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01092024 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JANUARY 9, 2024 - 6:00 PM CALL TO ORDER: Mayor James Stewart INVOCATION: Sylvester Scott of Baha'is of Temecula FLAG SALUTE: Mayor James Stewart ROLL CALL: Alexander, Kalfus, Schwank, Stewart PRESENTATIONS Presentation to Incoming/Outgoing Mayor and Temecula Community Services District President Presentation of Years of Service Pins to Commissioners Gary Oddi (5), Adam Ruiz (5), James Richardson (10), Gary Watts (15) Presentation of Certificate of Remembrance to Family of Lynn Fanene, Former Community Services Officer for the City of Temecula Presentation by Anne Mayer, Executive Director for the Riverside County Transportation Commission, Regarding the Smart Freeways Project BOARD / COMMISSION REPORTS Community Services Commission PUBLIC SAFETY REPORT County of Riverside, 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Page 1 City Council Agenda January 9, 2024 Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 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 matters 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. Speaker cards will be called in the order received. Still images maybe displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. Attachments: Agenda Report 2. Approve Action Minutes of December 12, 2023 Recommendation: That the City Council approve the action minutes of December 12, 2023. Attachments: Action Minutes 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: Attachments RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Agenda Report Resolution List of Demands Page 2 City Council Agenda January 9, 2024 4. Adopt Ordinance No. 2023-14 Amending Title 16 and 17 of the Temecula Municipal Code to Implement the Requirements of Senate Bill 9 (Second Reading) 5. 6. 7. Recommendation Attachments: That the City Council adopt an ordinance entitled: ORDINANCE NO.2023-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303 AND 15061(B)(3) Agenda Report Ordinance Receive and File Citvwide Year -End Report Hiahliahtina 2023 Accomplishments Recommendation: That the City Council receive and file the citywide year-end report highlighting 2023 accomplishments. Attachments: Agenda Report 2023 Year -End Report Annual Citv Council Protocol Manual for the 2024 Calendar Year Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY COUNCIL PROTOCOL MANUAL RELATED TO POLICIES GOVERNING THE OPERATIONS OF THE CITY COUNCIL Attachments: Agenda Report pPcnlntinn 2024 City Council Protocol Manual Approve Annual Boards, Committees and Commissions Handbook for the 2024 Calendar Year Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. Page 3 City Council Agenda January 9, 2024 8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE BOARDS, COMMITTEES AND COMMISSIONS HANDBOOK Attachments: Agenda Report RPcnlntinn 2024 Boards, Committees and Commissions Handbook Approve Annual Proclamation List for the 2024 Calendar Year Recommendation: That the City Council approve the annual proclamation list for the 2024 calendar year. Attachments: Agenda Report Public Recognitions Policy Draft 2024 Proclamation List 9. Approve Annual Legislative Platform for the 2024 Calendar Year Recommendation: That the City Council approve the annual legislative platform for the 2024 calendar year. Attachments: Agenda Report 2024 Legislative Platform 10. Approve Annual Citywide Records Retention Schedule and Records Destruction for the 2024 Calendar Year 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 Attachments: Agenda Report Resolution Exhibit A - Records Retention Schedule 11. Approve Resolution Designating Certain City Officials to Execute Applications and Documents for Grant Fundingthrough hrough the Department of Homeland Security, State of California and Riverside County Recommendation: That the City Council adopt this resolution entitled: Page 4 City Council Agenda January 9, 2024 12. 13. RESOLUTION NO. 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 PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND SUB -GRANTED THROUGH THE STATE OF CALIFORNIA AND THE COUNTY OF RIVERSIDE Attachments: Agenda Report Resolution Approve Consultant Agreement with STC Traffic, Inc. for the Safety Lights and Signal Communications Upgrade - Citywide, PW23-13 Recommendation: That the City Council: 1. Approve a consultant agreement with STC Traffic, Inc., in the amount of $317,730, for the Safety Lights and Signal Communications Upgrade - Citywide, PW23-13; and 2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $31,773, which is equal to 10% of the agreement amount. Attachments: Agenda Report Agreement Project Description Approve Consultant Agreement with International Cybernetics Company, LP dba IMS Infrastructure Management Services, for the Pavement Management Program Update, PW23-09 Recommendation: That the City Council: 1. Approve the Agreement for consultant services with International Cybernetics Company, LP dba IMS Infrastructure Management Services, in the amount of $99,980, for the Pavement Management Program Update, PW23-09; and 2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $9,998, which is equal to 10% of the agreement amount. Page 5 City Council Agenda January 9, 2024 14. 15. 16. 17. Attachments: Agenda Report Agreement Project CIP Budget Sheet Approve First Amendment to Utility Agreement with Southern California Edison Company for the I-15/French Valley Parkway Improvements - Phase II Project, PW 16-01 Recommendation: That the City Council approve the first amendment to the utility agreement with Southern California Edison Company to amend the total estimated cost to $1,714,000 for relocation of utilities necessary for the I-I5/French Valley Parkway Improvements - Phase H Project, PW 16-01. Attachments: Agenda Report SCE Request for Amendment Amendment CIP Project Sheets Annrove First Amendment to Consultant Agreement with T.Y. Lin International for the I-15/French Valley ParkwaLprovements - Phase II, PW 16-01 Recommendation: That the City Council approve the first amendment to the agreement for consultant services with T.Y. Lin International in an amount not to exceed $150,000, to provide continued construction support during construction of the