MEDIAN 1,086.52 TREE SVCS: F-17 ELM PRUNING: PP 1,010.00 ANNUAL TREE TRIMMING: ROW: PA 755.84 12,963.34 503708 12/22/2022 020907 MICHELLE MEDINA, DBA TCSD INSTRUCTOR EARNINGS 1,309.00 MICHELLE Q MEDINA TCSD INSTRUCTOR EARNINGS 1,270.50 2,579.50 503709 12/22/2022 004951 MIKE'S PRECISION WELDING WELDING SVCS: WELCOME CTR: PW 1,440.00 1,440.00 INC 503710 12/22/2022 004040 MORAMARCO ANTHONY J, BUILDING SIGNAGE: TCSD 1,300.00 1,300.00 DBA BIGFOOT GRAPHICS 503711 12/22/2022 019019 MUSIC CONNECTION LLC SPEAKEASY @ THE MERC 12.10 758.80 758.80 Page:3 apChkLst Final Check List Page: 4 12/20/2022 4:35:33PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 503712 12/22/2022 022599 NIEVES LANDSCAPE INC (Continued) Description Amount Paid NOV LDSCP MAINT SVCS: PARKS: PW 57,628.50 Check Total 57.628.50 503713 12/22/2022 005075 PRUDENTIAL OVERALL UNIFORM SVCS: PARKS MAINT: PW 97.39 SUPPLY FLOOR MATS/TOWEL RENTALS: FO, 10.28 107.67 503714 12/22/2022 002412 RICHARDS WATSON AND NOV 2022 LEGAL SERVICES 23,532.14 GERSHON NOV 2022 LEGAL SERVICES 5,007.50 NOV 2022 LEGAL SERVICES 4,709.00 NOV 2022 LEGAL SERVICES 4,454.25 NOV 2022 LEGAL SERVICES 2,725.21 NOV 2022 LEGAL SERVICES 1,914.50 NOV 2022 LEGAL SERVICES 1,901.50 NOV 2022 LEGAL SERVICES 1,093.46 NOV 2022 LEGAL SERVICES 324.50 NOV 2022 LEGAL SERVICES 155.00 NOV 2022 LEGAL SERVICES 132.50 NOV 2022 LEGAL SERVICES 53.00 NOV 2022 LEGAL SERVICES 29.50 NOV 2022 LEGAL SERVICES 26.50 46,058.56 503715 12/22/2022 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 12/08/22 371.00 371.00 503716 12/22/2022 017415 TK ELEVATOR CORPORATION OCT-DEC ELEVATOR MAINT SVCS: 5,359.20 5,359.20 CITY FACS Grand total for EFT UNION BANK: 202,558.00 Page:4 apChkLst Final Check List Page: 5 12/20/2022 4:35:33PM CITY OF TEMECULA 35 checks in this report. Grand Total All Checks: 202,558.00 Page:5 apChkLst 12/21/2022 4:19:09PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 14586 12/13/2022 020062 MEDLINE INDUSTRIES INC QE SEP 2022 SALES TAX PHS 326,484.00 326,484.00 14593 12/9/2022 006887 UNION BANK OF CALIFORNIA 008956 PANERA BREAD RFRSHMNTS: TEAM PACE 628.34 628.34 14606 12/22/2022 000444 INSTATAX (EDD) STATE TAX PAYMENT 42,730.99 42,730.99 14607 12/22/2022 000283 INSTATAX (IRS) FEDERAL TAX PAYMENT 125,693.14 125,693.14 210940 12/22/2022 021668 A LAU LANGUAGE LLC INTERPRETING SVCS: CITY CLERK 400.00 400.00 210941 12/22/2022 003552 AFLAC PREMIUM HOLDING, AFLAC ACCIDENT INDEMNITY 3,102.04 3,102.04 C/O BNB BANK LOCKBOX PAYMENT 210942 12/22/2022 010905 ALLIED TRAFFIC & LIGHT TOWER RENTALS: SANTA 480.00 480.00 EQUIPMENT, RENTALS INC PARADE 210943 12/22/2022 000101 APPLE ONE INC NOV TEMP HELP: FINANCE 11,255.60 11,255.60 210944 12/22/2022 007065 B&H PHOTO & ELECTRONICS MISC AV EQUIPMENT: PEG 434.20 CORP MISC AV EQUIPMENT: INFO TECH -106.01 328.19 210945 12/22/2022 015592 BAMM PROMOTIONAL STAFF UNIFORMS: INFO TECH 101.27 101.27 PRODUCTS INC 210946 12/22/2022 011348 BONCOR WATER SYSTEMS 12/8/22-1/4/23 WTR FILTER: FIRE STA 330.00 330.00 LLC, DBA SUNSHINE WATER 73 SOFT 210947 12/22/2022 009847 CALIFORNIA PRESENTERS RENEWAL MEMBERSHIP: TCSD 200.00 200.00 210948 12/22/2022 003775 CHAPARRAL HIGH SCHOOL HOLIDAY PARADE STIPEND: TCSD 200.00 200.00 210949 12/22/2022 014521 COSTAR REALTY DEC'22 WEB SUBSCRIPTION: ECO 1,296.00 1,296.00 INFORMATION INC DEV 210950 12/22/2022 004194 D L T SOLUTIONS, LLC AUTOCAD RENEWAL: PUBLIC WORKS 6,904.84 6,904.84 210951 12/22/2022 001233 DANS FEED AND SEED INC MISC SUPPLIES: STREET MAINT: PW 150.97 MISC SUPPLIES: STREET MAINT: P� 33.16 184.13 Page:1 apChkLst 12/21/2022 4:19:09PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 210952 12/22/2022 008943 DEPT OF GENERAL SERVICES ADMIN HEARING: THE BANK 266.25 266.25 (DGS) 210953 12/22/2022 013939 DOROTHY MCELHINNEY HOLIDAY PARADE STIPEND: TCSD 200.00 200.00 MIDDLE SCH. 210954 12/22/2022 022798 DS SERVICES OF AMERICA WATER DELIVERY: CMO 58.94 58.94 INC, SPARKLETTS 210955 12/22/2022 000165 FEDERAL EXPRESS INC EXP MAIL SVCS: CITY CLERK 17.56 17.56 210956 12/22/2022 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 210957 12/22/2022 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING SUPPLIES: 452.57 452.57 THEATER 210958 12/22/2022 009608 GOLDEN VALLEY MUSIC STTLMNT: CLASSICS AT THE MERC: 1,008.00 1,008.00 SOCIETY, DBA CA CHAMBER 12/11/22 ORCHESTRA 210959 12/22/2022 008444 GREAT OAK HIGH SCHOOL HOLIDAY PARADE STIPEND: TCSD 200.00 200.00 210960 12/22/2022 023050 GREENLIGHT FOR GOOD INC STTLMNT: CHRIS MOZY; HENDRI & 305.00 305.00 JONNY MILL 210961 12/22/2022 000186 HANKS HARDWARE INC MISC MAINT SUPPLIES: STREETS: PW 1,296.84 MISC MAINT SUPPLIES: FIRE DEPT 441.73 MISC MAINT SUPPLIES: TRAFFIC: P' 56.90 1,795.47 210962 12/22/2022 000501 INTL INSTITUTE OF MUNICIPAL, MEMBERSHIP RENEWAL: CITY CLERK 225.00 225.00 CLERKS 210963 12/22/2022 022841 INTL. DANCE ASSOC OF SD PERFORMANCE: FOLK DANCERS: TVM 250.00 250.00 COUNTY, DBATHE PERFORMING FOLK 210964 12/22/2022 021896 JP HANDMADE CORP, DBA BUSINESS CARDS: CIP: PW 245.46 245.46 MINUTEMAN PRESS 210965 12/22/2022 016257 KELLY SPICERS INC, DBA WHITE COPY PAPER: CENTRAL SVCS 2,347.37 KELLY SPICERS STORES MISC PAPER SUPPLIES: CENTRAL 1,781.33 4,128.70 210966 12/22/2022 017118 KRACH BREE B, DBA EMPLOYEE RECOGNITION AWARDS: 53.29 TEMECULA TROPHY & DES HR PLAQUE ENGRAVING: CITY CLERK 16.31 69.60 Paget apChkLst Final Check List Page: 3 12/21/2022 4:19:09PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 210967 12/22/2022 004905 LIEBERT, CASSIDYAND REGIST: CONFERENCE: HR 950.00 WHITMORE OCT HR LEGAL SVCS FOR TE060-OC 945.50 REGIST: CONFERENCE: HR 350.00 OCT HR LEGAL SVCS FOR TE060-OC 122.00 2,367.50 210968 12/22/2022 022980 MCFARLAND NELSON, BRYANT PLEIN AIR COMPETITION:TCSD TVM:- 100.00 100.00 210969 12/22/2022 000727 NATIONAL FIRE PROTECTION SUPPLIES: FIRE PREVENTION WEEK: 1,307.30 1,307.30 ASSN, LEADS ETC INC FIRE 210970 12/22/2022 019331 NELSON, BARBARA PLEIN AIR COMPETITION: TVM: TCSD 200.00 200.00 210971 12/22/2022 020349 NETFILE INC E-FILING SYSTEM: CITY CLERK 2,820.00 2,820.00 210972 12/22/2022 023155 OLD TOWN WISE RIDERS INC, VEH REPAIR & MAINTENANCE: TEM 1,884.06 OLD TOWN TEMECULA SHERIFF VEHICLE REPAIR/MAINT: TEM SHEF 1,599.87 VEHICLE REPAIR/MAINT: TEM SHEF 1,309.27 VEHICLE REPAIR/MAINT: TEM SHEF 1,230.24 VEH REPAIR & MAINTENANCE: TEM 1,222.49 VEH REPAIR & MAINTENANCE: TEM 1,140.70 VEHICLE REPAIR/MAINT: TEM SHEF 833.06 VEHICLE REPAIR/MAINT: TEM SHEF 676.00 VEHICLE REPAIR/MAINT: TEM SHEF 676.00 VEHICLE REPAIR/MAINT: TEM SHEF 449.70 VEHICLE REPAIR/MAINT: TEM SHEF 449.70 VEH REPAIR & MAINTENANCE: TEM 429.80 VEH REPAIR & MAINTENANCE: TEM 429.03 VEHICLE REPAIR/MAINT: TEM SHEF 424.68 VEHICLE REPAIR/MAINT: TEM SHEF 383.36 VEH REPAIR & MAINTENANCE: TEM 383.36 VEH REPAIR & MAINTENANCE: TEM 372.73 VEH REPAIR & MAINTENANCE: TEM 347.57 VEH REPAIR & MAINTENANCE: TEM 338.00 VEHICLE REPAIR/MAINT: TEM SHEF 307.23 VEH REPAIR & MAINTENANCE: TEM 299.13 VEHICLE REPAIR/MAINT: TEM SHEF 297.80 VEH REPAIR & MAINTENANCE: TEM 255.05 VEHICLE REPAIR/MAINT: TEM SHEF 245.36 VEH REPAIR & MAINTENANCE: TEM 148.90 VEH REPAIR & MAINTENANCE: TEM 98.96 VEH REPAIR & MAINTENANCE: TEM 47.76 VEH REPAIR & MAINTENANCE: TEM 42.25 16,322.06 210973 12/22/2022 007197 PALOMA VALLEY HIGH HOLIDAY PARADE STIPEND: TCSD 200.00 200.00 SCHOOL Page:3 apChkLst Final Check List Page: 4 12/21/2022 4:19:09PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 210974 12/22/2022 021521 PEDERSEN, VICKI L ANNUAL PLEIN AIR COMPETITION: 500.00 500.00 TVM:TCSD 210975 12/22/2022 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT 234.90 234.90 INC, DBA LEGALSHIELD 210976 12/22/2022 000254 PRESS ENTERPRISE NEWSPAPER SUBSCRIPTION: CITY 710.41 710.41 COMPANY INC MGR 210977 12/22/2022 000406 RIVERSIDE CO SHERIFFS 09/22-10/19 LAW ENFORCEMENT 2,733,861.87 2,733,861.87 DEPT 210978 12/22/2022 004822 RIVERSIDE TRANSIT AGENCY NOV TROLLEY SVCS: CITY MGR 2,198.60 2,198.60 210979 12/22/2022 021139 RORIPAUGH RANCH PHASE 2 BOND REL INSPECTION LD-000244011 50,000.00 50,000.00 JDA 210980 12/22/2022 021139 RORIPAUGH RANCH PHASE 2 BOND REL INSPECTION LD-000244011 50,000.00 50,000.00 JDA 210981 12/22/2022 023136 SANCHEZ, NESTOR PLEIN AIR COMPETITION: TVM: TCSD 75.00 75.00 210982 12/22/2022 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: SANTA 500.00 PRESTON PARADE:TCSD PHOTOGRAPHY SVCS: WRKFRCE E 300.00 PHOTOGRAPHY SVCS: TVE2 10TH F 300.00 PHOTOGRAPHY SVCS: MAINT PHOI 300.00 PHOTOGRAPHY SVCS: TVM: TCSD 250.00 1,650.00 210983 12/22/2022 003506 SHIVELA MIDDLE SCHOOL HOLIDAY PARADE STIPEND: TCSD 200.00 200.00 BAND 210984 12/22/2022 000519 SOUTH COUNTY PEST PEST CONTROL SVCS: STA 95 80.00 CONTROL INC PEST CONTROL SVCS: STA 73 68.00 PEST CONTROL SVCS: OATC 48.00 PEST CONTROL SVCS: STA 92 42.00 238.00 210985 12/22/2022 008337 STAPLES BUSINESS CREDIT MISC OFC SUPPLIES: HUMAN SVCS: 362.29 TCSD MISC OFC SUPPLIES: TRAFFIC: PW 51.91 MISC OFC SUPPLIES: TRAFFIC: PW 34.78 MISC OFC SUPPLIES: TRAFFIC: PW 22.51 MISC OFC SUPPLIES: TRAFFIC: PW 8.69 MISC OFC SUPPLIES: TRAFFIC: PW -11.26 468.92 210986 12/22/2022 013828 STAR WAY SYSTEMS CORP AUDIO RENTALS: LIGHT PARADE: 1,030.00 1,030.00 TCSD Page:4 apChkLst 12/21/2022 4:19:09PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 210987 12/22/2022 017814 STC TRAFFIC INC PROF SVCS: ROUNDABOUT DSGN: PW 3,650.00 3,650.00 210988 12/22/2022 009061 STURDIVANT, ANGELA P TCSD INSTRUCTOR EARNINGS 420.00 420.00 210989 12/22/2022 008373 SUNBELT RENTALS INC TOWER/POWER RENTALS: SPEC 2,203.60 EVENTS:TCSD TOWER/POWER RENTALS: SPEC E� 1,391.17 TOWER/POWER RENTALS: SPEC E� 1,283.89 TOWER/POWER RENTALS: SPEC E� 1,132.23 6,010.89 210990 12/22/2022 000311 TEMECULA VALLEY HIGH HOLIDAY PARADE STIPEND: TCSD 200.00 200.00 SCHOOL 210991 12/22/2022 003941 TEMECULA WINNELSON MISC PLUMBING SUPPLIES: PARKS 367.21 367.21 COMPANY 210992 12/22/2022 003508 THOMPSON MIDDLE SCHOOL HOLIDAY PARADE STIPEND: TCSD 200.00 200.00 210993 12/22/2022 002452 TOP LINE INDUSTRIAL, MISC SUPPLIES: STREET MAINT: PW 105.98 105.98 PRODUCTS, INC. 210994 12/22/2022 022735 TRINH, JOYCE PLEIN AIR COMPETITION: TVM: TCSD 100.00 100.00 210995 12/22/2022 000161 TYLER TECHNOLOGIES, INC CITY PUBLIC MOBILE APP: INFO TECH VOID MUNIS MIGRATION SVCS: FINANCE VOID VOID 210996 12/22/2022 014850 VALLEY PRINTING SERVICES, PRINTING SVCS: CITY COUNCIL VOID VOID INC. 210997 12/22/2022 001890 VORTEX INDUSTRIES INC BAY DOOR REPAIR: FIRE STA84 VOID VOID 210998 12/22/2022 007987 WALMART MISC SUPPLIES: AQUAITICS: TCSD VOID VOID 210999 12/22/2022 000339 WEST PUBLISHING NOV CLEAR SUBSCRIPTION: TEM VOID VOID CORPORATION, SHERIFF DBA:THOMSON REUTERS 211000 12/22/2022 021148 WEX BANK 11/07-12/06 FUEL USAGE: POLICE VOID VOID 211001 12/22/2022 000341 WILLDAN ASSOCIATES INC TRAFFIC ENGINEERING SVCS: VOID VOID TRAFFIC: PW 211002 12/22/2022 013938 WOODSIDE 05S, LP BOND REL INSPECTION LD-000244008 VOID VOID Page:5 apChkLst Final Check List Page: 6 12/21/2022 4:19:09PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 211003 12/22/2022 013938 WOODSIDE 05S, LP (Continued) Description Amount Paid Check Total BOND REL INSPECTION LD-000244009 VOID VOID Grand total for UNION BANK: 3,520,448.77 VOID CK'S 210995-211003 $ 115,319.04 REVISED GRAND TOTAL: 3,405,129.73 Page:6 apChkLst Final Check List Page: 7 12/21/2022 4:19:09PM CITY OF TEMECULA gg checks in this report. Grand Total All Checks: 3,520,448.77 Page:7 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 10, 2023 SUBJECT: Adopt Ordinance 2022-14 Approving Second Amendment to the Development Agreement By and Between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company (Planning Application No. PA21-0128) (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2022-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PLANNING APPLICATION NO. PA21-0128) 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. 2022-14 was first introduced at the regularly scheduled meeting of December 13 2022. FISCAL IMPACT: None ATTACHMENTS: 1. Ordinance 2. Exhibit A ORDINANCE NO.2022-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PLANNING APPLICATION NO. PA21-0128) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The City of Temecula ("City"), a general law City in the State of California, Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California limited liablity company ("Winchester"), entered into an agreement entitled "Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 01-08 (the "Development Agreement"). The Development Agreement was recorded on January 16, 2002 as Document No. 2002-026470 in the Official Records of the County of Riverside. B. On October 23, 2007, the City Council of the City of Temecula approved that certain agreement entitled "First Amendment to Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 07-14 ("First Amendment"). The First Amendment was recorded on October 2, 2015 as Document No. 2015- 0437479 in the Official Records of the County of Riverside. The First Amendment extended the term of the Development Agreement. C. The real property which is subject to the Development Agreement and the First Amendment is comprised of two components. The first is the Lennar Property described in the Development Agreement ("Lennar Property"). The second is the Winchester Hills I LLC Property ("Winchester Property"). D. The Lennar Property has been developed consistent with the Development Agreement and the term of the Development Agreement as it pertains to the Lennar property has expired. E. On January 26, 2021 the applicant, Winchester Hills I LLC, a California Limited Liability Company, filed Planning Application No. 21-0128, a proposed Second Amendment to the Development Agreement. Winchester Hills I LLC seeks to repeal the First Amendment and reinstate the original term of the Development Agreement for the Winchester Property. F. This application was filed in a manner in accord with the City of Temecula General Plan and Development Code. G. Government Code Section 65864 authorizes the City to enter into binding development agreements with persons having legal or equitable interest in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste or resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to Conditions of Approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development and provide for economic assistance to Owner for the entitlements authorizing development related improvements. H. On November 16, 2022, the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Second Amendment to the Development Agreement ("Second Amendment") as prescribed by law at which time all persons interested in the proposed Second Amendment had the opportunity and did address the Planning Commission on this matter. I. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 2022-35, entitled, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (PLANNING APPLICATION NO. PA21-0128)". J. On December 13, 2022, the City Council considered the Application at a duly noticed public hearing which time the City staff presented its report, and all interested persons had an opportunity to and did testify either in support or in opposition to the Project. K. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Application hereby makes the following findings: A. The City has reviewed the potential impacts of the Second Amendment to the Development Agreement and the various potential benefits to the City of the Second Amendment and has concluded that the Second Amendment is in the best interests of the City. B. The Second Amendment to the Development Agreement is consistent with the City's General Plan including the goals and objectives thereof and each element thereof. Section 3. CEQA. This Ordinance, which approves the Second Amendment to the Development Agreement, is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of the Ordinance may have a significant effect on the environment. The adoption of the Ordinance will repeal the First Amendment which extended the term of the Development Agreement. As the term of the Development Agreement is being shortened by the adoption of the Ordinance, this is covered by the common sense exemption under CEQA. Section 4. Approval of Second Amendment to Development Agreement. The City Council of the City of Temecula hereby approves that certain Second Amendment to Development and authorizes the Mayor to execute the Second Amendment to Development Agreement in substantially the form attached hereto as Exhibit "A". Section 5. Authority of the City Manager. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Second Amendment and to administer the City's obligations, responsibilities and duties to be performed under the Second Amendment. Section 6. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 8. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 1 Oth day of January, 2023. Zak Schwank, 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. 2022-14 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 131h day of December, 2022, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of January, 2023 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: Randi Johl, JD, MMC City Clerk Exempt from recording fees pursuant to Govt. Code Section 27383 (Space above for recorder's use) SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY This Second Amendment to Development Agreement is made and entered into as of 2022, by and between the CITY OF TEMECULA, a California municipal corporation ("City"); HARVESTON-SAB NORTH LLC, a California limited liability company ("Harveston North") and HARVESTON-SAB SOUTH LLC, a California limited liability company, successors in interest to HARVESTON-SAB LLC, a California limited liability company ("Harveston) successor in interest to Winchester Hills I LLC, a California limited liability company; and MERITAGE HOMES OF CALIFORNIA, INC., a California corporation ("Meritage"), HOEHN ENTERPRISE 5 TEMECULA LLC, a California limited liability company ("Hoehn 5"), SOLANA WINCHESTER LLC, a Delaware limited liability company ("Solana"), LANTERN CREST AT TEMECULA, LLC, a California limited liability company ("Lantern Crest"), and ADVANTAGED ASSET ACQUISITIONS 1, LLC, a California limited liability company ("Advantaged") pursuant to the authority of Section 65864 through 65869.5 of the California Government Code and Article XI, Section 2 of the California Constitution. Pursuant to said authority and in consideration of the mutual covenants set forth in this Second Amendment, the parties hereto agree as follows: 1. Recitals. This Second Amendment is made with respect to the following purposes and facts which the parties agree to be true and correct: Page 1 of 25 A. On August 28, 2001, the City Council of the City of Temecula approved that certain agreement entitled "Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 01-08 (the "Development Agreement"). The Development Agreement was recorded on January 16, 2002 as Document No. 2002-026470 in the Official Records of the County of Riverside. B. On October 23, 2007, the City Council of the City of Temecula approved that certain agreement entitled "First Amendment to Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 07-14 ("First Amendment"). The First Amendment was recorded on October 2, 2015 as Document No. 2015- 0437479 in the Official Records of the County of Riverside. C. The real property which is subject to the Development Agreement and the First Amendment is comprised of two components. The first is the Lennar Property described in the Development Agreement ("Lennar Property"). The second is the Winchester Hills I LLC Property which was specifically described in Exhibit A to the First Amendment ("Winchester Property"). D. The Lennar Property has been developed consistent with the Development Agreement, so the teen of the Development Agreement as it pertains to the Lennar Property has expired. E. Winchester Hills I LLC's interest in the Winchester Property and in the Development Agreement (as amended by the First Amendment) was transferred to Harveston in 2012. The northerly portion of the Winchester Property acquired by Harveston was transferred to Harveston North in 2015 and the southerly portion was transferred to Harveston South in 2016. Harveston North sold a portion of the Winchester Property to Hoehn Enterprise 4 Temecula LLC (the "Hoehn 4 Property") in 2016. The Hoehn 4 Property has been developed as an automobile dealership consistent with the Development Agreement, so the tenn of the Development Agreement as it pertains to the Hoehn 4 Property has expired. Harveston North and Harveston South have requested to repeal the First Amendment which extended the term of the Development Agreement and to reinstate the original term of the Development Agreement for the remaining portions of the Winchester Property. F. Harveston North has sold portions of the Winchester Property to: i.) Meritage, a "Merchant Builder" under the Development Agreement, and to ii.) Hoehn 5 and iii.) Solana, both of which are "Subsequent Owners" under the Development Agreement. Harveston South has sold portions of the Winchester Property to: iv.) Lantern Crest, and v.) Advantaged, all of which are "Subsequent Owners" under the Development Agreement. Neither Harveston North nor Harveston South currently own any portion of the Winchester Property but are parties to this Second Amendment to confirm their personal rights under the Development Agreement, including but not limited to their rights to fee credits pursuant to Section 4.8 of the Development Agreement. The portion of the Winchester Property that is owned by Meritage (the "Meritage Property") is specifically described and depicted on Exhibit "A" hereto. The portion of the Winchester Property that is owned by Hoehn 5 (the "Hoehn 5 Property") is specifically described Page 2 of 25 and depicted on Exhibit "B" hereto. The portion of the Winchester Property that is owned by Solana (the "Solana Property") is specifically described and depicted on Exhibit "C" hereto. The portion of the Winchester Property that is owned by Lantern Crest (the "Lantern Crest Property") is specifically described and depicted on Exhibit "D" hereto. The portion of the Winchester Property that is owned by Advantaged ("the Advantaged Property") is specifically described and depicted on Exhibit "E" hereto. The properties listed in this paragraph and described in the Exhibits are collectively referred to herein as the "Remaining Winchester Properties." G. Harveston North and Harveston South each warrant and represent to the City that these five entities are the only persons that own the Remaining Winchester Properties and that no other persons are required to consent to or approve this Second Amendment. H. The Planning Commission of the City of Temecula held a duly noticed public hearing on , 2022 and by Resolution No. 22- recommended to the City Council that this Second Amendment be approved. I. On , 2022, the City Council of the City of Temecula held a duly noticed public hearing on the proposed Second Amendment and the CEQA documentation at which time all persons had the opportunity to testify in support of or opposition to the proposed Second Amendment. J. On , 2022 the City Council of the City of Temecula adopted Ordinance No. 22- approving this Second Amendment. 2. Repeal of First Amendment. The First Amendment is hereby repealed and is of no further force and effect as to the Remaining Winchester Properties. 3. Authority to Enter Into Second Amendment. The entities in Recital F above each warrant and represent to the City that its approval of this Second Amendment will not violate any agreements they may have with other persons. The person or persons executing this Second Amendment on behalf of said entities each further warrant and represent to the City that this Second Amendment has been duly approved by each and that all applicable notices, approvals and procedures were complied with and that he or she is duly authorized by his/her- principal to execute this Second Amendment on behalf of that entity and has been duly authorized to do so. 4. Other Terms Remain. Except as specifically set forth herein, all other terms and conditions of the Development Agreement shall remain in full force and effect as to the Remaining Winchester Properties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as provided herein. Page 3 of 25 CITY OF TEMECULA, a municipal corporation Matt Rahn Mayor Attest: Randi Johl, JD, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney HARVESTON-SAB NORTH LLC, a California limited liability company i ephen A.Bieri President HARVESTON-SAB SOUTH LLC, a California limited liability company Stephen A. Bieri resident Page 4 of 25 MERITAGE HOMES OF CALIFORNIA, INC., a California corporation Name: kkr-vN '11!kueR' uo Title: - HOEHN ENTERPRISE 5 TEMECULA LLC, a California limited liability company Name: �hQp re Title: SOLANA WINCHESTER LLC, a Delaware limited liability company By: KR Temecula Ventures LLC a Delaware limited liability company, its Manager By: RP Solana Winchester Investors LLC a Delaware limited liability company, its Manager By: ReyLenn Properties LLC, a California limited 'a ' ' y com y, its Manager By: e"3.wis. g, ' anager B Louis Kuntz, its Manager By: Winchester MF, LLC an Arizona limited liability company, its Manager By: Kitchell Development Company, an Arizona corporation, its Manager By. --� Name: A*Vtf-t- A. SC,v.r..,�.,.• Title: Page 5 of 25 LANTERN CREST AT TEMECULA, LLC, Name: t4V4,o0A42— Title: F . ADVANTAGED ASSET ACQUISITIONS 1, LLC, a California limited liability company LIA A? Z. 0 "�A -- Name: ichael A. Clrant Title: President Page 6 of 25 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On 06 ZZ , before me,S4t?4 (inscil n me and title of the officer) Notary Public, personally appeared 91 t , who proved to me on the basis of satisfactory Adence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /> r Signatu / ' (Seal) QMSHELBY R. SMITH Comm.# 2331793NOTARY PUBLIC•CALIFORNIA\SAN DIEGO COUNTY Y Comm. EzP. AuG, 18, 2024'' Page 7 of 25 Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of �� ) On 2_1�>C_"2 , before me,�y (insert� }ime and Notary Public, personally appeared �f��2'-.P� � V�i Pif/`title of the officer)) � , who proved to me on the basis of satisfactory 0evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r' Signature (Seal) SHEIBY R. SMITH ,q COMM. # 2331793 '� NOTARY PUBLIC-CALIFORNIA V' SAN DIEGO COUNTY MY COMM. EXP. AuG. 18, 2024 Page 8 of 25 Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of On A , before me, serf name and title of the officer) Notary Public, personally appeared--}�''c- TGt-�1�i`La , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TRACEYCURIOSO O Notary Public - California WITNESS my hand and official seal. Orange County Commission k 239207A y Comm. Expires Jan 29, 2026 Signature (Seal) Page 9 of 25 Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calgprnia ) County of On(y`'S �- a Z'L , before me, (insert name and title of the officer) Notary Public, personally appeared �-� 0 "-`�'�'� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNIESS my hand and official seal. Signature 4 'r CMWDUD.DIM Notary Public - GtH & San Diego County Commission R 2334272 My Lamm. Tres Sep 25, 2024 Page 10 of 25 Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California - ) County of 6 rr teye ) On 20M , before me, g6W ,/ I A ti I f insect n } ne and title of the officer) Notary Public, personally appeared CAC, 19, -4 who proved to me on the basis of satisfactory evidence to be the per on(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) i e. rti MARY KELLY BEfHEA Notary Public - California llh San Diego County Commission N 2273932 My Comm. Expires Jan 16, 2023 Page 11 of 25 Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of 904 jY�__h�//4On �/t,% ,,�, �OZ,Z- before me, -� , - 6 ..,,��.. 1(insert nAe and title of the officer) Notary Public, personally appeared l,AN co , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) °•.` MARY KELLYLY-H l _ Notary Public - California z .•� San Diego County Commission # 2273932 My Comm. Expires Jan 16, 2023 Page 12 of 25 Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that docu vent. State of Arizona ) County of Mar llcop a ) On J � 4 apaa , before me, l I ct� }�D� Son , (ins(Al name and title of the officer) Notary Public, personally appeared" I�njRr-t' N. Sc ramrn (lon6l"r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature - �d� 1&42� (Seal) a ar NANCY HODSON °.i. Notary Public - State of Arizona MARICOPA COUNTY Commission # 557847 t Expires February 1, 2023 Page 13 of 25 Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of SaiA 'D I ebb ) On J \3V, Z02Z , before me, ""(Cla"Ain T- Sand afua , (insert name and title of the ol'ficer) Notary Public, personally appeared M Gk1q rj"7rC( I(1- — , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offici• seal. 12 Signature— (Seal) °r rti YASMIN PEREZ SANTANA Notary Public •California San Dfego County Commission 4 2388693 MY Comm, Expires Dec 30, 2025 Page 14 of 25 Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SC1 Vi 171 ifn O ) On , 20'Z2 , before me, \ a's ffu n T "S« r1-�ryx , \ (insert name and title of the officer) Notary Public, personally appeared MICUt� U . ray + , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and off. ial seal. Signatur (Seal) .:.w YASMIN PEREZ SANTANA Notary Public • California San Diego County " Commission X 2388693 MY Comm, Expires Dec 30, 2025 Page 15 of 25 EXHIBIT "A" Meritage Property LEGAL DESCRIPTION PARCELS 1 THROUGH 3, INCLUSIVE AND PARCEL 6, AS SHOWN ON THE MAP ENTITLED "PARCEL MAP NO. 36336", FILED AUGUST 20, 2015, IN BOOK 239 OF PARCEL MAPS, AT PAGES 33 THROUGH 39, INCLUSIVE, RIVERSIDE COUNTY RECORDS. PARCEL D AS SHOWN ON LOT LINE ADJUSTMENT NO. PA15-1434, AS EVIDENCED BY DOCUMENT RECORDED DECEMBER 15, 2015 AS INSTRUMENT NO. 2015-0542235 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF PARCELS 4, 5, 7 AND 8 OF PARCEL MAP NO. 36336, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON THE MAP FILED IN BOOK 239, PAGES 33 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE.COUNTY RECORDER OF SAID RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 4; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCELS 4 AND 5 SOUTH 350 30' 43" EAST 1094.55 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 5; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 5 SOUTH 54° 29' 17" WEST 375.05 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 8; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 40' 38' 53" EAST 161.57 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 850.00 FEET; THENCE ALONG SAID CURVE, CONTINUING ALONG SAID NORTHEASTERLY LINE SOUTHEASTERLY 158.71 FEET THROUGH A CENTRAL ANGLE OF 10' 41' 53" TO THE MOST EASTERLY CORNER OF SAID PARCEL 8; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 8 SOUTH 56° 07' 10" WEST 40.80 FEET TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PRIVATE EASEMENT FOR ACCESS PURPOSES AS SHOWN ON SAID PARCEL MAP NO. 36336, BEING A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 889.00 FEET, SAID CURVE BEING CONCENTRIC WITH AND SOUTHWESTERLY 39.00 FEET FROM SAID NORTHEASTERLY LINE OF PARCEL 8, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 39° 26' 35" EAST; THENCE ALONG SAID CURVE AND SAID SOUTHWESTERLY LINE NORTHERLY 153,75 FEET THROUGH A CENTRAL ANGLE OF 09' 54' 32"; THENCE TANGENT FROM SAID CURVE, CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 40' 38' 53" WEST 731.53 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 568 FEET; THENCE ALONG SAID CURVE, CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTHWESTERLY 310.61 FEET THROUGH A CENTRAL ANGLE OF 310 19' 54" TO THE NORTHERLY LINE OF SAID PARCEL 7; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 7 AND THE NORTHWESTERLY LINE OF SAID PARCEL 4 THE FOLLOWING COURSES; RADIALLY FROM SAID CURVE NORTH 80' 4F 01" EAST 78.00 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 490.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 80° 41' 01 " EAST; THENCE ALONG $AID CURVE NORTHERLY 444.14 FEET THROUGH A CENTRAL ANGLE OF 510 56, 00" TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, OIL AND MINERAL RIGHTS AS RESERVED BY FIDELITY REALTY CORPORATION IN DEED RECORDED MAY 22, 1929, IN BOOK 815, PAGE 214 OF DEEDS. APN: 916-400-034-1, 916-400-035-2, 916-400-036-3 916-400-039-6,916-400-060-4 Page 16 of 25 EXHIBIT "A" Meritage Property DEPICTION Page 17 of 25 EXHIBIT "B" Hoehn 5 Property LEGAL DESCRIPTION That certain real property situated in the City of Temecula, County of Riverside, State of California and more particularly described as follows: Parcel B of Lot Line Adjustment No. PA 15-1434 Recorded December 15, 2015, as Instrument No. 2015-0542235 of Official Records in the Office of the County Recorder of said Riverside County, California. Page 18 of 25 EXHIBIT "B" Hoehn 5 Property DEPICTION Page 19 of 25 EXHIBIT "C" Solana Property LEGAL DESCRIPTION Real property In the City of Temecula, County of Riverside, State of California, described as follows: PARCEL 1: (APN NO. 916-400-042) PARCEL 9, AS SHOWN ON THE MAP ENTITLED "PARCEL MAP NO. 36336", FILED AUGUST 20, 2015, 1N BOOK 239 OF PARCEL MAPS, AT PAGES 33 THROUGH 39, INCLUSIVE, RIVERSIDE COUNTY RECORDS, PARCEL 2: (APN NO. 916-400-058) PARCEL C AS SHOWN ON LOT LINE ADJUSTMENT NO. PA1S-1434, AS EVIDENCED BY DOCUMENT RECORDED DECEMBER 15, 2015 AS INSTRUMENT NO. 2015-0542235 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF PARCEL OF 8 OF PARCEL MAP NO. 36336, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON THE MAP FILED IN BOOK 239, PAGES 33 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 7; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 7 NORTH 29058'20" WEST 120.28 FEET TO A LINE PARALLEL WITH AND 120.00 FEET NORTHWESTERLY OF THE SOUTHEASTERLY LINE OF SAID PARCEL 7; THENCE ALONG SAID PARALLEL LINE NORTH 5600710" EAST 445.57 FEET TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PRIVATE EASEMENT FOR ACCESS PURPOSES AS SHOWN ON SAID PARCEL MAP NO. 36336; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 40038'53" EAST 370.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE SOUTH 5600710" WEST 487,92 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL 8; THENCE ALONG THE SOUTHWESTERLY AND SOUTHEASTERLY OF SAID PARCEL 8, THE FOLLOWING COURSES: SOUTH 3704511" EAST 57.67 FEET; THENCE SOUTH 28039'30" EAST 199.91 FEET; THENCE SOUTH 18040'57" EAST 138.90 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 8; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 8 NORTH 5600710" EAST 598.35 FEET TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PRIVATE EASEMENT FOR ACCESS PURPOSES AS SHOWN ON SAID PARCEL MAP NO. 36336, BEING A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 889.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 39026'35" EAST; THENCE ALONG SAID CURVE AND SAID SOUTHWESTERLY LINE NORTHWESTERLY 153.75 FEET THROUGH A CENTRAL ANGLE OF 09154'32"; THENCE TANGENT FROM SAID CURVE, CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 40038'53" WEST 241.99 FEET TO THE TRUE POINT OF BEGINNING. Page 20 of 25 EXHIBIT "C" Solana Property DEPICTION m a E Page 21 of 25 EXHIBIT "D" Lantern Crest Property LEGAL DESCRIPTION Real property in the City of Temecula, County of Riverside, State of California, described as follows: PARCEL ONE: (APN: 916-400-043) PARCEL 10, AS SHOWN ON THE MAP ENTITLED "PARCEL MAP NO. 36336", FILED AUGUST 20, 2015, IN BOOK 239 OF PARCEL MAPS, AT PAGES 33 THROUGH 39, INCLUSIVE, RIVERSIDE COUNTY RECORDS. PARCEL TWO: (APN: 916-400-044, 916-400-064) PARCEL A AS SHOWN ON NOTICE OF LOT LINE ADJUSTMENT NO. PA17-0956, AS EVIDENCED BY DOCUMENT RECORDED AUGUST 10, 2017 AS INSTRUMENT NO. 2017-0328586 OF OFFICIAL RECORDS, PARCEL THREE: (APN: 916-400-062 and 916-400-065) PARCEL B AS SHOWN ON NOTICE OF LOT LINE ADJUSTMENT NO. PA17-0956, AS EVIDENCED BY DOCUMENT RECORDED AUGUST 10, 2017 AS INSTRUMENT NO. 2017-0328586 OF OFFICIAL RECORDS. Page 22 of 25 EXHIBIT "D" Lantern Crest DEPICTION Page 23 of 25 EXHIBIT "E" Advantaged Property LEGAL DESCRIPTION That portion of Parcel 13 of Parcel Map No. 36336, in the City of Temecula, County of Riverside, State of California as shown on the map filed in Book 239, pages 33 through 39, inclusive, of Parcel Maps in the Office of the County Recorder of said Riverside County, California, being a portion of Parcel C of Lot Line Adjustment No. PA17-0956 recorded August 10, 2017 as Instrument No. 2017-0328586 of Official Records of said County Recorder, described as a whole as follows: BEGINNING at the northerly terminus of that certain course in the easterly line of said Parcel 13 shown as having a bearing and distance of "N 11 °23'13" E 837.71' " on said Parcel Map No. 36336; Thence along said easterly line South 11023'13" West 188.64 feet; Thence leaving said easterly line North 78036'47" West 222.17 feet; Thence North 33036'47" West 39.36 feet; Thence North 11023'13" East 206.30 feet; Thence North 52023'36" East 32.81 feet; Thence North 15052'31" West 13.49 feet to the northerly line of said Parcel C; Thence along the northerly line of said Parcel C the following courses: North 03°23'59" East 17.26 feet; Thence South 86"36'01" East 204.96 feet to the northerly corner of said Parcel C; Thence along said easterly line of Parcel C and Parcel 13 the following courses: South 03023'59" West 39,00 feet; Thence South 38*30'11" East 34.36 feet to the beginning of a non -tangent curve concave westerly and having a radius of 945.00 feet, a radial line to said curve bears South 82°40'56" East; Thence southerly along said curve 67.11 feet through a central angle of 04004'09" to the POINT OF BEGINNING. CONTAINS: 1.679 acres, more or less. Page 24 of 25 EXHIBIT "E" Advantaged Property DEPICTION , Page 25 of 25 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 10, 2023 SUBJECT: Receive and File Citywide Year -End Report Highlighting 2022 Accomplishments PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council receive and file the citywide year-end report highlighting 2022 accomplishments. BACKGROUND: At the request of the City Manager, all departments in the City compile a list of their calendar year accomplishments in December. The departmental reports are consolidated into a Citywide year-end report that is shared with the City Council, Board and Commission Members, and staff. It is requested that the City Council also receive and file this item as a part of the January agenda annually so that the report is a part of the public record. FISCAL IMPACT: None ATTACHMENT: 2022 Year -End Report -71 `i ......... . \\• I �I .•.`y'A � �Or -s C SAFE Ank Building Greatness Maintaining Excellence CITY OF TEMECULA 2022 YEAR IN REVIEW This year's Mayoral theme of Temecula Safe was established by our outgoing Mayor, Matt Rahn and captured the community and operational focus over the course of the year. Similar to last year's theme of Temecula Cares, which our other outgoing councilmember, Maryann Edwards established during her term as Mayor, these themes are not limited to just an annual initiative. In fact, they are merely one of many leadership, policy and management focuses, that receive strategic and fiscal reinforcement over a 12 month period. Similarly, my management philosophy of Building Greatness, Maintaining Excellence continues and operationalizes Temecula's superior approach to municipal government, encapsulated in three strategic areas — Personnel Services, Maintenance & Operations, and Capital Projects. With profound gratitude and appreciation to our outstanding Temecula Team of dedicated employees, supportive City Council and engaged Boards, Commissions, volunteers, contractors, instructors, and countless others, the following is a comprehensive summary of those efforts for 2022—which also marks my 10t" year as the City Manager here in Temecula: TEMECULA CITY MANAGER DEPARTMENT 2022 YEAR IN REVIEW The City Manager Department, also referred to as the City Manager's Office (CMO), is comprised of General Administration (GA), which also provides staff support to the City Council, Economic Development (ED), and Public Information (PIO). CMO: GA/ED/PIO This year, we addressed 2 CMO operational vacancies by welcoming Cassandra Tabares, Administrative Assistant and Mary Cervantes, TVE2 Manager. Citywide Marketing/Outreach (overall) - Successfully Produced and Delivered: • Temecula Safe Brochure Newsletter mailed to all Temecula residents (US Mail) • Connect with the City of Temecula flyer (distributed at various events) • Mayoral Theme "Temecula SAFE" implemented citywide • City News and Updates Eblast from City Manager (monthly) • Economic Development News Eblasts from ED • New Old Town Marketing Brochure • Emergency PIO outreach - Most prominent in 2022 was the Fairview Fire (provided continuous updates to the public throughout this emergency) • Video — Temecula Mavericks (Manufacturing in Temecula) • Video — Ride Along (Safety in Temecula) • Video — Foodie (Extraordinary Culinary in Temecula) • Video — Economic Forecast City Hall Cribs • Video — Temecula Manufacturing with CTE/TVUSD Interns — Career Technical Education • Manufacturing Month Proclamation/Video • 1-15/ French Valley PKWY Phase 2: Started public outreach campaign including press releases, video, and social media strategies • Caltrans 1-15 Construction: Worked with Caltrans on providing weekly updates to the public • Old Town Brand: Updated Old Town Brand with new design standards for marketing Old Town • American Express Shop Small Campaign featuring 5 Arts & Crafts businesses • Review/draft/edit press releases citywide • Ongoing updates to website content (multiple pages citywide) • Support Media Services/Channel 3 content • Mini State of the Cities - Create various City presentations for Mayor and/or City Manager to present City updates throughout 2022 at different organizations upon request (Women's Organization; Economic Forecast; State of Tourism, Rotary Clubs, Mayor's CABEC Conference, HOAs, etc.) CMO: ED/PIO Social Media - City of Temecula citywide Social Media Platforms - Successfully Produced/Delivered: City of Temecula Social Media Campaigns & Series: • 5 Hello Temecula Episodes • 11 #Temecula Safe Photoshoots • 5 Shop Small Photoshoots • 10 New2Town Features • 3 Innovation Month Features 2022 Milestones for City of Temecula Social Media Platforms: • 425% more followers than all other CA cities of our size (population) • Became Verified on Twitter • Hit 29k Followers on Facebook • Launched City TikTok account • Hit over 10k views on a Hello Temecula episode for the first time (Episode 6: 11.6k views) Year-end Follower Count for City of Temecula Platforms as of 12/1: • Instagram: 28,000 4 10% increase ekyoftemeeuta -, Q �f HAPPY CrIVIN6)' r • Facebook: 29,055 4 5% increase • Twitter: 10,308 --> 5% increase • YouTube: 2,009 --> 24% increase Most Popular Posts for City of Temecula Platforms: • Facebook: Benihana Coming Soon 4 reached 84,651 people, received 3,219 likes & 1,194 comments • Instagram: Benihana Coming Soon 4 reached 19,694 people, received 2,245 likes & 232 comments Videos and Reels: • In 2021, followers spent 18,347 minutes watching our videos. This year, followers spent 27,688 minutes watching our videos. This is a 51 % increase in viewer retention. Collaborations with Community Partners include: • Riverside County Sheriff (RSO) • CHP Temecula • CalFire • SCE • Cal Trans • TEDxTemecula • Visit Temecula Valley (VTV) • Temecula Valley Chamber of Commerce • Community Emergency Response Team (CERT) • Temecula Valley Hospital (TVH) • Mt. San Jacinto College (MSJC) — Temecula • Small Business Development Center (SBDC) • Promenade Temecula • RivCo Workforce Development CMO: GA/ED/PIO Events/Activities - Planned/Organized/Hosted or Participated: • Mayor's State of the City Address - Themed Temecula SAFE o Nonprofit Expo 0 5` Annual Centerpiece Competition o 60+ centerpieces donated by the Rose Society • Coffee with Mayor Monthly Outreach Events in 2022 • Pechanga Pu'6ska Mountain Day • Riverside County's Innovation Month Fast Pitch Finale in partnership with the County, UCR, MSJC, CSUSM, and other surrounding cities • Regional/Annual PIO Luncheon • 8t" Annual Brokers Breakfast • EDC Board Meeting/Breakfast at Conference Center • Retirement Recognition of Founding President/CEO for Visit Temecula Valley • City Manager hosted monthly Community Leadership Meetings with Temecula partners (Pechanga, TVUSD, Promenade, TVH, VTV, Chamber) • Reality Rally: City Council / Commissions Teams • ICSC Las Vegas Conference (scheduled 15-20 meetings with businesses) • EDC FAM Tour • Planning Commission Tour • Temecula Valley Job Fair (2) • Committee Member for Chamber of Commerce State of the City Event • Committee Member for Chamber of Commerce Legislative Summit Event • Committee Member Chamber of Commerce Southwest Regional Economic Forecast • Blue Ribbon QLMP Meetings/CMO/ED Rep • City Manager Monthly WRCOG Technical Advisory Committee meetings • Employee Support: CMO reps at Employee Wellness Committee; Team Pace; Safety Committee • Planned/Hosted California City Manager Foundation Board meeting in showcase Temecula statewide to various Cities/City Managers Temecula to • Fentanyl Roundtable with Congressman Issa, Congressman Calvert at City Hall Chambers • 2022 MMASC Annual Conference — City Manager's panel on Vulnerable Leadership: Not an Oxymoron • Riverside County Office of District Attorney Mike Hestrin, Summit on Homeless Solutions — Keynote Speaker on Temecula's Responsible Compassion Campaign CMO: GA/ED/P1O City of Temecula Representation - Attended the following representing City of Temecula: • Over 40 Business/Community Ribbon Cuttings/Dedications • Business Retention Manufacturing Site Visits • Over 60 New Businesses Site Visits • Murrieta SOTC • Menifee SOTC • Ontario State of the Airport • Supervisor Washington's State of the District • 2022 Economic Outlook • Women in Business 2022- Back to Business • Visit Temecula Valley's State of Tourism • Regional Women's Leadership Meeting (SW Riverside County Cities) • Murrieta Temecula Group CMO: GA/ED/PIO Special Projects- Lead/Directed • COVID-19 Pandemic Community Reinvestment Program (CRP) — a comprehensive strategic and transparent outward facing program that is investing $14M over 2 years in Business and Non -Profit Support, Homeless Services, Housing Assistance, unprecedented Behavioral Health support to first responders and public safety personnel assigned to Temecula and Higher Education/Workforce Development • Facilitated the receipt of Intergovernmental Agreement (IGA) funds from Pechanga — $2.5 million was received in January 2022 for the 1-15 Auxiliary Lane project and another $2.5M for the 1-1 5/SR 79 Enhanced Landscaping in addition to the submittal of an IGA Workplan for up to $1.5 million for Rainbow Canyon Pavement Rehab • Negotiated an agreement between the City and Riverside County for continuation of law enforcement services for the City of Temecula as provided by the Riverside County Sheriff's Department for a term of July 1, 2022 through June 30, 2027. • Negotiated an agreement between the City and County of Riverside, through their agreement with CalFire to provide the City of Temecula with fire protection, hazardous materials mitigation, technical rescue response, fire marshal, medical emergency services, and public service assists, with newly added language to share in the cost of the fire engine personnel at Station 95 phased in over a two-year period. The agreement term is July 1, 2022 to June 30, 2025. • Design, layout, photos and final edited content for 2040 Quality of Life Master Plan (supporting Community Development) • Old Town Wayfinding Sign Plan (currently in Design Phase) • Auto Dealers Wayfinding Sign Plan (currently in Design Phase) • Custom Temecula Wine Bottle in partnership with South Coast Winery • 12 Film Permits • 10 Consultant Agreements (Combined CMO: GA/ED) • New RTA Trolley Agreement for Harveston area shuttle • 8 Economic Development Sponsorship applicants for FY 22-23 • Updates and distribution of Regional PIO Contact List • Brand/Design of new Old Town American Flag Street Pole Banners • Citywide banners/schedule; Develop new GIS map for all street pole banners in Temecula • Temecula SWAG bag promotional content as needed for CMO (ED) and City Council • Securing WRCOG Fellow to support EDC (obtained funding from 4 cities) • Civic Center leases for Congressional District 50 (Issa), City Attorney, and VTV • Coordinated Pechanga Land Acknowledgment language CMO: GA - Grants • FY22-23 Reinvestment in Temecula - City Grant Program- Launched a new and updated nonprofit grant program (in support of the Community Reinvestment Plan) for FY22-23 with a budget 10 times the value as the typical annual Community Service Funding Grant Program (typically 100K now at $1.1 Million). As a result, City Council approved 49 programs of 68 applications. Project includes public outreach, new/updated grant application; new agreements; updated policies; review of 68 grant applications; preparation of 49 grant agreements; overseeing compliance for each grant award and agreement. • FY 22-23 Council Community Service Funding - City Grant Program (discretionary grant funding) - Implemented annual City Council/nonprofit agreements, funding disbursement, oversight and compliance. • Federal Grant Support / Advocacy - Administrative support/edit/organize. Citywide grant/award submissions (including Jedediah Roundabout, Modular Skatepark, Murrieta Creek, Regional Sports Park); federal lobbying meetings; representative meetings; visits with US Rep Calvert and US Rep Issa; letters of support from State, Regional, Federal Representatives for grant submittals or award applications citywide CMO: ED - TVEZ • Launched the TVE2 Rent Waiver Program in support of the City Council's Community Reinvestment Program • Manage all leases at TVE2 • Hosted the TVE210 Year Anniversary and Grand Reopening with over 50 business professionals in attendance • Hosted 39 Small Business Training Events • Assisted 3,305 individuals through workshops in various topic areas including: o Pre-planning/Start-up Information o Access to Capital o Human Resources o Digital and Social Media Marketing o Accounting o Legal • Partnered with the Inland Empire Small Business Development Center to provide technical assistance to 252 business professionals in various industries. Industry Breakdown: 0 21 % Retail 0 17% Service 0 5% Construction 0 4% Manufacturing 0 3% Wholesale 0 50% Other/Unknown CMO: GA/ED/PIO General: PIO Outreach List and CMO Contact book. Maintain and update Citywide Media Outreach List with 400 contacts inclusive of local/regional/national media, local contacts, and regional Public Information Officers. These lists are used citywide to publish press releases and media advisories. CMO Contact used for citywide external contacts. • City Flickr account - Maintaining / updating City photos to Flickr. • City Media TVEyes account - Monitor approximately hundreds of media clips per month for Temecula promotional use; clip videos of interest and download. • Budget - Manage FY22-23 operating budgets for City Manager Office, City Council, Community Support Funding, Office of Public Information and Economic Development, and TVE2. Meetings - Schedule/Reschedule approx. 