I-15/French Valley Parkway Improvements - Phase II, PW 16-01. Attachments: Agenda Report Amendment CEP Project Budget Sheet Annrove Third Amendment to Consultant Agreement with EXP U.S. Services Inc. for the Santa Gertrudis Creek Trail Phase II - Margarita Under -Crossing, PW 19-04 Recommendation: That the City Council approve the third amendment to the agreement for consultant services with EXP U.S. Services Inc. for the Santa Gertrudis Creek Trail Phase II - Margarita Under -Crossing, PW 19-04, increasing the agreement amount by $156,809.57. Attachments: Agenda Report Amendment Project Description Project Location Approve Increase to the Construction Contingency Authorization for the Citywide Concrete Repairs, PW23-17 Recommendation: That the City Council: 1. Approve an increase to the construction contingency for the Citywide Page 6 City Council Agenda January 9, 2024 Concrete Repair Project, PW23-17 by $100,000; and 2. Increase the City Manager's construction contract change orders approval authority by $100,000. Attachments: Agenda Report 18. Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the I-15/SR-79S Interchange Enhanced Landscaping Project, PW 17-19 Recommendation: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the I-15/SR-79S Interchange Enhanced Landscaping Project, PW 17-19. Attachments: Agenda Report Project Description Enhanced Landscaping Exhibit 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 7 City Council Agenda January 9, 2024 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Zak Schwank ROLL CALL: Alexander, 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 19. Approve Action Minutes of December 12, 2023 Recommendation: That the Board of Directors approve the action minutes of December 12, 2023. Attachments: Action Minutes CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, January 23, 2024, at 5:00 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 8 City Council Agenda January 9, 2024 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CALL TO ORDER: Chair James Stewart ROLL CALL: Alexander, 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 20. Approve Action Minutes of December 12, 2023 Recommendation: That the Board of Directors approve the action minutes of December 12, 2023. Attachments: Action Minutes SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS SARDA ADJOURNMENT The next regular meeting of the Successor Agency to the Redevelopment Agency will be held on Tuesday, January 23, 2024, at 5:00 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 9, 2024 TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY CALL TO ORDER: Chair James Stewart ROLL CALL: Alexander, Kalfus, Schwank, Stewart TPFA PUBLIC COMMENT 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. 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. TPFA CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Temecula Public Financing Authority 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 21. Approve Action Minutes of December 12, 2023 Recommendation: That the Board of Directors approve the action minutes of December 12, 2023. Attachments: Joint Action Minutes TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTOR REPORTS TPFA ADJOURNMENT The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, January Page 10 City Council Agenda January 9, 2024 23, 2024, at 5:00 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 11 City Council Agenda January 9, 2024 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 22. 23. Consider Appointment of Person or Election to Fill Vacancy in Council District 1 Pursuant to Government Code Section 36512 Recommendation: That the City Council consider the vacancy in District 1 resulting from the resignation of Curtis Brown and take one of the following actions to address the vacancy pursuant to Government Code Section 36512: 1. Appoint a person to serve as the Council Member for District 1 through the certification of the November 2024 general municipal election, when the person elected will serve the last two years of the District 1 term. 2. Direct staff to initiate an application process, after which Council will appoint a person to serve as the Council Member for District 1 through the certification of the November 2024 general municipal election, when the person elected will serve the last two years of the District 1 term. 3. Take no action to appoint a person to serve as the Council Member for District 1, operate as a four -person City Council through the certification of the November 2024 general municipal election, when the person elected will serve the last two years of the District 1 term. Attachments: Agenda Report Consider Appointments to City Council Committees for Calendar Year 2024 Recommendation: That the City Council appoint members to serve on committees for calendar year 2024 and approve related City Council Committee Appointments List. Attachments: Agenda Report Draft 2024 Council Committee List DEPARTMENTAL REPORTS (RECEIVE AND FILE) 24. Police Department Monthly Report Page 12 City Council Agenda January 9, 2024 Attachments: Agenda Report 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. No substantive discussion on the subject of the motion may occur. 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 The next regular meeting of the City Council will be held on Tuesday, January 23, 2024, at 5:00 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 13 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 9, 2024 SUBJECT: Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. 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. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City's website and will be available in print at the meeting prior to the introduction or passage of the ordinance. Unless otherwise required, the full reading of the title and text of all 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 12, 2023 - 6:00 PM COUNCIL MEMBER CURTIS BROWN TO PARTICIPATE ELECTRONICALLY VIA ZOOM FROM: SHERATON MAUI 2605 KAANAPALI PARKWAY LAHAINA, MAUI, HI 96761 CLOSED SESSION - 5:00 PM CITY MANAGER ANNUAL PERFORMANCE EVALUATION. The City Council convened in closed session pursuant to Government Code Sections 54957 and 54957.6 to evaluate the performance of the City Manager and establish goals and performance objectives for the next year as required by the City Manager's Employment Agreement. CALL TO ORDER at 6:00 PM: Mayor Zak Schwank INVOCATION: Buck Longmore, Retired Firefighter FLAG SALUTE: Mayor Zak Schwank ROLL CALL: Alexander, Brown (virtual), Kalfus, Schwank, Stewart PRESENTATIONS Certificate of Recognition for Captain Matt Hayes Upon Retirement BOARD / COMMISSION REPORTS Community Services Commission and Traffic Safety Commission PUBLIC SAFETY REPORT County of Riverside, Fire Department (CAL FIRE) PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: Laurel Lamont PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the City Council: • Rick Reiss (Item # 16 and # 17) Jared Slusser (Item #16) • Melissa Bourbonnais • Lori Trask (Item #17) • John Leonard (Item # 17) • William Weston (Item #17) • Rebecca (Item # 17) • Bob Kowell (Item # 17) • Yvette Anthony (Item # 17) • Stephanie Dawson (Item # 17) All electronic comments received were made a part of the record of the meeting. 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 Stewart, Second by Kalfus. The vote reflected unanimous approval. 1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. 2. Approve Action Minutes of November 28, 2023 Recommendation: That the City Council approve the action minutes of November 28, 2023. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Approve Financial Statements for the 4th Quarter Ended June 30, 2023 Recommendation: That the City Council: 1. Receive and file the financial statements for the 4th quarter ended June 30, 2023; and 2. Approve the following Fiscal Year 2022-23 Budget Adjustments: a. Increase the Operating Transfers In revenue account (001.199.000.4090) by $5,324 to reflect a higher transfer than anticipated from the Supplemental Law Enforcement Grant Fund ($5,264) and from the Gas Tax Fund ($60). b. Increase the Operating Transfer Out operating account (100.164.999.5901) by $60 to reflect a higher transfer than anticipated to the General Fund. 2 c. Increase the Operating Transfer Out operating account (160.199.999.5901) by $5,264 to reflect a higher transfer than anticipated to the General Fund. d. Increase the Workers' Compensation Claims operating account (305.199.999.5206) by $65,300 to reflect higher than anticipated claims expense. e. Increase the Support Services Replacement Fund Depreciation account (335.199.999.5360) by $34,000 to cover the costs of depreciating assets within this Fund; and 3. Appropriate the following Fiscal Year 2023-24 Expenditures: a. Appropriate $2,000,000 of the year-end General Fund surplus to the Pension Trust (PARS), in accordance with Budget Policy XII in Fiscal Year 2022-23. b. Remit a $2 million Additional Discretionary Payment (ADP) towards the Ca1PERS Pension Unfunded Liability from surplus General Fund Balance. c. Transfer $1,230,474 in surplus General Fund Balance into the CERBT Other Post -Employment Benefits Trust to pay down the unfunded liability. 5. Adopt Ordinance No. 2023-13 Amending Title 5 and 17 of the Temecula Municipal Code Making Various Technical Revisions (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2023-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR REVISIONS TO MASSAGE ESTABLISHMENT, ACCESSORY DWELLING UNIT, HOME OCCUPATION PERMITS, AND TEMPORARY USE PERMIT REGULATIONS, ESTABLISH BATTERY STORAGE AND SHIPPING CONTAINER STANDARDS, CLARIFY THE PERMITTED USES ALLOWED IN THE OPEN SPACE -CONSERVATION DISTRICT, MODIFY THE DEFINITION OF SPECIALTY MARKET AND RESTAURANT, ADD DEFINITION FOR HEALTH AND EXERCISE CLUBS, MAKE OTHER CLERICAL REVISIONS AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061 (13)(3) 6. Award Construction Contract to Beador Construction Company, Inc. for the I-15 Congestion Relief Project, PW 19-02 Recommendation: That the City Council: 7. 8. 1. Award a construction contract to Beador Construction Company, Inc., in the amount of $4,364,300, for the I-15 Congestion Relief Project, PW 19-02; and 2. Authorize the City Manager to approve contract change orders up to 10% of the contract amount, $436,430; and 3. Make a finding that the I-15 Congestion Relief project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval. Approve Withdrawal of Bid by Leonida Builders, Inc., Reject All Other Bids, and Authorize Project to be Rebid for Santa Gertrudis Creek Phase II - Margarita Under -Crossing. PW19-04 Recommendation: That the City Council: 1. Approve the Withdrawal of Bid by Leonida Builders, Inc. for the Santa Gertrudis Creek Phase II - Margarita Under -Crossing, PW 19-04; and 2. Reject all construction bids received for the Santa Gertrudis Creek Phase II - Margarita Under -Crossing, PW 19-04; and 3. Authorize the Department of Public Works to re -advertise the Santa Gertrudis Creek Phase II - Margarita Under -Crossing, PW 19-04 for construction bids. Approve Increase to Construction Contingency Authorization for the Community Recreation Center Renovations - Phase 1. PW 19-07 Recommendation: That the City Council: 1. Approve an increase to the contingency for construction of the Community Recreation Center Renovations - Phase 1, PW19-07 by $70,000; and 2. Increase the City Manager Authority to approve construction contract change orders by $70,000. 9. Accept Improvements and File the Notice of Completion for Traffic Signal - Promenade Mall Ring Road, PW21-15 Recommendation: That the City Council: 1. Accept the Improvements for Traffic Signal - Promenade Mall Ring Road, PW21-15, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond; and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed. 10. Approve Cost Participation Agreement Between the City of Temecula and Wingsweep Corporation and Woodside 05S for Public Improvements Related to the Sommers Bend Project Recommendation: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 2023-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A COST PARTICIPATION AGREEMENT BETWEEN CITY OF TEMECULA AND WINGSWEEP CORPORATION AND WOODSIDE 05S, LP FOR PUBLIC IMPROVEMENTS RELATED TO THE SOMMERS BEND PROJECT 2. Authorize the City Manager to sign the Cost Participation Agreement between the City of Temecula and Wingsweep Corporation and Woodside 05S, LP on behalf of the City of Temecula. RECESS: At 6:52 PM, the City Council recessed and convened as the Temecula Community Services District Meeting, Successor Agency to the Temecula Redevelopment Agency Meeting, and Joint Temecula Public Financing Authority and City Council Meeting. At 6:58 PM the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 16. Introduce Ordinance Amending Title 16 and 17 of the Temecula Municipal Code to Implement the Requirements of Senate Bill 9 Recommendation: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 2023-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF 5 SENATE BILL 9 ("SB 9") (2021) AND MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303 AND 15061(B)(3) Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Kalfus. The vote reflected unanimous approval. BUSINESS 17. Approve Five -Year Agreement for License Plate Recognition with Flock Group, Inc. Recommendation: That the City Council: 1. Approve 80 cameras citywide, annual hardware, and software subscription for five (5) years for a locked in rate of $200,000 per year, for a total of $1,000,000; and 2. Authorize the City Manager to approve contract change orders up to 10% of the total contract, in an amount not to exceed $100,000; and 3. Appropriate $35,000 to supplement the Fiscal Year 2023-24 Police Department Software and Maintenance budget to accommodate the purchase of the additional cameras. Approved the Staff Recommendation (4-1): Motion by Stewart, Second by Schwank. The vote reflected unanimous approval with Alexander opposing. 18. Adopt Resolution Reconstituting the Old Town Local Review Board by Establishing the Old Town Local Advisory Committee Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE OLD TOWN LOCAL REVIEW BOARD BY ESTABLISHING THE OLD TOWN LOCAL ADVISORY COMMITTEE Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Brown. The vote reflected unanimous approval. JOINT MEETING - CITY COUNCIL AND COMMUNITY SERVICES DISTRICT 19. Appoint the Mayor, Mayor Pro Tempore, President and Vice President for Calendar Year 2024 Recommendation: That the City Council/Board of Directors: 6 1. Appoint the Mayor and Mayor Pro Tempore, effective January 1, 2024, to serve in this capacity until December 31, 2024; and 2. Appoint the President and Vice President, effective January 1, 2024 to serve in this capacity until December 31, 2024. Motion to appoint James Stewart as Mayor and Brenden Kalfus as Mayor Pro Tempore (5-0): Motion by Schwank, Second by Brown. The vote reflected unanimous approval. Motion to appoint Zak Schwank as TCSD President and Jessica Alexander as TCSD Vice President (5-0): Motion by Stewart, Second by Schwank. The vote reflected unanimous approval. ITEMS FOR FUTURE CITY COUNCIL AGENDAS CITY MANAGER REPORT CITY ATTORNEY REPORT The City Attorney stated there was no reportable actions from closed session. ADJOURNMENT At 8:49 PM, the City Council meeting was formally adjourned to Tuesday, January 9, 2024, at 5:00 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 9, 2024 SUBJECT: Approve List of Demands PREPARED BY: Tricia Hawk, Finance Manager 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.2024- 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 $14,433,750.95. 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 9th day of January, 2024. James Stewart, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of January, 2024, 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 11/27/2023 - 12/22/2023 TOTAL CHECK RUN: 12/7/2023 TOTAL PAYROLL RUN: 12/21/2023 TOTAL PAYROLL RUN: 12,863,253.80 820,079.07 750,418.08 TOTAL LIST OF DEMANDS FOR 1/9/2024 COUNCIL MEETING: $ 14,433,750.95 Check # Check Date Vendor # Vendor Invoice # Description Invoice Net 601105 12/21/2023 2238 79 FIELD HOCKEY INC 3110.203 TCSD INSTRUCTOR EARNINGS $900.90 301060 12/14/2023 3450 A & C RESTAURANTS GROUP LLC 11/28/23 RFRSHMNTS: CERT CLASS: FIRE $1,415.05 301135 12/20/2023 2435 A LAU LANGUAGE LLC 2038 INTERPRETING SVCS: CITY CLERK $670.00 301135 12/20/2023 2435 A LAU LANGUAGE LLC 2037 INTERPRETING SVCS: CITY CLERK $602.50 301061 12/14/2023 1783 ADVANTAGE MAILING LLC 195433 CONTRACT CLASSES-TCSD ACTIVITY GUIDE $36,541.93 301136 12/20/2023 1206 AFLAC PREMIUM HOLDING C 0 BNB BANK LOCKBOX Ben349872 AFLAC ACCIDENT INDEMNITY PAYMENT $3,043.87 601031 12/12/2023 1943 AIR EXCHANGE INC 91610917 PLYMOVENT SVCS: FIRE STATIONS $3,748.84 300971 11/30/2023 1236 ALL AMERICAN ASPHALT 1166121 ASPHALT SUPPLIES, PW STREET MAINTENANCE $616.90 301062 12/14/2023 1236 ALL AMERICAN ASPHALT 1167247 ASPHALT SUPPLIES, PW STREET MAINTENANCE $479.54 300971 11/30/2023 1236 ALL AMERICAN ASPHALT 1165677 ASPHALT SUPPLIES: STREET MAINT: PW $471.45 300971 11/30/2023 1236 ALL AMERICAN ASPHALT 1165541 ASPHALT SUPPLIES: STREET MAINTENANCE: PW $376.51 301062 12/14/2023 1236 ALL AMERICAN ASPHALT 1166387 ASPHALT SUPPLIES, PW STREET MAINTENANCE $274.53 301062 12/14/2023 1236 ALL AMERICAN ASPHALT 1166898 ASPHALT SUPPLIES: STREET MAINTENANCE: PW $254.30 601106 12/21/2023 1512 ALLEGRO MUSICAL VENTURES INC 27189 PIANO SVCS:THEATER:TCSD $480.00 600981 12/07/2023 1512 ALLEGRO MUSICAL VENTURES INC 27129 PIANO TUNINGS: LIBRARY $280.00 601032 12/12/2023 1609 ALLIED TRAFFIC AND EQUIPMENT RENTALS INC 91472 LIGHT TOWER RENTALS $460.00 301063 12/14/2023 3180 ALTA PLANNING AND DESIGN INC 304.0002023.108 - 5 BIKE AND TRAIL WAYFINDING(LR23-0167) $6,627.50 600921 11/30/2023 3223 AM SIGNAL LLC M28143 TRAFFIC SIGNAL EQUIP ENHANCE FROG - CITYWIDE: PW $447.30 601033 12/12/2023 1418 AMAZON.COM, INC 1T6T-PFYM-DJ1W MISC SUPPLIES: PD $3,036.26 601033 12/12/2023 1418 AMAZON.COM, INC 1JNF-6XPH-14JY MISC SUPPLIES: TVM $1,255.07 601033 12/12/2023 1418 AMAZON.COM, INC 11QL-JMYW-7XLD MISC SUPPLIES: LIBRARY $909.80 601107 12/21/2023 1418 AMAZON.COM, INC 1H3P-11QW-KC6V MISC BOOKS: RHRTPL: TCSD $744.88 601033 12/12/2023 1418 AMAZON.COM, INC 1H3P-11QW-KG6V BOOKS: LIBRARY $744.88 600982 12/07/2023 1418 AMAZON.COM, INC 1XXL-T43F-llP7 OFFICE SUPPLIES: FIRE $558.72 600922 11/30/2023 1418 AMAZON.COM, INC lYM1-YMHP-QWMC MISC SUPPLIES: AQUATICS $558.28 601033 12/12/2023 1418 AMAZON.COM, INC 1361-N776-D9TX MISC SUPPLIES: CRC: TCSD $557.08 600982 12/07/2023 1418 AMAZON.COM, INC 16HJ-TQVV-FVJD SUPPLIES/EQUIPMENT: POLICE $384.59 601107 12/21/2023 1418 AMAZON.COM, INC 19DT-JPMR-YP37 MISC SUPPLIES: CITY