1,500 appointments throughout 2022 Public Inquiries - Responded/assisted and logged public inquiries to CMO office. Logged 686+ (some records include multiple contacts) ■ 480 for City Council ■ 205 for City Manager's Office (with 16 for staff or RE Covid) ■ 459 via Email ■ 114 via Phone or VMM ■ 109 via MyCivic App General - Drafting letters, research, office supplies, meeting supplies/meals, annual personnel reviews, guided City Hall tours; maintain CMO/ED Sharepoint; upload daily CMO updates to SharePoint. PPT Slides - Prepare CM/CC PowerPoint slides as needed for Council Meetings TEMECULA CITY CLERK'S OFFICE 2022 YEAR IN REVIEW Legislative, Operations and Records Divisions Non -Recurring Items • Completed the Redistricting of City Districts Post-2020 Census in Consultation with Demographers (Public Noticing, Hearings, Draft Maps, Community Outreach) • Conducted JUN 2022 Primary Election in City (8 Voter Assistance Centers (VAC), 4 Vote Ballot Mail (VBM) Drop Off Locations), Served as VBM Location • Conducted NOV 2022 General Municipal Election in City (8 Voter Assistance Centers (VAC), 4 Vote Ballot Mail (VBM) Drop Off Locations), Served as VBM Location • Prepared / Facilitated Council Adoption of Initial Five Policies of Council Protocol Manual • Prepared / Facilitated Council Adoption of 2022 Biennial Conflict of Interest Code • Facilitated AB 1234 Ethics Training for City Council, Board and Commission Members, and Executive Staff and AB 1661 Harassment Prevention Training for City Council • Worked on the Equity Core Value Adoption in the Quality of Life Master Plan in Consultation with the Council Subcommittee, REDI Commission, Consultants and Community Development • Recruited and/or Integrated in First Service Three Positions Resulting from Retirements (Records Manager, Management Assistant, Office Specialist) • Completed Professional Certifications: Notary Public for Deputy City Clerk and Records Manager and Certified Diversity Executive for Legislative Director/City Clerk • Presented at ARMA Annual Conference (Records Manager) and Cal Cities, ICMA, MMASC, CCAC Annual Conferences (City Clerk) Annual Recurring Items City Council • Prepared City Council Subcommittee List for Annual Approval and Distribution • Administered City Council Meeting Logistics = 24 Meetings • Processed City Council Meeting Related Documents (Create, Track, Post, Publish, Log): Agendas = 28 / Minutes = 27 / Resolutions = 82 / Ordinances = 13 • Processed Community Services District Meeting Related Documents (Create, Track, Post, Publish, Log): Agendas = 22 / Minutes = 21 / Resolutions = 5 • Processed Successor Agency to Redevelopment Agency Meeting Related Documents (Create, Track, Post, Publish, Log): Agendas = 3 / Minutes = 2 / Resolutions = 4 • Processed Public Financing Authority Meeting Related Documents (Create, Track, Post, Publish, Log): Agendas = 5 / Minutes = 5 / Resolutions = 14 / Ordinances = 0 • Processed (Create, Amend, Track) Staff Reports for City Council Meetings = 336 Reports Processed (Create, Amend, Track) Staff Reports for TCSD Meetings = 13 Reports Processed (Create, Amend, Track) Staff Reports for SARDA / TPFA Meetings = 9 Reports Processed (Create, Amend, Track) Staff Reports for REDI Commission Meetings = 4 Reports Boards and Commissions • Prepared Board and Commission Handbook for Annual Approval and Distribution • Facilitated Annual Joint Meetings Between City Council and All Five Boards and Commissions, Coordinated Content and Presentation for REDI Commission • Processed (Notice, Recruitment, Appointment, Orientation) Vacancies for Board and Commissions = 9 (2 Community Services Commission, 2 Planning Commission, 2 Public/Traffic Safety Commission and 3 for Race, Equity, Diversity and Inclusion Commission with total of 29 applicants) • Processed Race, Equity, Diversity and Inclusion Commission Meeting Related Documents (Create, Track, Post, Publish, Log): Agendas = 11 / Minutes = 10 • Processed Planning Commission Meeting Related documents (Post, Publish, Log): Agendas = 17 / Minutes = 16 / Resolutions = 33 • Processed Public / Traffic Safety Commission Meeting Related Documents (Post, Publish, Log): Agendas = 8 / Minutes = 7 • Processed Community Services Commission Meeting Related Documents (Post, Publish, Log): Agendas = 10 / Minutes = 8 • Processed Old Town Local Review Board Meeting Related Documents (Post, Publish, Log): Agendas = 1 / Minutes = 0 General Legislative • Prepared Legislative Platform for Annual Approval and Distribution • Provided Citywide Legislative Updates (Including General Legislation Status, State Regulations, State and Federal Funding, etc.) via Email to City Council and Executive Staff (Does Not Includes Individual / Small Group Legislative Contact Numbering in the Hundreds) = 60 • Processed Statements of Economic Interest (Form 700) / Amendments for City Council, Boards and Commissions and Designated Employees = 66 • Processed Campaign Disclosure Filings (410, 460, 470, 497) for City Council Members and Candidates = 72 General Operations • Processed (Route, Track, Log) Contracts / Agreements = 299 • Processed (Route, Track, Log) Contract / Agreement Amendments = 68 • Conducted Project Bid Openings / Processed Notice Inviting Bids = 18 • Researched and Prepared Ribbon Cutting / Grand Opening / Anniversary / Academic Achievement / Miscellaneous Certificates = 262 • Researched and Prepared for Presentation Proclamations = 31 • Prepared and Scheduled Presentations from Local Non -Profits and Organizations for City Council and Race, Equity, Diversity and Inclusion Commission Meetings = 19 • Processed (Create, Post, Publish, Log) Cancellations Notices for City Council and Board and Commission Meetings = 29 • Processed (Create, Post, Publish, Log) Committee Meeting Notices = 21 • Processed (Create, Post, Publish and Log) Citywide Newspaper Publications and Public Hearing Notices = 70 • Recorded Documents with the County of Riverside = 64 • Processed (Image, Log, Distribute) General Liability Claims and Litigation = 26 Claims and 6 Litigation General Records • Prepared Records Retention Schedule for Annual Approval and Distribution • Administered Annual Records Destruction = 110 Standard boxes 0 Processed, Tracked and Completed Public Records Act Requests = 1,044 • Transferred Records for Disposition (Holding, Scanning or Shredding) = 118 Boxes • Closed Public Records Act Requests in GovQA on Average = 6 Days • Requested Building Plans = 83 • Public Archive Page Views for Public Records Act Requests = 5,292 • Added Files to Building and Safety Laserfiche Folder = 487 • Added Pages to Building and Safety Laserfiche Folder = 3,979 • Added Files to Public Works Laserfiche Folder = 2,531 • Added Pages to Public Works Laserfiche Folder = 35,526 • Added Pages to City Council Agendas Folder = 33,586 • Added Contracts to Laserfiche Folder = 654 • Added Pages to Contracts Laserfiche Folder = 9,353 In 2022, the City of Temecula went through the redistricting process. Voters from Districts 1, 3, and 5 will electtheir representative on November 8, 2022. Voters from Districts 2 and 4 will elect their representative on November 5, 2024. In 2022, la Ciudad de Temecula pas6 par el proceso de redistribution de distritos. Los votantes de los distritos 1, 3, y 5 elegiran a su representante el 8 de noviembre de 2022. Los votantes de los distritos 2 y 4 elegiran a su representante el 5 de noviem bre de 2024. GENERAL MUNICIPAL ELECTION ELECC16N MUNICIPAL GENERAL November 8, 2022 November 8, 2022 November 8, 2022 Distrito 1 Distrito 3 Distrito 5 El 8 de noviembre El 8 de noviembre El de noviembre de 2022 de 2022 de 2022 November 5, 2024 November5, 2024 Distb 2 Distrito 4 El 5 de novilembre El de noviembre de 2024 de 2024 To Lookup Your Voting District & Register to Vote https://TemeculaCA.gov/Election rill TEMECULA FINANCE DEPARTMENT 2022 YEAR IN REVIEW • Received the Award for Excellence in Financial Reporting from the Government Finance Officers' Association (GFOA) for the Fiscal Year 2020-21 Annual Comprehensive Financial Report • Received the California Society of Municipal Finance Officers' (CSMFO) Excellence Awards for the Fiscal Year 2021-22 Annual Operating and Capital Budgets • Received the GFOA's Distinguished Budget Presentation Award for the Fiscal Year 2021- 22 Annual Operating Budget • Received, for the first time, the California Municipal Treasurer's Association (CMTA) Investment Policy Certification for the City's newly adopted Investment Policy. Accounting Team Budget Team Fiscal Management: • Prepared and presented a balanced FY22-23 Operating Budget and 5-Year Forecast, with reserves fully funded in all five fiscal years. • Prepared and presented the City's largest Capital Improvement Program Budget, nearly $800 million over 105 separate projects. • Deposited an additional $2M into the City's Irrevocable Pension Trust, to offset future increases in the CALPERS Pension rates, increasing the City's pension funded status from 66.8% to 78.6%. • Updated the City's Investment Policy to align with State Law and allow for a wider variety of investment instruments. Also created Investment Strategy to reinvest funds from LAIF into higher yielding options and create an investment ladder to meet the City's liquidity needs. To date, an additional $56,000 in interest in being earned each month. Once plan is fully implemented, it is expected to generate an additional $93,000 in interest earning per month, as compared to just investing in LAIF. • Updated Pension and Other -Post -Employment - Benefits (OPEB) valuation and projections, with the Return Comparison $30.6m New invested Investments @4, 17'ayle,d $106,000 return per month $30.6m LAIF----ted $50,000 help of the City's actuarial consultants. • Provided monthly Treasury and Investment reports to the City Council • Provided monthly List of Demands to the City Council • Provided quarterly Financial Report updates to the City Council $56,000 additional return per month • • Assisted in the development of the COVID-19 Pandemic Community Reinvestment Program funding categorizations. fund balance Trends Submitted timely reporting on the receipt of the City's ARPA grant funding. M—.000 Developed a Comprehensive Debt Paydown Strategy to pay off the City's unfunded liabilities within a 7-year time horizon, without using City 20,OD0,000 Reserves. By Year 15 of the plan, an additional o� $26M in available fund balance would be generated to be used for future projects or other community needs. Process Improvements: Year 1 Vear 2 Year 3 Yea, 4 Vear S Year6 Vear I Yeas 8 Vear 9 V 10 11 12 13 14 15 —25%Reserve —Available F11d Ba lance P4Vd-51111 V • Began implementation of the City's new financial software system, Tyler Munis, which will replace the City's existing system that has been in place for over 20 years • Identified ways to automate the input of Journal Entries utilizing an upload feature, saving hours of staff data entry time • Streamlined investment process to reduce paperwork and utilize online banking capabilities • Began process of implementing Docusign to automate the workflow, review and approval for City agreements Customer Service: Business Licenses: • Issued a total of 7,398 Business Licenses • Issued 1,524 licenses to newly opened businesses • 55.3% of Business Licenses were renewed online • Served 4,209 customers at Cashier counter • Average wait -time at Cashier counter was 3.18 minutes • Average service duration was 5.58 minutes Accounts Payables: • Processed 13,921 invoices • 42% of invoices paid via electronic funds transfer (EFT) 282 vendors paid via EFT 4,472 invoices paid via EFT Purchasing: Issued 1,924 Purchase Orders Payroll: • Issued 9,237 Paychecks • Trained 31 new employees on timekeeping processes Budget Management: • Processed 221 Budget Amendments, including 13 separate Council -approved Amendments 9o,oa0000 eo,oaoom ru.UW. 50.000.A00 46'".Ow 3Q000,000 20,000,000 1a,oaa,000 Business License/Cashier Team LM Accounts Payable Team Purchasing Team Personnel Management: • Had three long -tenured employees retire from City service • Hired a new Assistant Director of Finance, Ward Komers, to oversee the Purchasing, Budget, Treasury, and Investment divisions • Hired a new Fiscal Services Manager, Brigitta Bartha, to oversee the Accounting, General Ledger, Cashiering and Financial Reporting divisions • Reclassified two internal employees to higher level positions • Employed three temporary/project personnel to assist the department and help backfill for the vacant positions Team -Building: Payroll Team • Won the coveted Best Department Halloween Costume and Best Department Halloween Decorations contests. FINANCE DEPARTMENT i 2022 BEST GROUPCOSTUME �f T- HUMAN RESOURCES / RISK MANAGEMENT / EMERGENCY MANAGEMENT 2022 YEAR IN REVIEW Human Resources • Negotiated a 4-year MOU with Teamsters Local 911 • Successfully launched new paperless performance management system (Perform) April 2022, created three training guides, held four training sessions, made two major updates to better fit the organization needs • 243 evaluations completed in Perform • Updated emergency contact information for all City employees • Attended two in person job fairs where we made contact with roughly 200 potential employees • Attended Tyler Conference in preparation of the MUNIS implementation • Attended NEOGOV Connect conference where the City of Temecula HR staff was asked to provide testimonials which will be featured on the NEOGOV website • Successfully implemented the Hiring Incentive program for seasonal and hard -to -fill positions • Successful hiring Incentive results for seasonal staff consist of only 5% of staff leaving before the end of season 2022 versus 30% leaving prior to end of season in the 2021 • Hired 127 employees since January 1, 2022 • Successfully processed 7/1 COLA adjustment for all City employees • Processed 624 personnel transactions including 78 retirements and separations • Revised the onboard ing/orientation process to be more cohesive and comfortable for new employees • Updated 23 classification specifications to ensure job descriptions are current, accurate and relevant for recruiting and retention purposes • Created the Trades classification within the Public Works Maintenance Worker series to allow recruitment and hiring of well qualified applicants in specific trades • Reclassified 24 employees identified as working out of class through the annual reclassification process • Successfully implemented the Health Flex Contribution (HFC) increase for all authorized employees. • Conducted a special open enrollment period to coincide with the HFC increase and processed 10 related transactions. • Organized the first in person Health & Wellness Fair since COVID with participation from 25 benefit partners and wellness vendors and approx. 107 employees in attendance. • Processed 187 open enrollment transactions. • Relaunched WSP Committee meetings. • Successfully implemented a new and enhanced LegalShield and IDShield plan. • In process of implementing with a new Flexible Spending Account (FSA) and COBRA administrator with a 1/1/23 launch date. • Developed an improved and streamlined health insurance opt-out/cash-in-lieu process. • Created an Employee Benefit Overview video to promote and educate employees on benefit offerings. • Enhanced the Employee Assistance Program (EAP) to include 10 counseling sessions instead of 3 with an implementation date of 1/1/23 Risk Management • Completed multiple revisions of the COVID-19 Prevention Plan, due to changes in the Cal OSHA Emergency Temporary Standard. • Preparing a revision of the COIVD-19 Prevention Plan to align with the Cal OSHA Permanent Standard. • Managed multiple COVID cases, work related exposures and outbreaks. As well as many COIVD related leaves. • Continued to use safety training vendor, Safety Center Inc. for in -person safety trainings. • Continued the Employee Wellness Program in a hybrid environment. Started to develop a fitness center at the FOC for staff to use. Completed updates to the Civic Center Fitness Center, including new equipment, heavier free weights and newer technology. • Developed a Hearing Conservation Program with annual hearing exams for all employees who fall under the Cal OSHA regulation. Over 30 City staff had their hearing tested in August to give a baseline for annual testing. • Continued with Interactive Process meetings for on-the-job injuries. Helping supervisors and employees understand the world of Workers' Compensation. • City property damage cost recovery revenue is estimated to be $100,000 for the year. • Hepatitis A & B Vaccinations were offered to all staff who may have exposure based on their job duties. Exposed staff were offered the vaccinations or have signed a declination to maintain compliance with the City's Bloodborne Pathogen Program. • Hired a Management Assistant in March 2022 to assist with COVID-19, city training program, agreements, purchasing, A/P and other general office duties. • Implemented Learn, a cloud -based learning management system with NEOGOV, replacing Target Solutions, the City's previous learning management system. Completed department trainings to ensure a smooth transition between learning management systems. • Scheduled and facilitated Motivational Speaker, Terrance "Miracle" Minnoy, where over 75 employees attended in -person for personal development and growth. • Facilitated virtual Crisis De-escalation trainings for over 80 employees over three sessions. Employees obtained knowledge of how to effectively communicate in and recognize situations that could potentially escalate. • Coordinated over 15 ergonomic assessments of employee's workstations. Reviewed ergonomic reports, ordered, and installed ergonomic equipment. Over 20 employees have been outfitted with ergonomic standing desks in the past year. • Attended the NEOGOV conference with 4 others from the HR department. Gained additional knowledge on NEOGOV's suite of products and learned about exciting new products and enhancements. • Attended the National Safety Council Congress and Expo. Participated in safety training classes and networked with other safety professionals. Office of Emergency Management (OEM): Field Operations: Fairview Fire Response: • Provided support to Riverside County in the establishment of two mass care and shelter sites to support evacuations • Worked hand -in -hand with the Sheriff's Department and cooperators in developing the evacuation and re-entry strategy • Attended a Town -Hall meeting in support of pending evacuations of Wine Country • Provided twice daily briefings to the residents of each shelter • Provided up to the minute information to the Mayor, City Council, and Executive Staff on the progress of and issues related to the fire Program Management: • Worked hand in hand with the California Ranch Company (CRC) to develop an MOU between the two organizations for the sheltering of large animals. • Awarded a stand-by contract to DRC Emergency Services for Catastrophic Disaster Debris Removal and Services • Grant Manager o Successfully closed out the 2 SHSP / 1 EMPG Packages o Applied for the 1 EMPG Grant and 1 SHSP grants for upcoming years • Internship Program o The 1St graduated intern has secured employment with the Loma Linda University Health System o There are currently 3 Interns working with the Emergency Management program and two more pending for early 2023. • The Emergency Manager continues to build upon future requirements and increasing the budget to meet those requirements. • Hosted the 2d Annual Temecula Citizen Corps Volunteer Awards Dinner. • Developed the Emergency Management Committee to support the delivery of emergency management programs and requirements to the staff. Training and Exercises: • Command Central Notify Training (Mass Notification System) — Training conducted for all members of the Alert & Warning Team • Conducted the following training events: o Management Section — Objective Development o EOC Activation o Public Safety Power Shutoff (PSPS) o EOC Activation Exercises o Section Specific Training — Finance o Section Specific Training — Logistics (Communications) • Great Shake Out - o 9 individual events that took place at multiple city facilities to reinforce the strategies and policies used in planning and unplanned evacuations for an earthquake Hosted a Stop the Bleed training event that was open to all City Staff. Community Engagement & Outreach: • The Community Preparedness Backpack Program continues to have a positive impact on the community. In 2022 we saw the purchase of over 200 bags to the community. • Held the 2nd Annual National Preparedness Fair • Hosted Outreach Booths in the Community during National Preparedness Month. • Social Media outreach conducted highlighting the preparedness efforts of the city. • Attended the Temecula Fire Department Mini -Muster. Communications: • Continued to host a monthly Communications Check and Inventory of all equipment utilizing the radio communications team of the Temecula Citizens Corps (TCC). • Continue to work with the Public Information Officers (PIOs) to campaign for additional enrollment into the Reverse 911 system (Temecula Alert) for emergency real time notifications. Worked with FEMA to renew City IPAWS (Integrated Public Alert & Warning System) credentials ensuring access to the system for the next three years. Emergency Operations Center: • Continued the use of the EOC Action Planning Process for City Sponsored events Planning: The following plans have been written over the last year. • Mass Care & Shelter Plan 40 Emergency Operations Plan Local Hazard Mitigation Plan Continued the role of Grant Manager for the Office of Emergency Management and in support to the Fire Department and CERT Program F%_ 40 TEMECULA FIRE DEPARTMENT 2022 YEAR IN REVIEW Fire Department: • Successfully cross trained the field staff to do all types of inspections to make a versatile team. • Successfully relocated the Fire Explorer and Reserve programs to Fire Station 95 and the program continues to grow. • Attended training courses this year to help further their advancement in their positions • Successfully (in cooperation of Riverside County Sheriffs Metro Team, Temecula Code enforcement and building department) continues the Old Town Task force for occupant load checks with the bars/restaurants to ensure all businesses are controlling occupant load, and all businesses continue to operate and provide a Temecula Safe environment for their patrons. Accomplishments: • Completed the following projects in the City Fire Stations o Performed roof repairs at all Fire Stations and moved them to an annual maintenance schedule o Completed the installation of the new generator at Fire Station 73 o Preparing plans to go out to bid for the renovation at Fire Station 84. The plans are at 90% • Calls of service for Battalion 15, Temecula Division to date is 9,456: 0 8 Commercial Fires 0 856 False Alarm 0 36 Haz Mat 0 7,014 Medical Aids 0 2 Multi-Fam Dwelling Fire 0 63 Other Fire 0 91 Other Misc. 0 463 Public Service Assist 0 32 Residential Fire 0 27 Rescue 0 25 Ringing Alarm 0 79 Standby 0 716 Traffic Collision 0 21 Vehicle Fire 0 23 Wildland Fire One of the bigger accomplishments this year was the re -working of our community outreach programs. We have successfully introduced to the community a few different ways to educate our community on how to be fire safe and prevent fires. o The introduction of the brand-new Fire Prevention Inflatable house o New Mini Muster trials — this will be an annual program and we will also be touring the school district with this program 'IF o Winter Wonderland • The annual inspection program continues to meet the state mandated inspections and fulfill the requirements of SB1205. Temecula Fire successfully completed 1,036 initial inspections with 447 follow up inspections • Staff helps to educate business owners when it comes to any violations and how to correct them. We want them to know the importance and safety precautions and why any said items are required to be fixed and/or repaired. We are here to help our community and enjoy doing so. • New construction and tenant improvement work has been steady throughout the year. The prevention team has pulled together on several occasions to make sure large-scale projects stay on track and continue to work with the contractors to ensure all life safety measures are being met. • Staff has continued to evolve with the new way of handling plans and contractors, since now everything is electronic. By doing this, we have found it to be much more efficient and are continuing to grow and educate ourselves with all the changes. Contractors like the changes, and it has streamlined the process for all parties. • Completed to date: 0 1,693 Fire plan checks 0 79 Public Works plan checks 0 3,788 Building plan checks and Planning applications reviewed 0 4,025 New construction inspections 0 3,048 Annual inspections 0 2,401 State Mandated inspections • We continue to work with the TVUSD to ensure all school staff members that are required to have CPR/First Aid certification receive training from the local first responders. • In cooperation with Mikel Alford in Emergency Management, and Fire staff, we coordinated training for the Temecula Valley Hospital staff in the Stop the Bleed program. • The Temecula Citizens Corps is continuing to grow with the support of the City and Chief Crater: o Volunteer staff is up to 43 members o New uniforms were issued this year to create uniformity 0 2,500 hours of volunteer work 0 4 C.E.R.T. classes for Adults and Teens completed Completed to date: o 294 CPR students 0 171 First Aid students 0 143 Stop the Bleed students 0 14 Basic Extinguisher students 0 26 Adult Community Emergency Response Team students 0 42 Teen Community Emergency Response Team students TEMECULA POLICE DEPARTMENT (RSO) 2022 YEAR IN REVIEW Accomplishments • All deputies were outfitted with RATS tourniquets, which allow for one -handed application as opposed to a traditional windlass that requires two hands to apply. • All deputies were outfitted with new earpieces for use with their Motorola HTs. This improves safety as all radio communication is directed into the ear as opposed to a speaker that others can hear. • With the trafficking of methamphetamines, heroin, and the deadly threats of fentanyl, and carfentanil impacting our community, we need to quickly identify suspected narcotics in the field to help keep drugs, and drug dealers, off the streets. The Thermo Scientific TruNarc Handheld Narcotics Analyzer enables deputies to scan more than 498 suspected controlled substances in a single, definitive test without ever having to open a suspected package. Purchased Two TruNarc Units. • Purchased Automated External Defibrillators (AED) for all patrol units. • A new refrigerator was purchased and placed in the booking area for bottled water. • Acquired a new vending machine, providing healthy food and beverage options for staff. • Purchased breaching kits for all patrol units. • Purchased telescopic ladders for all patrol units. • Purchased bulletproof blankets for all patrol units. • Conducted Active Shooter Training for the entire Station. • Received funding for a new report writing room renovation. • Remodel of the Old Town Police Department, which will house the Metro Team. • Relocation of the newly created CORE Team to City Hall. • Axon Body Worn Camera (BWC) rollout for electronic evidence submission to District Attorney. • Expanded the Flock Camera System in the city and the unincorporated area of French Valley. • Criminal Transient Enforcement property placement shelves. • Placing of Narcan/Kloxxado around the station and substations for fentanyl exposure. • A very successful and well -attended National Night Out in front of City Hall. Programs Implementation of a city Community, Outreach, Resources, and Engagement Team (CORE). The CORE Team is a premier community -orientated policing and problem - solving unit that develops meaningful and sustainable relationships throughout the community, and is committed to providing first-class service to promote the city's mission and values to the community. The CORE Team recognizes that community engagement is essential to building a safer and happier city. Implementation of the Burglary —Robbery Suppression Team (BST-RST). BST-RST hit the streets in November of 2022. Burglaries are one of the top crimes affecting Temecula and the surrounding areas. To help combat this problem, the Burglary — Robbery Suppression Team was formed to focus solely on burglaries and robberies. They handle all burglaries, vehicle, residential, and commercial. The team of two deputies, two investigators, and a sergeant work together to target the neighborhoods in the contract city of Temecula and the unincorporated areas. They have the expertise and ability to conduct burglary —robbery investigations from start to finish. BST-RST begins with the initial report or by conducting follow-up and then follows through to the arrest of the suspect(s) involved and recovery of the stolen property. They will identify individual burglars and burglary groups and conduct surveillance to gain information on crime trends and patterns. The team is focused primarily on burglary and robbery enforcement efforts. Services Temecula Sheriff's continues to have full law enforcement services at the Temecula Mall Substation and the Old Town Substation at City Hall Temecula Sheriff's continues to have a presence and office space at the Community Recreation Center at Ronald Reagan Sports Park 2022 Statistics Patrol Division • Total Temecula calls for service — 84,914 • Average response time to priority calls — 7.14 minutes • High -priority calls for service — 860 Volunteer Services • Maintained increased Volunteer Forces • Total Volunteer hours — 7,986 HOT Team Incorporated into the CORE Team in MAY 2022 Outreach Attempts — 78 • Homeless and SWAG Street Exits — 27 • Arrests — 322 • Consistently assisting SET, INV & GTF, and supplementing patrol METRO Team • Arrests — 802 • Consistently assisting SET, INV & GTF, and supplementing patrol Special Enforcement Team • Search Warrants — 95 • Arrests — 588 • Consistently Assisting METRO, CORE, GTF, INV, and supplementing patrol CORE Team Formed in May 2022 Outreach Attempts — 10 • Homeless and SWAG Street Exits —6 • Arrests — 133 • Search Warrants — 1 • Consistently assisting SET, INV & GTF, and supplementing patrol Investigations • Cases assigned — 374 • Cases closed — 437 • Cases filed with DA — 47 • Arrests — 47 • Search Warrants — 222 Traffic • Citations issued — 15,660 • Commercial Enforcement citations issued — 323 • DUI arrests — 380 • DUI Checkpoints conducted — 8 • Injury traffic collisions — 236 Promenade Mall • Arrests — 165 • Calls for service — 2,469 • Citations �Iffv " 4 .0-1 0 � k Ift INFORMATION TECHNOLOGY AND SUPPORT SERVICES 2022 YEAR IN REVIEW Departmental • 2022 Municipal Information Systems Association of California (MISAC) Excellence in IT Practices Award • 2022 Nationwide Cybersecurity Review (NCSR) • Surveillance System Policy Legal Review and Update Cyber Security • Completed the Lifecycle of Network Firewalls • Provided End -user Cyber Security Training Through Email Phishing Campaigns and Cyber Awareness Videos • Upgraded Enterprise Endpoint Protection (Virus Scanner) • Antivirus Blocked 6,000 Threats • Firewall blocked 900 million Threats Network Infrastructure • Old Town Wi-Fi Provided Internet to over 44,000 Visitors • Internet Speed and Wi-Fi Upgrades at Various City Facilities, Including: o City Hall o Skate Park o CRC o Patricia H. Birdsall Sports Park o MRC • Support of the City's Phone System o Over 157,000 Inbound Calls o Over 70,000 Outbound Calls • ShoreTel Phone System Hardware Replacement • Reconfigure TCC, Theater and Senior Center Data Closets • Implemented a New Traffic Network in Conjunction with the Public Works Traffic Division • Temecula PD Reconfigure o New Fiber Run from PD Old Town to Data Center o Reconfigured Old Town Storefront to Meet Additional Network Requirements of the METRO team o Configure Five Workstations Within City Hall for the Core Team • Improved network Resilience Adding Redundancy to the Core Switches • Decommissioning of All Legacy Servers Tech Support • Monitor Lifecycle Replacement • Computer Lifecycle Replacement • Received Nearly 400 Calls to Helpdesk • Processed Over 2,100 Helpdesk Tickets Submitted Enterprise Application Services • Improved Business License Workflow & Automations • Applied Major Version Upgrades to Asset Management, Records, and Financial Software Applications • Built and Configured Infrastructure for New Financial System Implementation • Designed and Tested Automation for Electronic Permanent Public Records Transfer • Started Pilot Program for Citywide Microsoft Teams adoption • Configured Metadata Cleanup Automations for APN Record Search via GIS • Redesigned Employee Benefit Enrollment Electronic Form • Participated as Advisors in TVUSD's Career Technical Education "CTE" Information and Communication Technologies Program • Configured and Tested Permitting & Land Management KPI Executive Insights Tool Geographic Information Systems (GIS) • Citywide Beautification Project — Phase I • Produced Various Maps for Holidays and Special Events o Christmas o Fourth of July o Halloween o Rod Run o Santa's Electric Light Parade • Assisted With Mapping and Data Collection for Citywide Projects 0 79 Policy Area o Flock Camera Map o Utility Box Art Map o Inlets Map o Pickleball Maps o Zone of Negative Influence (Wildlife Corridor) Maps o Vacant Properties Project o SMER Maps o RTA Stops and Routes o Pump Track Exhibits o Fiber Optic Cables o Blue Ribbon Committee Meeting Maps o Council District Map Update o Pavement Management 2022 o Uptown Specific Plan Maps o Local Hazard Mitigation Mapping/Statistics • New or Updated Web Maps o EOC Dashboard o CIP Storymap o Weed Abatement App o Temecula Benchmark App o Park Map Video Flythrough o Council District Lookup o 3D Old Town Exhibit o Activity Guide o Temecula Creek Trail Animation o Beautification Storymap o Am I in the City App • Outreach o ESRI Map Gallery submission o GIS Day 2022 Support Services • Front Reception Services o Call Volume ■ Received Over 25,000 Calls ■ Maintained an Average Call Duration of Approximately 1:20 minutes o Department Support ■ Supported Finance by Assisting with Business License Renewal Notification • Central Services o Installed 8 New or Replacement Copy Machines o Installed a New Plotter o Printing services ■ Approximately 2,700 plans and posters printed ■ Approximately 1.4 million copies made o Mail and Shipping ■ Processed Approximately 28,000 outgoing USPS mail pieces ■ Delivered Approximately 20,000 incoming USPS mail pieces ■ Delivered Approximately 2,200 packages received via Fed Ex, UPS, and Amazon Media Services • Website Accessibility Enhancement • Completed an RFP for the Old Town Sound System Upgrade • Television Station Equipment Replacement • Live Stream Closed Captioning • Participated as an Advisor in TVUSD's Career Technical Education (CTE) Arts, Media and Entertainment Program • Video Production — Over 100 videos produced, 50 drone missions flown o Public Meetings ■ 46 Board and commission meetings ■ 24 Council Meetings ■ 5 Quality of Life Master Plan Blue Ribbon meetings o Special Events ■ State of the City Address support and drone footage ■ State of Tourism Address ■ Mini State of the City Addresses ■ Pechanga Pu'eska Mountain Day ■ Women's Career Conference ■ Virtual College Fair ■ 4th of July Parade ■ Santa's Electric Light Parade ■ 2022 Economic Forecast Cribs video ■ Motivational Speaker - Terrance "Miracle" Minnoy ■ Read Across America o Groundbreakings and Ribbon Cuttings ■ Utility Box Art Project Ribbon Cutting ■ Ronald Reagan Sports Park Concession Stand Ribbon Cutting ■ Santa Gertrudis Creek Interconnect Trail Ribbon Cutting ■ Old Town Temecula Creek Walk Ribbon Cutting ■ Wolf Creek Park Mini Pump Track Ribbon Cutting ■ Margarita Recreation Center Groundbreaking ■ TVE2 Ribbon Cutting ■ Las Haciendas Groundbreaking o Drone Missions ■ GIS Day - Drone Demonstration ■ City Council Vacant Land Workshop Presentation — 14 Sites ■ 3 Around and About Temecula drone footage ■ 13 weekly MRC Construction flights ■ State of the City/State of Tourism footage ■ Temecula Creek/Walmart Fire Survey footage ■ Temecula Creek Grant Application Footage ■ Sports Ranch at Sommers Bend Completion Footage and Aerial ■ 7 TCSD Events • Summer Concert Series • Pump Track National Championships • Build Your Own Boat Regatta • Art and Street Painting Festival • National Night Out • FIT Fun Color Run • Ice Rink Timelapse ■ Outreach • 6 Episodes of Hello Temecula • 1-15 FVP2 Freeway Closure PSA • National Night Out PSA • 2022 Council Candidates Forum Surveillance and Security Systems • Citywide Surveillance (Ongoing) o Installation of cameras at RRSP New Restroom • Completion of Surveillance Projects at the Park and Ride, Ronald Regan Sports Park, and the Old Town Police Station • Margarita Recreation Center Surveillance and Security Systems CIP • Traffic Intersection; Cameras, Fiber, Switching, and Controllers • One -Way Audio Pilot Project Library Technology Service • Support to Patron Computers • Increased the Speed and Performance of the Library Public Computers • Lifecycle replacement of all OPACS at the library • Provided Wi-Fi Service to Over 11,000 Library Patrons Employee of the Year 2o& ewe. toa ee Of the • n ear Ewa -�0 Ir ff TEMECULA COMMUNITY SERVICES DEPARTMENT 2022 YEAR IN REVIEW As we approach the end of another memorable and successful year, Temecula's Community Services Department (TCSD) proudly lists the following as examples of how we help create high -quality community pride through people, parks, and programs: Administrative Services (AS) • Thoroughly reviewed the Department budget resulting in reduced expenditures and an increase in revenue projections as programs and facilities are now fully operational. • Initiated meetings with the Division managers to prepare and track expenditures and staffing on a quarterly basis. • Successfully restructured the Administrative Services process of contract routing which resulted in an increase in accuracy and efficiency. • Collaborated with Public Works and moved into the project phase of relocating and enhancing the dog park at Michael `Mike' Naggar Community Park. • Created a searchable database of the Community Services Master Plan recommendations. • Created a Department Grant Submission Calendar. • In partnership with Community Development, Administrative Services calculated seven Quimby fees for current housing development plans. Aquatics (A) • Served over 140,000 patrons between all three pools; taught over 4,000 swim lessons; 103 special needs swim lessons; 15,515 lap swimmers; provided exercise classes to over 1,400 participants; and taught Lifeguard, Lifeguard Instructor, and Water Safety Instructor classes to 167 participants: o Grand Total: 141,196 (including spectators and rental groups) o Youth Swim Lessons: 4,047 o Adaptive Lessons: 103 o Lap Swim: 15,515 o Water Exercise: 1,416 o Public Swim: 13,524 o LG / WSI / LGI Classes: 167 • Swim Lessons: o Provided a record number of over 4,100 swim lessons to participants of all ages and abilities. o Partnered with First 5 Riverside to provide swim lesson scholarships to 86 children ages 5 and under from low-income families. o Brought Adaptive Swim Lessons back to their pre-COVID operation and provided swim lessons to 103 children with special needs. • Classes: o Reintroduced the Introduction to Water Polo class with 57 participants who learned the basics of water polo through an eight -week class. o Offered 57 water exercise classes including Aqua Fit; Deep Water Aerobics; Water Walking; Aqua Combo; Shallow Water Aerobics; and Aquacise to 1,416 participants. o Maintained a lap swim lane reservation system enabling patrons to reserve and pay online. o Successfully moved programming from Chaparral High School (CHS) to Temecula Valley High School (TVHS) for the summer season due to major renovations at the CHS location. TVHS was used for swim lessons, lap swim and swim team. o Provided a record number of 19 American Red Cross courses for staff and community members, including Lifeguarding; WSI; Lifeguarding Instructor; and Title 22 Advanced First Aid. Staffing: o Successfully staffed the Eagle Soar Splash Pad located at Michael `Mike' Naggar Community Park since March, with total attendance over 35,000. o Hosted Temecula's third Aquatics Hiring Workshop to share job opportunities in the Aquatics division with teens and parents. 33 potential employees (and their parents) attended and learned about the hiring process, work environment, and the benefits of working at the City of Temecula. o Hosted Aquatics Tryout Clinic and Practice Days to help improve applicant's skills and let them experience a mock tryout with feedback (43 participants). o Hired 33 new team members who joined 43 returning team members in May 2022 and had a full staff of 76 for the summer season. o Created Bring a Friend to Work Day for current team members to bring potential employees to work, experience the environment, and create a connection to help with recruiting efforts. o Staff completed over 5,000 hours of training throughout the year. Training topics include water rescues, CPR, using an AED, administering emergency oxygen, treating sudden illnesses, taking a patient history, advanced first aid, spinal injury management, head injury protocols, general policies and procedures, mandated reporter training, workplace practices training, swim lesson instruction, and emergency management. Volunteers: o Junior Lifeguard Program held for two different age groups this summer. Students in the 10-13 age group received certifications in Junior Lifeguarding and Longfellow Whale Tales Water Safety. Students in the 13-16 age group assisted with swim lessons and were certified in CPR/First Aid and Water Safety Instructor Aid (53 total participants). o Brought the Swim Buddy Program back after a pause during COVID and had 52 volunteers assist with Adaptive Swim Lessons. o Junior Lifeguards and Swim Buddies volunteered over 2,800 hours assisting with public swim and swim lessons. Presentations: o Assisted with a large-scale Sidewalk CPR event at Great Oak High School on April 20, 2022 (with Matt Hayes, Mikel Alford, FIRE, and Temecula Valley Hospital) to teach over 500 high school students basic CPR. o Conducted presentations about water safety at Safety Town — an interactive safety -awareness course for children put on by Temecula Sunrise Rotary. Staff conducted four 30-minute presentations for approximately 80 children. X Conducted water safety presentations for over 500 children ages 1 to 5 years old at ABC Childcare Center and ABC Village. The small group presentation used song and dance to introduce valuable water safety information. Special Events: o Hosted the first annual Water Safety Event at the Community Recreation Center to educate community members about water safety. This event was held on Friday, May 27, 2022, with over 150 participants and was put on in collaboration with the Inland Empire Water Safety Task Force; Stop Drowning Now; CalFire; and Temecula Valley Hospital. Awards: o Earned 2022 Best of Aquatics for Excellence in Lifeguard Management from Aquatics International Magazine. Arts, Culture & Entertainment (ACE) • Successfully solicited, curated, and implemented the first phase of Temecula's comprehensive Public Art Program, the Utility Box Art Program in Old Town Temecula, featuring 20 Utility Boxes decorated with 24 art pieces. • Offered the community seven new Emerging Artist Murals featuring large-scale, temporary installations by local artists with diverse topics: Martin Luther King's "I Have a Dream" speech; Earth Day; Animals of the Temecula Valley; America The Beautiful, Fall Colors; Grandpa's Wisdom; Native American Heritage Month; and Christmas Around The World (included a community paint component). • Organized a Temecula Valley Unified High School Student Art Showcase and Reception displayed at the CRC. • Organized the 15t" Annual Ralph Love Plein Air Competition exhibit and reception to an online format with a record 24 artists contributing 31 beautiful artworks featuring their artistic view of landscapes of Temecula. • Temecula Cultural Arts Map acknowledged with a Marketing and Communications Award of Excellence and participated in a Best of the Best event at the 2022 CPRS Annual Conference in Sacramento, CA. • Worked with ITSS / GIS Division to develop virtual maps detailing the Old Town Temecula Utility Box Art Program and the City of Temecula's Public and Cultural Arts locations. • Worked with TCSD's Community Outreach Division to create a Scavenger Hunt in conjunction with the Old Town Temecula Utility Box Art Program project, and to create an Agents of Discovery online game. • Offered the monthly First Fridays' Art Off The Walls in The Gallery at The Merc and The Lot on Main and successfully transitioned oversight from TCSD's Special Events Team back to TVM's ACE Team operations beginning in April of 2022. Since then, a total of 111 total artist booths (an average of 14 per event) were used for various artists to display and sell their work at no cost to the artists. • Coordinated 27 art gallery installations at Ronald H. Roberts Temecula Public Library; Civic Center Gallery; The Gallery at The Merc; and Temecula Valley Museum Rotunda Gallery. • Conducted Art Gallery receptions, operating in conjunction with Art Off The Walls for various artists to showcase their talents, including nine individual artists and three artist groups, including Dorland Mountain Arts Colony; Temecula Valley Arts League; and Temecula Creates City of Temecula Art Instructors student art at The Merc. • Offered the first Temecula Street Piano Experience to Old Town Temecula visitors and patrons attending Art Off The Walls (November 2022). Community Recreation Center (CRC) & Ronald Reagan Sports Park (RRSP) Community Recreation Center (CRC): o Worked with PW/CIP Division to coordinate temporary closure in October 2022 to prepare for renovations to the building (November 2022 — April 2023). o Improvements to the building include a new roof, new flooring throughout the facility, improvements to the kitchen, and some ADA upgrades. Teen Zone: o Theme Box: The Teen Zone curated monthly theme boxes all year. Boxes include crafts, activities, and games for teens to complete independently. o Teen Zone memberships continued to increase this year. o The Teen Zone extended its Teen Zone hours to 8:00 pm on weeknights. o Teen Basketball reopened this year, and it was a huge hit. o The Teen Zone moved to the Ronald H. Roberts Temecula Public Library in October due to the CRC closing for renovations. CRC Staff continued providing crafts, games, and activities for Teens on Tuesdays at the Library. o On Thursdays, Teen Zone was held at the Skate Park, where staff engaged with the kids playing outdoor games and activities. Summer Day Camp (SDC): o Operated filled -to -capacity SDC from June 6 — August 12, 2022, with 120 daily campers (ages 6-14) and 30 volunteers engaged in recreation activities such as crafts, sports, games, swimming, field trips, camp Olympics, and a camp carnival. It was a successful summer. • Color Run: o The CRC hosted the 6"' Annual F.l. T. Fun Color Run at the Ronald Reagan Sports Park (September 25, 2022), the Valley's most fun 5k Run with music and color stations throughout the course; a kid's obstacle course; bounce house zone; face painters; Kona Ice; balloon artist; and sponsor/vendor area. A record 900+ runners registered, and an estimated total of over 2,250 were in attendance. Skate Park (TSP): o TSP hosted bi-monthly Scooter Jams that featured prize drawings, music, and refreshments for ages 17 and under. Response to COVID-19: o Continued partnership with Riverside Country Public Health and Curative to provide free COVID-19 testing at the Ronald Reagan Sports Park. CRC staff coordinated parking and signage. This program went from January — October 2022. • Rentals and Classes: o Rentals for City -sponsored groups and private groups resumed this year at the CRC. o Continued to offer contract classes as well. Community Outreach (CO) Earned Temecula 2022 DigiFest Honorable Mention and People's Choice Award for Temecula's City Founders Website Design/Professional Category. Produced and launched four episodes of Around & About Temecula: 0 7,000+ Facebook, Instagram, and YouTube total views to date for Episodes 24 through 28. 