CLERK $370.14 600982 12/07/2023 1418 AMAZON.COM, INC 11HH-QVNP-MWTT SMALL TOOLS & EQUIPMENT: FIRE $303.41 600982 12/07/2023 1418 AMAZON.COM, INC 1MVM-MJD6-KNGF MISC SUPPLIES: THEATER $264.26 600982 12/07/2023 1418 AMAZON.COM, INC 1QRG-L9Y6-CHVF SMALL TOOLS & EQUIPMENT: FIRE $261.00 601033 12/12/2023 1418 AMAZON.COM, INC 1FGP-HPGV-43RH ENGINE WASHING AND DETAIL SUPPLIES: FIRE STATIONS $238.16 600982 12/07/2023 1418 AMAZON.COM, INC 14RH-6RT6-C17G ENGINE WASHING AND DETAIL SUPPLIES: FIRE STATIONS $235.08 601033 12/12/2023 1418 AMAZON.COM, INC 19D1-R1DH-CVL9 MISC SUPPLIES: TVM: TCSD $230.28 600982 12/07/2023 1418 AMAZON.COM, INC 1HT1-XPK1-7KHQ SMALL TOOLS & EQUIPMENT: FIRE $228.40 601033 12/12/2023 1418 AMAZON.COM, INC lYFF-JL49-9T3X OFFICE SUPPLIES: FIRE $217.48 601034 12/12/2023 1418 AMAZON.COM, INC 1GKP-TF4N-PTFF MISC SUPPLIES: ECON DEV $199.74 600982 12/07/2023 1418 AMAZON.COM, INC 1K7G-RTPP-K7M1 MISC SUPPLIES: TVM $170.80 600922 11/30/2023 1418 AMAZON.COM, INC 1N46-THWD-N7RY MISC SUPPLIES: SPECIAL EVENTS $160.11 601034 12/12/2023 1418 AMAZON.COM, INC 1NVN-GIG7-GNDH MISC SUPPLIES: HR $155.63 601034 12/12/2023 1418 AMAZON.COM, INC 1HV9-J6XT-J9LQ MISC SUPPLIES: CRC: TCSD $148.70 601034 12/12/2023 1418 AMAZON.COM, INC 1VKQ-K6DC-WWWY MISC SUPPLIES: ECO DEV $146.40 600982 12/07/2023 1418 AMAZON.COM, INC 16HL-RDQY-9YDD REFRESHMENT SUPPLIES: CITY HALL & FOC: PW $144.49 600922 11/30/2023 1418 AMAZON.COM, INC 196V-J3G9-7WP9 MISC SUPPLIES: CRC $128.98 600982 12/07/2023 1418 AMAZON.COM, INC 1MLR-QRGM-JJHT MISC SUPPLIES: TVM $120.38 600983 12/07/2023 1418 AMAZON.COM, INC 1NFX-RTK7-HF9P MISC SUPPLIES: FINANCE $111.93 600983 12/07/2023 1418 AMAZON.COM, INC 167K-YGGM-1FFG MISC SUPPLIES/EQUIPMENT: PW $102.99 601034 12/12/2023 1418 AMAZON.COM, INC 1VQT-CKDR-DQDQ MISC SUPPLIES: INFO TECH $98.15 601034 12/12/2023 1418 AMAZON.COM, INC 1WWM-Y6VK-MC11 MISC SUPPLIES: MRC & MPSC $76.10 601107 12/21/2023 1418 AMAZON.COM, INC 1V4M-lTCP-4YFP SUPPLIES, TOOLS, EQUP: HR $70.24 600922 11/30/2023 1418 AMAZON.COM, INC 1XQK-FPCX-4PGT MISC SUPPLIES: CRC $65.32 601107 12/21/2023 1418 AMAZON.COM, INC 1T3K-6RRX-4WCN MISC SUPPLIES: SPEC EVENTS: TCSD $63.03 601107 12/21/2023 1418 AMAZON.COM, INC 1T9P-KMQG-MRNH MISC SUPPLIES: LIBRARY $61.94 600983 12/07/2023 1418 AMAZON.COM, INC 1HYH-19HY-MGKM OFFICE SUPPLIES: FIRE $55.88 601034 12/12/2023 1418 AMAZON.COM, INC 1LH6-KNP3-D4G1 SMALL TOOLS & EQUIPMENT: FIRE $55.38 600983 12/07/2023 1418 AMAZON.COM, INC 1KRK-F441-DQRC MISC SUPPLIES: TVM $52.04 600922 11/30/2023 1418 AMAZON.COM, INC 17TH-PIXC-XYDW MISC SUPPLIES: CITY CLERK $49.97 601107 12/21/2023 1418 AMAZON.COM, INC 11YN-JJ4Q-CMQ7 MISC SUPPLIES: CITY CLERK $47.14 600983 12/07/2023 1418 AMAZON.COM, INC 1JVG-WCWF-CV7N MISC SUPPLIES: TVM $42.40 601107 12/21/2023 1418 AMAZON.COM, INC 1FV7-KHXP-9FPP MISC SUPPLIES: CITY CLERK $32.60 601034 12/12/2023 1418 AMAZON.COM, INC 1JCX-3JJ7-C93Q MISC SUPPLIES: TCSD: HOMELESS OUTREACH $29.35 601034 12/12/2023 1418 AMAZON.COM, INC 13GF-V9RC-DQ9J OFFICE SUPPLIES: FIRE $27.68 600983 12/07/2023 1418 AMAZON.COM, INC 13GF-V9RC-C9DW SUPPLIES, TOOLS, EQUIPMENT: HR $27.13 601107 12/21/2023 1418 AMAZON.COM, INC 1NCG-7TMH-1L19 MISC SUPPLIES: TVM $25.99 601034 12/12/2023 1418 AMAZON.COM, INC 17XF-H9HT-9GTL MISC OFC SUPPLIES: LAND DEV: PW $23.20 601107 12/21/2023 1418 AMAZON.COM, INC 1PFW-C7CP-PDQV MISC SUPPLIES: ECON DEV $22.83 600983 12/07/2023 1418 AMAZON.COM, INC 1HHH-7XNQ-1Q9Y MISC OFC SUPPLIES: BLDG & SAFETY $21.74 600983 12/07/2023 1418 AMAZON.COM, INC 1WCY-4FXK-TKR6 MISC SUPPLIES: TVM $17.93 600983 12/07/2023 1418 AMAZON.COM, INC 1NCC-7GC6-PYCJ SMALL TOOLS & EQUIPMENT: FIRE $15.81 601108 12/21/2023 1418 AMAZON.COM, INC 1H3P-11QW-934W OFFICE SUPPLIES: FIRE $13.58 600922 11/30/2023 1418 AMAZON.COM, INC 1QQ7-PGNK-1KPC MISC OFC SUPPLIES: TCSD $11.41 600922 11/30/2023 1418 AMAZON.COM, INC 1WCY-4FXK-FCKV MISC SUPPLIES: AQUATICS $7.38 600983 12/07/2023 1418 AMAZON.COM, INC 11HH-QVNP-9VGK SMALL TOOLS & EQUIPMENT: FIRE $5.85 601107 12/21/2023 1418 AMAZON.COM, INC lYFF-JL49-93G1 MISC SUPPLIES: CITY CLERK ($31.53) 601033 12/12/2023 1418 AMAZON.COM, INC 1P3K-TK3R-QFMT SMALL TOOLS & EQUIPMENT: FIRE ($228.40) 601033 12/12/2023 1418 AMAZON.COM, INC 19DT-JPMR-CGGC SMALL TOOLS & EQUIPMENT: FIRE ($365.35) 601035 12/12/2023 1277 AMERICAN BATTERY CORPORATION T 099730 BATTERIES: PW FACILITY MAINT $129.66 600923 11/30/2023 1261 AMERICAN FORENSIC NURSES 78309 DRUG ALCOHOL ANALYSIS: POLICE $2,411.90 601109 12/21/2023 1261 AMERICAN FORENSIC NURSES 78371 JAN STAND BY FEE: POLICE $1,485.90 600923 11/30/2023 1261 AMERICAN FORENSIC NURSES 78310 DRUG ALCOHOL ANALYSIS: POLICE $583.74 601036 12/12/2023 1080 AMERICAN RED CROSS 22645056 STAFF CERTIFICATIONS: AQUATICS: TCSD $437.00 601110 12/21/2023 1080 AMERICAN RED CROSS 22643211 STAFF/LIFEGUARDS CERTS: AQUATICS $205.00 601037 12/12/2023 1000 APPLEONE INC S9692261 TEMPORARY STAFFING SVCS: FINANCE $4,685.12 300972 11/30/2023 1000 APPLEONE INC S9661039 TEMPORARY STAFFING: COMM DEV $3,783.78 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075377 DRINKING WATER SYSTEM MAINT: MARGARITA $258.28 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075394 DRINKING WTR SYS MAINT: CIVIC CTR $213.97 Check a Check Date Vendor p Vendor Invoice p Description Invoice Net 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075336 DRINKING WATER SYSTEM MAINT: CRC AQUATICS $69.60 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075392 DEC DRINKING WTR SYS MAINT: MALL PD $62.53 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075376 DEC DRINKING WTR SYS MAINT: AULD: POLICE $62.53 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075391 DRINKING WATER SYSTEM MAINT: MPSC $35.89 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075385 DRINKING WATER SYSTEM MAINT: LAND DEV/TRAFFIC/CIP $29.36 600984 12/07/2023 1805 AQUA CHILL OF SAN DIEGO 20074973 DRINKING WTR SYS MAINT: LAND DEV/TRAFFIC/CIP $29.36 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075396 DRINKING WTR SYS MAINT: JRC $28.55 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075390 DRINKING WATER SYSTEM MAINT: TVM $28.55 601112 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075393 DRINKING WATER SYSTEM MAINT: FOC $28.55 601112 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075388 DRINKING WATER