0 70,000+ Facebook, Instagram, and YouTube views to date for all 28 Episodes. Created, produced, and released eight new episodes of Around & About Temecula — Park Adventures Series, a series that highlights every park in the City of Temecula. They have received a combined 9,641 views on Facebook, Instagram, and YouTube. • Increased TCSD Facebook Followers by 34%, to 5,636. • Increased TCSD Instagram Followers by 40%, to 5,362. TCSD's Media Team began posting on Instagram daily, as this platform has been growing in popularity. • Facebook Reach: 119,584 (+36.7%) Instagram Reach: 122,628 (+122.7%) • Created 48 successful Instagram Reels increasing viewership and follows (over 243,000 Views). • Created 171 Stories increasing viewership and follows (over 75,500 Reaches). • Assisted, created, edited, and issued 65 Press Releases, keeping residents up to date on all virtual, hybrid, and in -person events, programs, and activities. • Team TCSD's collective efforts are focused on introducing and promoting the NEW Special Event: Temecula CultureFest throughout MAR -APR -MAY 2022 with a comprehensive, branded promotional campaign including a new logo created in-house. • Successfully released Path of Honor Social Media Campaign resulting in 42 new Veteran pavers being inducted into the path, breaking the previous year's record of 36. • Successfully released Military Banner Program Social Media Campaign resulting in 25 new Military Banners being inducted to the Military Banner Program outside the Civic Center. • Community Outreach Team presented a California Park & Recreation Society (CPRS) Webinar (July 2022) with 51 participants from cities and counties all around California and received positive feedback. Scheduled to present this education session in -person at the Annual CPRS Conference in San Diego (April 2023). • Attended numerous 2022 special events setting up a Community Outreach Booth. Events included, three Summer Concerts, F.I.T. Fun Color Run, 6'h Anniversary of Vail Headquarters hosted by the Temecula Historical Society, and more. These booths allow us to have face to face interaction with our community. • Created and presented Sister City Miss You video to our friends in Daisen, Japan. They loved the video and aired it on their social media outlets in Daisen to help promote the program until we can all meet again (February 2022). • Produced and provided 2022 TCSD Homeless Outreach video for Temecula's State of the City as requested by the City Manager's Office (May 2022). • Created another two episodes of the Temecula Alumni Series featuring Mayor Matt Rahn; Former City Council Member Mike Naggar; and Senator Jeff Stone (May 2022). • Created video to honor 2022 Path of Honor paver inductees with an introduction by Mr. Michael Bircumshaw, program Executive Director (November 2022). • Processed and served as liaison for IE Film Permit at Temecula's Pump Track for Shooters Films LLC (Yvolution: Velo Bikes Commercial). • Created a Temecula Community Services Social Media Policy to streamline Departmental communication with the public and to ensure professionalism and consistency. This policy will operate under the City of Temecula's Social Media Policy, but with specific guidelines for TCSD and the divisions that use Social Media outlets. • Designed logos for various Departments and Divisions including: Temecula CultureFest; Temecula Employee Wellness Fair. Power Up (Human Resources); Temecula Welcome Center; and Temecula Adult Sports Leagues (basketball and kickball). • Supported various Divisions in graphic design, branding, and marketing materials promoting programs and activities, including numerous social media posts, flyers, posters, eblasts, logos, websites, brochure design, and invitations. • Secured $2,000+ in Sponsorship donations for 2022 F.I.T. Fun Color Run. Contract Classes / Recreation Software / Activity Guide / Jefferson Recreation Center / Harveston Community Park Room (CC / RS / AG / JRC / HCPR) • Contract Classes: o Successfully programmed 3,800 Contract Class offerings for all ages: • Interests included offerings for Summer & Spring Break Camps, Preschool Enrichment, Youth & Teen Enrichment, Sports & Fitness, Performing Arts, Visual Arts, Special Needs, Seniors, and Adult Enrichment. o Approximately 11,500 participants attended a Contract Class throughout the year. o Approximate revenue generated from Contract Classes was $1,000,000. o Continued with COVID recovery efforts to bring back Contract Class programs cancelled during the pandemic. o Managed instruction and performance of 30 Contract Instructors throughout the year. o Hired the following new Contract instructors to teach programs: • Robert Bryant — Youth & Adult Tennis • Heidi & Ken Betts — Youth Tennis • Lauren Gillmore — Stroller Strides Recreation Software / CivicRec: o Continued implementation and oversight of the CivicRec Recreation Software System to streamline process for staff and enhance customer service experience for the public. o Software is used by the public for all class and program registrations, special events, and Aquatics programs; and utilized for reservations for picnic shelters, facility rentals, lap swim, and field permits. o Successfully added the new Sports Ranch @ Sommers Bend for field reservations to the software system. o Added two new locations available for lap swim reservations at TES and TVHS pools. o Effectively and efficiently processed online and in -person transactions as follows: • Approximately 55,000 transactions were processed during the calendar year. • Software system successfully processed $2,700,000 of department revenue. TCSD Activity Guide / Marketing: o Improved the overall branding and design style of Contract Class flyers, e-mail blasts, and Social Media campaigns. o Successfully designed and distributed 52-page Summer/Fall 2022 and Winter/Spring 2023 Activity Guides highlighting all TCSD programs and services available online and were sent by mail to all residents of Temecula. Jefferson Recreation Center (JRC): o Successfully managed operations and facility use of the Jefferson Recreation Center. o Offered approximately 700 classes for the community at this location. Harveston Community Park Room (HCPR): o Successfully managed operations and facility use of the Harveston Community Park Room. o Relocated many programs to this location previously held at the MRC due to facility closure. o Offered approximately 500 classes for this community at the location. o Started CIP discussions for future renovation of the Harveston Community Park Room due to increased demand for programming at this location. Homeless Outreach (HO) • Conducted 2022 Riverside County PIT Count, resulting in an official homeless count of 28 unsheltered individuals, resulting in the largest decrease (53%) in the County. • Participating in the 2023 Riverside County PIT Count planning process. • Successfully assisted 76+ individuals exiting Temecula streets in collaboration with CORE Team; Social Work Action Group (SWAG); and CMOH/other non-profit partners. • Cleared over 60 dangerous & unhealthy encampments in coordination with Public Works and Code Enforcement. • Assisted 15 families utilizing $27,817 of CDBG funded financial assistance as part of Homeless Prevention and Diversion Program. • Utilized CDBG-CV funding to launch Temecula's first Bridge Housing Program. • Assembled and distributed hygiene kits to homeless individuals throughout the City of Temecula. • Hosted In -Reach Event at Temecula's Help Center to connect homeless clients directly with service providers. • Coordinated monthly collaborative meetings at Help Centerwith SWAG; CORE; Community Mission of Hope (CMOH); and Project TOUCH. • Negotiated with RUHS to provide a full-time mobile crisis management team to assist homeless and vulnerable residents with mental health crisis services, at no cost to the City beginning in early 2023. Inclusive Services (IS) • Throughout the year staff planned events, meetings, and activities for Inclusive Programs: o High Hopes and SKIP Programs met at least once per month and meetings consisted of various activities including dances, games, artwork, crafts, outdoor enrichment, holiday parties and celebrations, and much more. o Global Citizens Horticulture & Viticulture Vocational Program met twice per week during the Spring and Fall program sessions, and participants received completion certificates after each program session. ■ Global Citizens activities included field excursions to local vineyards (Spero and Wilson Creek), gardening at the MPSC Community Garden, resume building, Food Handler's Certification, and much more. o Inclusive Social Skills Program: ■ Expanded programming to include Friendship Park as an additional site during the Spring, and expanded program Fall hours. ■ Held Spring, Summer, and Fall sessions of the Eagle Soar Playground and Splash Pad Inclusive Social Skills Program at the Michael `Mike' Naggar Community Park. ■ Partnership with the disABILITY Sports Foundation provided adaptive sports play and various enrichment activities for families and children with disabilities. ■ Held an Autism Awareness Day at the Park, as well as Down Syndrome Awareness Day. o Youth Advisory Council (YAC) met once per week and students engaged in actively serving the community including the following programs: ■ YAC Holiday Food Drive: YAC students planned a Holiday Food Drive to benefit the Temecula Noon Rotary which then used proceeds to benefit the senior community with over 750 food items gathered during November 2022 Food Drive. ■ YAC assisted in the annual Health & Community Resource Fair. ■ YAC participated in Earth Week through Adopt -A -Park services. ■ YAC assisted with sports and activities at the Inclusive Social Skills Program at Friendship Park. ■ YAC partook in a Resume Workshop and learned how to build a strong resume. ■ YAC facilitated the Quality of Life Master Plan Blue Ribbon Teen Focus Group. Summer Food Service Program (SFSP): o Offered free meals three times per week, serving over 2,800 meals over a seven - week program. Meals served increased by 30% this year. Expansion of Inclusive Volunteer, Internship, and Workforce Programs: o Working with three local supported employment programs to facilitate community centered volunteer opportunities for disabilities with special needs: CareRite; Cole Vocational; and Toward Maximum Independence. o Hired an intern through the Paid Internship Program funded by Inland Regional Center as part of the Easter Seals Program. Mary Phillips Senior Center (MPSC) • Served on average over 1,250 meals monthly as congregate Senior Meals. This is more than one -and -a -half times the amount served monthly pre -pandemic. • Cool and Warm Center: o MPSC provides seniors and vulnerable populations with a safe place to escape extreme temperatures. Participants of this program were provided with snacks, water, fans, hats, and sanitizers. o The Cool Center Season of 2022 at the MPSC accommodated 1,625 participants. • Health & Community Resource Fair: o Over 100 health and wellness vendors provided resources, screenings, and giveaways to community members. o This year the Health & Community Resource Fair featured Open Streets for all to enjoy walkable areas, bicycle-themed activities, demos, and booths. o Rewarded sponsorship funds from Inland Empire Health Agency. • MPSC conducted the Loma Linda Senior Needs Assessment Focus Group as a part of the Temecula Sunrise Rotary grant opportunity. • Monthly Health Screenings: o Free monthly Health Screenings at the MPSC hosted by Dr. Richard C. Lamm. • Screenings change each month and include peripheral arterial disease; bone density; facial skin analyzer; glucose; fat analysis; and more. • Earthquake & Emergency Preparedness Kits: o Free Earthquake & Emergency Preparedness Kits were distributed to all the MPSC seniors who participated in the annual Earthquake Drill. o The kits came from the City of Temecula's Emergency Operation Center and were sponsored by the Veterans of Foreign Wars California Motorcycle Club. • Thanksgiving Baskets: o A total of 65 seniors received a Thanksgiving Basket from the Rotary Club of Temecula containing a Walmart gift card and all the traditional Thanksgiving fixings, and a ham basket from Rotary over the Holidays. • Be A Santa To A Senior: 0 Rotary will also provide gifts for over 80 seniors. • MPSC Transportation (30 passenger bus and 14 passenger Electric Shuttle): o Expanded programming and services to seniors, youth, and individuals with special needs. o Senior Excursions: offered in-house transportation for senior excursions to various locations including the Palm Springs Aerial Tramway and Art Museum; Orange County Fair; Bates Nut Farm; Carlsbad Flower Fields; and more via the Human Services Shuttle. o Silver Shuttle: offered curb -to -curb transportation to local shops to encourage seniors to be active members of the community. o MPSC Drivers provided various City Tours (Planning; CIP; and CM Tours). • Offered AARP Tax Aide Services (through April 15, 2022). • Public Works secured EOS grant funding for the installation of an MPSC Emergency Generator. During an unplanned outage, the MPSC was opened to the public after hours • During the Fairview Fire, MPSC provided a resource pamphlet and emergency tools to the senior community. MPSC Team provided staff support at the Emergency Shelter as well as transportation services as an option. • Restored and expanded staff led recreation and enrichment programs at the MPSC such as Get Active Program; Intergenerational Tech Program; Visual Arts; and Social Fridays. • Chuck Washington, Third District County of Riverside Board of Supervisors, sponsored 50 Western Eagle Foundation Food Vouchers to the senior community. • CA Department of Food and Agriculture provided MPSC with 60 Farmers' Market Vouchers as part of their Senior Farmers' Market Nutrition Program. • Provided various community presentations on Senior and Inclusion Services which included the Temecula Rotary; Chamber of Commerce; Department of Rehabilitation; Temecula Valley Unified School District; and Inland Regional Center. Old Town Temecula Community Theater (OTTCT) / The Merc (TM) • Entertained 43,607 visitors since January of 2022. • Hosted a total of 307 performances with average attendance percentages of 55% (Theater) and 75% (The Merc) January through November 2022; Presented 5,619 performances for a grand total of 878,847 patrons (since opening in 2005). • Nearly 50 Active Temecula Theater Volunteers serving at the Theater and The Merc. • Over 23,800 patrons reached via monthly/weekly e-blasts (32% average open rate). • The Temecula Theater hosted the City of Temecula Youth Musical Theater in their annual winter and summer residencies: Footloose The Musical (January 21-23); Beauty and The Beast Jr. (January 28-30); 13 The Musical (June 24-26); and Seussical Jr. (July 1-3); All sixteen performances were sold out with approximately 5,281 patrons in attendance. • Celebrated Black History Month by providing various impactful virtual presentations on our social media pages including: o Cellist Anita Graef's virtual classical concert; the inspirational performance presented by Be Exalted Praise Dancers. o A moving presentation of Dr. Martin Luther King Jr.'s I Have a Dream speech, recited by local community member, Christopher Warren. o Temecula Presents partnered with the Temecula Valley Museum to present a live dance performance by Hiplet Ballerinas (February 19, 2022), a multi -cultural dance group from Chicago combining hip -hop and ballet to create stunning sold - out performances with 343 patrons in attendance. • Temecula Presents' Student -Led Arts Education Internship Program concluded its fourth annual production with The Wizard of Oz (February 25, 26 & 27, 2022). All four performances sold out with 303 patrons in attendance. o Auditions for Alice In Wonderland occurred (November 2022), and participation in this free, equitable, diverse, and inclusive program continues to increase since inception in 2018. The Merc continues to offer star -quality performance from various At The Merc Series'. - Jazz @ The Merc (Thursday); Country Live! @ The Merc (1st & 3rd Satrurday); Classics @ The Merc (2nd & 4tn Sunday); Speakeasy @ The Merc (2nd Saterday); and Stand -Up Comedy @ The Merc (Last Saturday). Welcomed a new series Brazilian and Latin Jazz @ The Merc (31 Thursday); The Merc also offers free art exhibits and more! Hosted TEDx Temecula (September 24, 2022) Annual Conference: Future Tense, marking the eighth year Temecula's Theater has served as the official venue for TEDx speakers to inspire audiences of all ages. • Old Town Temecula Community Theater celebrated the 17t" Anniversary since opening on October 4, 2005. Temecula Presents launched the 2022-2023 Season with a top- notch line-up. The Long Run: Eagles Tribute (September 29, 2022); Deja Vu: Crosby, Stills, Nash and Young Tribute (September 30, 2022); Taylor Made Tapestry: James Taylor and Carol King Tribute (October 1, 2022). We entertained nearly 900 patrons during our Theater's annual celebration. • Temecula Theater Family welcomes Backhausdance, led by artistic director and founder Jennifer Backhaus, as our new resident dance company; Backhausdance opened our Dance Series on November 19, 2022, to an enthusiastic audience. o Temecula Theater continues to engage our community with 90-minute, free master dance class taught by our professional dance company in residence. Jennifer Backhaus will return to host Reverb Tap Company (January 7, 2023); and Ririe -Woodbury Dance Company (April 29, 2023). • Theater Technology Upgrades, Improvements, and Innovations: o Implemented new video system to record our theater performances. o Deep cleaned Theater and The Merc interiors with paint and improvements. o Installed new arm rests on the audience chamber chairs. o Framed, dry walled, and painted former projection space, now used for storage. o Theater crew continues to maintain equipment with quality repairs to support the aging system. 0 Ronald H. Roberts Temecula Public Library (RHRTPL) • This year marks 16 years of Library service to our community at the Ronald H. Roberts Temecula Public Library: o Door Count 212,574 o Hours Open 3,000 o Circulation 563,841 o Self -Checkouts 131,258 o New Patrons 5,253 o Added Items 8,574 o Volunteer Hours 13,357 • Completed and submitted award application for the 2023 National Medal for Museum and Library Service — Ronald H. Roberts Temecula Public Library was nominated by Congressman Darrell Issa (November 2022). Winners will be announced in Spring 2023. • Served as a Voting Center — Consolidated General Elections (June 8 & November 8, 2022). Facilitated drop-off ballots for a month plus four days of in person voting. Library was closed on November 8, 2022 for in person voting only due to heavy voter turnout. • Facilitated Group Tours — Special Needs group from Murrieta and Senior group from the Mary Phillips Senior Center (November 16, 2022). • Hosted Blood Drive — in the library parking lot (November 21, 2022). • Inclusive Volunteers — Care -Rite provides special needs adult volunteers five mornings a week to help the library with cleaning book covers, shelving children's easy books, and DVDs. • Wi-Fi — Upgraded speed and access points throughout the building. • 160 children participated in the library's virtual 2022 nature-themed Summer Reading program: Read Beyond the Beaten Path. This was once again the highest participation of any library in the Riverside County Library System. 1,381 awards were earned by 794 children who participated for six weeks in the In 'n' Out Cover -to -Cover Reading Program. 2022 brought in -person programming at the library back to full swing: o Youth staff provided 177 early literacy Storytimes for pre -readers. 0 114 Family Programs ranging from May the Fourth be With You to a Dia del los Muertos celebration were attended by 5,385 people. o Authorfest, featuring local authors of children's books, was attended by 120. o The Cuban Missile Crisis came alive for children reading Countdown and building LEGO bomb shelters at our Books and Bricks Club. • Youth staff provided outreach and storytelling at local Halloween festivals, school literacy nights, and at the Perris Railway Museum for Mattel's A Day Out with Thomas. • Temecula families picked up free organic seed packets, planted and tended home gardens, and cooked healthy family meals together thanks to our Little Sprouts Seed Library. This program has been so successful that it has expanded to libraries in San Diego and Los Angeles counties. • 135 teens signed up for the six -week long 2022 Summer Reading Program: Read Beyond The Beaten Path. During those six weeks, five in -person teen programs were held at the library, which brought in 42 participants. Over 60 books were awarded to teens as prizes. • Teen Services Librarian hosted 14 in -person programs that promoted STEM, socialization, and creativity: o In Snap Circuits Lab, teens were able to learn about circuitry and concepts from programming. o De -Stress with Donuts returned by popular demand to give teens a chance to socialize and unwind during back -to -school season. o Teens got creative as they decorated pots during Garden Art, then took home pollinator friendly seeds to plant in them. The Temecula Teen Library Council resumed this year after a hiatus. Participating teens partnered with the Friends of the Temecula Libraries throughout Temecula. Members of the council also partnered with the Temecula Youth Advisory Council (YAC) to implement an annual Holiday Food Drive. • Emergency Earthquake Drill participation in the Great Shakeout Earthquake Drill. RHRTPL is the only library in RCLS to implement an Emergency Evacuation Plan that includes staff training (October 4, 2022). Sister City (SC) • Facilitated a student art exchange between Temecula Youth and Daisen Seniors, and created an exhibit Cultural Connections at the Temecula Valley Museum (on display December 2022 through January 2023), celebrating our nearly three -decade relationship with Daisen, Japan, and sharing the resulting artwork. • Created a Temecula/Daisen Friendship Video with TCSD Media Team that was sent to Daisen in January of 2022. • Communicated with Sister City partners and contacts to maintain communication regarding the cancellation of exchanges in 2022, and provide fellowship as we navigate post-COVID-19 challenges. • Received and distributed gifts from Daisen Sister City Association, sent in fellowship and in celebration of Christmas. • Opened a dialogue between Temecula Sister City Association and Sister City International regarding researching a potential new Sister City. -P- and IMF) Special Events (SE) • Successful and safe Teen Egg Hunt (350 attendees) and Easter Egg Hunts (6,000 attendees) at three park sites. • Planned, programmed, and implemented the first annual Temecula CultureFest with over 5,000 attendees. • Temecula Rod Run with amazing weather, sold -out parking and over 50,000 spectators over two days. • Memorial Day Remembrance concert presented by the Temecula Valley Symphony with 400 attendees. • Hosted seven Summer Concerts with over 600 attendees weekly. • Celebrated July 4t" with an Old Town Parade (4,000 attendees) and a well-behaved crowd of 28,000 enjoyed the live music, vendors, fun zone, and fireworks at the Ronald Reagan Sports Park. • Partnered with RSO to host the first annual National Night Out with over 350 attendees. • Sold out Build Your Own Boat Regatta. • Annual September 11t" Remembrance at the Duck Pond with 150 attendees. • Partnered with Office of Emergency Management and Fire for the annual National Preparedness Fair with over 300 attendees. • Annual Art & Street Painting Festival moved to September and partnered with Bigfoot Graphics for the first Cartoon-apalooza! with over 3,000 attendees. • Annual Halloween Carnival with games and activities in Old Town welcomed 5,000 attendees. • Annual Temecula Special Games with 300 attendees. • Hosted an MRC Demo Day for City Council Members. • Carnival of Music Concert by the Temecula Valley Symphony entertained 200 attendees. • Held MRC groundbreaking event with 35 attendees. • Assisted Public Works in celebrating Arbor Day with 100 attendees planning trees at numerous park sites. • Annual National Trails Day event brought 40 attendees. • First in -person Juneteenth Celebration with over 500 attendees. • First Moonlight Movie in the Park at The Sports Ranch at Sommers Bend brought out 350 attendees. • First Annual Open Streets event combined with the Health and Community Resource Fair. • Presented Annual Patriotic Salute to Veterans recognizing our Military Banner recipients and a concert. • Winterfest including Christmas Tree Lighting at the Duck Pond; Santa's Electric Light Parade; Holiday Home Bike Tour with Mayor Pro-Tem Schwank; Temecula On Ice; new Old Town holiday decorations; Santa visits at Pennypickle's Workshop; and New Year's Eve Grape Drop. • Partnered with RTA to host the Route 55 Trolley Ride Along with 150 attendees. • Supported TVUSD at their annual TVUSD Appreciation Lunch at Temecula Valley High School. Provided staff support for the annual co -sponsored USA Pump Track Championship; Reality Rally; and Old Town Temecula Outdoor Quilt Show. Hosted the following ribbon cutting events: o The Sports Ranch at Sommers Bend Grand Opening. o Long Canyon Creek Mini Pump Track (100 attendees). o Old Town Creek Walk (100 attendees). o Long-awaited Santa Gertrudis Creek Trail (200 attendees). o RRSP Concession Stand attendees enjoyed the ceremonial first flush and gold plungers (40 attendees). o Wolf Creek Pump Track (100 excited attendees). o Utility Box Public Art Project in partnership with the Arts & Culture Division. • Staff assisted in painting Veterans Pavers at the Letters Home Memorial. • Conceived, staffed, and opened the new Temecula Welcome Center. • Over 18,700 patrons attended workshops, birthday parties, wedding receptions, etc. at the Temecula Community Center, Conference Center, and Picnic Shelters. • Managed COVID Vaccination and Testing agreements. Sports (S) / Park Rangers (PR) • All parks running at full capacity (baseball, softball, soccer, football, pickleball, rugby, etc.). o Estimated over 11,500 participants/spectators monthly. o The Sports Ranch at Sommers Bend opened in February 2022. Successfully integrated the new facility into our programing schedule with the park being consistently booked with activities since opening. o Patricia H. Birdsall Sports Park and The Sports Ranch at Sommers Bend Tournaments: ■ 39 baseball/softball tournaments (every available weekend filled). ■ Two soccer tournaments. o Average of 20-25 rental groups monthly. o Accommodated 4,500+ recognized youth league participants. o Accommodated local recognized youth basketball league, TYBL, at our CRC gym for their Winter 2021-2022 Season. o Adult Sports (City -run) leagues growing and thriving. Adult Softball League moved to new home fields at Sommers Bend and successfully completed both Spring and Fall Seasons operating at full capacity with five separate divisions. 300% growth of our Adult Basketball League with the implementation of additional Seasons in two separate divisions. Introduced new Adult Kickball League with amazing results in the inaugural Fall Season with a possibility of adding an additional division. Temecula Valley Museum (TVM) • Museum attendance figures rebounded considerably from COVID-19 shutdowns, successfully serving 18,972 a total of patrons from December 2021 through November 2022 through our exhibits, field trips, programs, and outreach. The Museum's website visits totaled 30,362 for the same period, and we enjoy 1,074 Facebook and 1,079 Instagram followers. • Successfully operated TVM Store in 2022 resulting in over $5,172 in revenue over the period with a total of $19,772 in revenue since operations began. • Hosted 19 field trip tours with a total of 909 patrons, including three Adult Special Needs groups. • Sponsored Annual Celebration of American Black History with a Hiplet Ballerina dance performance in conjunction with the Old Town Temecula Community Theater and curated an exhibit featuring portraits of favorite American Black History role models created by local elementary students. • Created a special exhibit celebrating the lives and legacies of Jimmy & Peg Moore, Temecula City Founders. • Successfully installed one rented temporary museum exhibit: Cloth as Community. Hmong Textiles in America. • Created five in-house exhibits, with diverse topics such as Anime Temecula; Art of Rug Hooking; History in Your Pocket featuring items from the Museum's repository; Ancestry and Animals featuring local artist Hajime Ohno's beautiful paintings; and Cultural Connections featuring art from Daisen, Japan, and the local community. • Offered our most popular monthly program to date, Second Saturday Cultural Celebration with a total attendance of 1,507 patrons from December of 2021 through November of 2022 and continued to offer our Second Saturday At Home programming for online patrons. • Conducted the annual Yd Grade History Contest, with 11 entries from four schools. • Offered morning and afternoon sessions of Culture Quest Summer Camp, with both sessions sold out with waiting lists to attend. • Recruited tour guides and provided training events resulting in three new potential tour guide volunteers. • Participated in TCSD's Special Events Division's inaugural annual Temecula CultureFest, with a booth featuring Second Saturday Cultural Celebrations and crafts for children. • Participated in TCSD's Special Events Division annual Juneteenth Event with a booth featuring educational materials regarding the meaning of the event and fun crafts for children. • Created educational materials for the Temecula Valley Woman's Club Art & Education Room, featuring activities and games that focused on American Black History; Juneteenth; Animals of the Valley and the art of Keith Herring; 4' of July; Native American Heritage Month; and much more. • Successfully assisted the public with seven historical research requests and provided photography from our collections if needed. • Worked with ITSS / GIS Division to develop virtual maps detailing the Old Town Temecula Historic locations. • Successfully transitioned Museum collections software to an online format, and currently preparing to offer select collections to the public for free through the website. • Redesigned the Museum website with plans to go live in early 2023. • Received and accessioned two significant Erle Stanley Gardner Collections: one of Temecula author's law books plus memorabilia, and the other of rare personal documents. We also received a collection of rare documents from the estate of author Tom Hudson, and a collection of beautiful watercolor paintings from the estate of Temecula resident and accomplished painter Sharon Ross. • Assisted Temecula Valley Museum, Inc. non-profit in receiving $500 grant to fund a new Walking Tour Audio System that will allow socially distanced walking tours. • Assisted Temecula Valley Museum, Inc. non-profit in their Arts and Crafts fundraising Bazaars in May and October. • Completed a Collections Assessment for Preservation (CAP) Grant and received an assessment ($7,800 value) of Temecula Valley Museums collections operations and procedures. Workforce Development (WD) • Internship/Fellowship Program offered internships/fellowships to undergraduate and graduate college students, as well as high school graduates looking to gain experience or simply get involved with their local government. The program is designed to expose students to the workings of the local government, gain hands-on project experience, expand their problem -solving skills, and develop personal and professional networks. Internship opportunities include work on community programs which help develop workforce skills such as project management, budget management, office professionalism, and communication skills. • Youth Innovators Program has held 33 meetings with up to 19 high school students from the Temecula area. In addition to their meetings, they have planned and hosted the following programs this year: Junior S.T.E.M.; Leadership Academy; Youth Entrepreneur; Rocktober 2022; and the Young Women's Career Conference. Youth Innovators also had several members volunteer for other City events such as the College & Vocational Fair, Health & Resources Fair; and Medical Resident Career Fair. • Auto Externship placed seven Externs with five auto dealers in Temecula. This program continues to hire externs for full-time employment. • Future Physician Leaders Program mentored local, college -aged prospective medical students in service to the community. The summer program's three components were: Leadership Lecture Series; Community Health Project; and Physician Shadowing. Students also learned from a wide variety of healthcare professionals about all aspects of the medical field. • Medical Career Pathways Program introduced prospective high school students to opportunities in the healthcare field. Students participated in a Leadership Lecture Series and Community Health Project. Students also learned from a wide variety of healthcare professionals about all aspects of the medical field. • Leadership Academy. 29 high school students participated in this year's six -day Leadership Academy. Students gained knowledge and skills in resume, cover letter, and letter of recommendation writing, Linkedln tips, interview skills, college admissions, CPR certification, and financial literacy from guest speakers and program coordinators. • Youth Entrepreneur Program: 25 high school students participated in this year's six -day Youth Entrepreneur Program. Students gained entrepreneurial knowledge and skills in budgeting, business law, market research, business planning, marketing strategies, and successful business pitching from local business leaders and program coordinators. • College & Vocational Fair presents high school students within the Region with the opportunity to speak with 40 representatives from a variety of higher education options, including four-year Universities, Colleges, Community Colleges, and military institutions. • Young Women's Career Conference (December 7, 2022) is planned and hosted annually by the Youth Innovators, providing 150 high schoolers in the Region an opportunity to discuss their future goals with leading women in multiple industries. The goal is to empower young women by meeting successful female role models and show that they too can obtain their dream careers. Students participated in discussions with mentors, listened to a keynote presentation by City Council Member Maryann Edwards, and asked questions to a panel of women leaders. • Rocktober 2022 designed by the Youth Innovators by hosting this teen music competition, where 21 high school and middle school students perform to Temecula residents. The annual music competition gives young musicians the chance to share their talents and helps foster the love of music within the community. • Junior S.T.E.M. Program, designed, implemented, and hosted by the Youth Innovators with five meetings throughout the year for 97 middle school students interested in the world of Science, Technology, Engineering, and Mathematics (S.T.E.M.). Middle school students from around the Region were introduced to careers in the S.T.E.M. fields and learned subjects such as Biology and plants; Psychology; Geology; Architecture; and Computer Science/Coding through hands-on, educational activities. Participants also engaged with role models in S.T.E.M. and worked together on challenges to build on relevant skills. • Medical Resident Career Fair is designed and implemented for 40 local Medical Residents to interface and be recruited by 13 local medical groups and hospitals. COMMUNITY DEVELOPMENT 2022 YEAR IN REVIEW Building and Safety Division Accomplishments Completed Projects: Better Buzz Coffee 2 • Hilton Garden Inn MINN= no !P Sol • Dick's Sporting Goods at The Promenade Mall • Lexus Car Dealership Kahoots Pet Supply NEEL OMEN Sola Salon Studios at The Promenade Mall • Skechers Shoes (new location inside old Pier 1 Imports Building) • Burlington • Five Below • Wingstop • Crumbl Cookie Projects Started: • Las Haciendas Affordable Housing Mountain View Industrial Buildings (Avenida Alvarado) • Arrive Apartments & Rancho Las Bolsas Affordable Housing Heirloom Farms Multi -family Housing • Solana Way Senior Assisted Living Care • Longhorn Steakhouse • Sommer's Bend Density Core, multi -family housing • Victoria's Secret at The Promenade Mall • Margarita Recreation Center • Bath & Body Works at The Promenade Mall • Victoria's Secret at The Promenade Mall • Epic Eats Restaurant • 5.11 Tactical Retail Store • Pizza Factory • Cotton On at The Promenade Mall • Epic Dog Academy • Temecula Hills Christian Fellowship • Landeros Mexican Grill & Cantina (in Old Town) • Regal Edwards Cinema (remodel) Building & Safety Department Highlights: • Adopted the 2023 California Building Code update • 5,304 Building permits Applied for, through 12/02/22 • 4,979 Building permits Issued, through 12/02/22 • 3,102 Building permits Finaled, through 12/02/22 0 1,210 Solar Permits Finaled 0 171 Swimming Pools Finaled • 9,805 Building Inspections requested online • 27,885 Building Inspections completed 2022 YTD Building Permits ■Applied i ■ Issued u Finaled 2016-2022 YTD Comparison Building Permits 6,000 v N 5,000 OM .E 4,000 a 3,000 m2,000 -- s 3 1,000 — - - Z I♦ lillll 2016 2017 2019 2019 2020 2021 2022 Calendar Year of Permit Issued Code Enforcement Division Accomplishments • Conducted first ever Conditional Use Permit revocation hearing with the Office of Administrative Hearings • Hired two new code enforcement officers • Continued Participation in the METRO+ Team in Old Town • Opened Cases: 2,074 • Cases Reached Compliance: 2,100 • Weed Abatement Inspections: 5,226 • Total Code Enforcement Inspections: 7,040 • Code Enforcement worked in partnership with Building and Safety, Fire and Police Departments. This program was successful in reducing the number of service calls to the Police Department. • Short Term Rental Program: 97% enforcement and compliance success rate • Worked with Planning to implement the Shopping Cart Ordinance. • Worked with IT to streamline the Weed Abatement Program. • Enhanced communications and coordination with the Homeless Outreach Team. • New Case Classifications made in Energov to track reporting Massage Establishment code cases. • 1,301 online app inquiries via the app • 609 online graffiti inquiries via the app 12 online short-term rental inquiries via the app • 9 Animal Control inquiries via the app Current Planning Division Accomplishments • Approved Rendezvous Phase II — 134 apartment units w---------4y a � • Approved Six (6) MS Mtn View Industrial Buildings • Approved Jefferson/Buecking Apartments — 260 apartment units • Approved Benihana (formerly Souplantation) BEl11HA11A • Approved Express Car Wash at Temecula Promenade (former Famous Dave's location) Approved Everhome Suites — 117 hotel rooms • Approved Solana Winchester Apartments — 349 apartment units • Approved Prado - 234 Single Family Homes Approved SHAWOOD — Sommers Bend new architecture • Approved approximately 18,630 square foot, 3-story, retail/commercial building on Old Town Front Street • Held a Planning Commission Tour of recently completed projects around the City of Temecula (photos attached) • Approved two new industrial buildings totaling approximately 70,000 square feet • Completed Draft Environmental Document for Temecula Valley Hospital Master Plan Modification • Began Bi-Monthly Meetings with Brookfield Properties (developer of Altair) • Provided support to Economic Development on potential new projects/businesses • 289 Planning Inspections Long Range Planning Division Accomplishments • Completed the multi -year Quality of Life Master Plan public outreach process and had QLMP adopted by the City Council QUALITY OF LIFE MASTER PLAN Lig tin rrie A7Ch ro QL}o • Conducted 23 Public Meetings, 4 Public Workshops and 4 Saturday Morning Pop-up Events as part of the Quality of Life Master Plan (QLMP) 2040 Update BECAUSE., I�eMECL cq SF� I � As[4 Sr T BECAIfSE... e ILXY �_ f Annual Title 17 Changes presented to Planning Commission Successful completion of the Temporary Expanded Dining Program HikeBikeTemecula is present on Facebook and now Instagram with a combined 2,200+ followers HIKEBIKETEMECULA • Completed Department of Water Resources Annual Report • Completed annual Water Efficiency Landscape Ordinance Report • Completed Housing Element Annual Progress Report • Completed General Plan Annual Progress Report • Completed amendment to CIP Addendum for FY22-26 • Completed CIP General Plan Consistency Analysis for FY23-27 • Completed CEQA Analysis of 12 CIP Projects • WRCOG REAP Funding received, consultant (WSP) analyzed Temecula's Municipal Code's compliance with new housing laws and drafted Ordinance to adopt required changes • Shopping Cart Ordinance introduced and adopted • Animal Ordinance was introduced and passed, updating Title 6 `Animals' in cooperation with Animal Friends of the Valleys • Provided 6 comment letters regarding excessive development outside Temecula that would negatively impact the City and residents • Massage Ordinance updated • Began research on potential E-Bike Ordinance • Old Town Specific Plan Amendment Completed • Live Entertainment Ordinance was introduced and approved • $378,000 CalFire Grant awarded to complete Temecula's first Community Wildfire Protection Plan Began research on including "Parklets" in Old Town Continued work on a baseline EIR analysis (Transportation Discovery Project) to gain insight on how completion of the City's remaining circulation projects will help reduce traffic impacts Helped promote the Grand Opening/Ribbon Cutting of the Santa Gertrudis Interconnect • Assisted Public Works in a grant application for the Temecula Creek South Side Trail • Working with Public Works on a hillside trail project at Ronald Reagan Sports Park for hiking and biking. In addition to the trails, the project will include erosion control, habitat restoration and an environmental education component. LEGEND O Pha5e I - Ea Sy Mult-Llse Trail, Imp—ed OPhase 1 - Beginner I Intermediate Pump Track O3 Phase 2 Intermediate Bicycle OpOrc cec Trail AQ Phase 3 - Intermediate Bicycle Optil TO O Kicsk Or Trallhcad Sign OBlue Line Stream ORecommended A —SS Ronald Reagan Sports Park conceptual site Plan Bicycle Facility DecOverviewemviewber 4 SARDA — Housing — Real Estate Division Accomplishments TRAIL 4rSOLOT0000 • Conducted first ever City owned Vacant Land City Council Workshop • Closed on the permanent financing of for the Las Haciendas affordable housing development • Processed funding draws for Las Haciendas • Purchased 1.5 acres of land in the Uptown Specific Plan Area for future development of affordable housing • Oversaw allocation of $4 million in ARPA funds to the Vine Creek affordable housing development • Explored potential options for a new affordable housing software, acquired software, and implemented software in an expedited timeframe • Responded to 14 online affordable housing inquiries via the City app • Held several meetings with potential partners for additional affordable housing projects • Explored new financing mechanism for affordable housing • Extracted Regulatory Agreement language for all affordable housing projects, input all annual compliance due dates into database, ensured 2022 annual compliance deadlines were met • Annual Physical Inspections for all affordable housing projects were executed and corrections from inspection were sent to property staff. 30-day follow up inspections were also scheduled and completed to ensure progress is taking place on items that were not in compliance during annual inspection Requested and received HCD surplus land exemption to parcel which will be used by Habitat for Humanity to build homes for low-income families Updated records retention policy and archived years of tenant records Continued advanced negotiations with Habitat for Humanity on third City & Habitat project Community Development Block Grant Division Accomplishments • Completed the City's Mortgage and Rental Assistance Program (MRAP) helping dozens of people and families stay in their homes/apartments • Projected Goals for program year 22-23: Temecula Residents to be assisted; 695 In 2021-22, CDBG funded: • Funded 9 unique service providers. • In conjunction with the Fair Housing Council of Riverside County, provided fair housing services by assisting 437 clients including 436 landlord -tenant mediation services and processing 1 anti -discrimination complaint; • Completed the construction of 1 ADA sidewalk improvement project (ADA Westside Business Park); • Provided 56 underserved youth with new clothing and school supplies through the Assistance League; • Completed 5 housing rehabilitation projects through the Habitat for Humanity Critical Home Maintenance and Repair Improvement Program, for a total of 43 housing units over the life of the program; • Served 39 persons experiencing homelessness, or those at risk of homelessness, through the City's Homeless Prevention and Diversion Program; • Provided before and after school care for 7 children through the Boys & Girls Club; • Assisted 89 individuals at risk of homelessness with case management through Community Mission of Hope • Assisted 73 domestic violence victims through SAFE; • Assisted 75 domestic violence victims through RARCC • Provided direct advocacy for 4 foster children through Voices for Children; • Ensured that 18 households were assisted with either rental or mortgage assistance through the City's MRAP Program. • During the current 22-23 program year, the City's CDBG funds intent to assist 715 Temecula Residents. Animal Control (AFV) Accomplishments • New three-year contract negotiated with Animal Friends of the Valleys with advantageous terms to our constituents (limiting exposure to inflation) • Supported multi -jurisdictional efforts to explore credit card fee processing for AF Staffing / Team Building Accomplishments • Hired City's first ever Housing and Real Estate Analyst to develop City's housing and real estate administration capabilities • Hired two new Code Enforcement Officers • Sr. Office Specialist, Kim Kodani, reclassed to Administrative Assistant • Sr. Office Specialist, Josephine Castro, promoted to Community Development Permit Technician • Hired new Community Development Permit Technician, India Tamalunas • Hired two new building inspectors: Kent Robinson and Dave Kelsey • Promoted Fire Permit Technician Michelle Amezcua to Senior Management Analyst • Planning Technician, Jaime Cardenas, reclassed to Assistant Planner • Permit Technician II, Yannin Marquez, promoted to Planning Technician • Associate Planner II, Scott Cooper, reclassed to Senior Planner • Promoted, Jasmine Sanchez, to Sr. Office Specialist for ComDev/Permit Center Reception desk • Promoted Katie Garcia to Planning Technician in the Long -Range Planning division • Brandon Rabidoux re -classed from Senior to Principal Management Analyst • Matt Peters re -classed to Principal Planner TEMECULA PUBLIC WORKS DEPARTMENT 2022 YEAR IN REVIEW Park Maintenance Division • Kent Hintergardt Memorial Park — restroom building roof rehabilitation. • Vail Ranch Park - shade pavilion rehabilitation. • Michael `Mike' Naggar Community Park Eagle Soar Splash Pad Renovation. • The Sports Ranch at Sommers's Bend — Ribbon cutting and opening day Saturday, February 12, 2022. • Arbor Day April 23, 2022. Organized a community group of nearly 200 volunteers to plant 300 trees at Vail Ranch Park, Sunset Park, Redhawk Community Park and Michael `Mike' Naggar Community Park. • Temecula Duck Pond parking lot seal coat and re stripping. • Completed 1,822 Service Order Requests. • Trimmed over 3,000 trees citywide. Y' �Jy Facilities Maintenance Division • Civic Center o Glass partitions installed throughout building at reception desk and cashier's office. o New safe and stand installed in cashier's office. o New Cubicle area created in TCSD for Police Unit. o TCSD south corner area refurbished to make it more usable o Updated interior signage for EOC, HR, and City Attorney • Parking Garage o Interior Lighting upgraded from T5 to LED Fixtures. o Upgraded communication receivers for Parking Logix, by the end of the year. o Added metal protectors around exposed fire riser pipes. • Old Town Police Storefront o Interior remodel to include new flooring, lighting, furniture, cubicles and HVAC improvements. • Old Town o Installed Parking Logix traffic counters at the Stampede and 6th Street parking lots, also count boards at north and south ends of Old Town Front Street. o Added outlets for Christmas lights on Old Town Main Street bridge. • Children's Museum/Pennypickle's Workshop o Installed concrete curb stops at each parking stall. o Painted some Interior spaces. • Town Square o Replaced fountain pumps and upgraded wiring at main fountain. • Ronald H. Roberts Temecula Public Library o Repaired/powder coated front outside lighting. o Installed ADA power door opener at the Friends Library main door. o Installed glass partition at the Friends Library main counter. • TCC o Secured trash enclosure with welded metal screen to make it lockable. • FOC o Repurpose old map room to new gym. o Replace downstairs breakroom floor with new epoxy coating. • West Wing o Added electrical charger and awning style cover for new electric bus. • Senior Center o New emergency generator added. o New mini split A/C unit to help cool kitchen. • JRC o New LED parking lot lights. o Replaced warehouse roll -up door gearing. • Fire Station 95 o Modest roof repairs. • Fire Station 84 o Modest roof repairs. o Remove and replace asphalt turn around/parking area in front of station, also repaired curbing and restriped. • Fire Station 92 o Moderate roof repairs • CRC o Updated fire panel. • New Welcome Center o Doing small updates to have it ready for upcoming ribbon cutting. • PBSP Snack Shack o Starting process of replacing kitchen equipment and doing major cleanup • Temecula Parkway Park and Ride o Permit is complete, should have (2) new electric vehicle chargers installed by the end of the year. Streets Maintenance Division • Completed replacement of Overhead Street Name Signs at all traffic signals within the City. • Completed implementation of Geotab fleet tracking hardware and software to monitor and manage all City fleet of vehicles. • 825 hours of overtime. • Responded to 923 service orders. • Replaced 446 street and traffic signs. • Installed 202 signs. • Repaired 110 signs. • Installed, replaced or repaired 820 hanging banners. • Repainted 2,526 street legends. • Cleaned 991 storm drain catch basins. • Cleaned 227 under sidewalk drains. • Repaired 20,482 sf of asphalt. • Removed 40,070 sf of graffiti. Solid Waste and Recycling • Held Public Hearing to approve Commercial Collection Rates, and SB1383 Compliance Fee for FY22/23. • Completed calculation of recovered organic waste and recycled content paper procurement targets. • Completed SB1383 Edible Food Recovery Capacity Planning Calculations within our jurisdiction. • Approved 7t" Amendment to CR&R Franchise Agreement to incorporate, delete, add, and/or amend SB1383 regulatory requirements. • Completed and submitted Electronic Annual Report (EAR) as required by CalRecycle to report annual solid waste diversion performance, including new performance measures to meet SB1383 reporting requirements. • Obtained 100% compliant status for AB341 and AB1826, and 99.5% compliant with SB1383 commercial and multi -family recycling and organics collections Land Development, Traffic Engineering and Water Quality Division • The Land Development Division provides for the review and engineering approval of all proposed private developments and residential/commercial subdivisions within City limits to ensure compliance with City, state and federal regulations. Utility Encroachment Permits • Land Development has issued 185 utility permits for 27,420 lineal feet of work within the City and is broken down by category below: Land Development has issued a total of 54 permits for onsite and offsite improvement permits and is broken down by category below: Number of onsite and offsite permits issued in 2022 20 18 16 14 12 10 8 6 4 2 0 Cy-" QQt i o� o00- L� With the numerous permits that have been issued this year, our inspection team has been extremely busy. With one inspector retiring, a total of 2,356 inspections was performed by one - full time inspector and a project inspector. To date, we have collected $1,780,375 in revenue. $21,105.0 Legal revie 1% Project Spotlights: BETTER BUZZ • Demolition of approximately 445 square feet of existing commercial building (formerly Corner Bakery), re -configuration of an existing drive-thru lane, re -location of ADA parking and modifications to the existing building located at 32435 Temecula Parkway. Land Development worked with the applicant to find feasible alternatives to avoid the requirement for a Priority Development Plan (PDP) Water Quality Management Plan (WQMP), which included reducing amount of impervious pavement to be replaced. The precise grading permit was issued on 3/11/22. HEIRLOOM FARMS • Heirloom Farms is located on the corner of Ynez Road and Date Street. The precise grading permit was issued 4/12/22. LONGHORN STEAKHOUSE • Project included construction of a restaurant with outdoor patio dining, parking lot, water quality basins and associated hardscape located at 29363 Rancho California Road (formerly the Marie Callendar's Restaurant site). Precise grading permit was issued on 4/20/22. The applicant submitted a delta revision to the plans, in which modifications include the detention tank revised to three 72" pipes, an update to the underground detention system details and revisions to storm drain and utility layouts. MOUNTAIN VIEW • To date we have issued (8) of the twenty-two grading permits for this project. The project includes the construction of Avenida Alvarado and Via Industria. (Picture on the right was taken during a recent Planning Commission tour.) SINGLE FAMILY CUSTOM HOMES • Public Works has successfully issued five (5) single family custom home grading permits in 2022. SOLANA SENIOR ASSISTED LIVING • The Developer, Griffin Living, was approved to construct an approximately 91,002 square foot, two story, 107 unit assisted living and memory care facility located on the southeast corner of Margarita Road and Solana Way. The Developer had to comply with agency permits from California Department of Fish and Wildlife, Department of the Army, and San Diego Regional Water Control Board prior to the issuance of a rough grade permit in January which allowed movement of 21,000 cubic yards of dirt. This was the first Land Development project whose pre -construction meeting was held at our Conference Center with an attendee list of over 30 people. In September, the project was issued its precise grading permit. SOLANA WINCHESTER HILLS • The Developer, ReyLenn Properties, LLC, was approved to construct 349-unit apartment community consisting of eight (8) three-story residential buildings, and a single -story clubhouse building located at the terminus of Date Street approximately 900 feet south of Ynez Road. A rough grading permit was issued in October to allow movement 26,648 cubic yards of dirt and its precise grading permit was issued December. SOMMERS BEND DENSITY CORE • This project includes the development of a 374-unit multi -family community consisting of townhomes, motorcourt duplexes, and bungalow 3-packs located within Planning Areas 28 & 29 of Sommers Bend. The street and storm drain improvement permit was issued on 6/9/22. Grading permits for phases 1 through 3 of the Revel, Blossom, and Discovery communities have been issued. Support to other Departments: In addition to our day-to-day activities, we provide support to the City Clerk's Office, Planning Department and Building and Safety. • Completed 67 Records Request Reviewed over 100 Planning Applications Pre -approved over 115 applications for Building and Safety submittals by a � i � 910 4 G8 Wxa lutll 1119Ygl�famnl �cteUM �...� wx, M� �/p349 unNs U�eonMndpn // r' II Special Projects: Successful management and oversight of (5) Land Development acquisitions resulting in the negotiation and settlement of the following easements in connection with Nicolas Street Improvement project. Approximate 325 square foot permanent easement. Purchase and Sale agreement approved at the January 18, 2022 City Council meeting. Approximate 51,003 square foot conservation easement and 83,324 square foot temporary construction easement. Purchase and Sale agreement approved at the November 29, 2022 City Council closed session meeting. Approximate 31,168 square foot temporary construction easement & covenant authorizing the construction of certain permanent improvements within area. Purchase and Sale agreement approved at the November 29, 2022 City Council closed session meeting. Our Project Employees: • Verification of City Maintained Streets: To date, the ownership of 1,822 Temecula streets has been verified • Uptown Temecula Specific Plan: Assisted with updating the Specific Plan cross sections by obtaining record documents. • LaserFiche and EnerGov: Assisted with data review to provide efficient integration between the two applications. TRAFFIC ENGINEERING DIVISION: The Traffic Engineering Division is responsible for day-to-day traffic operations, safety issues, and future transportation needs. TRAFFIC SAFETY AND CIRCULATION IMPROVEMENTS: • First Street and Old Town Front Street Parking Lot Design • School Crosswalks and Curb Ramp Upgrade Design • Wolf Creek Park Pickleball Court Parking Design, Bike Lane Design and installation Wolf Creek Drive South at Teton Trail — All Way Stop with Crosswalks Design and Installation • Ynez Road Northbound Widening Striping Design and Installation — Santiago Road to Rancho Vista Road • Old Town Front Street Bike Lane Striping Design — Santiago Road/1st Street to Temecula Parkway • Ynez Road Bike Lane design and Installation — Winchester Road to County Center Drive • 1-15 Lane Designation Pavement Legends and Signing Design and Installation — Intersection of Winchester Road and Ynez Road • Paloma Del Sol Buffered Bike Lane Design and Installation — Santiago Road and Amarita Way • Uptown Specific Plan Conceptual Striping and Street Cross section Design and Coordination • Nicolas Road Extension streetlight and communication conduit design TRAFFIC IMPROVEMENT GRANTS: • Submittal of 4 HSIP Cycle 11 grants totaling approximately $4 million • Submittal of SMART grant totaling approximately $1.5 million Traffic Engineering reviewed 157 sheets of Traffic Control Plans for Land Development projects. TRAFFIC CAPITAL IMPROVEMENT PROGRAM PROJECTS: • HSIP Cycle 9 Pedestrian Equipment Upgrades at 45 signalized intersections. Equipment upgrades for APS Push buttons, signal controllers, and countdown pedestrian heads - Completed • HSIP Cycle 9 Permissive Protected Left Turn (PPLT) Phasing at 5 signalized intersections. Project Plans and Specs is 100% complete. Next step is to submit to Caltrans for Construction Authorization. Local Roadway Safety Plan (LRSP)- Completed. INFORMATION TECHNOLOGY SUPPORT: • Designing future fiber system for IT and traffic use. CAPITAL IMPROVEMENT PROGRAM SUPPORT: • Annual Slurry Seal Projects (numerous locations: Front Street, Amarita Way, Winchester Rd, Nicolas Rd, Ynez Rd, Solana Way)- Plan reviews, signing/striping plan development, and construction support. • Winchester Road Bike Lane Striping Design • Santa Gertrudis Trail Connection • Overland Drive Widening Conceptual Striping Design and Coordination — From Ynez Road to Enterprise Circle West, Murrieta Creek Bike Trail Crossing Design and installation — Main Street Bridge, Buffered Bike Lane Design on Ynez Road (County Center Drive to City Limits), Nicolas Road (Winchester Road to N. General Kearny Road), Solana Way (Ynez Road to Margarita Road) • Diaz Road Widening Project- Development of fiber splice diagram plans PUBLIC TRAFFIC SAFETY COMMISSION: • All -way Stop at Wolf Creek Drive and Teton Trail -Fireside Drive • Local Roadway Safety Plan Mercedes Street Crosswalk Striping • All -Way Stop at Preece Lane and Tierra Vista Road • De Portola Traffic Calming • Ynez Road Striping from Santiago Road to Rancho Vista Road • Engineering and Traffic Survey Updates • Old Town Front Street Striping TRAFFIC SIGNAL SYSTEM, OPERATIONS, AND COMMUNICATIONS IMPROVEMENTS: • Review of all signal timing in the City for verification on complying with CA MUTCD standards. Development and field implementation of revised timing plans. • Park and Ride Wabash Traffic Signal — Construction support and timing development. • Ynez and Waverly Traffic Signal- Construction Support and timing development. • Butterfield Stage Road and Avenida Lestonnac- Plan review and construction support. NPDES: • Developed the Alternative Compliance Program (ACP) for storm water credit trading. o Approved by the Regional Water Quality Control Board, we are the first City to achieve this major milestone and this will greatly aid development by allowing projects to purchase credits instead of building costly detentions basins or underground chambers and annual maintenance costs. • Implemented Phase 1 Trash Order project, producing approximately 50,000 credits for development projects to purchase. Capital Improvement Program (CIP) Division • Completed construction of the Infill Mini Pump Track at Long Canyon Creek Park • Completed construction of the Infill Mini Pump Track at Wolf Creek Park • Completed construction of the Flood Control Channel Reconstruction and Repair project. The project involved installing steel sheet pile walls in Friendship Park along Temecula Creek to protect it from further erosion. • Completed construction of the Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension, Ynez Road to Diaz Road. Grand Opening was held October 1, 2022. • Completed construction of the sidewalk of the DLR Drive Loop, west side. • Completed construction of the sidewalk of the North Side of Fifth Street (Old Town Front Street to Murrieta Creek). • Completed the construction of the Ronald Reagan Sports Park Restroom Expansion and Renovation. • Completed construction of the Traffic Signal and Park & Ride Access Improvements Temecula Parkway at Wabash). • Completed construction of the Citywide Slurry Seal Program - Fiscal Year 2021-2022 project. Slurry was applied to approximately 8.50 million square feet of roadway in the following areas: o Paloma Del Sol Community o Paseo Del Sol community o Rancho Vista Estates Community o Ynez Road (Santiago to Rancho Vista) o Old Town Front Street (First Street to Temecula Parkway) Completed and initiated construction of several Pavement Rehabilitation Program projects: o Meadowview Side Streets o Amarita Way Circle o Ynez Road (Equity Drive to North City Limits) o Solana Way (Ynez Road to Margarita Road) o Nicolas Road (Winchester Road to North General Kearny Road) o Winchester Road (Enterprise Circle West to Jefferson Avenue) • Initiated construction of the Design -Build Margarita Recreation Center at Michael "Mike" Naggar Community Park (first ever design -build project for the City). Grand Opening is expected in July 2023. • Completed the design and initiated construction of Traffic Signal Installation — Rancho California Road at Tee Drive. Construction completion is anticipated by end of December 2022. • Completed the design and initiated construction of Phase 1 of the Community Recreation Center (CRC) Renovations. Completion is anticipated in April 2023. 0 Initiated the construction of the Citywide Concrete Repairs for Fiscal Year 2021-2022. • 1-15/French Valley Parkway Improvements, Phase II o Completed the design and the environmental document o Completed the right of way acquisition o Obtained authorization to expend STIP $46.2 Million and INFRA $48.5 Million o Completed relocation of SCE overhead powerlines o Completed relocation of Charter overhead communication lines o Put the construction contract out to bid. Construction is anticipated in February 2023 • Finalizing the design and environmental document for the 1-15 Congestion Relief project, auxiliary lane between Temecula Parkway/1-15 northbound onramp and 1-15/Rancho California Road offramp. Construction is anticipated in spring 2023. • Completed the design and now rebidding Mary Phillips Senior Center Enhancement and Renovation. Construction is expected to commence in April 2023. • Working on several Sidewalk projects at various stages of development: o Ynez Road (Rancho Highland to Tierra Vista). Construction is anticipated in late spring 2023. o Pauba Road (Elinda Road to Showalter Road). Construction is anticipated in summer 2023. o Old Town Improvements, South Side of Sixth Street (between Mercedes and Old Town Front) • Finalizing the design of the concession/storage room upgrade at the Ronald Reagan Sports Park North/South Ball Field for the Park Restroom Renovation, Expansion and ADA Improvements project. Construction will commence in spring 2023. • Continuing the design of the American with Disabilities Act (ADA) Transition Plan Implementation project. Focus is at the Ronald Reagan Sports Park and the areas to be rehabilitated are the ADA pedestrian ramp from Margarita Road to the North/South Baseball Fields and the dugouts at the North/South Baseball Fields. Construction will commence in summer 2023. • Continuing the design for Fire Station 84 Renovation, which include wellness room, storage, and upgrade of the training room. Construction is scheduled for spring 2023. • Initiated the design of the Community Recreation Center (CRC) Splash Pad & Shade Structures. Construction is anticipated to start in spring 2023. • Finalizing the design and the environmental document of the 1-1 5/SR 79 South Enhanced Landscaping Project to beautify the west side of the interchange with local and community cultural aesthetic features. Construction is anticipated in summer 2023. • Continuing the design of Santa Gertrudis Creek Phase II — Margarita Under -Crossing. Construction is anticipated in fall 2023. • Continuing the design and environmental document of Overland Drive Widening, Jefferson Avenue to Commerce Center Drive. The project will widen Overland to its ultimate width, in accordance with the Circulation Element of the General Plan. Construction is anticipated in 2024. • Continuing the design and the environmental document for the Murrieta Creek Bridge at Overland Drive. Construction is expected in 2024. • Continuing the design and the environmental document of the Pickleball Courts Project to construct a dedicated pickleball facility. Construction is anticipated in fall 2023. • Continuing the design for Murrieta Creek Improvements — Southside Parking Lot Configuration, which include modifying the parking lot, relocating parking light, pavement rehabilitation and slurry. Construction is scheduled for late summer 2023. • Continuing the design and the environmental document of Phase 1 of the Diaz Road Expansion Project to widen Diaz Road between Rancho California Road and Winchester Road to its ultimate width, in accordance with the Circulation Element of the General Plan. Construction is being postponed until 2024 to allow Eastern Municipal Water District to construct facilities in Diaz Road. • Continuing the full design and environmental document of the Bike Lane and Trail Program - Temecula Creek South Side Trail Project. Design is anticipated to be complete in summer 2023. This project is currently not funded for construction. • Began to analyze and update the GIS database for the Citywide Drainage Master Plan. • Initiated the design and the environmental document for the Great Oak Trail Lighting Project. • Initiated the design and the environmental document for the Mary Phillips Senior Center Outdoor Recreational Area Project • Finalized feasibility study for the Cherry Street Extension and Murrieta Creek Low -Flow Crossing and initiated a bridge study over Murrieta Creek. • Continuing the design and the environmental document for the Electric Vehicle Charging Stations Project in conjunction with the Southern California Edison Company's Charge Ready Program. This project will add 8 new charging stations to the Michael "Mike" Naggar Community Park. Construction is concurrent with the Margarita Recreation Center. • Initiated the design of Ronald Reagan Sports Park Skate Park. Construction is anticipated in early 2024. • Initiated the scoping phase of The MERC Concession Upgrade project. Construction is anticipated in early 2024. • Initiated the design for Fire Station 73 Addition, which includes the garage, workout and storage rooms. Construction is scheduled for late 2023. Coordinated with the US Army Corps of Engineers (USACE) and Riverside County Flood Control (RCFC) the upgrade of the fence along the Murrieta Creek trail through Old Town, the installation of landscaping and irrigation, and the removal of vegetation and sediments from the creek. A Grand Opening was held and the trails were opened to the public in May 2022. Successfully Negotiated a Settlement Agreement with the Rancon Business Park Association in relation to the Overland Drive Extension project. City Council approval is pending. Completed the recruitment to fill vacant positions including an upgrade of a position and a new engineer position. A Public Works Inspector, two Assistant Engineers II, and an Engineering Technician II were hired. ACCOMPLISHMENTS FOR 2022 - PHOTOS Ronald Reagan Sports Park Restroom Traffic Signal and Park & Ride Access - Temecula Parkway at Wabash Lane or Friendship Park Flood Protection ty NL ----= i 9r* �� j�P,IECUA Vpu�i I �j, W' 1 a A� MEN :'o, r 1-t�llf �Ifh � � � -:ut :+�° a, ,ice"��,;, ,� '�.--" �� .�,�, , -i .w r �r � �• +.wa+-'� �.r.. �. pe .' . .yJLlima Margarita Recreation Center Construction 'Artist ReR a ng, of ." 3--. - - A r`R"• I ri ■ 'Artist Rendering, Not to Scale Community Recreation Center (CRC) Splash Pad & Shade Structures Rendering Mary Phillips Senior Center Enhancement and Renovation SAFE r . , L lips- r[ Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 10, 2023 SUBJECT: Approve Annual Boards and Commissions Handbook for Calendar Year 2023 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 2023. BACKGROUND: The City Council first approved the Boards and Commissions Handbook on February 26, 1991. The handbook is amended periodically to reflect noteworthy changes in law, current practices and procedures, and the general role and authority of board and commission members. The handbook is also 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. The 2023 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 Updated January 10, 2023 SECTION 1 TABLE OF CONTENTS Section 1 ............................ Letter of Welcome Section 2 .............................. Role & Authority Section 3 ...................... Policies and Procedures Section 4 ......................Establishing Documents Section 5 ...................... AB 1234 Ethics Training Section 6 .............. Statement of Economic Interest Section 7 ........ Summary of Conflict of Interest Laws Section 8 ................. Summary of Brown Act Laws ectlon 9 ............Summary of Public Records Laws Section 10 ............................... Resource List City of Temecula 41000 Main Street • Temecula, CA 92590 Phone (951 ) 694-6444 • Fax (951) 694-6449 • www.cityoftemecula.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, Randi Rohl, JD, MMC Legislative Director 1 City Clerk SECTION 2 THE ROLE AND AUTHORITY OF BOARD AND COMMISSION MEMBERS The primary role of boards and commissions is to serve in an advisory capacity to the City Council on specified matters and encourage increased public input and participation in the local government decision -making process. Boards and commissions are not involved in the administration or operation of City departments and may not direct administrative staff to initiate programs, conduct major studies, and/or establish official policy without the approval of the City Council. City staff members are available to provide general staff assistance and support to boards and commissions. While boards and commissions generally serve in an advisory capacity, the City Council may authorize certain boards or commissions to take final action in prescribed areas pursuant to statutory law. For example, the Planning Commission is authorized to grant final approval on certain projects while providing recommendations on others. In addition, staff may bring various projects to a board or commission for their review before taking the matter to the City Council forfinal approval. Boards and commissions serve as the principal reviewing body for matters referred to them with final decision -making authority remaining with the City Council. I. General Information About Becoming a Board or Commission Member Appointment and Removal The Temecula Municipal Code sets forth the board and commission appointment and removal provisions. Appointments are subject to the approval of a majority of the City Council. A majority of the City Council may also remove an appointee for good cause. Board and commission members may be selected based on a variety of criteria and public presentation. The following guidelines may be used in the appointment of board and commission members: Public application, presentation and selection process Applications, letters of recommendation, and references Attendance records of incumbent board and commission members Members usually represent a cross-section of the community. No board or commission member shall be an employee of the City. Members may not serve on more than one board or commission at a time. General qualitative attributes of board and commission members include, but are not limited to, the following: • Be an informed resident (knowledgeable about local affairs) • Have a good rapport with all segments of the community • Have a genuine concern for residents and the community as a whole • Be a good listener • Be open and honest • Relate well to others, including other board and commission members • Be accepting of decisions that are the will of the majority • Show respect for viewpoints other than your own • Allow others adequate time to present their views before making comments • Welcome new members and help them become acquainted with their duties • Strive to minimize strife and polarization among members Orientation Upon appointment to a board or commission, the City Clerk and/or City Attorney will provide a formalized orientation to include review of the Boards and Commissions Handbook, open meeting laws and conflicts of interest. Orientation will also include administrative processing and a meeting with the City Manager or his/her designee. The corresponding department will conduct an orientation on the subject matter specific to each board or commission. Attendance Notwithstanding the differences in the subject matter jurisdiction of each board or commission, all members share some basic responsibilities. Meeting attendance is a fundamental responsibility. All members are expected to regularly attend their respective board or commission meetings. Three unexcused, consecutive absences constitute a vacancy of office. Subject Matter Jurisdiction Members must stay informed on subjects of interest to their specific board or commission. The City Council encourages and provides opportunities for continuing education to assist board and commission members in the conduct of their duties. The subject matter jurisdiction of each board and commission is as follows: Old Town Local Review Board - The Old Town Local Review Board (OTLRB) reviews and makes recommendations on topics related to the Old Town Specific Plan, matters of historical significance and architectural themes in the historic district. Community Services Commission - The Community Services Commission (CSC) reviews and makes recommendations on topics related to the Parks and Recreation Element of the General Plan and works to provide parks and recreation services and programs for the community. Planning Commission - The Planning Commission (PC), serving as the designated statutory planning agency for the City of Temecula, reviews and makes recommendations on topics related to subdivisions, specific plans, zone changes, plot plans and conducts legally required public hearings. Public/Traffic Safety Commission - The Public/Traffic Safety Commission (PTSC) reviews and makes recommendations on topics related to speed zones, stop signs, signals, pavement markings, traffic design and engineering. Race, Equity, Diversity and Inclusion Commission - The Race, Equity, Diversity and Inclusion Commission (REDI) reviews and makes recommendations on topics of diversity and inclusion within City events, services, programs and policies and enhanced community relations. Opportunities for Engagement Board and commissioner members are encouraged to become acquainted with the City, its values, and operational structure. To obtain this knowledge, board and commission members are encouraged to do the following: ✓ Attend City Council Meetings ✓ Attend City -Sponsored Special Events ✓ Attend Other Board and Commission Meetings ✓ Meet with City Council Board and Commission Liaisons ✓ Meet with the City Manager, Executive Directors, and/or Other Staff Members ✓ Participate in Subcommittee Opportunities ✓ Participate in Annual Board and Commission Assessments and Joint Meetings Revised January 2023 II. General Information About Operating as a Board or Commission Board and Commission Organization and Meetings All board and commission meetings shall be publicly noticed and conducted in the same manner as City Council meetings. Board and commission meeting agendas and minutes shall be created, approved and publicly retained in the same manner as those of the City Council. Guidance on these matters shall be provided by the City Clerk and City Attorney. Each board and commission shall annually elect a chairperson and vice -chairperson. The main responsibility of the chairperson shall be to run orderly and effective meetings ensuring that all voices are heard, including those of fellow board and commission members and the public. The chairperson will work with the corresponding department director and staff on agenda content and to ensure the meetings are conducted in an effective, efficient and inclusive manner. Members should take particular care to comply with the open public meeting laws set forth in the Brown Act. While staff provides the appropriate notice and agendas for board and commission meetings, individual members must take care to not discuss City business with other board or commission members, either together or one at a time, outside of a properly noticed public meeting. A summary of the major provisions and requirements of the Ralph M. Brown Act is included in this handbook. City Council Liaisons and Joint Meetings The City Council annually appoints one Council Member to serve as a liaison to each board and commission. The appointed member is available for individual consultations with that board or commission and may attend board or commission meetings. In addition, each board and commission shall meet jointly with the City Council annually at a regularly scheduled City Council meeting as follows: 1st Meeting in February — Planning Commission and Old Town Local Review Board 2nd Meeting in February — Public/Traffic Safety Commission 1st Meeting in March — Community Services Commission 2na Meeting in March — Race, Equity, Diversity and Inclusion 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 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, board and commission members may present at City Council meetings providing a verbal report on the status of their respective board or commission as a routine item on the regular agenda. Working with Staff and Fellow Members Board and commission members are individually appointed by the City Council. City staff assigned to work with boards and commissions report to the City Manager, who in turn, reports to the City Council. A department director or administrator 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 so that the project may 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 Revised January 2023 be cognizant of the time involved on the part of staff in preparing requested studies and reports. With respect to general discussion at board and commission meetings, members should make every attempt to clarify differences and make certain that clear communication is taking place when recommendations are discussed and approved. If differences cannot be resolved, the Department Director, City Manager and/or Council Member serving as the Board or Commission Liaison may be consulted to resolve the matter. Staff Reports to the City Council On occasion, staff will be required to prepare an agenda report on a board or commission item for City Council review. The staff member should present both the staff position and the board or commission position in the report. The majority and minority viewpoints of the board or commission members should also be presented. 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. Board and Commission Goals and Department Priorities The City prepares an annual budget and operates on a fiscal year budget cycle. Boards and commissions are encouraged to annually review and comment on department programs and capital projects that may relate to their scope of interest. This evaluation is intended to focus attention on the overall department program and service priorities and board and commission objectives as opposed to departmental operations. Public Hearinas In some instances, boards or commissions will have to conduct a public hearing, either on a major issue of concern to the community, on a permit application, or on an appeal of a staff decision. Most board and commission actions and recommendations may be appealed or otherwise sent to the City Council for review and approval. Certain Planning Commission actions may be final with no right of appeal. Care must be taken in the maintenance of the official record of any proceeding. The procedure established by the City Attorney must be followed during the conduct of these hearings. Legislative Positions Boards and commissions may review and make recommendations on ballot proposals and legislation requested by the City Council. 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. Legal Assistance Some boards or commissions, such as the Planning Commission, may require the presence of a City Attorney. When there is doubt concerning the legality of an issue, the attorney will advise members on the proposed course of action. In the absence of an attorney, when there is doubt about the legality of a procedure, the board or commission should refrain from additional discussion and decision making until a legal opinion is rendered. If necessary, a hearing may be continued until matters can be clarified. In all cases, the direction of the City Attorney should be followed closely. III. General Information About Personal Conduct as a Board or Commission Member Representation on Behalf of the City Board and commission members must be cognizant of their presence and public stance as a representative of the City and the board or commission they serve. Members must refrain from presenting their personal views or recommendations as representing the board or commission Revised January 2023 unless such a body has voted to approve the action. When expressing views that the majority of the board or commission has not approved, members must indicate their opinion is that of a private individual. Personal opinions must be identified as such. Public statements should not include promises or direction that may be construed to be binding on the board or commission, City Council, or City staff. When making a public statement, members should indicate that board and commission actions are advisory in nature and final action on the recommendations will be taken by the City Council. Planning Commissioners should not express any views on projects that will come before them. The Planning Commission must provide legal due process for applicants which requires that commissioners not express any bias or views on a project until all of the information is presented at a public hearing and the applicant and public have expressed their views on the matter. Board and commission members are empowered by appointment to represent the general interest of the City and the board or commission on which they serve. Representation in their appointed capacity does not include specific program areas and/or special interest groups they may be professionally and/or personally affiliated with. Public Appearance Before a Legislative Body If a board or commission member appears in a non -official, non -representative capacity before any public or private body, the member shall not identify or disclose membership on a City board or commission. If a question of membership arises, the member shall indicate that they are appealing and speaking 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. Running for Elective Office While Appointed Members shall be permitted to retain membership on their respective board or commission while seeking any elective office. Members of these 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 elective office. Campaign contributions to board or commission members may be considered income and the conflict of interest rules apply to board or commission actions involving a campaign contributor. These rules are described in the Conflict of Interest Handbook and the City Attorney should be consulted if a member decides to run for elective office. Revised January 2023 SECTION 3 �ovTExlt CITY OF TEMECULA :- City Clerk's Office o iss9 `^ PROCEDURES FOR "Oj'onv . tiwYa� BOARDS AND COMMISSIONS Purpose: The City of Temecula currently has one board and four commissions. Various resolutions and the municipal code of the City of Temecula contain general provisions which govern the City's boards and commissions. 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. A general description of the existing board and commissions is as follows: Old Town Local Review Board The Old Town Local Review Board (OTLRB) reviews and makes recommendations on topics related to the Old Town Specific Plan, matters of historical significance and architectural themes in the historic district. The Old Town Local Review Board meets the second Monday of each month at 9:00 a.m. in the Council Chambers at City Hall. Community Services Commission The Community Services Commission (CSC) reviews and makes recommendations on topics related to the Parks and Recreation Element of the General Plan and works to provide parks and recreation services and programs for the community. The Community Services Commission meets the second Monday of each month at 6:00 p.m. in the Council Chambers at City Hall. Planning Commission The Planning Commission (PC), serving as the designated statutory planning agency for the City of Temecula, reviews and makes recommendations on topics related to subdivisions, specific plans, zone changes, plot plans and conducts legally required public hearings. The Planning Commission meets the first and third Wednesday of each month at 6:00 p.m. in the Council Chambers at City Hall. Public/Traffic Safety Commission The Public/Traffic Safety Commission (PTSC) reviews and makes recommendations on topics related to speed zones, stop signs, signals, pavement markings, traffic design and engineering. The Public/Traffic Safety Commission meets the fourth Thursday of each month at 6:00 p.m. in the Council Chambers at City Hall. Race, Equity, Diversity and Inclusion Commission The Race, Equity, Diversity and Inclusion Commission (REDI) reviews and make recommendations on topics of diversity and inclusion within City events, services, programs and policies and enhanced community relations. The Race, Equity, Diversity and Inclusion Commission meets the second Thursday of each month at 6:00 p.m. in the Council Chambers at City Hall. APPOINTMENT OF BOARD AND COMMISSION MEMBERS The City Council is the appointing body for the City's boards 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. o Scheduled Vacancv - 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 through a variety of methods (i.e., City website, PEG Channel, flyers in City Hall lobby and at City -affiliated events, email lists, Constant Contact, press releases, social media, etc.). o Unscheduled Vacancv- 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 sixty (60) days 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 advertising again. • The City Clerk shall provide incumbent commission member(s) with a notification advising of the upcoming expiration and inviting them to reapply. • All applicants will be advised that the appointment process is a public process subject to the Brown Act and Public Records Act. • Applications will be electronically accessible through the City's website and will be processed as follows: o Completed applications will be electronically accepted in a standardized manner by the City Clerk's office as Council directed, indicating interest in one or more board or commission. Completed applications include the application itself, along with any attachments (i.e., resume, letter of recommendation, etc.). o The City Clerk will provide a non -redacted set of qualified applications, with all attachments, to each council member electronically. Said applications shall be provided to the City Council for their review at least ten (10) days prior to the Council meeting at which an appointment will be considered. o Appointments shall be calendared as a business item at a regularly scheduled or special City Council meeting. At the Council meeting, candidates shall provide a five (5) minute presentation on why they wish to be appointed to the relevant board or commission. After questions and discussion, the Council shall indicate their preferences and make an appointment. A majority vote of the City Council is required for appointment. 2. ORIENTATION OF NEW BOARD OR COMMISSION MEMBERS • Each new board or commission member shall receive a new member orientation. The orientation shall be coordinated through the City Clerk and include the following: o City Manager / City Council — Welcome on Behalf of the City and City Council o 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 o IT — Issuance of Proximity Cards o 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 3. 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. Under Section 2.40.090, a position is declared vacant when a member is absent from three consecutive meetings without excuse. 4. 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 Hall posting board and on the City's website. The list shall be updated to reflect new board and commission appointments as needed. 5. TRAINING FOR BOARD AND COMMISSION MEMBERS 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 boards and commissions as needed. 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. 6. JOINT MEETINGS AND RECOGNITION Service recognitions for board and commission members will take place annually at the first regularly scheduled City Council meeting in January. Joint meetings of the City Council and each board and commission shall be held at the regularly scheduled City Council meetings in February and March. If desired, the City Clerk's office shall also coordinate an annual informal gathering of the board and commission members and City Council. Procedure No.: 014 Last Revised: January 2023 SECTION 4 ORDINANCE NO. 89-13 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TFA1ECULA ESTABLISHING THE PLANNING AGENCY WHEREAS, the City of Temecula was incorporated on December 1, 1989 as a general law city in the State of California; WHEREAS, it is necessary for the efficient operation of the affairs of the City that there be an interim Planning Commission; WHEREAS, prior to incorporation, the Planning Agency as the County Planning Commission, except in certain minor land use matters where the Planning Director served as the Planning Agency; WHEREAS, it is the intent of the City of Temecula to establish its own Planning Commission; WHEREAS,until the City Council can select its own Planning Commission to serve, as its Planning Agency, it prefers to continue to use the services of the County Planning Commission, so long as no decision of the County Planning Director or County Planning Commission is final until it has been received and considered by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. An interim Planning Agency for the City of Temecula is hereby established. The members of the Riverside County Planning Commission and the Riverside County Planning Director shall serve as the members of the interim Planning Agency pursuant to the functions granted to them under the County Ordinances, which the City as adopted by reference. The County Planning Commission and the County Planning Director shall continue these functions until the City Council has appointed a City Planning Commission. Section 2. Notwithstanding Section 1 of this Ordinance, and any provisions of the County Ordinances to the contrary, notice of all decisions of the County Planning Director and the County Planning Commission shall be filed with the Clerk of the City Council, together with a repost of the proceedings, not more than fifteen (15) days after the decision. A copy of the Notice of Decision shall be mailed to Applicant and to any person who has made a written request for a copy of the decision. The City Clerk shall place the Notice of Decision on the next agenda of the Ords 89-13 City Council held five (5) or more days after the Clerk receives the Notice. The decision of the County Planning Director or the County Planning Commission is considered final, and no action by the City Council is required unless, within ten (10) days after the Notice of Decision appears on the Council's agenda, the Applicant or interested party files an appeal, accompanied by the fee set forth in the County Ordinances, with the Clerk of the Board of Supervisors, or unless the City Council assumes jurisdiction by ordering the matter set for public hearing. Section 3. Ordinance No. 89-04 of the City of Temecula is hereby repealed.. Section 4. The City of Temecula was incorporated on December 1, 1989. Unless this Ordinance becomes effective immediately, there will be no effective means to administer the zoning and planning laws adopted by the City Council at its organizational meeting. Administration of said laws by the local planning agency is necessary to protect the public peace, health and safety. This Ordinance is therefore necessary of the immediate preservation on the public peace, health and safety, and shall take effect immediately. Section 5. The City Clerk shall certify to the adoption of this Ordinance and cause it to be posted in three designated posting places. Section 6. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. PASSED, APPROVED AND ADOPTED this 26th day of December, 1989. 41-J14�1� Ronald J. Parks, Mayor ATTEST: F. D. Aleshire, City Clerk [SEAL] Ords 89-13 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, F. D. Aleshire, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 89-13 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 26th day of December, 1989, by the following roll call vote. AYES: 4 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 1 COUNCILMEMBERS: Ords 89-13 Birdsall, Moore„ Munoz, Parks None Lindermans �i F. D. Aleshire, City Clerk ORDINANCE NO. 92-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 12.01 OF THE TEMECULA MUNICI- PAL CODE RELATING TO THE ESTABLISHMENT OF A TEMECULA PUBLIC/TRAFFIC SAFETY COMMISSION AND REPEALING CHAPTER 11.01 OF THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 12.01 of the Temecula Municipal Code is hereby amended to read as follows: "12.01.010 Public/Traffic Safety Commission Established. Pursuant to Section 2.06.010 of this Code, there is hereby created an advisory commission to the City Council which shall be known as the "Temecula Public/Traffic Safety Commission." 12,01.020 Commission Composition and Membership. The Public/Traffic Safety Commission shall consist of seven () Members appointed by the City Council pursuant to Section 2.06.050 of this Code. NIM offiwrs or employees of the City or person. under a:� employment contract subject to the jurisdiction of the City Council shall be members of such Commission. 12,01.030 Term of Office. Terms of office for Public/Traffic Safety Commissioners shall be three (3) years with staggered terms. Initially, all seven (7) members may be selected at once. In order to achieve staggered terms, three members shall be appointed for terms of three (3) years; two members for terms of two (2) years; and two members for terms of one (1) year, said terms to be determined 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 2.06.050 of this Code. 12.01.040 Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary technical and clerical assistance to the Commission. 12.01, 050 Time and Place of Meeting. The Public/Traffic Safety Commission shall establish a regular date, time, and place for Commission meetings, which shall be open to the public. Said meetings shall occur no less frequently than once a month. 12,01.060 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 Ord* 92-17 traffic safety. The duties of the Public/Traffic Safety Commission shall be established by Resolution of the City Council. 12.01,070 Public Hearings. Whenever the Commission determines, by a two-thirds (2/3's) 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 __hlinn4in newspaper of general 1 tioL 1.l:nl,uA ' F Ie«.cc l.. U yuv,i%uuvri lri a riew� �,. .,� b.,,.., C1rCu�auvu FUULIaM U lri e CILLY vi �ii,� uia, and/Or vy posting the same in at least three (3) public places, not later than seven (7) 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." Section 2. Chapter 11.01 of the Temecula Municipal Code is hereby repealed. Section 3. SEVERARiiI=_ The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. This Ordinance shall be in full force and effect thirty (30) days after its passage. Section 5. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED AND ADOPTED this loth day of November, 1992. A, "� - ( )�"_ Patricia H. Birdsall, Mayor ATTEST: RAU JAWW��eek, City Clerk [SEAL] Ord* 62-17 -- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance No. 92-17 was duly introduced and placed upon it first reading at a regular meeting of the City Council on the 27th day of October, 1992, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the loth day of November, 1992, by the following roll call vote. AYES: 4 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 1 COUNCILMEMBERS: Ord. az-n 3 Lindemans, Munoz, Parks, Birdsall None Moore --Cn- - Q" e S. Greek, City Clerk 1 ORDINANCE NO. 93-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 13.01 TO THE TEMECULA MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF A TEMECULA COMMUNITY SERVICES COMMISSION WHEREAS, On April 24, 1990, the City Council of the City of Temecula adopted Ordinance 90-05, which added Chapter 13.01 to the Temecula Municipal Code establishing the Temecula Parks and Recreation Commission, and WHEREAS, on February 2, 1993, after due consideration, the Temecula City Council accepted the recommendation of the Parks and Recreation Commission to officially change the name of said Parks and Recreation Commission to the Community Services Commission; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Chapter 13.01 of the Temecula Municipal Code is hereby amended as follows: "13.01.010 Temecula Community Services Commission - Established. There is hereby established a Temecula Community Services Commission. 13,01.020 Time and place of meeting. The time and place of the meetings of the Temecula Community Services Commission shall be established by resolution of the Commission. 13.01.030 Duties. The duties of the Temecula Community Services Commission shall be established by resolution of the City Council." Section 2. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 3. This Ordinance shall be in full force and effect thirty (30) days after its passage. 210rds 63-06 11/'01196 Section 4. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted in the manner prescribed by law. PASSED, APPROVED AND ADOPTED this 9th day March, 1993. 6p- Sal M04 May r ATTEST: Greek, City Cle STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, DO HEREBY CERTIFY that the foregoing Ordinance No. 93-06 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 23rd day of February, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 9th day of March, 1993 by the following roll call vote: AYES: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Munoz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Birdsall 4��t� -2�• Jun S Greek, City Clerk 210rds 93-06 10/30/96 RESOLUTION NO. 2020-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE RACE, EQUITY, DIVERSITY AND INCLUSION (REDI) COMMISSION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Race Eguity, Diversity and Inclusion Commission Established. Pursuant to Section 2.40.010 of the Temecula Municipal Code, there is hereby created an advisory commission to the City Council which shall be known as the "Race, Equity, Diversity and Inclusion Commission." Section 2. Commission Composition and Membership. The Race, Equity, Diversity and Inclusion Commission shall consist of seven (7) members appointed by the City Council pursuant to Section 2.40.020 of the Temecula Municipal Code. No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Commission. Section 3. Term of Office. Terms of office for the Race, Equity, Diversity and Inclusion Commission shall be three (3) years with staggered terms. Initially, all seven (7) members may be +►" selected at once. In order to achieve staggered terms, three members shall be appointed for terms of three (3) years; two members for terms of two (2) years; and two members for terms of one (1) - year. Said terms shall be determined by a randomized drawing. At the completion of any term, a commission member may be reappointed pursuant to Temecula Municipal Code 2.40.060. Section 4. A_nnointment, Removal and Vacancies. Members of the Race, Equity, Diversity and Inclusion Commission shall be appointed and removed in the same manner as other boards and commissions within the City pursuant to Temecula Municipal Code 2.40.050. Vacancies shall be filled pursuant to 2.40.070. Section 5. Time and Place of Meeting. The Race, Equity, Diversity and Inclusion Commission shall meet regularly on the second Thursday of each month at 6 p.m. in the Council Chambers in City Hall located at 41000 Main Street, Temecula. Section 6. Stipend. The Race, Equity, Diversity and Inclusion Commission shall receive the same stipend as the other boards and commissions pursuant to Temecula Municipal Code Section 2.40.100. Section 7. Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary assistance to the commission similar to that of other boards and commissions within the City. Section 8. Role and Purpose. Similar to other boards and commissions, with the exception of those with statutory responsibilities, the role of the Race, Equity, Diversity and Inclusion Commission shall be advisory in nature, with legislative authority remaining with the City Council. The commission shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and make recommendations. The commission shall work with and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council. The purpose of the Race, Equity, Diversity and Inclusion Commission shall be as follows: • Build Strong Relationships Around Issues of Diversity, Inclusion and Equity With the City Council, Commissions, Staff and Community • Learn About Existing City Events, Services and Programs and Identify Opportunities for Further Diversity and Inclusion within the Same • Serve as Ambassadors to Educate the Community About Opportunities Relatcd to Diversity and Inclusion within City Events, Services and Programs ■ Identify Opportunities for Enhanced Communication with All Residents, Including with Those of Various Race, Ethnic, Gender, Disability, Religious, and/or Cultural Backgrounds • Identify Opportunities for Improved Outreach to All Residents on Various City Efforts and Initiatives • Evaluate Policies Brought to the Commission for Consideration with an Equity Lens and Make Recommendations Section 9. The City Clerk shall certify to the passage and adoption of this resolution PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25`h day of August, 2020. M ann Edwards, Mayor Pro Tempore ATTEST: :--e � Ran v , City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2020-59 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25`h day of August, 2020, by the following vote: AYES: 4 COUNCIL MEMBERS: Edwards, Naggar, Rahn, Schwank NOES: 0 COUNCIL MEMBERS: ABSTAIN: 0 COUNCIL MEMBERS ABSENT: 0 COUNCIL MEMBERS I None None No Randi Johl, City Clerk 3 SECTION .5 INSTITUTE FOR LOCAL GOVERNMENT FOUNDED 1955 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.1 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: FAQs 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). s Institute for Local Government www.ca-ilg.org 2 State Ethics Training Requirements For Local Officials: FAQs September 2012 5. Can AB 1234'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 apply to charter cities by including charter cities within the definition of local agency.9 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, 2007.10 After that, they must receive the training at least once every two years. 11 Officials whose term of office ends before January 9, 2007 were excused.12 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 Government www.ca-ilg.org 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 agency officials receive the training, they will be given proof of participation.14 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: F Qs 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-ilg.org/AB 1234compliance) as well as a free online course at http://localethics.fppc.ca.gov or http://www.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::: 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.org 5 State Ethics Training Requirements For Local Officials: FAQs September 2012 Governmental transparency laws, including financial disclosure requirements and open government laws (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.org/AB 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 goal 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. 23 12. Can I get State Bar minimum continuing legal education (MCLE) credit for attending AB 1234 training? Yes. AB 1234 training is eligible for MCLE participatory credit,24 provided the training complies with MCLE requirements. It is not, however, eligible for MCLE legal ethics credit.zs 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."27 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 Government www.ca-ilg.org 6 State Ethics Training Requirements For Local Officials: FAQs 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. 28 G:\INSTITUTE\Ethics\AB 1234 Ethics Programs and Certification\FAQs\State Ethics Training FAQs10-4.doc ' Cal. Gov't Code § 53235(a), (b). 2 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 § 532323(a). S See Cal. Gov't Code § 53235.1(c). 9 Cal. Gov't Code § 53234(b). 10 See Cal. Gov't Code § 53235.1(a). " See Cal. Gov't Code § 53235.1(a). 12 Cal. Gov't Code § 53235.1(a). 13 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. 14 Cal. Gov't Code § 53235.1(e). 15 Cal. Gov't Code § 53235.2. 16 Cal. Gov't Code § 53235.2. '7 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. '8 Cal. Gov't Code § 53235(f). 19 Cal. Gov't Code § 53235(d). 20 See Cal. Gov't Code § 53235(c). The FPPC adopted it's guidelines as a regulation20 and the Attorney General issued General Guidelines on Course Accuracy and Sufficiency, which are available on the Department of Justice website: http:Hcaag.state.ca.us/ethics/eth loc guide_final.pdf. A summary of the state's guidelines for training is also available at www.ca-iliz.org/AB1234compliance. Institute for Local Government www.ca-ilg.org 7 State Ethics Training Requirements For Local Officials: FAQs 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 http://oag.ca.gov/sites/all/files/pdfs/ethics/eth loc guide final.pdfl 24 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 2021-2022 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 CoverPage ........................................................ p.5 Schedule A-1 (Investments) ............................... p.7 Schedule A-2 (Business Entities/Trusts) ............ p.9 Schedule B (Real Property) ............................... p.11 Schedule C (Income).........................................p.13 Schedule D (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) 322-5660 • Website: www.fppc.ca.gov December 2021 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 1 — 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. ITEMS TO NOTE! • 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. NOTHING TO REPORT? Mark the "No reportable interests" box on Part 4 of the Cover Page, and submit only the signed Cover Page. Please 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 Entitites/Trusts 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 Note: 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. E-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(2021/2022) advice@fppc.ca.gov • 866-275-3772 • www..ca.gov Page - 2 UIP..�'It New Gift Limit Increase The gift limit increased to $520 for calendar years 2021 and 2022. The gift limit in 2020 was $500. W4 must file: • Elected and appointed officials 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 • Employees in newly created positions of existing agencies For more information, see Reference Pamphlet, page 3, at www. fppc. ca. gov. W4u to file: 87200 Filers State offices Your agency Judicial offices The clerk of your court Retired Judges Directly with FPPC County offices Your county filing official City offices Your city clerk Multi -County offices 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 Newly Created Boards and Commissions: File with your agency or with your agency's code reviewing body pursuant to Regulation 18754. 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 as follow: State offices, Judicial County elections official with offices and whom you file your multi -county offices z declaration of candidacy County offices z County elections official City offices z City Clerk Public Employee's Retirement System (CaIPERS) z CaIPERS State Teacher's Retirement Board (CaISTRS) z CaISTRS How to file: The Form 700 is available at www.fppc.ca.gov. Form 700 schedules are also available in Excel format. Each Statement must have a handwritten "wet" signature or "secure electronic signature," meaning either (1) a signature submitted using an approved electronic filing system or (2) if permitted by the filing officer, a digital signature submitted via the filer's agency email address. (See Regulations 18104 and 18757.) Companies such as Adobe and DocuSign offer digital signature services. All statements are signed under the penalty of perjury and must be verified by the filer. See Regulation 18723.1(c) for filing instructions for copies of expanded statements. W" to file: Annual Statements Z March 1, 2022 - Elected State Officers - Judges and Court Commissioners - State Board and State Commission Members listed in Government Code Section 87200 April 1, 2022 - Most other filers Individuals filing under conflict of interest codes in city and county jurisdictions should verify the annual filing date with their filing official or filing officer. Statements postmarked by the filing deadline are considered filed on 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, 2021, and December 31, 2021, and filed an assuming office statement, you are not required to file an annual statement until March 1, 2023, or April 1, 2023, whichever is applicable. The annual statement will cover the day after you assumed office through December 31, 2022. (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 (2021/2022) advice@fppc.ca.gov • 866-275-3772 • www.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. • Report: 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. For positions subject to confirmation by the State Senate or the Commission on Judicial Appointments, 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. • Report: 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. Annual Statement: Generally, the period covered is January 1, 2021, through December 31, 2021. If the period covered by the statement is different than January 1, 2021, through December 31, 2021, (for example, you assumed office between October 1, 2020, and December 31, 2020 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. 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 2021. • 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, 2021, through the date you stopped performing the duties of your position. If the period covered differs from January 1, 2021, through the date you stopped performing the duties of your position (for example, you assumed office between October 1, 2020, and December 31, 2020, or you are combining statements), the period covered must be specified. The reporting period can cover parts of two calendar years. • Report: Investments, interests in real property, business positions held, and income (including loans, gifts, and travel payments) received during the period covered by the statement. 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 2021. 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 board 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 refile the entire form. Obtain amendment schedules from the FPPC website at www.fppc.ca.gov. Note: Once you file your statement, you may not withdraw it. All changes must be noted on amendment schedules. Expanded Statement: If you hold multiple positions subject to reporting requirements, you may be able to file an expanded statement for each position, rather than a separate and distinct statement for each position. The expanded statement must cover all reportable interests for all jurisdictions and list all positions for which it is filed. The rules and processes governing the filing of an expanded statement are set forth in Regulation 18723.1 FPPC Form 700 (2021/2022) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 4 Please type or print in ink. NAME OF FILER (LAST) 1. Office, Agency, or Court Agency Name (Do not use acronyms) Division, Board, Department, District, if applicable STATEMENT OF ECONOMIC INTERESTS Date Initial Filing Received COVER PAGE Filing Official Use Only A PUBLIC DOCUMENT (FIRST) Your Position ► IT Ming Tor multiple positions, IISt Delow or on an attacnment. (uo not use acronyms) Agency: Position: 2. Jurisdiction of Office (Check at least one box) State Multi -County City of (MIDDLE) ❑ Judge, Retired Judge, Pro Tern Judge, or Court Commissioner (Statewide Jurisdiction) ❑ County of ❑ Other 3. Type of Statement (Check at least one box) ❑ Annual: The period covered is January 1, 2021, through ❑ Leaving Office: Date Left I -or- December 31, 2021. (Check one circle.) The period covered is /_/ through F_ The period covered is January 1, 2021, through the date of December 31, 2021. -or- leaving office. ❑ Assuming Office: Date assumed F_ The period covered is through the date of leaving office. Candidate: Date of Election and office sought, if different than Part 1: Schedule Summary (must complete) P. Total number of pages including this cover page: Schedules attached Schedule A-1 - Investments — schedule attached Schedule A-2 - Investments — schedule attached Schedule B - Real Property — schedule attached -or- ❑ None - No reportable interests on any schedule 5. Verification MAILING ADDRESS STREET CITY (Business or Agency Address Recommended - Public Document) ❑ Schedule C - Income, Loans, & Business Positions — schedule attached Schedule D - Income — Gifts — schedule attached ❑ Schedule E - Income — Gifts — Travel Payments — schedule attached DAYTIME TELEPHONE NUMBER EMAIL ADDRESS ( ) STATE ZIP CODE 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 (month, day, year) (File the originally signed paper statement with your filing official.) FPPC Form 700 -Cover Page (2021/2022) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 5 Instructions Cover Page Enter your name, mailing address, and daytime telephone If your agency is not a state office, court, county office, city number in the spaces provided. Because the Form 700 is a office, or multi -county office (e.g., school districts, special public document, you may list your business/office address districts and JPAs), check the "other" box and enter the instead of your home address. county or city in which the agency has jurisdiction. 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 separate and distinct statements with each agency. To simplify your filing obligations, in some cases you may instead complete a single expanded statement and file it with each agency. • The rules and processes governing the filing of an expanded statement are set forth in Regulation 18723.1. To file an expanded statement for multiple positions, enter the name of each agency with which you are required to file and your position title with each agency in the space provided. Do not use acronyms. Attach an additional sheet if necessary. Complete one statement disclosing all reportable interests for all jurisdictions. Then file the expanded statement with each agency as directed by Regulation 18723.1(c). 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 their 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 the Counties of Placer and Yuba. The City is located within Placer County. Brian may complete one expanded statement to disclose all reportable interests for both offices and list both positions on the Cover Page. Brian will file the expanded statement with each the City and the District as directed by Regulation 18723.1(c). 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. Example: This filer is a member of a water district board with jurisdiction in portions of Yuba and Sutter Counties. 1. Office, Agency, or Court Acy Name (Do not use acronyms) Zther River Irrigation District DNision, Board, Department, District, if applicable Your Position N/A Board Member . If filing for multiple positions, list below or on an attachment (Do not use acronyms) Agency: N/A Position'. 2. Jurisdiction of Office (check at feast one bo.) state E] Judge or Court Commissioner (Statewide Jurisdiction) Multi -County Yuba & Sutter Counties County of ❑ City of ❑ Other 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 2021 annual statement, do not change the pre-printed dates to reflect 2022. Your annual statement is used for reporting the previous year's economic interests. Economic interests for your annual filing covering January 1, 2022, through December 31, 2022, will be disclosed on your statement filed in 2023. See Reference Pamphlet, page 4. Combining Statements: Certain types of statements for the same position 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. Each statement must have an original "wet" signature unless filed with a secure electronic signature. (See page 3 above.)All statements must be signed under penalty of perjury and be verified by the filer pursuant to Government Code Section 81004. See Regulation 18723.1(c) for filing instructions for copies of expanded statements. 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 -Cover Page (2021/2022) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.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 brokerage or financial statements. ► NAME OF BUSINESS ENTITY ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $2,000 - $10,000 n $100,001 - $1,000,000 Over $1,000,000 $100,001 - $1,000,000 $10,001 - $100,000 Over $1,000,000 NATURE OF INVESTMENT NATURE OF INVESTMENT Stock Other Stock Other (Describe) (Describe) F-I Partnership F Income Received of $0 - $499 Partnership Income Received of $0 - $499 F- Income Received of $500 or More (Report on Schedule C) Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: IF APPLICABLE, LIST DATE: / /21 /21 / /21 / /21 ACQUIRED DISPOSED ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE n $2,000 - $10,000 n $10,001 - $100,000 n $100,001 - $1,000,000 n Over $1,000,000 NATURE OF INVESTMENT Stock Other (Describe) Partnership I Income Received of $0 - $499 F- Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: — / /21 /21 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 nNATURE OF INVESTMENT Stock Other (Describe) n Partnership I Income Received of $0 - $499 F- Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: � /21 /21 ACQUIRED DISPOSED Comments: GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 NATURE OF INVESTMENT Stock Other (Describe) Partnership Income Received of $0 - $499 Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: //21 //21 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 NATURE OF INVESTMENT Stock Other (Describe) Partnership Income Received of $0 - $499 Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: )/21 /21 ACQUIRED DISPOSED FPPC Form 700 - Schedule A-1 (2021/2022) advice@fppc.ca.gov • 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) Reminders • Do 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. • Retirement accounts invested in non -reportable interests (e.g., insurance policies, mutual funds, or government bonds) (See Reference Pamphlet, page 15.) • Government defined -benefit pension plans (such as CalPERS 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: Do 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. SCHEDULE A-2 Investments, Income, and Assets of Business Entities/Trusts (Ownership Interest is 10% or Greater) Name Address (Business Address Acceptable) Check one ❑ Trust, go to 2 ❑ Business Entity, complete the box, then go to 2 GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ❑ $0 - $1,999 ❑ $2,000 - $10,000 //21 //21 ❑ $10,001 - $100,000 ACQUIRED DISPOSED ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT Partnership ❑ Sole Proprietorship Other YOUR BUSINESS POSITION SHARE OF -•SS INCOME TO THE ENTITY/TRUST) ❑ $0 - $499 $10,001 - $100,000 ❑ $500 - $1,000 OVER $100,000 ❑ $1,001 - $10,000 lo- 3. LIST THE NAME OF •-TABLE SINGLE SOURCE OF INCOMEOF $10,000 OR •- 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, or Assessor's Parcel Number or Street Address of Real Property Description of Business Activity or City or Other Precise Location of Real Property 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 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 CALIFORNIA FORM 700 FAIR POLITICAL PRACTICES COMMISSION 11- 1. BUSINESS ENTITY OR TRUST Name Address (Business Address Acceptable) Check one ❑ Trust, go to 2 [ Business Entity, complete the box, then go to 2 GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ❑ $0 - $1,999 ❑ $2,000 - $10,000 /21 /21 ❑ $10,001 - $100,000 ACQUIRED DISPOSED ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT Partnership ❑ Sole Proprietorship ❑ Other YOUR BUSINESS POSITION SHARE OF -•SS INCOME TO THE ENTITYITRUST) ❑ $0 - $499 ❑ $10,001 - $100,000 ❑ $500 - $1,000 OVER $100,000 $1,001 - $10,000 No- 3. LIST THE NAME OF •RTABLE SINGLE SOURCE OF INCOMEOF $10,000 OR • ❑ None or Names listed below op- 4. INVESTMENTS • INTERESTS IN REAL PROPERTY• OR LEASED BY OR Check one box: ❑ INVESTMENT ❑ REAL PROPERTY Name of Business Entity, if Investment, or Assessor's Parcel Number or Street Address of Real Property Description of Business Activity or City or Other Precise Location of Real Property 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 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 Comments: FPPC Form 700 - Schedule A-2 (2021/2022) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.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's 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 8.) 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 property or investment during the reporting period. FPPC Form 700 (2021/2022) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page -10 SCHEDULE B Interests in Real Property (Including Rental Income) ► ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS CITY FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INTEREST ❑ Ownership/Deed of Trust ❑ Leasehold IF APPLICABLE, LIST DATE: / /21 j21 ACQUIRED DISPOSED ❑ Easement ❑ 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 Name ► ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS CITY FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INTEREST ❑ Ownership/Deed of Trust ❑ Leasehold IF APPLICABLE, LIST DATE: //21 �21 ACQUIRED DISPOSED ❑ Easement 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 * 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 (Business Address Acceptable) BUSINESS ACTIVITY. IF ANY. OF LENDER INTEREST RATE TERM (Months/Years) 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 (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF LENDER INTEREST RATE TERM (Months/Years) % None HIGHEST BALANCE DURING REPORTING PERIOD $500 - $1,000 $1,001 - $10,000 $10,001 - $100,000 ❑ OVER $100,000 Guarantor, if applicable FPPC Form 700 - Schedule B (2021/2022) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov 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, or 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.) Interests in real property include: • An ownership interest (including a beneficial ownership interest) • A deed of trust, easement, or option to acquire property • A leasehold interest (See Reference Pamphlet, page 14.) • A mining 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.) • Some interests in real property held through a blind trust (See Reference Pamphlet, page 16.) • Please note: A non -reportable property can still be grounds for a conflict of interest and may be disqualifying. 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, 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? disclose the number of years remaining on the lease. • 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 source(s) 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." • Loans from a private lender that total $500 or more and are secured by real property may be reportable. 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. When reporting a loan: - 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 $12,000, 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 $10,000 or more. A married couple is considered a single tenant. .Str. .Mae. o..T...T....... 4600 24th Sacramento 0 0 °° �,'a- 000000o A G IReG GlsPoseo oTo �e,���wDaea o.T�s� ❑ E =emenr ❑ Laaae oIo .@ 9 ❑ :0 9111e$B NGF R$E. o-905.-81o1, o _ m.o o0v..... ❑ o ER s,o-— Ir Y-U own a , , or graa,er o mee� for e �n cenent mat O a single :o��oe or IS, oe me.e Henry Wells NAME OF LENDER' Sophia Petroillo .....s' (.�=,�e==Adde==A«earee,e, 2121 Blue Sky Parkway, Sacramento BUSINESS ACTIVITY, IF ANV, OF LENDER Restaurant Owner INTEREST RATE TERM (Mon�ns/Yeere) S , ❑ Nee 15 Years HIGHEST BALANCE DURING REPORTING PERIOD ❑ $500 - 51,000 ❑ $,AO, - $1— o $,o,00, $,ao.000 ❑ OVER $,og,— ❑ G aP nIe .o nts: FPPC Form 700 (2021/2022) advice@fppc.ca.gov • 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 n $500 - $1,000 $1,001 - $10,000 n $10,001 - $100,000 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.) n Sale of (Real property, car, boat, etc.) Loan repayment Commission or F- Rental Income, list each source of S10,000 or more n Other (Describe) (Describe) Name 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 F- $500 - $1,000 n $1,001 - $10,000 F $10,001 - $100,000 n 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.) n Sale of (Real property, car, boat, etc.) Loan repayment Commission or Rental Income, list each source of $10,000 or more F- Other (Describe) (Describe) * 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 transaction, 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' INTEREST RATE TERM (Months/Years) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY. IF ANY. OF LENDER HIGHEST BALANCE DURING REPORTING PERIOD $500 - $1,000 $1,001 - $10,000 $10,001 - $100,000 U OVER $100,000 Comments: % [ None SECURITY FOR LOAN F- None F- Personal residence F- Real Property Street address Guarantor Other city (Describe) FPPC Form 700 - Schedule C (2021/2022) advice@fppc.ca.gov • 866-275-3772 • 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 10.) • 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 not 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 PIERS 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. FPPC Form 700 (2021/2022) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page -14 SCHEDULE D Income — Gifts ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) $ $ / $ ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) $ $ Comments: ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) $ $ ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) / $ / $ / $ FPPC Form 700 -Schedule D (2021/2022) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page -15 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 Reminders • Gifts from a single source are subject to a $520 limit in 2021. (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. You are not required to disclose: • 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 family 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 (2021/2022) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page -16 SCHEDULE E Income — Gifts Travel Payments, Advances, and Reimbursements 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 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S):--J--J- // AMT: $ (If gift) ► MUST CHECK ONE: ❑ Gift -or- ❑ Income ❑ 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 BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S):// // AMT: $ (If gift) ► MUST CHECK ONE: ❑ Gift -or- ❑ Income ❑ Made a Speech/Participated in a Panel ❑ Other - Provide Description ► If Gift, Provide Travel Destination Comments: ► 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):// - --J--JAMT: $ (If gift) ► MUST CHECK ONE: ❑ Gift -or- ❑ Income 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 U 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S):// - // AMT: $ (If gift) ► MUST CHECK ONE: Gift -or- ❑ Income ❑ Made a Speech/Participated in a Panel ❑ Other - Provide Description ► If Gift, Provide Travel Destination FPPC Form 700 - Schedule E (2021/2022) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov 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 89506(a).) You are not 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 501(c)(6) 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 the same a ment from a • NAME OF SOURCE (Not an Acronym) Health Services Trade Association ADDRESS (Business Add— Acceptable) 1230 K Street, Suite 610 CITY AND STATE Sacramento, CA ❑ 501(,)(3) or DESCRIBE BUSINESS ACTIVITY, IFANY, OF SOURCE Association of Healthcare Workers DIES) : __J___J - AMT $ 650.00 (If 91ff) • MUST CHECK ONE: Gift Or. QX Income Q Made a Speech/Participated in a Panel Q Other - Provide Description Travel reimbursement for board meeting. � Ir Glft, Pro�Iae naoel Deelmallor, p y 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's 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 • NAME OF SOURCE (Nor a,A y,) Chengdu Municipal People's Government ADDRESS (Business AS --Acceptable) 2 Caoshi St, CaoShUie, Qingyang Qu, Chengdu Shi, CITY AND STATE Sichuan Sheng, China, 610000 ❑ 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATES): 09 / 04 / XX - 09 08 J XX AMr s 3,874.38 (It 9,,d • MUST CHECK ONE: 0 Gift Or. Income ® Made a Speech/Participated in a Panel Other - Provide Description Travel reimbursement for trip to China. • If Gift, Erwlde Travel Dead�aro� Sichuan Sheng, China report the gift of travel, but the gift is exempt from the gift 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.) FPPC Form 700 (2021/2022) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page -18 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 economic interests including personal assets and income. The Act's conflict of interest provisions also disqualify a public official from taking part in a governmental decision if it is reasonably foreseeable that the decision will have a material financial effect on these economic interests as well as the official's personal finances and those of immediate family. (Gov. Code Sections 87100 and 87103.) 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 Act's provisions. Gift Prohibition Gifts received by most state and local officials, employees, and candidates are subject to a limit. In 2021-2022, the gift limit increased to $520 from a single source during a calendar year. In 2019 and 2020, the gift limit was $500 from a single source during a calendar year. Additionally, 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 page at www.fppc.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@fppc.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 700 (2021/2022) advice@fppc.ca.gov • 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? 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. On an assuming office statement, disclose all A. 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 instead complete an expanded statement listing the county and the two boards on the Cover Page or an attachment as the agencies for which you will be filing. Disclose all reportable economic interests in all three jurisdictions on the expanded statement. File the expanded statement for your primary position providing an original "wet" signature unless filed with a secure electronic signature. (See page 3 above.) File copies of the expanded statement with the other two agencies as required by Regulation 18723.1(c). 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. 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 on Schedule A-1 or A-2 any stock worth $2,000 or more in a business entity located in or doing business in your jurisdiction. FPPC Form 700 (2021/2022) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 20 Questions and Answers Continued Q. 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. 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. I own stock in IBM and must report this investment 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. 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 Q. I reported a business entity on Schedule A-2. Clients of my business are located in several states. Must I 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 I 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? A. 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 www.fppc.ca.gov. (See Reference Pamphlet, page 14.) FPPC Form 700 (2021/2022) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 21 Questions and Answers Continued 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. 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. 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 back 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 Property 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? Q. My husband is a partner in a four -person firm where A 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.) 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. Do 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. Q. 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, do 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 that real property. FPPC Form 700 (2021/2022) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 22 Questions and Answers Continued Gift Disclosure Q. Q. 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. A. Q. 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 2021 the gift limit was $520, so the Bensons may have given the supervisor artwork valued at no more than $1,040. 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. 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. 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 Form 700 (2021/2022) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 23 SECTION 7 ("N Conflicts of Interest p HANDBOOK r*4 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Updated including changes effective January 1, 2022 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 Reform Act........................................................................................................ 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 6. Seeking Advice on Conflict of Interest Questions .......................... 25 B. Government Code Section 1090................................................................ 25 1. Three Principal Components of Section 1090................................. 26 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 6. Statute of Limitations for Section 1090 Violations ........................... 33 C. Common Law Doctrine Against Conflicts of Interest ................................ 33 ll. OTHER SPECIALIZED CONFLICTS OF INTEREST LAWS AND REGULATIONS............................................................................................................ 34 A. Doctrine Against Holding Incompatible Offices ........................................ 34 1. The Common Law Doctrine Against Holding Incompatible Offices........................................................................34 Summary of Principal Conflicts of Interest Laws and Regulations Page i © 2022 Richards, Watson & Gershon 2622346 Table of Contents 2. The Statutory Codification of the Common Law Doctrine of Incompatible Offices - Government Code Section1099......................................................................................36 B. Incompatible Outside Activities.................................................................. 37 C. Successor Agency and Oversight Board Conflicts....................................38 1. Form 700s for Successor Agency and Oversight Board Members............................................................................................ 38 2. Obligation of Successor Agencies to Adopt Conflict of Interest Codes...............................................................................38 3. City Councils are the Code Reviewing Bodies for the Successor Agency's Conflict of Interest Code ............................... 39 4. The City Council May Designate the City Clerk as the Filing Officer for the Successor Agency's Statements of Economic Interests........................................................................39 D. Discount Passes on Common Carriers........................................................ 40 E. Conflicts upon Leaving Office - the "Revolving Door" ............................. 41 F. Laws Prohibiting Bribery................................................................................42 G. Campaign Contributions............................................................................. 43 1 . Conflicts of Interests Arising on Appointed Boards and Commissions...................................................................................... 43 2. Application of Federal Corruption Laws to the Offer or Solicitation of Illegal Campaign Contributions Tied to anOfficial Act................................................................................... 44 3. Ban on Local Agency Officials and Employees Soliciting Campaign Contributions from Officials and Employees of the Same Agency.....................................................45 4. Nepotism............................................................................................45 III. LAWS AND REGULATIONS AFFECTING RECEIPT OF GIFTS, HONORARIA AND LOANS........................................................................................ 48 A. Limitations on Receipt of Gifts..................................................................... 48 1. General Gift Limitation......................................................................48 2. Biennial Gift Limit Adjustment........................................................... 48 Summary of Principal Conflicts of Interest Laws and Regulations Page ii © 2022 Richards, Watson & Gershon 2622346 Table of Contents 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 or Passes to Events Given to Officials by their Agency.............................................................................................. 57 9. Gifts from a Government Agency to an Official in That Agency.............................................................................................. 59 10. Wedding Gifts....................................................................................59 11. Certain Gifts of Travel....................................................................... 59 B. Prohibitions on Receipt of Honoraria.......................................................... 64 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 2. 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 Summary of Principal Conflicts of Interest Laws and Regulations Page iii © 2022 Richards, Watson & Gershon 2622346 Table of Contents 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 Principal Conflicts of Interest Laws and Regulations Page iv © 2022 Richards, Watson & Gershon 2622346 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.ca.gov/faces/codes.xhtml) and the Fair Political Practices Commission ("FPPC") (http://www.fppc.ca.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 or agency counsel 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 v © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations //RWG LAW Summary of Principal Conflicts of Interest Laws and Regulations © 2022 Richards, Watson & Gershon 2622346 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. 1 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 © 2022 Richards, Watson & Gershon 2622346 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 official 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. If a public official holds multiple positions subject to reporting requirements, the public official may choose to complete a separate Form 700 for each position or a single "Expanded Statement of Economic Interests." Regulation 18723.1. 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 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 disclose a source of income to the business as a source of income to the official if the official's pro rata share of gross receipts from that source exceeds $10,000 in aggregate during the reporting period. § 87207(b). 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. § 87207(a) (4). Summary of Principal Conflicts of Interest Laws and Regulations Page 2 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 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 a 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. A local agency may establish a system for the electronic filing of Form 700s, in accordance with State law. § 87500.2. Public officials should seek guidance from the local filing officer as to the appropriate procedure and format for filing a Form 700. 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 a report with the official's agency (typically the city clerk) within 30 days of reaching the $5,000 threshold. § 84224(a). The report must contain the following information: • The contributor's name and address; • The amount of the contribution; • The date or dates on which the payments were made; • The name and address of the contribution recipient; • If goods or services were contributed, a description of those goods and services; and • A description of the purpose or event for which the contribution was used. Summary of Principal Conflicts of Interest Laws and Regulations Page 3 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations The report must also include the following information to the extent known to the elected official: • A brief description4 of the relationship between the nonprofit organization and the elected official, their family member, member of their campaign, or member of their staff; and • A brief description of any proceedings before the elected official's agency at the time of the payment or 12 months before the payment, in which the nonprofit organization is a named party or subject of the decision. Regulation 18424. The statute does not define the term "legislative, governmental, or charitable purposes," but charitable purposes typically involve 501 (c) (3) organizations. Examples of "governmental" purposes include fundraising for a new city hall roof, an inaugural celebration committee,5 litigation expenses,' a breakfast honoring public safety personnel,' and youth conferences.$ The term "legislative purpose," in turn, refers to a 1996 FPPC opinion in which a state senator asked a private party to pay for a witness's airfare and expenses to testify at a legislative hearing.9 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" that officer. Id. This disclosure requirement does not apply to a behested payment made by a local, state, or federal governmental agency for a 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 a 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: 4 A "brief description" includes any decision making capacity within the organization, salaried employment, status as a founding member, and honorary or advisory board positions. Regulation 18424(a). 5 Sutton Advice Letter, No. A-05-256, 2005 WL 3693740 (2005). 6 Stoen Advice Letter, No. A-03-185, 2004 WL 334564 (2004) (district attorney's expenses in suing a private company when governing body withdrew funding for effort). 7 Gallegos Advice Letter, No. A-00-059, 2000 WL 311529 (2000). 8 Gallegos Advice Letter, No. A-98-192, 1998 WL 671296 (1998). 9 Schmidt Advice Letter, No. A-96-098, 1996 WL 779579 (1996). Summary of Principal Conflicts of Interest Laws and Regulations Page 4 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • 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 a donor of, a gift or gifts aggregating $520 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. § 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 newly 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: Summary of Principal Conflicts of Interest Laws and Regulations Page 5 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • 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"10 includes an individual who, pursuant to a contract with a state or local government agency, makes specific kinds of governmental decisions or serves in a staff capacity with the agency and either participates in governmental decisions or performs the same or substantially all of the same 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 (Note: In certain situations, this can include a parent,12 subsidiary,13 or otherwise related14 business entity.15) 10 For more on who constitutes a "consultant" subject to the Act, see, e.g., Ennis Advice Letter, FPPC No. A-15-006, 2015 WL 1781 144 (2015). 11 The FPPC has determined that membership in a country 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). 12 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 (b) (1). 13 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). 14 Business entities, other than a parent corporation, are "otherwise related" if (1) 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). 15 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 Summary of Principal Conflicts of Interest Laws and Regulations Page 6 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Any real property in which the public official has a direct or indirect interest worth at least $2,000.11 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 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 a "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 business entity.) • Any donor of gifts, or any intermediary or agent for a donor of gifts, amounting to at least $520 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-all" 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 or trust in which the official, or his or her agent(s), spouse, or dependent children, has at least a 10 percent ownership interest. Regulation 18700(c)(6)(F). 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 (c)-(d). 16 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 (2018). Summary of Principal Conflicts of Interest Laws and Regulations Page 7 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws 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 "explicitly 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," it 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. • Whether the public official should anticipate a financial effect on his or her financial interest as a potential outcome under normal circumstances when using appropriate due diligence and care. Summary of Principal Conflicts of Interest Laws and Regulations Page 8 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Whether the public official has a 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 a 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 a financial effect, however, the official must determine whether the effect is material. 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). Summary of Principal Conflicts of Interest Laws and Regulations Page 9 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations a. Business Entities Regulation 18702.1 provides that the reasonably foreseeable effect of a 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 is a named party in, or the subject of, the decision, including any decision in which the entity: • Initiates the proceeding by filing an application, claim, appeal, or other request for action concerning the entity with the official's agency; • Offers to sell a product or service to the official's agency; • Bids on or enters into a contract with the official's agency, or is identified as a subcontractor on a bid or contract with the agency; • Is the named or intended manufacturer or vendor of any products to be purchased by the official's agency with an aggregate cost of $1,000 or more in any 12-month period; • Applies for a permit, license, grant, tax credit, exception, variance, or other entitlement from the official's agency; • Is the subject of any inspection, action, or proceeding under the regulatory authority of the official's agency; or • Is otherwise subject to an action taken by the official's agency that is directed at the entity. The reasonably foreseeable effect of a decision on a business entity in which the official has an investment interest or holds an employment or management position is also material if any of the following criteria are met: • The decision may result in an increase or decrease of the entity's annual gross revenues, or the value of the entity's assets or liabilities, in an amount equal to or more than: ✓ $1,000,000; or ✓ Five percent of the entity's annual gross revenues and the increase or decrease is at least $10,000. • The decision may cause the entity to incur or avoid additional expenses or to reduce or eliminate expenses in an amount equal to or more than: ✓ $250,000; or ✓ One percent of the entity's annual gross revenues and the change in expenses is at least $2,500. Summary of Principal Conflicts of Interest Laws and Regulations Page 10 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • The official knows, or has reason to know, that the entity has an interest in real property and: ✓ The property is a named party in, or the subject of, the decision under Regulations 18701 (a) and 18702.2(a) (1) - (6); or ✓ There is clear and convincing evidence the decision would have a substantial effect on the property. There is also a "small shareholder" exception that allows officials to participate in decisions explicitly involving a business entity where the official's only interest in that business entity is an investment interest worth no more than $25,000. Regulation 18702.1(b). To qualify for this exception, the interest also must be less than one percent of the business entity's shares. However, meeting these thresholds does not automatically allow the official to participate in the decision. The official still must analyze the decision's potential effect on the business entity's annual gross revenues, assets and liabilities, expenses, and real property interests. Under this rule, even where an official has only a small investment in a business entity, the impact of a decision might be so significant that the official still has a conflict of interest. b. Real Property - Modified "500-Foot Rule" and Other Criteria The traditional "500-foot" rule has been replaced 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. 