SYSTEM MAINT: THEATER $28.55 601112 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075387 DRINKING WATER SYSTEM MAINT: LIBRARY $28.55 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075331 DRINKING WATER SYSTEM MAINT: TCC $28.55 600984 12/07/2023 1805 AQUA CHILL OF SAN DIEGO 20074977 DRINKING WATER SRVCS: INFO TECH $28.55 301064 12/14/2023 2777 ARAMARK SERVICES INC 106019938 BEVERAGE SERVICES, FACILITIES $355.03 301064 12/14/2023 2777 ARAMARK SERVICES INC 106019939 BEVERAGE SERVICES, FACILITIES $236.53 301064 12/14/2023 2777 ARAMARK SERVICES INC 7726984 BEVERAGE SERVICES, FACILITIES $111.00 600924 11/30/2023 2917 ARJONA GLORIA PERF: 11/17/23 BRAZILIAN & LATIN JAZZ 11/17/23 $1,089.05 300973 11/30/2023 2442 ASCENT ENVIRONMENTAL INC 20210169.02 - 18 PA22-0105 TEMECULA VALLEY HOSP $325.00 600985 12/07/2023 1107 ASSISTANCE LEAGUE OF TEMECULA VALLEY 11/21/23 CDBG-OPERATION SCHOOL BELL PROG $7,236.00 600986 12/07/2023 3168 ASTER CONSTRUCTION SERVICES INC 5 Revised CONST CONTRACT SVCS: MPSC OUTDOOR REC AREA $197,015.00 301065 12/14/2023 2242 AT&T 487945 LOCATION/ACTIVATION FEES: POLICE $1,000.00 301065 12/14/2023 2242 AT&T 487277 LOCATION/ACTIVATION FEES: POLICE $250.00 600925 11/30/2023 2381 AYERS WILLIAM BRIAN 2928 ELECTRICAL WORK AT VARIOUS CITY FACILITIES: PW $4,200.00 601113 12/21/2023 2381 AYERS WILLIAM BRIAN 2927 ELECTRICAL WORK: BIRDSALL PARK: PW $400.00 601038 12/12/2023 2073 AZTEC LANDSCAPING INC J1656 NOV RESTROOM MAINT: PARKS: PW $9,580.39 601115 12/21/2023 1980 B G P RECREATION INC 4030-4040.2012nd TCSD INSTRUCTOR EARNINGS $3,605.80 601115 12/21/2023 1980 B G P RECREATION INC 4005.204 2nd half TCSD INSTRUCTOR EARNINGS $3,307.50 600926 11/30/2023 1980 B G P RECREATION INC 4045.101 TCSD INSTRUCTOR EARNINGS $354.90 301066 12/14/2023 1669 BAKER AND TAYLOR INC 2037916610 BOOK COLLECTIONS: RHRTPL TCSD $1,671.11 301066 12/14/2023 1669 BAKER AND TAYLOR INC 2037881090 BOOK COLLECTIONS: RHRTPL TCSD $555.40 301066 12/14/2023 1669 BAKER AND TAYLOR INC 2037903380 BOOK COLLECTIONS: RHRTPL TCSD $398.91 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037835231 BOOK COLLECTIONS: RHRTPL TCSD $238.17 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037908461 BOOK COLLECTIONS: RHRTPL TCSD $222.37 301066 12/14/2023 1669 BAKER AND TAYLOR INC 2037916609 BOOK COLLECTIONS: RHRTPL TCSD $191.65 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037934439 BOOK COLLECTIONS: RHRTPLTCSD $126.66 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037908459 BOOK COLLECTIONS: RHRTPLTCSD $122.49 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037913145 BOOK COLLECTIONS: RHRTPLTCSD $91.29 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037934440 BOOK COLLECTIONS: RHRTPLTCSD $22.26 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037908460 BOOK COLLECTIONS: RHRTPL TCSD $13.97 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037934437 BOOK COLLECTIONS: RHRTPL TCSD $12.54 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037908458 BOOK COLLECTIONS: RHRTPLTCSD $11.42 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037934438 BOOK COLLECTIONS: RHRTPLTCSD $10.27 300975 11/30/2023 1909 BAMM PROMOTIONAL PRODUCTS INC 12591 UNIFORMS: ITSS $2,077.67 301067 12/14/2023 1909 BAMM PROMOTIONAL PRODUCTS INC 12612 HOMELESS OUTREACH DIVISION REC SUPPLIES $804.38 601039 12/12/2023 3122 BEARD RYAN 2225.204 TCSD INSTRUCTOR EARNINGS $532.00 601030 12/12/2023 1411 BECKJEANNE M 2023578 PRINTING & MAILING SVCS: BUS LIC RENEWALS $2,957.86 601114 12/21/2023 2524 BEHAVIORAL ANALYSIS TRAINING INC iv03486 STAFFTRAINING: TEM SHERIFF $575.00 601114 12/21/2023 2524 BEHAVIORAL ANALYSIS TRAINING INC iv03483 STAFFTRAINING: TEM SHERIFF $575.00 301068 12/14/2023 1917 BEISTLE COMPANY THE 116398 SPECIAL EVENT SUPPLIES: FIRE PREVENTION & STATIONS $1,767.20 301069 12/14/2023 2150 BELTZJON 163 MISC VIDEOGRAPHY SERVICES: CITY MANAGER $2,500.00 300976 11/30/2023 2935 BETTS KENNETH 1900.206-1910.206 TCSD INSTRUCTOR EARNINGS $2,254.00 301138 12/20/2023 2935 BETTS KENNETH 1900.205-1905.205 TCSD INSTRUCTOR EARNINGS $1,561.70 301070 12/14/2023 1264 BID TOX LABORATORIES 45140 PHLEBOTOMY SERVICES: PD $3,625.84 301070 12/14/2023 1264 BIO TOX LABORATORIES 45139 PHLEBOTOMY SERVICES: PD $2,472.14 301070 12/14/2023 1264 BIO TOX LABORATORIES 45201 PHLEBOTOMY SERVICES: PD $240.00 601040 12/12/2023 1101 BLUETRITON BRANDS INC 031-6702622575 WATER DELIVERY SERVICES ATTHE TVE2 $21.74 600987 12/07/2023 1101 BLUETRITON BRANDS INC 03K0035623057 WATER DELIVERY SVCS: PW $21.74 600987 12/07/2023 1101 BLUETRITON BRANDS INC 03K6705212167 WATER DELIVERY SVCS: PW $11.95 601040 12/12/2023 1101 BLUETRITON BRANDS INC 03K0036263176 HELP CENTER WATER SERVICE $2.60 301041 12/07/2023 1631 BONCOR WATER SYSTEMS LLC 78958911/08/23 WATER FILTER REPLACEMENT: STATION 73 $330.00 301071 12/14/2023 1181 BOYS & GIRLS CLUB CSF Ck Req 12/01/23 COMMUNITY SERVICE FUNDING REINVEST IN TEMECULA $13,488.10 600927 11/30/2023 1579 BOZONELOS BOB Art Nights 11/3/23 MUSIC PERFORMANCE: ART NIGHTS: TCSD $300.00 601041 12/12/2023 2612 BRAND ASSASSINS 22655 FY 23-24 BANNER PROGRAM MAINTENANCE/NEW BANNERS $1,909.05 600988 12/07/2023 2415 BRAUN PETER 3969 PLANT MAINTENANCE: PW FACILITIES $500.00 600988 12/07/2023 2415 BRAUN PETER 3976 PLANT MAINTENANCE: PW FACILITIES $200.00 600989 12/07/2023 2622 BROWN JAMAL DEON 2300.205-2310.205 TCSD INSTRUCTOR EARNINGS $2,142.00 601116 12/21/2023 2836 BRYANT ROBERT 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301044 12/07/2023 2659 ELLIS BRENDA JEAN Perf: Rug Hooking PERF: RUG HOOKING DEMONSTRATION $200.00 601000 12/07/2023 3265 EMPIRE ECONOMICS 10/31/23 PRICE POINT STUDY SVCS- CFD 20 $3,725.00 301144 12/20/2023 3460 ENGSTROM LIPSCOMB & LACK Settlement SETTLEMENT OF CLAIM PER AGREEMENT $350,000.00 301082 12/14/2023 1004 ESGIL LLC 128554 Revised SEP PLAN CK SVCS: COMDEV $16,047.18 301145 12/20/2023 2469 EXP US SERVICES INC 134781 SANTA GERTRUDIS CREEK PHASE II $10,804.25 300989 11/30/2023 1892 FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY INC Aug -Oct '23 AUG-Oct'23 SUB -RECIPIENT: FAIR HOUSING SVCS $4,128.94 300990 11/30/2023 2116 FALCON ENGINEERING SERVICES 2023-7 I-15/FRENCH VALLEY PARKWAY IMP $362,580.80 300991 11/30/2023 1005 FEDERAL EXPRESS INC 8-314-02001 EXP MAILINGS SVCS: HR $27.58 301083 12/14/2023 1005 