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 a 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; • 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 Summary of Principal Conflicts of Interest Laws and Regulations Page 1 1 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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: ✓ Development potential; ✓ 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 an 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 a 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 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: Summary of Principal Conflicts of Interest Laws and Regulations Page 12 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • 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 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 Summary of Principal Conflicts of Interest Laws and Regulations Page 13 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 or an official's spouse is material if: • The source is a named party in, or the subject of, the decision including a claimant, applicant, respondent, or contracting party; or • The decision will achieve, defeat, aid, or hinder a purpose or goal of the source and the official, or the official's spouse, receives or is promised the income for achieving the purpose or goal. This is known as the "Nexus" test. Regulation 18702.3(a)(1), 18702.3(b). In addition to these general standards, the regulations provide further guidance that separately analyzes a source of income depending on whether the source is an individual, non-profit organization, or business entity. If the source is an individual, a reasonably foreseeable financial effect on the source is material if: • The decision may affect the individual's income, investments, or other assets or liabilities (other than an interest in a business entity or real property) by $1,000 or more; • The official knows, or has reason to know, that the individual has an interest in a business entity that will be financially affected under the materiality standards in Regulation 18702.1; or • The official knows, or has reason to know, that the individual has an interest in real property, and either: ✓ The property is a named party in, or the subject of, the decision as defined in Regulations 18701 (a) and 18702.2(a) (1) - (6); or 17 The materiality standards for sources of income provided in this section do not apply where a government entity qualifies as a source of income, including where a public official is paid by the entity as a consultant or contractor. Regulation 18702.3(d). An official with an interest in a governmental entity is disqualified from taking part in a decision only if there is a unique effect on that official. Id. Summary of Principal Conflicts of Interest Laws and Regulations Page 14 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations ✓ There is clear and convincing evidence the decision would have a substantial effect on the property. If the source is a nonprofit organization, a reasonably foreseeable financial effect on the source is material if: • The decision may result in an increase or decrease of the organization's annual gross receipts, or the value of the organization's assets or liabilities, in an amount equal to or more than (1) $1,000,000, or (2) five percent of the organization's annual gross receipts and the increase or decrease is equal to or greater than $10,000; • The decision may cause the organization to incur or avoid additional expenses or to reduce or eliminate expenses in an amount equal to or more than (1) $250,000, or (2) one percent of the organization's annual gross receipts and the change in expenses is equal to or greater than $2,500; or • The official knows, or has reason to, know that the organization has an interest in real property and either: ✓ The property is a named party in, or the subject of, the decision under Regulations 18701 (a) and 18702.2(a) (1) - (6); or ✓ There is clear and convincing evidence the decision would have a substantial effect on the property. If the source is a business entity, a reasonably foreseeable financial effect on the source is material if that business entity 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). The regulation also includes additional provisions to help officials who receive income from retail sales of a business entity in determining when a retail customer becomes a source of income to the public official directly. § 87103.5. This regulatory provision, which is intended to replace prior Regulation 18707.5, provides that: • The retail customers of a business entity constitute a significant segment of the public generally if the business is open to the public, and provides goods or services to customers that comprise a broad base of persons representative of the jurisdiction; and • Income from an individual customer is not distinguishable from the amount of income received from other customers when the official is unable to recognize a 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: (1) the business is of the type that sales to any one customer will not have a significant impact on the business's annual net sales; or (2) the business has no records that distinguish customers by Summary of Principal Conflicts of Interest Laws and Regulations Page 15 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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(c). 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 or promising a public official with gifts valued at $520 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 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; • The source is a nonprofit organization that will be financially affected under the materiality standards applied to a nonprofit source of income interest in Regulation 18702.3 (see Sources of Income 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 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 the gift is an individual, a nonprofit, or a business entity. Summary of Principal Conflicts of Interest Laws and Regulations Page 16 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 decision may result in the official or the official's immediate family member receiving a financial benefit or loss of $500 or more in any 12-month period due to the decision. Regulation 18702.5(a). However, a financial effect is not considered material under Government Code Section 87103 if the decision would do any of the following: • Affect only the salary, per diem, or reimbursement for expenses of the public official, or a member of his or her immediate family receives from a federal, state, or local government agency unless the decision is to appoint (other than an appointing decision otherwise permitted under Regulation 18702.5), hire, fire, promote, demote, suspend without pay, or otherwise take disciplinary action with financial sanction against the official or a member of his or her immediate family, or to set a salary for the official or a member of his or her immediate family which is different from salaries paid to other employees of the government agency in the same job classification or position, or when the member of the public official's immediate family member is the only person in the job classification or position. • Appoint the official to be a member of any group or body created by law or formed by the official's agency for a special purpose. However, if the official will receive a stipend for attending meetings of the group or body aggregating $500 or more in any 12-month period, the effect on the official's personal finances is material unless the appointing body posts specified information on its website.111 • Appoint the official to be an officer of the governing body of which the official is already a member, such as a decision to appoint a city councilmember to be the city's mayor. • Establish or change the benefits or retirement plan of the official or the official's immediate family member, and the decision applies equally to all employees or retirees in the same bargaining unit or other representative group. • Result in the payment of any travel expenses incurred by the official or the official's immediate family member while attending a meeting as an authorized representative of an agency. 18 Specifically, the appointing body must post all of the following information on its website: (1) a list of each appointed position and its term; (2) the amount of the stipend for each appointed position; (3) the name of the official who has been appointed to the position; and (4) the name of any official who has been appointed to be an alternate for the position. Regulation 18702.5(b)(2). Summary of Principal Conflicts of Interest Laws and Regulations Page 17 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Permit the official's use of any government property, including automobiles or other modes of transportation, mobile communication devices, or other agency -provided equipment for carrying out the official's duties, including any nominal, incidental, negligible, or inconsequential personal use while on duty. • Result in the official's receipt of any personal reward from the official's use of a personal charge card or participation in any other membership rewards program, so long as the reward is associated with the official's approved travel expenses and is no different from the reward offered to the public. 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. Regulation 18702.5 clarifies that if a 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 on 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. Summary of Principal Conflicts of Interest Laws and Regulations Page 18 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations The FPPC has simplified the regulation to determine what constitutes a sufficiently "significant segment" of the public. Regulation 187O3(b). A significant segment of the public is: • At least 25 percent of any of the following: ✓ All businesses or nonprofit 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. • At least 15 percent of residential real property within the official's jurisdiction, if the official's only interest in a government decision is the official's primary residence. Regulation 187O3(b). 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 interests19 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 same 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 187O3(c). 19 Ownership of 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 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 where there is no unique effect on the official's interest if the official establishes: • The decision sets or adjusts the amounts of 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. However, the exception does not apply if the decision imposes assessments, taxes, or fees, determines the boundaries of a property, or determines who is subject to the assessments, taxes, or fees. Under this exception, these factors must already be determined. • 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, encompassing more than 50, or five percent of the residential real properties in the official's jurisdiction, 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 is limited to establishing, eliminating, amending, or otherwise affecting the rights or liabilities of tenants and owners of residential real property, including rent control or tenant protection matters. Officials may participate if: (1) the decision is applicable to all residential rental properties within the official's jurisdiction other than those excepted by the Costa -Hawkins Rental Housing Act; (2) the official owns three or fewer residential units; and (3) the only interests affected by the decision are the official's interest in residential real property as a landlord or the official's interest in a primary residence as owner or lessee. • The decision is made by a board or commission and the law that establishes the board or commission requires certain appointees have a Summary of Principal Conflicts of Interest Laws and Regulations Page 20 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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. • 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. • The decision affects a federal, state, or local governmental entity in which the official has an interest. Regulation 18703(e). 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 his/her 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).20 • A public official "participates in" a 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 20 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 interest. Summary of Principal Conflicts of Interest Laws and Regulations Page 21 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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). In addition, an official is not making, participating in making, or influencing a government decision when the official appears before the public agency as a 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 Summary of Principal Conflicts of Interest Laws and Regulations Page 22 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 a 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 (iii) 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. Public officials may not avoid disclosure through partial absences and must disclose financial interests either immediately prior to consideration of an item or if the official arrives after consideration, immediately after the official joins the meeting. 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 same procedure, but the FPPC has now prescribed specific rules for those public officials. Regulation 18707(b). Summary of Principal Conflicts of Interest Laws and Regulations Page 23 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 a 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). 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(a) (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 same 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 on 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 updated regulations providing for streamlined administrative enforcement procedures and specific penalties for various types of violations. Regulations 18360, 18360.1, 18360.2, 18360.3. 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), 9101 1(b). The statute of limitations for administrative actions brought by the FPPC is five years from the date of the violation. § 91000.5. Summary of Principal Conflicts of Interest Laws and Regulations Page 24 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 if 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 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 a member of the body or board that approves the contract from directly contracting with that same 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. Water Dist., 69 Cal. App. 4th 508, 513 (1999); see also Fraser-Yamor Agency, Inc. v. County of Del Norte, 68 Summary of Principal Conflicts of Interest Laws and Regulations Page 25 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Cal. App. 3d 201 (1977); People v. Vallerga, 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); Campagna v. City of Sanger, 42 Cal. App. 4th 533 (1996); 67 Ops. 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 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-Yamor 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. 1. 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. a. 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, a 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 2018, the Attorney General concluded that a California charter school's governing body is also subject to Section 1090. 101 Ops. Cal. Atty. Gen. 92. 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. Hanover/California Management and Accounting Center, Inc., 148 Cal. App. 4th 682, 691 (2007); see also, Summary of Principal Conflicts of Interest Laws and Regulations Page 26 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Hub City Solid Waste Services, Inc. v. City of Compton, 186 Cal. App. 4th 1114, 1 124- 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. Davis v. Fresno Unified School District, 237 Cal. App. 4th 261 (2015); McGee v. Balfour Beatty Construction, LLC, 247 Cal. App. 4th 235, 261 (2016). In 2019, the California Court of Appeal clarified that a consultant's mere provision of services to a public agency does not create a per se conflict of interest precluding future contracts, if, in the initial transaction, the consultant was not entrusted with acting on behalf of the public agency. California Taxpayers Action Network v. Tabor Construction, Inc., 42 Cal. App. 5th 824 (2019). 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. 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. Call, 38 Cal. 3d 633 (1985). The courts have also interpreted "financially interested" as including indirect financial interests in a 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. Fraser- Yamor Agency, 68 Cal. App. 3d 201 (1977); Finnegan v. Schrader, 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 a 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 Summary of Principal Conflicts of Interest Laws and Regulations Page 27 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 same broad reading of "indirect interests." In People v. Vallerga, 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 same 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 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 loyalties 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. Summary of Principal Conflicts of Interest Laws and Regulations Page 28 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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.21 In light of subsequent FPPC advice letters, however, there is continued uncertainty regarding the application and interpretation of the court's holding in Eden Township.22 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. Att'y Gen. 230 (1995)); 82 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 a 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 a 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 Ass'n 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 a part of the making of an agreement in the broad sense. [Citation omitted.] Thus, the 21 See also, Ansolabehere Advice Letter, FPPC No. A-15-180, 2015 WL 9680325 (2015); Devaney Advice Letter, FPPC No. A-15-213, 2015 WL 7252462 (2015); 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 (2016). 22 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 (2016). Summary of Principal Conflicts of Interest Laws and Regulations Page 29 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations final execution of a contract, which is the time when the contract is technically made, is not the only time when a conflict of interest may be presented." 80 Cal. App. 3d at 212. Similarly, in Stigall v. City of Taft, 58 Cal. 2d 565, 569-70 (1962), the California Supreme Court held that an 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). 2. Exceptions to Section 1090 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 a 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)). 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 Summary of Principal Conflicts of Interest Laws and Regulations Page 30 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations attempt to influence any other member of the body or board of which they are members to enter into the contract. b. "Non -Interest" Exception 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 (a) (9)); • Non -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)(6)); • Non -interest exception for a non -compensated officer of a nonprofit 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 nonprofit corporation (Section 1091.5 (a)(7)); • Non -interest exception involving the receipt of public services on the same terms as would be provided if the officer were not a member of the governmental body or board (Section 1091.5(a) (3)); and • 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 water districts, water storage districts, or reclamation districts. Summary of Principal Conflicts of Interest Laws and Regulations Page 31 © 2022 Richards, Watson & Gershon 2622346 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, it is important to note the extreme consequences of a 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. Chacon, 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). Opinions or advice must be requested prior to any action being taken, as the FPPC cannot issue options or advice based on past conduct. § 1097.1(c)(2). Such advice is admissible as evidence of good faith conduct by the requester if the requester truthfully Summary of Principal Conflicts of Interest Laws and Regulations Page 32 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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). 6. 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 Ops. 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 1152 (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 © 2022 Richards, Watson & Gershon 2622346 Summary 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. 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 Ops. Cal. Att'y Gen. 382, 384 (1983); 64 Ops. 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." Summary of Principal Conflicts of Interest Laws and Regulations Page 34 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 16 Cal. 2d at 640 (citation omitted). 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. Cal. 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). • School district trustee and council member. 73 Ops. Cal. Att'y Gen. 354 (1990) . • 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 35 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of 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 (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 possibly local ordinances may expressly provide for the simultaneous holding of particular offices and that result would not be precluded by Section 1099.23 Section 1099 does not apply if one of the positions is a mere position of 23 See, e.g., People ex rel. Lacey v. Robles, 2020 WL 467582 (2020), which held that Section 1099's exception to the rule against holding incompatible offices if "simultaneous holding of the particular offices is compelled or expressly authorized by law" did not apply to an official serving as a mayor and a member of the board of directors for a water replenishment district, despite the fact that the city council and the water replenishment district adopted an ordinance and resolution, respectively, authorizing the official to simultaneously hold both offices. The court reasoned that (1) the Legislature's reference to "law" is "best understood as a reference to state, not local, law"; and (2) even if the reference to "law" could be understood to allow local jurisdictions to deem offices compatible notwithstanding a possible conflict in duties or loyalties, the water replenishment district lacked the authority to authorize its board members to hold incompatible offices. Summary of Principal Conflicts of Interest Laws and Regulations Page 36 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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). B. Incompatible Outside Activities Government Code Section 1 126(a) provides, in relevant part: "[A] 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 a private business, and to permit an attorney employed by a local agency in a non -elective 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 1126 provides only authorization to implement standards for incompatibility pursuant to paragraph (b) of Section 1126. The court ruled that the restrictions of Section 1126 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 1126 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). Summary of Principal Conflicts of Interest Laws and Regulations Page 37 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 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 a 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 an 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 Summary of Principal Conflicts of Interest Laws and Regulations Page 38 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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. 3. City Councils are the Code Reviewing Bodies for the Successor Agency's Conflict of Interest Code Section 82011 (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 a 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 whom any statement or report is required to be filed under this title. § 82027, Regulation 18115. In determining where Form 700s are to be filed for officials of a successor agency, the city council, as the code reviewing body, may designate 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, the 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, Regulations 18115, 181 15.1, 181 15.2. Summary of Principal Conflicts of Interest Laws and Regulations Page 39 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 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. City clerks should be mindful of the more explicit obligations now set forth in Regulations 18115, 18115.1, and 18115.2. 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 an office in this state; and the acceptance of a 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 airline's promotion of its new Los Angeles to London service. Despite the fact that the council Summary of Principal Conflicts of Interest Laws and Regulations Page 40 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 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 Ops. Cal. Atty. Gen. 81 (1984), 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 Summary of Principal Conflicts of Interest Laws and Regulations Page 41 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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." § 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. § 87406.3(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, a 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 cities 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. Hallner, 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. Strohl, 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 Summary of Principal Conflicts of Interest Laws and Regulations Page 42 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 criminal; merely offering to give or receive a bribe constitutes a violation of law. See, e.g., People v. Pic'I (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 an "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 Summary of Principal Conflicts of Interest Laws and Regulations Page 43 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 $520 or more in value 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 a 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 Ass'n, Inc. v. City Council, 26 Cal. 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. BreakZone 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 council 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 Summary of Principal Conflicts of Interest Laws and Regulations Page 44 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations illegally "laundered" through contributions made by residents of the city or which had been unreported and which constituted bribes. See United States v. Inzunza, 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 San Diego "Strip pergate" 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 U.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 campaign contributions may result in charges of bribery under California law and a 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 same 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 now is defined to include segments of the local agency population such as 25 percent of all individuals within an official's jurisdiction (Regulation 18703), 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 Summary of Principal Conflicts of Interest Laws and Regulations Page 45 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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.24 Currently, state law only prohibits such "extended family" interests for the governing boards of school districts. Educ. Code § 35107(e). Under that statute, a 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 violate 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 both 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. § 1 1057(a) (emphasis added). 24 Davies Advice Letter, No. 1-90-329, 1990 WL 698051 (1990). Summary of Principal Conflicts of Interest Laws and Regulations Page 46 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 © 2022 Richards, Watson & Gershon 2622346 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 do 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 [$520]." (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 $520 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, 2021, wherein the gift limit increased to $520. 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 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 3. Exceptions to Gifts None of the following is a 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 on -site 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, a 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 individual's family member is not considered a gift 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 step -child, 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 considered gifts. Regulation 18942(a)(4). e. Inherited Money or Property Devises or inheritances of any kind are not considered gifts. Regulation 18942(a) (5). L 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 © 2022 Richards, Watson & Gershon 2622346 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 official's 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 it 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 leased 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). L 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 $520. Regulation 18942(a) (8) (B). Summary of Principal Conflicts of Interest Laws and Regulations Page 50 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 same 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 official makes a "speech" at the event. Regulation 18942(a)(11). 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(a) (1 1). 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. Ticket for Ceremonial Role A ticket which is provided to an official and one guest of the official for his or her admission to an 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 an event by the official as a representative of the official's agency at 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 policies Summary of Principal Conflicts of Interest Laws and Regulations Page 51 © 2022 Richards, Watson & Gershon 2622346 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 Competition 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 same as the benefits received by the other guests attending the event. Regulation 18942 (a) (15). q. Bereavement Offerings 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 a gift. Examples of such services include the loan of an item, an occasional needed ride, personal assistance in making a repair, bringing in the mail 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 Dating Relationship 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 $520 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 © 2022 Richards, Watson & Gershon 2622346 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 a 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 © 2022 Richards, Watson & Gershon 2622346 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 it 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 same 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 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major 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 a 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 nonprofit or political fundraiser as set forth in Regulation 18946.4, the value received is the official's and the guest's pro-rata 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). a. 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-rata cost of Summary of Principal Conflicts of Interest Laws and Regulations Page 55 © 2022 Richards, Watson & Gershon 2622346 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 on whether the organization is a 501(c) (3) nonprofit, a non-501(c) (3) nonprofit, or a political organization. a. Non-501(c)(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 © 2022 Richards, Watson & Gershon 2622346 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-rata 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-rata 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) Religious, 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 a "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 or Passes to Events Given to Officials by their Agency a. Gift Exception FPPC Regulation 18944.1 provides that a ticket or pass to an event or function provided to an official by his or her agency and distributed and used in accordance with a written policy adopted by the agency is not a gift under the Political Reform Act if: (1) the ticket or pass is not earmarked by an outside source for use by a specific agency official; (2) the agency determines, in its sole discretion, who uses the ticket or pass; (3) the distribution of the ticket or pass is reported on Form 802 as described below; and (4) the distribution of the ticket or pass by the agency is made in accordance with a written policy adopted by the agency that meets all of the requirements as described below. Regulation 18944.1 (a). Summary of Principal Conflicts of Interest Laws and Regulations Page 57 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Application: FPPC Regulation 18944.1 applies only to the benefits the official receives from a ticket or pass to an event or function that are provided to all members of the public with the same class of ticket or pass, when the ticket or pass is provided by an agency to an official of the agency, or at the behest of an agency official. The regulation does not apply to: (1) an admission to an event or function in which the official performs a ceremonial role; or, (2) admission provided to a school, college or university district official, coach, athletic director or employee to attend an amateur event performed by students, which are neither gifts nor income. Regulation 18944.1 (f). b. Written Policv for Distribution of Tickets. • Policy Requirements: The distribution of tickets and passes described above must be made pursuant to a written policy duly adopted by the agency's legislative or governing body that must contain the following: (1) a provision setting forth the public purposes of the agency for which tickets or passes may be distributed; (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; (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 solely for their attendance at the event; and (4) a provision prohibiting the disproportionate use of tickets or passes by a member of the governing body, chief administrative officer, political appointee, or department head. Regulation 18944.1 (b). • Public Purpose: 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. Tickets or passes given to officials (other than a member of the governing body, chief administrative officer, political appointee or department head) to support general employee morale, retention or to reward public service is deemed to have a public purpose. Regulation 18944.1 (e). • Public Record: The policy must be maintained as a public record, subject to inspection and copying. The agency must post the policy on the agency website within 30 days of adoption or amendment and send to the FPPC, by email, the agency's website link that displays the policy for posting on the FPPC's website. Regulation 18944.1(c). C. Form 802 for Reporting Distribution of Tickets and Passes. Within 45 days of distributing 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 description and date of the event, (3) the fair value of each ticket or pass, (4) the number of tickets or passes distributed to the official, (5) if the ticket or pass is behested, Summary of Principal Conflicts of Interest Laws and Regulations Page 58 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations the name of the official who behested the ticket, (6) if the official gave the ticket or pass to another person (limited to an immediate family member or no more than one guest), the name of that person, (7) the specific public purpose under which the distribution was made, and (8) a written inspection report of findings and recommendations by the official who received the ticket or pass if it was received for the oversight or inspection of facilities. 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 email, the agency's website link for posting on the FPPC's website. Regulation 18944.1(d). d. Other Exceptions. • Reimbursement. The ticket or pass is not considered a gift if the official reimburses the agency for the ticket within 30 days of receipt. Regulation 18944.1(h). • Treated as Income. The ticket or pass is not considered a gift if the official treats the ticket or pass as taxable income. Regulation 18944.1(g). 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 a nominal value to an official in that agency is a gift to that official, unless the payment is a "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 $520. 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 define a "payment for travel" as "any payment that provides transportation to an official from one location to Summary of Principal Conflicts of Interest Laws and Regulations Page 59 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations another location as well as a payment for 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 same class seat on the flight provided to the official in the case of a commercial flight. The value of all 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. Exceptions for certain gifts of travel are found in both the Act and the FPPC regulations, which are discussed below. 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, or 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 given 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 Governmental Purpose Made by Government 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,25 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 $520 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). 25 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 in 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 tours, 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 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations C. Travel for Education, Training, or Intra-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 Plane Owned by Another Official or Agency 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 same 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). e. Travel Made in Conjunction with Official Agency Business Regulation 18950.1 provides an exception for travel payments that do not confer a personal benefit on an official, when made by sources other than local, state, or federal agencies, are for the purpose of facilitating the public's business, and are therefore not gifts or income because the payment is made for an official agency purpose in lieu of using agency funds. This exemption applies only to travel payments that meet all of the following requirements: (1) The payment is made directly to or coordinated with the government employer and not made to the employee using the travel; (2) The payment is used for official agency business; (3) The government employer determines which official will use the payment for travel; (4) The payment provides no personal benefit to the official who uses the payment; (5) The duration of travel is limited to that necessary to accomplish the purposes for which the travel was provided; and (6) The government employer reports the payment, as specified below. The first requirement above - that the payment is made directly to or coordinated with the government employer - is satisfied if the payment is made directly to the government employer or by arranging with the government employer any payments for transportation and lodging that are made directly to the provider of those services. Food may be accepted for attendance at an event where food is provided as part of the admission to the event. All other payments for food must be made to the government employer pursuant to the employer's per diem travel policy. Regulation 18950.1(b). Summary of Principal Conflicts of Interest Laws and Regulations Page 61 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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; • 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. Regulation 18950.1 (c). The third requirement is satisfied if the governmental employer selects the official who will make use of the payment. However, if the payment is for expenses related to an oral presentation to either provide training on a subject on which the governmental employer provides training, or discuss policy and direction in implementing the Summary of Principal Conflicts of Interest Laws and Regulations Page 62 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations functions of the governmental employer, the donor may request the official who is most qualified to make the presentation. Regulation 18950.1(d). 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; and • 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. Regulation 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 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, and posted on the agency's website, if it has one. f. Travel in Connection with Bona Fide Business The FPPC regulations reiterate the general rule in Government Code Section 89506(d) (3), whereby a payment for transportation, lodging, or food, 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 Campaign 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 Summary of Principal Conflicts of Interest Laws and Regulations Page 63 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations official by or at the behest of a 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. Regulation 18950.3(b). Any other payment for travel from a committee to an official that is not covered by Regulation 18950.3(a) and (b) described above is considered income or a gift. Regulation 18950.3. 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" means 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 personal 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). Summary of Principal Conflicts of Interest Laws and Regulations Page 64 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations d. Campaign Contributions "Honorarium" does not include a campaign contribution that is required to be reported. Regulation 18932.4(c). e. Personalized Plaque or Trophy "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 Giffs 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 Summary of Principal Conflicts of Interest Laws and Regulations Page 65 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations addition, elected officials and other city officials specified in Section 87200 may not receive a 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). 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 loan 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 Summary of Principal Conflicts of Interest Laws and Regulations Page 66 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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. 5. Exceptions - Loans that Do Not Become Gifts The following loans will not become gifts to an official: • 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 on reasonable business considerations.) • 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 67 © 2022 Richards, Watson & Gershon 2622346 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, 89002.21 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; and 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. 26 Section 89002 incorporates Regulation 18901 into the statutory language to clarify the circumstances when a mailing would be prohibited by the general rule in Section 89001 and to identify certain situations when the prohibition would not apply. The FPPC has repealed Regulation 18901 now that the statute includes the same text. Summary of Principal Conflicts of Interest Laws and Regulations Page 68 © 2022 Richards, Watson & Gershon 2622346 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 item 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 elected 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 a committee, or who has supervisory control over the agency or appoints one or more members of the agency." § 89002(c)(1). 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 Laws and Regulations Page 69 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws 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 "[m]ore 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 same 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 take 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). Under 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, intra-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 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal 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 Comm'n, 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, a 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, the 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 © 2022 Richards, Watson & Gershon 2622346 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 O") 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. 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 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 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 O 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 O 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 Summary of Principal Conflicts of Interest Laws and Regulations Page 72 © 2022 Richards, Watson & Gershon 2622346 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 tax in 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 Stanson 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 on 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 a 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 © 2022 Richards, Watson & Gershon 2622346 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 mailings: (1) an agency report providing the agency's internal evaluation of a measure sent to a 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 74 © 2022 Richards, Watson & Gershon 2622346 Summary of the Major Provisions and Requirements of Principal 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 a 'public 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 Cal. 298, 302 (1941). "If it is for a public purpose within the jurisdiction of the appropriating board or body, it is not, generally speaking, to be regarded as a gift." Id. As the California Court of Appeal explained in Board of Supervisors v. Dolan, "[i]t is settled that if a 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 © 2022 Richards, Watson & Gershon 2622346 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 starting 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 a 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 his or her 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 © 2022 Richards, Watson & Gershon 2622346 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, the Central Coast, and Sacramento 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 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 Solid Waste Stormwater Compliance Water Rights & Water Law SECTION 8 r*+4 Brown Act n HANDBOOK rIqSummary 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. Brown Act ) Updated including changes effective January 1, 2022 Table of Contents INTRODUCTION...............................................................................................................................................iii PART ONE: SUMMARY OF THE MAJOR PROVISIONS AND REQUIREMENTS OF THE RALPH M. BROWNACT......................................................................................................................................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 A. Permitted Locations of Meetings.....................................................................................4 B. Teleconferencing................................................................................................................4 1) Background on the COVID-19 pandemic.......................................................5 V. ADA COMPLIANCE...........................................................................................................................6 VI. SIMULTANEOUS OR SUCCESSIVE MEETINGS..................................................................................7 VII. SERIAL MEETINGS...............................................................................................................................8 A. Contacts with Staff.............................................................................................................9 B. Contacts with Constituents, Developers and Lobbyists............................................10 C. Contacts with Fellow Members of the Same Legislative Body ................................ l 1 D. Contacts on Social Media..............................................................................................1 1 Vill. NOTICE, AGENDA AND REPORTING REQUIREMENTS................................................................12 A. Time of Notice and Content of Agenda......................................................................12 B. Action and Discussion on Non -agenda Items.............................................................15 C. Reporting of Actions.........................................................................................................16 IX. PUBLIC PARTICIPATION...................................................................................................................16 A. Regular Meetings..............................................................................................................16 B. Public Comments at Special Meetings........................................................................17 C. Limitations on the Length and Content of Public Comments.................................18 D. Additional Rights of the Public.......................................................................................18 X. CLOSED SESSIONS...........................................................................................................................20 XI. ENFORCEMENT................................................................................................................................21 Ralph M. Brown Act Page i © 2022 Richards, Watson & Gershon 2619596 XII. CONCLUSION..................................................................................................................................23 PART TWO: THE RALPH M. BROWN ACT...................................................................................................24 Ralph M. Brown Act Page ii © 2022 Richards, Watson & Gershon 2619596 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 iii © 2022 Richards, Watson & Gershon 2619596 PART ONE: SUMMARY OF THE MAJOR PROVISIONS AND REQUIREMENTS OF THE RALPH M. BROWN ACT /1RWG LAW Ralph M. Brown Act © 2022 Richards, Watson & Gershon 2619596 Page 1 Summary of the Major Provisions and Requirements of the Ralph M. Brown 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 Handbook 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. § 54954(a). 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 in Section VIII of this Handbook. Ralph M. Brown Act Page 2 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act The governing boards of some private corporations, 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). Additionally, charter schools and entities managing charter schools may also be subject to the Brown Act. Educ. Code, § 47604.1 (b) (1). 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 in § 54952.2(a), and encompasses almost every gathering of a majority of legislative body members, including: "[A]ny congregation of a majority of the members of a legislative body at the same time and location, including a teleconference, . . . 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 same room listening to a discussion of local agency business, they will Ralph M. Brown Act Page 3 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act be participating in a meeting within the meaning of the Brown Act that requires notice, an agenda, and a period for public comment. A. The Individual Contact Exception Conversations, whether in person, by telephone, video conferencing, 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 also makes a series of individual contacts with other members of the legislative body, and communications with these other members are used to "discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body." § 54952.2(a). 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 of 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 other 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). Ralph M. Brown Act Page 4 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act 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. 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 at 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 a majority of the legislative 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 legislative 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 A. Permitted Locations of Meetings 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. B. Teleconferencing The role of "teleconferencing," or using telephonic and/or video technology in public meetings has expanded significantly during the COVID-19 pandemic. Because the Brown Act relies on physical, in -person meetings as the primary means to achieve its goals of public participation and transparency, the law has traditionally limited a local agency's ability to use teleconferencing to hold public meetings. Ralph M. Brown Act Page 5 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act Generally, teleconferencing may only be used by members of a legislative body as a way to participate fully in the meeting from remote locations. § 54953(b). If one or more members participate in a meeting via teleconferencing, the following requirements apply to that meeting: (1) 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. These 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. However, on September 16, 2021, Governor Newsom signed AB 361, new legislation that amends the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. § 54953 AB 361 builds upon Executive Order ("EO") N-29-20, issued by the Governor on March 17, 2020, which relaxed the teleconferencing requirements of the Brown Act to facilitate virtual meetings during the COVID-19 declared emergency. AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act's standard teleconferencing provisions, including the requirement that meetings be conducted in physical locations, if the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies: (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the agency has already determined or is determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. § 54953(e) (1) (A)-(C) "State of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act. EO N-29-20, which expired September 30, 2021, required legislative bodies to make remote public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body, and to make reasonable efforts to adhere as closely as reasonably possible to the provisions of the Brown Act. AB 361 adds new procedures and clarifies the requirements for conducting remote meetings as follows: Public Comment Opportunities in Real Time: A legislative body that meets remotely pursuant to AB 361 must allow members of the public to access the meeting via a call -in option or an internet-based service option, and the agenda for the remote meeting must provide an opportunity for members of the public to directly address the body in real time. Although the agency may still ask for public comments to be submitted in advance, the agency cannot require public comments to be submitted in advance of the meeting. § 54953(e) (2) (E). Ralph M. Brown Act Page 6 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act Agencies may not close a public comment period until members of the public are given the opportunity to register and the time for that comment period has elapsed, whether it is for a specific agenda item or a general comment period. If an agency does not provide a timed public comment period, but takes public comment separately on each agenda item, it must allow a reasonable amount of time per agenda item to allow members of the public the opportunity to provide public comment, including time to register or "otherwise be recognized forthe purpose of providing public comment." § 54953(e)(2)(G)(ii). 2. No Action During Disruptions: In the event of a disruption that prevents the local agency from broadcasting the remote meeting, or in the event of a disruption within the local agency's control that prevents members of the public from offering public comments using the call -in option or internet-based service option, AB 361 prohibits the legislative body from taking any further action on items appearing on the meeting agenda until public access to the meeting via the call - in or internet-based options is restored. § 54953 (e) (2) (D). 3. Periodic Findings: To continue meeting remotely pursuant to AB 361, an agency must make periodic findings that: (1) the body has reconsidered the circumstances of the declared emergency; and (2) the emergency impacts the ability of the body's members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing. § 54953(e)(3). These findings should be made not later than 30 days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter. We recommend that after the agency makes these findings for the first time, it place on the agenda (as a placeholder) "reconsideration" of the findings every month thereafter. § 54953(f). AB 361 will sunset on January 1, 2024. Thus, so long as the conditions set forth above remain in place and a local agency complies with the conditions set forth above, it may hold remote meetings pursuant to AB 361. 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. However, local agencies must ensure that remote meetings are conducted in a manner that allows persons with a disability to participate to the fullest extent possible. Additionally, 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. Ralph M. Brown Act Page 7 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act 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 a clerk or a member of the convened legislative body announces the following prior to 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 the compensation or stipend that 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). A serial 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 same time. For example, an email response concerning an agency's business circulating among a majority of the members of the legislative body, such as "reply to all," could be considered a serial meeting. A serial meeting typically occurs in one of two ways. The first is when a staff member, a legislative body member or some other person individually contacts a majority of legislative body members and shares ideas among the majority (e.g., "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 legislative body has discussed or deliberated or has taken action on the item of business. Ralph M. Brown Act Page 8 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act 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). Social media interactions between or among members of a legislative body can also raise serial meeting concerns. However, the prohibition against serial meetings does not prevent communication between members of a legislative body and members of the public on internet-based social media platforms to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that: (i) a majority of the members of the legislative body do not use the social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body, and (ii) members of the legislative body do not respond directly to any communication on a social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. § 54952.2(b) (3). 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. Ralph M. Brown Act Page 9 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act • 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. • 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 a majority of the legislative body. B. Contacts with Constituents, Developers and Lobbyists A constituent, developer or lobbyist can also inadvertently become an intermediary among a majority of members of a legislative body thereby creating an illegal serial meeting in violation of the Brown Act. Such person's 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 a matter prior to the meeting. For example: "State law prevents me from giving you a commitment outside a 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 same legislative body - whether through face-to-face or telephonic conversations, notes, letters, online exchanges, email 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 Ralph M. Brown Act Page 10 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act 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 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. D. Contacts on Social Media Social media engagement can also inadvertently lead to concerns of creating an illegal serial meeting in violation of the Brown Act. The Brown Act was previously silent regarding social media and its use by members of a legislative body, leading to uncertainty as to whether certain uses of social media could result in unintended violations of the Brown Act. Assembly Bill 992, passed in 2020 and effective January 1, 2021, amended certain provisions of the Brown Act until January 1, 2026 to clarify allowable uses of social media under the Act. A member of a legislative body may engage in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body. However, a majority of the members of the legislative body cannot use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. Further, a member of the legislative body is prohibited from responding directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. § 54952.2(b) (3) (A). Unlike other serial meeting restrictions that are invoked when there are contacts of a majority of the legislative body, this provision is triggered when there is interaction between as little as two members of a body. For purposes of these provisions, such interaction includes commenting or using digital icons that express reactions to communications made by other members of the legislative body. § 54952.2(b) (3) (B) (i). Thus, it is now clear that "liking" a post or using a digital icon is considered a discussion under the Brown Act. Therefore, to avoid violations arising from social media engagement, members of a legislative body should avoid interacting on social media platforms with any other members of their legislative body regarding matters within the subject matter jurisdiction of the legislative body. 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 Ralph M. Brown Act Page 1 1 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act 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. Generally, 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 will not 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 SD Malkin Properties Inc. to guarantee development and use of the 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 Transient 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 Ralph M. Brown Act Page 12 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act 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, while 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 a 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 MOU from the agenda description because the omission meant that the plaintiff was given no notice of the item of business. Furthermore, agendas should make clear whether items may be acted on or whether they are informational only. Thus, if an agenda for a meeting states that the legislative body will only "discuss" an item, the legislative body may not take an "action" on that item. 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 its meeting. 99 Ops. Cal. Atty. 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" Ralph M. Brown Act Page 13 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act (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, email 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(b)(3). The Brown Act requires local agencies to mail the agenda or the full agenda packet to any person making a written request no later than the time the agenda is posted or is delivered to the members of the body, whichever is earlier. Additionally, a local agency with an internet website must send a website link to or a copy of the agenda or the full agenda packet by email, if a person requests that the documents be sent by email. 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 requestor to receive the agenda does not constitute grounds to invalidate any action taken at a meeting. § 54954.1. 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 Ralph M. Brown Act Page 14 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act 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 an 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 a 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 these exceptions carefully and construe them narrowly to avoid tainting an important and complex action by a non-agendized discussion of the 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 Ralph M. Brown Act Page 15 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act 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 same 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). Also, although not required under the Brown Acts, local agencies may consider reading written comments received into the public record by the city clerk, or his or her designee, subject to reasonable time and content limitations imposed in accordance with the requirements outlined in Section C (titled Limitations on the Length and Content of Public Comments) below. Some local agencies accomplish both requirements by placing a 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 public 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 sometimes referred to as the "committee exception" -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 legislative body is different from Ralph M. Brown Act Page 16 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act 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 consideration 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. Additionally, unlike regular meetings, the exception to the requirement for public comment opportunity for items already considered by a committee (i.e., the "committee exception") does not apply to special meetings. Preven v. City of Los Angeles, 32 Cal. App. 5th 925, 936 (2019). 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 Ralph M. Brown Act Page 17 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act 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. 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 a 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 audiotape 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 at the meeting. If it is distributed during the meeting by a 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 on 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 a public office or location for inspection of physical copies of the documents. Ralph M. Brown Act Page 18 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act 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 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 footer 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 Website at [WEBSITE ADDRESS]. During the COVID-19 pandemic, agencies should make these documents available online to the greatest extent possible, especially when public buildings or facilities are temporarily closed to public access. • On the [AGENCY'S] Website, 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 Website. • 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. Ralph M. Brown Act Page 19 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act 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. The Brown Act requires that closed session business be described on the public agenda. For a litigation threat against a city made outside an open and public meeting to be discussed in closed session it must be included in the agenda packet made available upon request before open meeting. Fowler v. City of Lafayette, 46 Cal. App. 5th 360, 370 (2020), as modified on denial of reh'g (Mar. 11, 2020), review denied (July 22, 2020). Moreover, there is a "safe harbor" for using prescribed language to describe closed session items on an agenda in that legal challenges to the adequacy of the description are precluded when such language is used. § 54954.5. This so-called "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 Water 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 Ralph M. Brown Act Page 20 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act a negotiator or negotiators, such as two members of a five -member 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. The procedures for claiming there was a 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 or desires 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 and 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 Ralph M. Brown Act Page 21 © 2022 Richards, Watson & Gershon 2619596 Summary of the Major Provisions of the Ralph M. Brown Act 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 filing an action in connection with an unconditional commitment. § 54960.2. Note that even where a plaintiff can satisfy the threshold procedural requirements, a Brown Act violation will not automatically invalidate the action taken by the legislative body absent a showing that the violation caused prejudice. Mortis Camp Cmty. Assn v. Cty. of Placer, 53 Cal. App. 5th 569, 592 (2020). 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. 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 22 © 2022 Richards, Watson & Gershon 2619596 PART TWO: THE RALPH M. BROWN ACT Updated including changes effective January 1, 2022 Ralph M. Brown Act Page 23 © 2022 Richards, Watson & Gershon 2619596 Text of the Ralph 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 24 2619596 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 a full -voting member by the legislative body of the local 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 same 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 Ralph M. Brown Act Page 25 2619596 Text of the Ralph M. Brown Act of the legislative body the comments or position of any other member or members of the legislative body. (3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. (B) For purposes of this paragraph, all of the following definitions shall apply: (i) "Discuss among themselves" means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body. (ii) "Internet -based social media platform" means an online service that is open and accessible to the public. (iii) "Open and accessible to the public" means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval of the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules. (c) Nothing in this section shall impose the requirements of this chapter upon any of the following: (1) 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. Ralph M. Brown Act Page 26 2619596 Text of the Ralph M. Brown Act (3) The attendance of a majority of the members of 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 do 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 an 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. (d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed. 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 or in serial order, only if a clerk or a member of the convened legislative body verbally announces, prior to convening any simultaneous or serial order meeting of that subsequent legislative 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 a meeting for which each member is entitled to collect compensation or a stipend. However, the clerk or 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 member's official duties, including, but not limited to, reimbursement of expenses relating to travel, meals, and lodging. Ralph M. Brown Act Page 27 2619596 Text of the Ralph M. Brown Act 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 a 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 a 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 a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable 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 roll call. (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 legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). 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. Ralph M. Brown Act Page 28 2619596 Text of the Ralph M. Brown Act (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. (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 a 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. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances: Ralph M. Brown Act Page 29 2619596 Text of the Ralph M. Brown Act (A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following: (A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call -in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call -in option or internet- based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call -in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call -in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be Ralph M. Brown Act Page 30 2619596 Text of the Ralph M. Brown Act construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third -party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote: emergency. (A) The legislative body has reconsidered the circumstances of the state of (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). Ralph M. Brown Act Page 31 2619596 Text of the Ralph M. Brown Act (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. 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 a legislative body of a local agency, to register his or her name, to provide other information, to complete a 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 Division 7 of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30 days after the recording. Any inspection of an audio or video recording shall be provided without charge on equipment made available by the local agency. Ralph M. Brown Act Page 32 2619596 Text of the Ralph M. Brown Act 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. (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. Ralph M. Brown Act Page 33 2619596 Text of the Ralph M. Brown Act (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 held 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 non -adversarial 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.L 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 a legislative body be mailed to that person. If a local agency has an internet website, the legislative body or its designee shall email a copy of, or website link to, the agenda or a copy of all the documents constituting the agenda packet if the person requests that the item or items be delivered by email. If the local agency determines it is technologically infeasible to send a copy of all documents constituting the agenda packet or a link to a website that contains the documents by email or by other electronic means, the legislative body or its designee shall send by mail a copy of the agenda or a website link to the agenda and mail a copy of all other documents constituting the agenda packet in accordance with the mailing Ralph M. Brown Act Page 34 2619596 Text of the Ralph M. Brown Act requirements established pursuant to this section. 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 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 valid for the calendar year in which it is filed, and must be renewed following January 1 of each year. The legislative body may establish a 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 Website, 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 Website, the following provisions shall apply: (A) An online posting of an agenda shall be posted on the primary Internet Website 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: Ralph M. Brown Act Page 35 2619596 Text of the Ralph M. Brown Act (i) Retrievable, downloadable, indexable and electronically searchable by commonly used Internet search applications. (ii) Platform independent and machine readable. (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 Website 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 Website 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 Website 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 (g)• (D) For the purposes of this paragraph, both of the following definitions shall apply: (i) "Integrated agenda management platform" means an Internet Website 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 district or political subdivision established by the state to the public. (ii) "Legislative body" has the same meaning as that term is used in subdivision (a) of Section 54952. Ralph M. Brown Act Page 36 2619596 Text of the Ralph M. Brown Act (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. (3) No 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 rights 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 information, request staff to report back to the body at a 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. (1) 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 Website, 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 Ralph M. Brown Act Page 37 2619596 Text of the Ralph M. Brown Act 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, 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 exclusively 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 local 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 same 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 Ralph M. Brown Act Page 38 2619596 Text of the Ralph M. Brown Act 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 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.) Ralph M. Brown Act Page 39 2619596 Text of the Ralph M. Brown Act 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: 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) Ralph M. Brown Act Page ao 2619596 Text of the Ralph M. Brown Act PUBLIC EMPLOYEE APPOINTMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYEE PERFORMANCE EVALUATION 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 Ralph M. Brown Act Page 41 2619596 Text of the Ralph M. Brown Act Discussion will concern: (Specify whether discussion will concern proposed new service, program or facility) Estimated date of public disclosure: (Specify month and year) HEARINGS 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 legislative 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 following: Ralph M. Brown Act Page 42 2619596 Text of the Ralph M. Brown Act (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. (C) An ongoing annual assessment if it is imposed at the same or lower amount as any previous year. (D) An assessment that does not exceed an 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 agency 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 of the public hearing at which the legislative body proposes to enact or increase the general tax or assessment. The legislative body shall provide notice for the public meeting at the same time and in the same document as 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 advertisement 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 of 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. Ralph M. Brown Act Page 43 2619596 Text of the Ralph M. Brown Act (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). (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 a proposal for a 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 10-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 roll, 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. (D) The telephone number and address of an individual, office or organization that interested persons may contact to receive additional information about the assessment. Ralph M. Brown Act Page 44 2619596 Text of the Ralph M. Brown Act (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 an 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 (D) of paragraph (1) of subdivision (a) if applicable and that is noticed pursuant to this section. (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 decision making 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. (f) 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 Ralph M. Brown Act Page 45 2619596 Text of the Ralph M. Brown Act 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 XIII 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 legislative body may declare the meeting adjourned to a stated time and place and he or she 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 re - continued 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 to a 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 Website (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 Website, 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 Ralph M. Brown Act Page 46 2619596 Text of the Ralph M. Brown Act 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 clerk 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 3511.1. 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 Website, 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 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. Ralph M. Brown Act Page 47 2619596 Text of the Ralph M. Brown Act (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 of the legislative body present, or, if less than two-thirds of the members are present, by a 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 a meeting called pursuant to this section, a list of person(s) who is 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 a 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 a license or license renewal, who has a 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 a 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 Ralph M. Brown Act Page 48 2619596 Text of the Ralph M. Brown Act 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. 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, a 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 rollcall 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 Ralph M. Brown Act Page 49 2619596 Text of the Ralph M. Brown Act 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 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 same 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 Ralph M. Brown Act Page 50 2619596 Text of the Ralph M. Brown Act of Managed Health Care 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. 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 or 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: (1) 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. Ralph M. Brown Act Page 51 2619596 Text of the Ralph M. Brown Act (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 810) of Title 1 of the Government Code) or some other written 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 on 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 a "party" or to have a "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 Ralph M. Brown Act Page 52 2619596 Text of the Ralph M. Brown Act 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 a closed session to discuss a claim for the payment of tort liability losses, public liability losses 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 session to discuss a claim for the payment of tort liability losses, public liability losses or workers' compensation liability incurred by the authority 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, Clean Power Alliance of Southern California; Authorization of designated alternate to attend 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 Division 7 of Title 1, from adopting a policy or a bylaw, or 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 local agency member 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 local agency member for purposes of obtaining advice on whether the matter has direct financial or liability implications for that local agency member. (B) Other members of the legislative body of the local agency present in a closed session of that local agency member. (2) Any designated alternate member of the legislative body of the joint powers agency who is also a member of the legislative body of a local agency member Ralph M. Brown Act Page 53 2619596 Text of the Ralph M. Brown Act 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) (1) In addition to the authority described in subdivision (a), the Clean Power Alliance of Southern California or its successor entity, may adopt a policy or a bylaw or include in its joint powers agreement a provision that authorizes both of the following: (A) A designated alternate member of the legislative body of the Clean Power Alliance of Southern California or its successor entity, who is not a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the Clean Power Alliance of Southern California or its successor entity, in lieu of a local agency member's regularly appointed member to attend closed sessions of the Clean Power Alliance of Southern California or its successor entity. (B) All information that is received by a designated alternate member of the legislative body of the Clean Power Alliance of Southern California or its successor entity, who is not a member of the legislative body of a local agency member and that is presented to the Clean Power Alliance of Southern California or its successor entity, in closed session, shall be confidential. However, the designated alternate member may disclose information obtained in a closed session that has direct financial or liability implications for the local agency member for which the designated alternate member attended the closed session, to the following individuals: (i) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct financial or liability implications for that local agency member. (ii) Members of the legislative body of the local agency present in a closed session of that local agency member. (2) If the Clean Power Alliance of Southern California or its successor entity, adopts a policy or bylaw or includes in its joint powers agreement a provision authorized pursuant to paragraph (1), the Clean Power Alliance of Southern California or its successor entity, shall establish policies to prevent conflicts of interest and to address breaches of confidentiality that apply to a designated alternate member who is not a member of the legislative body of a local agency member who attends a closed session of the Clean Power Alliance of Southern California or its successor entity. (c) 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) or (b), 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 and take action concerning information obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a) or paragraph (1) of subdivision (b). (d) This section shall remain in effect only until January 1, 2025 and as of that date is repealed. Ralph M. Brown Act Page 54 2619596 Text of the Ralph M. Brown Act Section 54956.97. Public bank; governing board or committee of governing board; closed session Notwithstanding any provision of law, the governing board or a committee of the governing board of a public bank, as defined in Section 57600 of the Government Code, may meet in closed session to consider and take action on matters pertaining to all of the following: (a) A loan or investment decision. (b) A decision of the internal audit committee, the compliance committee or the governance committee. (c) A meeting with a state or federal regulator. Section 54956.98. Public bank; policy or bylaw; information from a closed session considered confidential (a) For purposes of this section, the following definitions shall apply: (1) "Shareholder, member, or owner local agency" or "shareholder, member, or owner" means a local agency that is a shareholder of a public bank. (2) "Public bank" has the same meaning as defined in Section 57600. (b) The governing board of a public bank may adopt a policy or a bylaw or include in its governing documents provisions that authorize any of the following: (1) All information received by a shareholder, member or owner of the public bank in a closed session related to the information presented to the governing board of a public bank in closed session shall be confidential. However, a member of the governing board of a shareholder, member or owner 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 shareholder, member or owner local agency for purposes of obtaining advice on whether the matter has direct financial or liability implications for that shareholder local agency. (B) Other members of the governing board of the local agency present in a closed session of that shareholder, member or owner local agency. (2) A designated alternate member of the governing board of the public bank who is also a member of the governing board of a shareholder, member or owner of the local agency and who is attending a properly noticed meeting of the public bank governing board in lieu of a shareholder, member or owner of the local agency's regularly appointed member may attend a closed session of the public bank governing board. Ralph M. Brown Act Page 55 2619596 Text of the Ralph M. Brown Act (c) If the governing board of a public bank adopts a policy or a bylaw or includes provisions in its governing documents pursuant to subdivision (b), then the governing board of the shareholder, member or owner of the local agency, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss and take action concerning information obtained in a closed session of the public bank governing board pursuant to paragraph (1) of subdivision (b). 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, or their respective deputies or a 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 a 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. Ralph M. Brown Act Page 56 2619596 Text of the Ralph M. Brown Act 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: (1) 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. (B) If final approval rests with the other party to the negotiations, the local agency shall 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 Ralph M. Brown Act Page 57 2619596 Text of the Ralph M. Brown Act 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 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 a 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. Ralph M. Brown Act Page 58 2619596 Text of the Ralph M. Brown Act 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 a 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 a court of general jurisdiction wherein the local agency lies. Such minute book may, but need not, consist of a recording of the closed session. (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, 6254, 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 all, 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 Website 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 Ralph M. Brown Act Page 59 2619596 Text of the Ralph M. Brown Act 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 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 law, 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 Ralph M. Brown Act Page 60 2619596 Text of the Ralph M. Brown Act 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. (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 1 (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 Ralph M. Brown Act Page 61 2619596 Text of the Ralph M. Brown Act 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 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 that 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 a 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. Ralph M. Brown Act Page 62 2619596 Text of the Ralph M. Brown Act (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. (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 public 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 challenged 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, Ralph M. Brown Act Page 63 2619596 Text of the Ralph M. Brown Act 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. (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 Ralph M. Brown Act Page 64 2619596 Text of the Ralph M. Brown Act 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. 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 an 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 attorneys' fees to the plaintiff in an action brought pursuant to this section in accordance with Section 54960.5. Ralph M. Brown Act Page 65 2619596 Text of the Ralph M. Brown Act (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)] 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 a 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 Ralph M. Brown Act Page 66 2619596 Text of the Ralph M. Brown Act 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 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 to 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 to 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 attorneys' fees A court may award court costs and reasonable attorneys' 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 attorneys' 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 attorneys' 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. Ralph M. Brown Act Page 67 2619596 Text of the Ralph M. Brown Act 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 tortious sexual conduct or child abuse unless the identity of the person has been publicly disclosed. 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 54963. 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 54957.10 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 lawfully 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. Ralph M. Brown Act Page 68 2619596 Text of the Ralph M. Brown Act (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. (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 69 2619596 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, the Central Coast, and Sacramento 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 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 Solid Waste Stormwater Compliance Water Rights & Water Law SECTION 9 r%4 Public Records Act (Z) HANDBOOK r*4 Summary of the Major Provisions and Requirements of the Public Records Act and Related Topics Electronic Records Text of the Public Records Act ) Updated including changes effective January 1, 2022 Table of Contents INTRODUCTION................................................................................................................................................ii PART ONE. COMPLIANCE WITH THE PUBLIC RECORDS ACT.............................................................1 I. WHAT IS THE PUBLIC RECORDS ACT?.................................................................1 II. WHAT RIGHTS DOES THE PUBLIC RECORDS ACT AFFORD TO THEPUBLIC?............................................................................................................2 III. IS THE PUBLIC RECORDS ACT RELATED TO THE FREEDOM OF INFORMATION ACT?..............................................................................................3 IV. TO WHICH LOCAL AGENCIES DOES THE PUBLIC RECORDS ACTAPPLY?............................................................................................................3 V. WHAT ARE "PUBLIC RECORDS2„.........................................................................3 VI. HOW DOES A LOCAL AGENCY DETERMINE THE SCOPE OF A PUBLIC RECORDS REQUEST?................................................................................6 VII. CAN A LOCAL AGENCY RELINQUISH ITS PUBLIC RECORDS ACT OBLIGATIONS TO SOMEONE ELSE?............................................................7 VIII. MUST A PUBLIC RECORDS ACT REQUEST BE MADE IN WRITING, OR MAY IT BE MADE ORALLY?...........................................................7 IX. WHAT PUBLIC RECORDS ARE EXEMPT FROM DISCLOSURE UNDER THE PUBLIC RECORDS ACT?...................................................................8 X. WHAT IS THE PROPER PROCEDURE FOR COMPLYING WITH A PUBLIC RECORDS ACT REQUEST?......................................................................29 XI. WHAT ARE THE PENALTIES FOR FAILURE TO COMPLY WITH THE PUBLIC RECORDS ACT?......................................................................................33 X11. CONCLUSION.......................................................................................................33 PART TWO. ELECTRONIC RECORDS....................................................................................................35 1. EMAI L..................................................................................................................... 38 II. DOCUMENTS CREATED USING WORD PROCESSORS, GIS AND OTHER SOFTWARE.......................................................................................51 III. CITY WEBSITES.......................................................................................................61 IV. CONCLUSIONS.....................................................................................................78 PART THREE. THE CALIFORNIA PUBLIC RECORDS ACT.......................................................................81 Public Records Act Page i © 2022 Richards, Watson & Gershon 2595268 Article 1 - General Provisions California Government Code Sections 6250-6270.7.......................82 Article 2 - Other Exemptions from Disclosure California Government Code Sections 6275-6276.48.....................................................................................................146 Article 3 - Repeal California Government Code Section 6276.50................................................. 1861 As of January 1, 2023, the Public Records Act Public Records Act will be set forth in new Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (See Assembly Bill 473, Stat. 2021, c. 614). Division 10 will be addressed in the RWG Public Records Act Handbook to be issued in 2023. Public Records Act © 2022 Richards, Watson & Gershon Page ii 2595268 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 © 2022 Richards, Watson & Gershon 2595268 PART ONE. COMPLIANCE WITH THE PUBLIC RECORDS ACT //RWG Public Records Act Page 1 © 2022 Richards, Watson & Gershon 2595268 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 shall be open to public scrutiny. CAL. CONST. ART. I, § 3(b) (I). In enacting [the California Public Records Act], the Legislature, 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.2 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.3 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 2 Rogers v. Superior Ct. (City of Burbank), 19 Cal. App. 4th 469 (2 Dist. 1993). 3 The Public Records Act is codified in Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code. Pursuant to AB 473 , operative January 1, 2023, the Public Records Act will be reorganized and recodified in new Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. Public Records Act Page 1 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act states that public records are open to inspection at all times during the office hours of a local agency.4 The California Constitution also guarantees that public records are open to public scrutiny.5 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.6 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.$ The term "person" includes individuals, and various types of business entities.9 A "person" need not be a citizen of California or of the United States to make use of the Public Records Act.10 A local agency must supply an exact copy of the record on request, unless it is "impracticable" to make an exact copy.,, 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.12 Any reasonably segregable portion must be made available after deletion of any portion exempt from disclosure.13 The requirements of the Public Records Act are the minimum standards which must be met by local agencies. The Public Records Act specifically provides 4 Gov't Code § 6253(a). 5 CAL. CoNST. art. I, § 3(b)(1). 6 CAL. CoNST. art. I, § 3(b) (2). 7 Gov't Code § 6253(a), (b). A requester inspecting a disclosable record on the agency's premises generally has the right to use their own equipment, without being charged any fees or costs, to photograph or otherwise copy or reproduce the record in a manner that does not require the equipment to make physical contact with the record. Gov't Code § 6253(d). 8 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 liability for doing so. Caldecott v. Superior Court, 243 Cal. App. 4th 212, 219 (4 Dist. 2015). 9 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 the City, as well as the City attorney, were entitled to obtain records of school district relating to school construction project). 10 Gov't Code § 6252(c); Connell v. Superior Court (Intersource, Inc.), 56 Cal. App. 4th 601 (3 Dist. 1997). 11 Gov't Code § 6253(b). 12 See Rosenthal v. Hansen, 34 Cal. App. 3d 754 (3 Dist. 1973) (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 all). 13 Gov't Code § 6253(a). Public Records Act Page 2 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act that agencies may adopt procedures to allow greater access to records, except where the law otherwise prohibits access.14 The person who is the subject of a particular record does not have a specific right under the Public Records Act to prevent disclosure of any particular record.15 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.16 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 (the "FOIA") as the basis for their request. The FOIA is a federal statute that does not apply to local government agencies.17 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 FOIA instead of the Public Records Act.18 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.19 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 14 Gov't Code § 6253(e). It is unclear whether a local public agency can, through a sunshine ordinance, seek to regulate other agencies, but such an ordinance would not override a state agency's determination on whether its internal documents were subject to disclosure. SF Urban Forest Coal. v. City & Cty. of San Francisco, 43 Cal. App. 5th 796, 807 (Ct. App. 2019), review denied (April 1, 2020). 15 LAPD v. Superior Court (Church of Scientology), 65 Cal. App. 3d 661, 668 (2 Dist. 1977). 16 Poway Unified Sch. Dist. v. Superior Court (Copley Press), 62 Cal. App. 4th 1496 (4 Dist. 1998). 17 5 U.S.C. §552 et seq. 18 See ACLU v. Deukmejian, 32 Cal. 3d 440, 447 (1982) (Public Records Act modeled on FOIA, judicial construction and legislative history of federal act illuminate the interpretation of its California counterpart); Cook v. Craig, 55 Cal. App. 3d 773, 781 (3 Dist. 1976) (noting the similarity between the provisions of state and federal law). 19 Gov't Code § 6252(a). The Public Records Act also applies to charter schools and entities managing charter schools. Ed. Code § 47604.1. Public Records Act Page 3 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act state or local 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 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.20 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.21 Note, however, that computer software developed by a local agency is not a "public record" subject to the Public Records Act.22 On the other hand, a requester's rights under the Public Records Act are not unlimited. A local agency is not required to create a document or compile a list in response to a request under the Public Records Act.23 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."24 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 in some 20 Gov't Code § 6252(e), (g). 21 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. 22 Gov't Code § 6254.9. 23 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. State Bar of California, 26 Cal. App. 5th 651, 665-66 (1 Dist. 2018) (stating that "the CPRA ... does not require [public agencies] to create new records to satisfy a request."); Steinle v. City & Cty. of San Francisco, 919 F.3d 1154, 1 166 (9th Cir. 2019). 24 City of San Jose v. Superior Court (Smith), 2 Cal. 5th 608, 618 (2017); Braun v. City of Taft, 154 Cal. App. 3d 332, 340 (5 Dist. 1984); San Gabriel Tribune v. Superior Court (City of West Covina), 143 Cal. App. 3d 762, 774 (2 Dist. 1983); People v. Tomalty, 14 Cal. App. 224, 231 (1 Dist. 1910). Public Records Act Page 4 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act substantive way to the conduct of the public's business.25 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.26 In City of San Jose v. Superior Court, the California Supreme Court provided several factors to consider when analyzing whether a writing is a public record, including: the content of the writing; the context in, or purpose for which, it was written; the audience to whom it was directed; and whether the writing was prepared by an employee acting or purporting to act within the scope of his or her employment.27 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 physical form or characteristics."28 Further, local agencies are obligated to determine whether a public records request seeks copies of disclosable public records in the "possession" — either actual or constructive possession — of the agency.29 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 a 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 has the right to control the records and therefore "constructive possession" of the documents.30 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.31 The court held that the City had an obligation "to make reasonable efforts to facilitate the location and release of the information."32 The City's failure to assert its contractual right to obtain the record from the consultant violated the Public Records Act.33 On the other hand, in Anderson -Barker v. Superior Court of Los Angeles County, the court held that a city's ability to access privately held, 25 City of San Jose, 2 Cal. 5th at 618; Braun, 154 Cal. App. 3d at 340; San Gabriel Tribune, 143 Cal. App. 3d at 774; Gov't Code § 6252(e). 26 San Gabriel Tribune, 143 Cal. App. 3d at 774. 27 City of San Jose, 2 Cal. 5th at 618. 28 Gov't Code § 6252(e). 29 Gov't Code § 6253(c). City of San Jose, 2 Cal. 5th at 623. 30 Consolidated Irrigation District v. Superior Court (City of Selma), 205 Cal. App. 4th 697, 709-11 (5 Dist. 2012); Community Youth Athletic Center v. City of National City, 220 Cal. App. 4th 1385, 1427-29 (4 Dist. 2013); see also Regents of the University of California v. Superior Court (Reuters America LLC), 222 Cal. App. 4th 383, 398 (1 Dist. 2013) as modified on denial of reh'g (Jan. 14, 2014). 31 Community Youth Athletic Center, 220 Cal. App. 4th at 1428. 32 Id. at 1429. 33 Id. Public Records Act Page 5 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act electronically -stored data did not equate to a 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.34 Similarly, in Consolidated Irrigation District v. Superior Court, the court found that the City had no control over a sub -consultant's records.35 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 a 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 local 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.36 Sometimes, the public is unfamiliar with the types of records maintained by local 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.37 Likewise, the requester is obligated to engage in this process, and to provide the scope of the public information requested, which the City must communicate to the custodian of records. Both the local agency and the requester must be reasonable in this process.38 In some instances, there may be many records responsive to a request. When faced with a voluminous request, agencies should work with the requester to narrow down the request, ask if they would consent to an extended deadline for responding, and providing responsive records on a rolling basis. Even where 34 Anderson -Barker v. Superior Court (City of Los Angeles), 31 Cal. App. 5th 528 (2 Dist. 2019). 35 Consolidated Irrigation District, 205 Cal. App. 4th at 711. 36 Gov't Code § 6253. 37 Gov't Code § 6253.1. Further discussion of these procedural requirements is in Section X, below. 38 Community Youth Athletic Center v. National City, 220 Cal. App. 4th 1385, 1427 (4 Dist. 2013). Public Records Act Page 6 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act requests return a significant number of responsive records, courts have held that agencies must process the request.39 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.40 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 a contract that allows another party to control the disclosure of information that is subject to the Public Records Act.41 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.42 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.43 While many local agencies provide forms on their website or at their offices for making a written Public Records Act request, a 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.44 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 39 Getz v. Superior Court, 2021 WL 5879194 (3 Dist. 2021), ordered published (December 13, 2021) (holding that it is not unduly burdensome to require El Dorado County to review more than 42,000 emails, that were potentially responsive to a request for "any/all emails" by or between "anyone" employed by the County and "anyone" at one of four email domains associated with a real estate developer, its legal counsel, and its public relations consultants). 40 Gov't Code § 6270(a). 41 Gov't Code § 6253.3. 42 Gov't Code § 6253.31. 43 Los Angeles Times v. Alameda Corridor Transp. Authority, 88 Cal. App. 4th 1381, 1392 (2 Dist. 2001). 44 Galbiso v. Orosi Public Utility District, 167 Cal. App. 4th 1063, 1088-89 (5 Dist. 2008). Public Records Act Page 7 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act agency's office.45 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.46 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 same records are denied by the public agency for the same materials.47 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; • 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.48 The California Supreme Court held that a public agency's inadvertent disclosure resulting from human error does not waive an exemption.49 In Ardon v. City of Los Angeles, the City of Los Angeles inadvertently disclosed several attorney- 45 Bruce v. Gregory, 65 Cal. 2d 666, 676 (1967); Rosenthal v. Hansen, 34 Cal. App. 3d 754, 761 (3 Dist. 1973); 64 Ops. Cal. Atty. Gen. 317 (1981). 46 Gov't Code § 6254.5. 47 Black Panther Party v. Kehoe, 42 Cal. App. 3d 646, 658 (3 Dist. 1974). 48 Gov't Code § 6254.5. Additional exceptions apply to specific state agencies. 49 Ardon v. City of Los Angeles, 62 Cal. 4th 1 176 (2016). Public Records Act Page 8 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act 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.50 After becoming aware of the inadvertent disclosure, the City filed a motion in court seeking the return of the privileged materials.51 The California Supreme Court held that the Public Records Act's waiver provision52 applied only to intentional and not inadvertent disclosure.53 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."54 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.55 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.56 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 go 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 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.57 Further, the California Supreme Court emphasized that a public agency's own characterization of its intent is not dispositive.58 The best practice continues to be to complete a thorough review before releasing responsive records. 50 Ardon, 62 Cal. 4th at 1 180-82. 51 Id. at 1 181 . 52 Gov't Code § 6254.5. 53 Ardon, 62 Cal. 4th at 1180. 54 Id. at 1 185-86. 55 See Newark Unified School District v. Superior Court (Brazil), 245 Cal. App. 4th 887 (1 Dist. 2015). 56 Id. at 910. 57 Ardon, 62 Cal. 4th at 1190. 58 Id. Public Records Act Page 9 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act 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. The Public Records Act contains protections for specified personal information of all public agency employees. The home addresses, home telephone numbers, 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. Personal e-mail addresses of public employees are also not public records subject to disclosure, unless a personal e-mail address is used by an employee to conduct public business or if the address is necessary to identify a person in an otherwise discloseable communication. 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.59 (2) Referendum, recall and initiative petitions, ballots 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. Election ballots themselves are exempt from disclosure.60 (3) The identity of persons who have requested bilingual ballots or ballot pamphlets. Gov't Code § 6253.6. Election -related information revealing the identity of people who have requested bilingual ballots or ballot pamphlets or other related data that would 59 Gov't Code § 6254.29. Under 2021 urgency legislation, as soon as is feasible but no later than January 1, 2023, state agencies are prohibited from sending outgoing U.S. mail to an individual that contains the individual's social security number unless the number is truncated to its last four digits, except in specified circumstances. (Gov't Code § 1 1019.7, as amended by AB 12, Stat. 2021, c. 509, sec. 2).) 60 Elec. Code §§ 15370 and 17301; Citizens Oversight, Inc. v. Vu, 35 Cal. App. 5th 612, 619-20 (4 Dist. 2019). Public Records Act Page 10 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act reveal the identity of the people requesting bilingual materials is exempt from disclosure. Persons otherwise authorized to review this material, such as elections officials, may examine these materials. (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.61 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 a course of action; and • Would expose the agency's decision -making process if disclosed,62 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 61 Gov't Code § 6254(a). 62 Citizens for a Better Environment v. Dep't of Food and Agriculture, 171 Cal. App. 3d 704, 715-16 (3 Dist. 1985) (concluding that "[t]he interest in fostering robust agency debate" is the only public interest that can justify nondisclosure under Section 6254(a)). Public Records Act Page 1 1 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act 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. In discussing whether a record has not been retained in the ordinary course of business, one court observed, "[i]f preliminary materials are not customarily discarded or have not in fact been discarded as is customary they must be disclosed."63 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.64 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.65 Previously created or disclosed records may not be retroactively re-classified as being exempt under this Section.66 Generally, courts will examine the "dominant purpose" behind the document's creation.67 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.68 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 63 Id. at 714. 64 Id. at 714 n.7. 65 Fairley v. Superior Court (City of Long Beach), 66 Cal. App. 4th 1414, 1421-22 (2 Dist. 1998). 66 City of Hemet v. Superior Court (Press -Enterprise Co.), 37 Cal. App. 4th 1411, 1420 & n.1 1 (4 Dist. 1995). 67 Fairley, 66 Cal. App. 4th at 1420. 68 Id. at 1421 . Public Records Act Page 12 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act under the Government Claims Act or a complaint filed with a court. Once litigation is concluded, however, the exemption will no longer apply.69 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 litigation. This exemption does not cover deposition transcripts because they are available to the public under another statute.70 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."71 (6) Personnel, medical, or similar records. Gov't Code §§ 6254(c); 6254.3. When the disclosure of personnel ,72 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.73 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.74 Courts have recognized the privacy interest implicated by records of employee misconduct and wrongdoing.75 However, 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 69 Gov't Code § 6254(b) (noting that the exemption applies "until the pending litigation or claim has been finally adjudicated or otherwise settled."); City of Los Angeles v. Superior Court (Axelrod), 41 Cal. App. 4th 1083, 1089 (2 Dist. 1996). 70 Board of Trustees of California State Univ. v. Superior Court (Copley Press, Inc.), 132 Cal. App. 4th 889, 901-902 (4 Dist. 2005); Civ. Proc. Code § 2025.570. 71 Poway Unified Sch. Dist. v. Superior Court (Copley Press, Inc.), 62 Cal. App. 4th 1496, 1505 (4 Dist. 1998). 72 The scope of personnel records generally covers records relating to an employee's performance or to any grievance concerning an employee, and would include personal information to which access is limited to an employee's supervisors. Such records do not need to be stored in a personnel file to be exempt; it is the contents of the document which makes them confidential. Associated Chino Teachers v. Chino Valley Unified Sch. Dist., 30 Cal. App. 5th 530, 539- 41 (4 Dist. 2018). 73 Versaci v. Superior Court (Palomar Cmty. Coll. Dist.), 127 Cal. App. 4th 805, 818-820 (4 Dist. 2005). 74 International Federation of Professional and Technical Engineers, LOCAL 21, AFL-CIO, v. Superior Court, (Contra Costa Newspapers, Inc.), 42 Cal. 4th 319, 329-333 (2007) (International Federation). 75 Associated Chino Teachers, 30 Cal. App. 5th at 541. Public Records Act Page 13 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act in the matters of his [or her] public employment. "76 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.77 This exemption for personnel records also does not justify withholding personnel records concerning incidents involving the discharge of a firearm at a person by a peace officer that resulted in death or great bodily injury, records concerning a sustained finding that a peace officer engaged in sexual assault or dishonesty, a sustained finding of unreasonable or excessive force, a sustained finding of failure to intervene against another officer using unreasonable or excessive force, or a sustained finding of discrimination against a protected class.78 Disclosure of Public Emolovee 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.),79 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.80 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 76 BRV, Inc. v. Superior Court (Dunsmuir Joint Union High School District), 143 Cal. App. 4th 742, 758 (3 Dist. 2006) (ordering reports investigating 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). 77 Gov't Code § 6254.8. 78 Penal Code §§ 832.7, 832.8. 79 International Federation, 42 Cal. 4th 319 (2007). 80 The Supreme Court also narrowed the precedential value of Teamsters Local 856 v. Priceless, LLC., 112 Cal. App. 4th 1500 (1 Dist. 2003). 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. Public Records Act Page 14 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act amount of a peace officer's salary.81 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.82 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 at issue.83 The 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.84 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 $100,000 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.85 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.86 81 Id., at 343. 82 Id. 83 Id. at 336. 84 Id. at 336-37. 85 Commission on Peace Officer Standards and Training v. Superior Court (Los Angeles Times Communications LLC), 42 Cal. 4th 278 (2007). 86 Id. at 303; see also, Long Beach Police Officers Assn. v. City of Long Beach, 59 Cal. 4th 59 (2014) (holding the Act did not protect from disclosure the names of officers involved in on -duty shootings). Public Records Act Page 15 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act (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.87 Records of complaints to or investigations conducted by police agencies generally may be withheld. 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."88 This exemption extends indefinitely, even after investigations are concluded.89 In most cases, agencies are required to disclose to the public90 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.91 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.92 Further, this disclosure is not required where it would 87 The scope of "records of investigation" is narrowly construed. American Civil Liberties Union Foundation v. Superior Court, 3 Cal. 5th 1032, 1039 (2017). Records of investigation exempted under Section 6254(f:) "encompass only those investigations undertaken for the purpose of determining whether a violation of law may occur or has occurred. If a violation or potential violation is detected, the exemption also extends to records of investigations conducted for the purpose of uncovering information surrounding the commission of the violation and its agency." Haynie v. Superior Court, 26 Cal. 4th 1061, 1071 (2001). In American Civil Liberties Union of Southern California v. Superior Court, the California 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 Cal. 5th 1032, 1042. 88 Dixon v. Superior Court (Neves), 170 Cal. App. 4th 1271, 1277 (3 Dist. 2009) (internal quotation omitted). 89 Rackauckas v. Superior Court (Los Angeles Times Communications), 104 Cal. App. 4th 169, 174-178 (4 Dist. 2002). 90 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. 91 Pasadena Police Officers Association v. City of Pasadena, 22 Cal. App. 5th 147 (2 Dist. 2018). 92 Penal Code § 841.5. Public Records Act Page 16 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act 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 or human trafficking offense must be withheld.93 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 private investigator.94 This requirement, however, may have limited applicability given the outcome of litigation by United Reporting Publishing Corporation against the California Highway Patrol.95 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.96 Disclosure of Certain Police Department Records Penal Code sections 832.7 and 832.8 previously provided that peace officer personnel records are confidential and subject to disclosure only after a granted Pitchess Motion. Those statutes were amended in 2019 to provide that 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. Under further amendments in 2021, disclosure of additional categories of information is required effective on January 1, 2022. 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. 93 Penal Code § 293. 94 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 Dep't v. United Reporting Publ'g Corp., 528 U.S. 32 (1999). 95 United Reporting Publ'g Corp. v. California Highway Patrol, No. 96-CV-0888-B (S.D. Cal. Aug. 13, 2001) (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 activities as described above."). 96 89 Ops. Cal. Atty Gen. 97 (2006). Public Records Act Page 17 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act • An incident in which the use of force by a peace officer or custodial officer against a person resulted in death or 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 false statements, filing false reports, destruction, falsifying or concealing of evidence, or perjury. • When a sustained finding was made involving a complaint that alleged unreasonable or excessive force. • When a sustained finding was made that an officer failed to intervene against another officer using force that is clearly unreasonable or excessive. • When a sustained finding was made that a peace officer or custodial officer engaged in conduct including, but not limited to, verbal statements, writings, online posts, recordings, and gestures, involving prejudice or discrimination against a person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. • When a sustained finding was made that the peace officer made an unlawful arrest or conducted an unlawful search. A sustained finding means that the public agency has determined that misconduct occurred and the officer had an opportunity for an administrative appeal, even if that administrative appeal was not actually completed.97 These disclosure requirements apply regardless of whether the disclosable records sought pertain to officers employed by the agency or by another public agency and regardless of whether the agency or another public agency 97 Collondrez v. City of Rio Vista, 61 Cal. App. 5th 1039 (1 Dist. 2021), review denied (June 30, 2021) (court held that the city manager's decision in favor of an officer's termination following a pre -discipline Skelly meeting constituted a sustained finding of dishonesty, even though the officer's subsequent administrative arbitration was not completed because the officer resigned as part of a settlement with the city). Public Records Act Page 18 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act created the records.98 These requirements also apply to records created prior to 2019 if a public records request is submitted after January 1, 2019.99 Note, however, that the catchall exemption to disclosure under the Public Records Act (Government Code section 6255), can apply to exempt otherwise disclosable records under Penal Code Section 832.7 where, based 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.,00 Further, as of July 1, 2019, the Act requires an agency to disclose audio and video recordings that relate to a "critical incident." A recording relates to a critical incident if it depicts an incident involving the discharge of a 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.,o, Additionally, recent legislation has imposed requirements on law enforcement agencies to make available online all current standards, policies, practices, operating procedures, and education and training materials that would otherwise be available to the public if a request was made pursuant to the Public Records Acl.102 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 a business license tax requirement where the city 98 Becerra v. Superior Court of City & Cty. of San Francisco, 44 Cal. App. 5th 897 (1 Dist. 2020) review denied (May 13, 2020) . 99 Ventura County Deputy Sheriffs' Assn v. Cty. of Ventura, 61 Cal. App. 5th 585, 590, 594 (2 Dist. 2021); Walnut Creek Police Officers' Assn v. City of Walnut Creek, 33 Cal. App. 5th 940, 941-942 (1 Dist. 2019). 100 Becerra, 44 Cal. App. 5th at 927-929. 101 Gov't Code § 6254(f)(4). 102 Penal Code § 13650. Public Records Act Page 19 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act 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 the Brown Act abrogate those important privileges for communications between a local agency and its legal counsel.103 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.104 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 103 Roberts v. City of Palmdale, 5 Cal. 4th 363, 377 (1993). 104 Los Angeles County Board of Supervisors v. Superior Court (ACLU of Southern California), 2 Cal. 5th 282 (2016). Public Records Act Page 20 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act "reasonably segregable."105 Further, the Court stressed that any ambiguity must be construed in "whichever way will further the people's right of access."106 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.107 Whether or not any particular fee total must be disclosed is a factual inquiry for the trial court.108 While a full discussion of attorney -client privilege and attorney work product is outside the scope of this Handbook, it is worth noting that a court may find waiver of the privilege when a city and developer share communications prior to approval of a development project under the California Environmental Quality Act (CEQA). In Citizens for Ceres v. Superior Court, the appellate court held that a city waived those privileges for communications it sent to a developer prior to approval of a development project under CEQA.109 The court held that the "common interest doctrine," which generally allows disclosure of privileged communications to third parties with a common interest in a legal matter, did not apply to prevent the city's waiver.' 10 As a result, the city was required to include its attorneys' communications with the developer in the administrative record it prepared. In contrast, in another more recent CEQA case, Golden Door Properties, LLC v. Superior Court, the appellate court ruled a common interest existed between a county and developer prior to project approval because the plaintiffs had previously sued both the applicant and the lead agency twice before project approval.111 In light of these differing opinions, 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, in some cases those disclosures may waive the agency's privilege. In Labor and Workforce Development Agency v. Superior Court, the Court of Appeal extended the protection afforded by Section 6254(k) to documents 105 Id. at 292. 106 Id. (citing Ardon v. City of Los Angeles, 62 Cal. 4th 1176, 1 190 (2016), and Cal. Const., art. I, § 3, subd. (b) (2)). 107 County of Los Angeles v. Superior Court, 12 Cal. App. 5th 1264, 1274 (2 Dist. 2017). 108 Id. 109 Citizens for Ceres v. Superior Court (City of Ceres), 217 Cal. App. 4th 889, 922 (5 Dist. 2013). 110 Id. at 914-921 . 111 Golden Door Properties, LLC v. Superior Court of San Diego County, 53 Cal. App. 5th 733, 755-756 (4 Dist. 2020), review denied (Nov 10, 2020). Public Records Act Page 21 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act revealing the deliberative process of an agency, even going so far as to prevent the disclosure of the identities of persons with whom the agency confidentially communicated, and the general subject matter of the communications.112 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.,13 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, it is a helpful list. (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 a right to know its basis.,14 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 6254(n). (12) Terrorist assessment reports. Gov't Code § 6254(aa). A document prepared for or by a local agency that assesses its 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. 112 Labor & Workforce Dev. Agency v. Superior Court, 19 Cal. App. 5th 12 (3 Dist. 2018). 113 Stats. 1997, c. 620 (S.B. 143- Kopp). 114 San Gabriel Tribune v. Superior Court (City of West Covina), 143 Cal. App. 3d 762, 779-780 (2 Dist. 1983). Public Records Act Page 22 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act (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 also confidential and cannot be disclosed to any person.115 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. However, voter registration information identified under Section 6254.4 of the Government Code must be made available to the public if the information is at least one hundred years old.116 (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 . 115 Elec. Code § 2194(b)(1). 116 Elec. Code § 2194.1. Public Records Act Page 23 © 2022 Richards, Watson & Gershon 2595268 Part One: Comoliance with the Public Records Act (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 internet 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.,» (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.,,$ 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 117 Note, however, that at least one court has indicated that this law may be unconstitutional where applied to prohibit the publication of contact information that is truthful information about a matter of public concern where the information published was lawfully obtained. Publius v. Boyer -Vine, 237 F. Supp. 3d 997, 1016, 1021 (E.D. Cal. 2017). 118 Gov't Code § 6255. Public Records Act Page 24 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act outweighs the public interest in disclosure. In fact, given the public policy involved, courts demand a demonstration of "clear overbalance" to justify non- disclosure.119 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.120 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.12, The unaltered license plate scan data consisted of the plate number, date, time, and location information of each license plate record.122 The Supreme Court found that the act of revealing the data would jeopardize the privacy of everyone associated with a scanned plate which was a 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 interest served by disclosure of" these records. 123 In a recent case during the COVID-19 pandemic, an appellate court upheld San Diego County's withholding of the specific location of COVID-19 outbreaks from a "confirmed outbreaks spreadsheet" disclosed to news media under the catchall exemption.124 The county provided uncontradicted evidence from the public health officer that disclosing the exact name and address of an outbreak location would have a chilling effect on the public's willingness to cooperate with contact tracing efforts.125 The court ruled that the value of the county's ability to conduct effective contact tracing clearly outweighed the public's interest in obtaining information about the exact outbreak locations, concluding that the evidence did not support the news media's contentions that a member 119 City of Hemet, 37 Cal. App. 4th at 1421; see also Black Panther Party, 42 Cal. App. 3d at 657. 120 See, e.g., Michaelis, Montanari & 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). 121 American Civil Liberties Union Foundation v. Superior Court, 3 Cal. 5th 1032, 1043-1044 (2017). 122 Id. at 1043. 123 Id. at 1044. 124 Voice of San Diego v. Superior Court of San Diego County, 66 Cal. App. 5th 669, 672-673 (4 Dist. 2021), review denied (Oct. 27, 2021). 125 Id. at 692-693. Public Records Act Page 25 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act of the public can better avoid COVID-19 infection if he or she knows of the particular locations where outbreaks occurred.126 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,127 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 the 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.128 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"129 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.130 On the local level, a city's refusal to disclose the telephone records of council members was upheld to protect the same "deliberative process privilege."131 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: • Becerra v. Superior Court of City & Cty. of San Francisco (First Amendment Coalition et aQ132 Penal Code Section 832.7 generally requires disclosure of all responsive records in the possession of the Department of Justice, regardless of whether the records pertain to officers employed by the department or by another public agency and regardless of whether the department or another public agency created the records. Government Code Section 6255 may apply to records that are 126 Id. 127 Times Mirror Co. v. Superior Court (State of California), 53 Cal. 3d 1325 (1991). 128 Id. at 1344-46. 129 Gov't Code § 6254(I). 130 California First Amendment Coalition v. Superior Court (Wilson), 67 Cal. App. 4th 159 (3 Dist. 1998); see also Wilson v. Superior Court (Los Angeles Times), 51 Cal. App. 4th 1 136 (2 Dist. 1997), as modified. 131 Rogers v. Superior Court (City of Burbank), 19 Cal. App. 4th 469 (2 Dist. 1993). 132 44 Cal. App. 5th 897 (1 Dist. 2020). Public Records Act Page 26 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act subject to disclosure under Penal Code Section 832.7, but while an agency may invoke the exception based on the concern that segregating nonexempt from exempt information would be unduly burdensome, for the exception to apply to withhold responsive records the agency must establish a clear overbalance on the side of confidentiality. The Department of Justice failed to make such a sufficient showing, despite arguing they faced an "`onerous burden of reviewing, redacting, and disclosing records regarding other agencies' officers, which involves `potentially millions of records"' to disclose records under Penal Code Section 832.7. • Connell v. Superior Court (Intersource, Inc.)133 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.134 • Copley Press, Inc. v. Superior Court (M.P.R. - a minor)135 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 a matter of public record. • CBS, Inc. v. B/ock136 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 (Polston)137 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. 133 56 Cal. App. 4th 601 (3 Dist. 1997). 134 Government Code section 6257.5 states that the Public Records Act "does not allow limitations on access to a public record based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure." 135 63 Cal. App. 4th 367 (4 Dist. 1998). 136 42 Cal. 3d 646 (1986). 137 154 Cal. App. 3d 332 (5 Dist. 1984). Public Records Act Page 27 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act • Humane Society of U.S. v. Superior Court (The Regents of the University of California)138 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 suffer because the "`quantity and quality' of . . . academic research on important issues of public interest would be adversely affected."139 • Los Angeles Unified School District v. Superior Court (Los Angeles Times) 140 A school district's decision to 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. • Long Beach Police Officers Assn. v. City of Long Beach (Los Angeles Times) 141 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.142 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. Atty 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 138 214 Cal. App. 4th 1233 (3 Dist. 2013). 139 1d. at 1263. 140 228 Cal. App. 4th 222 (2 Dist. 2014). 141 59 Cal. 4th 59 (2014). 142 Since the Long Beach decision, amendments to Penal Code Section 832.7 require that peace officer records relating to an incident involving the discharge of a 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 against a person resulted in death or in great bodily injury must be made available to the public under the Public Records Act. Public Records Act Page 28 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act document, that procedure provides only limited privacy protection for property owners and does not make the documentary transfer tax amount confidential. • 81 Ops. Cal. Atty 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. 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;143 • The request does not reasonably describe an identifiable record;144 • The request would require the agency to create new records not currently in existence; or145 • The request seeks records which are exempt from disclosure.146 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 same record are not, the non-exempt portions of the document must be disclosed.147 143 Gov't Code § 6253(a). 144 Gov't Code § 6253(b). 145 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 note 21. 146 Gov't Code § 6253(b). 147 Gov't Code § 6253(a). Public Records Act Page 29 © 2022 Richards, Watson & Gershon 2595268 Part One: Comoliance with the Public Records Act 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;148 • The need to search for, collect, and examine a voluminous amount of separate and distinct records demanded in a single request;149 • 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;150 or • The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data.151 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.152 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;153 • 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);154 • 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;155 148 Gov't Code § 6253(c)(I). 149 Gov't Code § 6253(c)(2). 150 Gov't Code § 6253(c)(3). 151 Gov't Code § 6253(c)(4). 152 Gov't Code § 6253(c). 153 Gov't Code § 6253(c). 154 Gov't Code § 6253(c). 155 Gov't Code §§ 6255, 6253(c). Public Records Act Page 30 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act • The name and title or position of the person responsible for the denial;156 • 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.157 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 data compilation, extraction, or programming to produce the record.158 • The option to inspect the requested records at a mutually convenient time during office hours.159 • A requester who inspects a disclosable record on the agency's premises has the right to use their own equipment on those premises, within reasonable limits necessary to protect the safety of the records or to prevent unnecessary burden on the orderly function of the agency and its employees, without being charged any fees or costs, to photograph or otherwise copy or reproduce the record in a manner that does not require the equipment to make physical contact with the record.160 • If in response to a 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 we bsite.161 D. In addition to the above requirements, if the local agency determines that the request should be denied and the reason for the 156 Gov't Code § 6253(d) (3). 157 Gov't Code § 6253(b); North County Parents Organization v. Dep't of Education, 23 Cal. App. 4th 144 (4 Dist. 1994). 158 Gov't Code § 6253.9(b) ; see also Nat'I Lawyers Guild v. City of Hayward, 9 Cal. 5th 488 (2020) (finding that retrieving and editing raw video footage in response to a public records request does not qualify as "data extraction" within the meaning of the Public Records Act and therefore public agencies may not recover their costs for that process). 159 Gov't Code § 6253(a). 160 Gov't Code § 6253(d). However, Health and Safety Code Section 19851 provides separate procedures for obtaining duplicates of official copies of building plans. 161 Gov't Code § 6253(f). Public Records Act Page 31 © 2022 Richards, Watson & Gershon 2595268 Part One: Comoliance with the Public Records Act 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;162 • Describe the information technology and physical location in which the records exist;163 • Provide suggestions for overcoming any practical basis for denying access to the records or the information sought.164 Alternatively, a local agency may forego these requirements if it instead makes available an index of the record.165 E. Upon payment of the cost of duplication, the agency must make the records "promptly available."166 F. Please note that the agency may not use this procedure to "delay or obstruct the inspection or copying" of public records.167 G. The local agency may provide guidelines for "faster, more efficient, or greater" access to records than provided by the Act.168 162 Gov't Code § 6253.1 (a) (1). 163 Gov't Code § 6253.1 (a) (2). 164 Gov't Code § 6253.1 (a) (3). 165 Gov't Code § 6253.1 (d) (3). 166 Gov't Code § 6253(b). 167 Gov't Code § 6253(d). 168 Gov't Code § 6253(e). Public Records Act Page 32 © 2022 Richards, Watson & Gershon 2595268 Part One: Comoliance with the Public 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.169 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.170 Any person who prevails in enforcing his or her rights under the Act in court is entitled to receive court costs and reasonable attorneys' fees.171 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.172 The production of just one document can be sufficient to trigger an award of costs and fees.173 In the past, where the court determined the litigation was not what ultimately motivated the release of records, costs and fees were denied.174 One court held that an award of attorneys' fees was appropriate even though no additional records were produced as a result of the lawsuit.175 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 attorneys' 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 169 County of Santa Clara v. Superior Court (Naymark), 171 Cal. App. 4th 119, 130 (6 Dist. 2009). 170 Gov't Code § 6258; see also Stevenson v. City of Sacramento, 55 Cal. App. 5th 545 (3 Dist. 2020) (appellant seeking injunctive relief under Gov't Code § 6258 may be required to post a bond pursuant to Cal. Civ. Code § 529 prior to the court issuing a preliminary injunction on appellant's behalf). 171 Gov't Code § 6259(d). 172 Los Angeles Times v. Alameda Corridor Transportation Authority, 88 Cal. App. 4th 1381, 1391 (2 Dist. 2001); Rogers v. Superior Court, 19 Cal App. 4th 469, 482 (2 Dist. 1993); Nat'l Conference of Black Mayors v. Chico Cmty. Publ'g, Inc., 25 Cal. App. 5th 570 (3 Dist. 2018) (newspaper that fought third party effort to prevent disclosure of public 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). 173 Los Angeles Times, 88 Cal. App. 4th at 1392. 174 Id. at 1391; Crews v. Willows Unified School District, 217 Cal. App. 4th 1368, 1381-82 (3 Dist. 2013). 175 Galbiso v. Orosi Public Utility District, 167 Cal. App. 4th 1063, 1086-1089 (5 Dist. 2008). Public Records Act Page 33 © 2022 Richards, Watson & Gershon 2595268 Part One: Compliance with the Public Records Act critical to seek the advice of counsel if there is any question as to the appropriate course of action. Public Records Act © 2022 Richards, Watson & Gershon Page 34 2595268 PART TWO. ELECTRONIC RECORDS Public Records Act Page 35 © 2022 Richards, Watson & Gershon 2595268 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 these technological developments have outpaced public records legislation. Email, electronic documents created on word processors, and web pages (including social media 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 Aguimatang v. California State Lottery, the Court of Appeal rejected a 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.16 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 § 255.177 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.»$ In an attempt to catch up, in 2002 the Legislature enacted Assembly Bill 1962 ("AB 1962"), modifying the definition of "writing" under the Public Records Act and the Evidence Code to include "photographing, photocopying, transmitting 16 Aguimatang v. California State Lottery, 234 Cal. App. 3d 769 (3 Dist. 1991). 177 Id. at 798. 178 People v. Martinez, 22 Cal. 4th 106 (2000). Public Records Act Page 36 © 2022 Richards, Watson & Gershon 2595268 Part Two: Electronic Records by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof," and clarifying that the definition applied "regardless of the manner in which the record has been stored." 179 The legislative reports for AB 1962 cited to Aquimatang 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."180 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.181 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 Two 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 179 Stats. 2002, c. 945 (A.B. 1962—Hollingsworth) (amending Gov't Code § 6252 and Evid. Code § 250). 180 Assembly Committee on Judiciary, Report on AB 1962, May 14, 2002 (citing San Gabriel Tribune v. Superior Court (City of West Covina), 143 Cal. App. 3d 762, 774 (1 Dist. 1983)). 181 Fed. R. Civ. P. 26. Public Records Act Page 37 © 2022 Richards, Watson & Gershon 2595268 Part Two: Electronic Records at the Public Records Act requirements for disclosure of other types of electronic records, including Geographic Information Systems. 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. I. 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."182 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 6252.183 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. In 2017, the California Supreme Court held the determination of 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.184 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 182 Gov't Code § 6252. 183 City of San Jose, 2 Cal. 5th 608, 618-19. 184 Id. at 618. Public Records Act Page 38 © 2022 Richards, Watson & Gershon 2595268 Part Two: Electronic Records prepared by an employee purporting to act within the scope of his or her employment.185 (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 Gmail, Yahoo Mail, or Hotmail accounts), or from a home computer or smartphone, and which pertain to local agency business, qualify as a public record. The California Supreme Court 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.186 In City of San Jose v. Superior Court, a request for 32 categories of public records was filed with the City of San Jose.187 The request included emails and text messages sent or received on private electronic devices used by the mayor, two City council members, and their staff.188 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 neither employees nor officials are included within the governmental entities listed in the definition of "local agency," also found under Section 6252.189 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.190 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."191 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.192 185 Id. 186 Id. at 629. 187 Id. at 614. 188 Id. at 615. 189 Id. at 619-20. 190 Id. at 620-21. 191 Id. at 624. 192 Id. at 627-29. Public Records Act Page 39 © 2022 Richards, Watson & Gershon 2595268 Part Two: Electronic Records 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 employees or officials that pertain to the public's business.193 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.194 A local agency may then reasonably rely on those individuals "to search their own personal files, accounts and devices for responsive material."195 Citing both federal precedent under the FOIA 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.196 Such an approach also strikes "an appropriate balance" with the individual's right of privacy in their personal affairs.197 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, a 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.198 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.199 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 on how 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 193 Id. at 628. 194 Id. 195 Id. 196 Id. 197 Id. 198 Id. at 618. 199 Id. at 627. Public Records Act Page 40 © 2022 Richards, Watson & Gershon 2595268 Part Two: Electronic Records properly search their private, nongovernmental computers and smartphones, when necessary.200 B. 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 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."20, 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.202 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.203 It is sometimes referred to as the "executive privilege, "204 but has been applied to records of both the executive branch (e.g., the governor) and the legislative branch (e.g., a city council).205 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."2o6 The deliberative process privilege uses a balancing test, whereas the mental process 200 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. 201 Id. at 618. 202 See pages 20 and 24 of this Handbook. 203 Times Mirror Co. v. Superior Court, 53 Cal. 3d 1325, 1342 (1991). 204 Sutter's Place v. Superior Court (City of San Jose), 161 Cal. App. 4th 1370, 1378 (6 Dist. 2008). 205 Times Mirror Co., 53 Cal. 3d at 1345-46 (governor's calendars and schedule); Rogers v. Superior Court (City of Burbank), 19 Cal. App. 4th 469, 479 (2 Dist. 1993) (city council phone records). 206 Sutter's Place, 161 Cal. App. 4th at 1377. Public Records Act Page 41 © 2022 Richards, Watson & Gershon 2595268 Part Two: Electronic Records principle does not, making the mental process principle exemption less subjective.207 (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 records may be withheld on deliberative process grounds.208 The deliberative process privilege arises under the "catch-all" exemption contained in Section 6255 of the Government Code. Under 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 so