FEDERAL EXPRESS INC 8-334-33247 EXPRESS MAILING: THEATER: TCSD $12.85 300991 11/30/2023 1005 FEDERAL EXPRESS INC 8-314-02002c EXPRESS MAILING SVCS: CIP: PW $9.73 300991 11/30/2023 1005 FEDERAL EXPRESS INC 8-321-41778 EXPRESS MAILING SVCS: LAND DEV: PW $9.73 300991 11/30/2023 1005 FEDERAL EXPRESS INC 8-314-02002a EXPRESS MAILINGS SVCS: LAND DEV: PW $8.17 301083 12/14/2023 1005 FEDERAL EXPRESS INC 8-327-59653 EXPRESS MAILING SVCS: CIP: PW $8.17 601001 12/07/2023 1600 FEHR AND PEERS 168523 OLD TOWN TECHNOLOGY BASED PARKING DATA COLLECTION $1,890.00 301045 12/07/2023 1219 FINE ARTS NETWORK Adv Tix: Nutcracker ADVANCE TICKET SALES: NUTCRACKER $20,000.00 601054 12/12/2023 1219 FINE ARTS NETWORK CSF: GRANT PRGM CSF: PUMP UP THE VOLUME $10,000.00 601002 12/07/2023 1219 FINE ARTS NETWORK Adv Tix: Legally Blo ADV TICKETS: LEGALLY BLONDE $4,200.00 601002 12/07/2023 1219 FINE ARTS NETWORK Adv Tix: Mean Girls ADVANCE TIX SALES: MEAN GIRLS HS $3,500.00 600937 11/30/2023 1219 FINE ARTS NETWORK PERF: 11/18/23 THE PRINCESSES IN CONCERT 11/18/23 $1,565.60 301084 12/14/2023 1037 FIRST STUDENT CHARTER SF-055738 SDC TRANSPORTATION $859.70 600938 11/30/2023 1871 FLATIRON WEST INC 6 1-15/FV PKWY IMPROVEMENTS: PH II: CIP $2,442,545.73 301056 12/12/2023 3417 FORE GREEN DEVELOPMENT LLC Refund: PA23-0057 REFUND: COMDEV APPLICATION WITHDRAWL $8,923.50 601055 12/12/2023 2643 FORENSIC NURSING OF SOCAL INC 2424 SART EXAMS $1,200.00 601055 12/12/2023 2643 FORENSIC NURSING OF SOCAL INC 2425 SART EXAMS $1,200.00 300992 11/30/2023 3406 FREEDOM FOREVER Refund: B23-1743 REFUND: BUILDING PERMIT: B23-1743 $147.36 600939 11/30/2023 1875 FREIZE UHLER KIMBERLY 8911 Straw Hat GENERAL:STRAW HATS: RM $2,214.05 601128 12/21/2023 1940 EE#494 Reimb: 12/08/23 REIMBURSEMENT: SUPPLIES $148.39 301085 12/14/2023 1497 FULL COMPASS SYSTEMS INCO2439944 SOUND/LIGHTING & MISC SUPPLIES: THEATER $460.11 300993 11/30/2023 1497 FULL COMPASS SYSTEMS INCO2431319 SOUND/LIGHTING & MISC SUPPLIES: THEATER $99.09 300993 11/30/2023 1497 FULL COMPASS SYSTEMS INCO2432225 SOUND/LIGHTING & MISC SUPPLIES: THEATER $22.36 601129 12/21/2023 2754 EE # 571 Team Pace 12/14/23 REIMB: TEAM PACE 12/14/23 $250.00 601056 12/12/2023 2374 GEORGE HILLS COMPANY INC INV1027081 CLAIMS TPA: RM $2,466.20 601057 12/12/2023 1315 GOLDEN STATE FIRE PROTECTION 13201 FIRE SPRINKLER REPAIR: TCC: PW $950.00 301146 12/20/2023 1523 GOLDEN VALLEY MUSIC SOCIETY Sttlmnt: 12/11/23 STTLMNT: CANDLELIGHT CLASSICS: TCSD $1,008.00 301146 12/20/2023 1523 GOLDEN VALLEY MUSIC SOCIETY Sttlmnt: 11/12 CLASSICS @ THE MERC 11/12/23 $175.00 301000 11/30/2023 3095 GONZALEZ JAVIER I 1458 HVAC SUPPLES: FACILITY MAINT $766.67 301000 11/30/2023 3095 GONZALEZ JAVIER I 1461 HVAC SUPPLIES: FACILITY MAINT $247.95 301092 12/14/2023 3095 GONZALEZ JAVIER 1 1466 SMALLTOOLS & EQUIPMENT: FIRE STATIONS $216.85 Check # Check Date Vendor # Vendor Invoice # Description Invoice Net 301000 11/30/2023 3095 GONZALEZ JAVIER I 1456 HVAC SUPPLIES: FACILITY MAINT $157.69 301047 12/07/2023 3095 GONZALEZ JAVIER I 1452 HVAC SUPPLIES: FACILITY MAINT $146.80 301047 12/07/2023 3095 GONZALEZ JAVIER I 1447 HVAC SUPPLIES: FACILITY MAINT $107.23 301092 12/14/2023 3095 GONZALEZ JAVIER I 1472 HVAC SUPPLIES: FACILITY MAINT $79.58 301092 12/14/2023 3095 GONZALEZ JAVIER I 1451 HVAC SUPPLIES: FACILITY MAINT $62.80 301092 12/14/2023 3095 GONZALEZ JAVIER I 1467 HVAC SUPPLIES: FACILITY MAINT $59.64 301086 12/14/2023 2138 GOVCONNECTION INC 20240827 TRAFFIC SWITCHES: INFOTECH $11,938.21 601058 12/12/2023 1225 GRAINGER 9919240037 MISC PARKSUPPLIES: PARKS: PW $219.37 301127 12/14/2023 1383 HANCOCKLORENA 3700.205-3710.205 TCSD INSTRUCTOR EARNINGS $1,316.00 300994 11/30/2023 1009 HANKS HARDWARE INC 2664/Oct-a MISC MAINT SUPPLIES: MPSC $2,218.87 301148 12/20/2023 1009 HANKS HARDWARE INC 2641/Nov-B SUPPLIES: STREETS ANDTRAFFIC MAINT $1,152.13 301148 12/20/2023 1009 HANKS HARDWARE INC 2706/Nov SMALL TOOLS/EQUIP FACILITIES MAINT: AQUATICS $1,147.55 301046 12/07/2023 1009 HANKS HARDWARE INC 2702/Oct-b SMALL TOOLS/EQUIP: TVM $913.43 301148 12/20/2023 1009 HANKS HARDWARE INC 2708/Nov SMALL TOOLS/EQUIP FACILITIES MAINT: OLD TOWN $490.37 301148 12/20/2023 1009 HANKS HARDWARE INC 2641/Nov-A SMALL TOOLS/EQUIP FACILITIES MAINT: STREET MAINT $464.91 301087 12/14/2023 1009 HANKS HARDWARE INC 2664/Nov SMALL TOOLS/EQUIP FACILITIES MAINT $328.52 301148 12/20/2023 1009 HANKS HARDWARE INC 2670/Nov-B SMALL TOOLS/EQUIP FACILITIES MAINT: TCC $299.06 301148 12/20/2023 1009 HANKS HARDWARE INC 2734/Nov SMALL TOOLS/EQUIP: LIBRARY $227.49 300994 11/30/2023 1009 HANKS HARDWARE INC 2664/Oct-b HARDWARE SUPPLIES, SENIOR CENTER REHAB $195.75 301087 12/14/2023 1009 HANKS HARDWARE INC 2702/Nov SMALL TOOLS/EQUIP FACILITIES MAINT $187.03 301087 12/14/2023 1009 HANKS HARDWARE INC 2716/Nov SMALL TOOLS/EQUIP FACILITIES MAINT $164.79 301148 12/20/2023 1009 HANKS HARDWARE INC 2733/Nov MISC SUPPLIES: TRAFFIC MAINT: PW $137.04 301046 12/07/2023 1009 HANKS HARDWARE INC 2702/Oct MISC MAINT SUPPLIES: TVM $38.53 301087 12/14/2023 1009 HANKS HARDWARE INC 2107/Nov SMALL TOOLS/EQUIP FACILITIES MAINT $4.34 300995 11/30/2023 2225 HASAINC 930161 POOLSANTIZING CHEMICALS: CITY POOLS $814.07 301149 12/20/2023 2225 HASA INC 813.97 POOL SANTIZING CHEMICALS: CITY POOLS $813.97 300970 11/30/2023 1110 HEALTH AND HUMAN RESOURCE CENTER INC E0304085 NOV EMPLOYEE ASSISTANCE PRGM: HR $1,864.55 600940 11/30/2023 1093 HEALTHPOINTE MEDICAL GROUP INC 42612-4159535 MED EMPLOYMENT SCREENING: HR $170.00 601059 12/12/2023 1093 HEALTHPOINTE MEDICAL GROUP INC 42612-4179856 MED EMPLOYMENT SCREENING: HR $50.00 301088 12/14/2023 3264 HERNANDEZ CELLINA Reimb: CNOA Conf REIMB: CNOATRAINING CONF: 11/17-11/21: PD $277.08 601003 12/07/2023 2235 HICKS AND HARTWICK INC 8271 ENG PLAN CHECK SRVCS: PRADO: LAND DEV $1,519.00 301089 12/14/2023 1083 HINDERLITER DE LLAMAS &ASSOC SIN033575 OCT-DEC SALES TAX &RECOVERY SVCS $9,147.15 601060 12/12/2023 2547 HINER DOUGLAS 2023-November UMPIRE OFFICIATING SVCS: CITY ADULT SOFTBALL $1,890.00 300996 11/30/2023 1192 HOME DEPOT 3370485 WINDOW BLINDS, TVE2 PW $3,446.92 301090 12/14/2023 1192 HOME DEPOT 1972482 CONSTRUCTION SVCS:PW-CIP, PW17-21 MRC $3,161.36 300996 11/30/2023 1192 HOME DEPOT 9971872 MISC HRDWR SUPPLIES: MTC YARD $541.58 300996 11/30/2023 1192 HOME DEPOT 7972665 MISC HRDWR SUPPLIES: FOC: PW $284.47 300996 11/30/2023 1192 HOME DEPOT 0973033 MISC SUPPLIES: CIVIC CENTER: PW $254.15 300996 11/30/2023 1192 HOME DEPOT 8032583 MISC HRDWR SUPPLIES: CIVIC CTR: PW $194.45 300996 11/30/2023 1192 HOME DEPOT 9972540 MISC HRDWR SUPPLIES: CIVIC CTR: PW $46.09 300997 11/30/2023 1620 HOSPICE OF THE VALLEY Ck Req Jul-Sep'23 CDBG-SENIOR ASSISTANCE PROGRAM $3,576.67 601061 12/12/2023 2233 HOWELL, ANN MARIE COT_CMO_1123 GRAPHIC DESIGN SERVICES: CM $825.00 600941 11/30/2023 2233 HOWELL, ANN MARIE COT _ECONDEV_1123 BANNER STAND: HR $734.25 601062 12/12/2023 1585 I P C INDUSTRIES INC O1-170015 GOLF CART RENTALS: TCSD $6,958.69 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 2023105 WEED ABATEMENT: COMM DEV $4,417.00 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40218 WEED ABATEMENT: COMM DEV $2,532.00 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40115 WEED ABATEMENT: COMM DEV $2,087.00 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40107 WEED ABATEMENT: COMM DEV $1,447.00 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40109 WEED ABATEMENT: COMM DEV $1,182.00 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40113 WEED ABATEMENT: COMM DEV $1,182.00 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40083 WEED ABATEMENT: COMM DEV $1,152.00 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40121 WEED ABATEMENT: COMM DEV $1,137.00 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40106 WEED ABATEMENT: COMM DEV $862.00 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40059 WEED ABATEMENT: COMM DEV $842.00 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40110 WEED ABATEMENT: COMM DEV $842.00 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40056 WEED ABATEMENT: COMM DEV $714.50 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40079 WEED ABATEMENT: COMM DEV $687.00 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40111 WEED ABATEMENT: COMM DEV $687.00 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40058 WEED ABATEMENT: COMM DEV $642.00 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40093 WEED ABATEMENT: COMM DEV $607.00 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40105 WEED ABATEMENT: COMM DEV $597.00 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40091 WEED ABATEMENT: COMM DEV $532.00 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40057 WEED ABATEMENT: COMM DEV $487.00 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40087 WEED ABATEMENT: COMM DEV $477.00 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40047 WEED ABATEMENT: COMM DEV $377.00 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40061 WEED ABATEMENT: COMM DEV $377.00 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40062 WEED ABATEMENT: COMM DEV $377.00 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40092 WEED ABATEMENT: COMM DEV $377.00 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40077 WEED ABATEMENT: COMM DEV $377.00 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40063 WEED ABATEMENT: COMM DEV $349.50 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40084 WEED ABATEMENT: COMM DEV $322.00 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40080 WEED ABATEMENT: COMM DEV $322.00 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40108 WEED ABATEMENT: COMM DEV $300.75 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40112 WEED ABATEMENT: COMM DEV $287.00 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40221 WEED ABATEMENT: COMM DEV $259.50 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40052 WEED ABATEMENT: COMM DEV $222.00 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40076 WEED ABATEMENT: COMM DEV $222.00 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40086 WEED ABATEMENT: COMM DEV $222.00 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40078 WEED ABATEMENT: COMM DEV $222.00 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40082 WEED ABATEMENT: COMM DEV $208.25 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40081 WEED ABATEMENT: COMM DEV $197.00 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40042 WEED ABATEMENT: COMM DEV $197.00 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40044 WEED ABATEMENT: COMM DEV $197.00 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40041 WEED ABATEMENT: COMM DEV $197.00 601134 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40043 WEED ABATEMENT: COMM DEV $197.00 600943 11/30/2023 2564 INLAND FLEET SOLUTIONS INC 6744 VEHICLE AND EQUIPMENT REPAIR, STREET MAINTENANCE $274.37 Check # Check Date Vendor # Vendor Invoice # Description Invoice Net 600943 11/30/2023 2564 INLAND FLEET SOLUTIONS INC 6746 VEHICLE AND EQUIPMENT REPAIR, STREET MAINTENANCE $230.01 600943 11/30/2023 2564 INLAND FLEET SOLUTIONS INC 6745 VEHICLE AND EQUIPMENT REPAIR, STREET MAINTENANCE $221.32 301091 12/14/2023 1533 INLAND VALLEY CLASSICAL BALLET THEATRE Sttlmnt: Nutcracker TICKET SALES SETTLEMENT "NUTCRACKER" 11/24-11/26 $27,559.23 601004 12/07/2023 1396 INNOVATIVE DOCUMENT SOLUTIONS 253397 REPLACEMENT COPIER:TVM $6,588.95 601004 12/07/2023 1396 INNOVATIVE DOCUMENT SOLUTIONS 255625 OCT COPIER MAINT/REPAIR/USAGE: CITYWIDE $5,378.52 601004 12/07/2023 1396 INNOVATIVE DOCUMENT SOLUTIONS 255616 OCT COPIER MAINT/REPAIR/USAGE: CITYWIDE $577.73 301150 12/20/2023 3035 INTERFLEX PAYMENT LLC Ben349886 CHILD CARE REIMBURSEMENT FSA PAYMENT $25,675.79 300998 11/30/2023 3035 INTERFLEX PAYMENT LLC INV664968 FSA/COBRA: HR $450.50 301157 12/20/2023 1072 INTERNATIONAL PUBLIC MANAGEMENT ASSOCIATION FOF INV-78897-T2D2C9 MEMBERSHIP RENEWAL: HR $1,137.00 600945 11/30/2023 2085 INTERPRETERS UNLIMITED 43696 TRANSLATION SERVICES: PD $134.28 600944 11/30/2023 2085 INTERPRETERS UNLIMITED 351132 TRANSLATION SERVICES: PD $9.00 300999 11/30/2023 1196 INTL CODE COUNCIL Q15.000013890 MEMBERSHIP RENEWAL: BLDG&SAFETY $292.00 601005 12/07/2023 2955 INTL LINE BUILDERS INC 902904R RETENTION RELEASE: CONTRACT WITHHOLDING: 2022-222 $21,379.47 601136 12/21/2023 33771TERIS INC 164649 TRAFFIC SIGNAL MAINTENANCE: PW-TRAFFIC $9,602.63 601135 12/21/2023 3377 ITERIS INC 164730 TRAFFIC SIGNAL MAINTENANCE: PW-TRAFFIC $3,806.25 601064 12/12/2023 1719 JACOBS HOUSE INC Ben349874 EMPLOYEE CHARITY DONATIONS: PAYMENT $40.00 301093 12/14/2023 3197 JDS VIDEO & MEDIA PRODUCTIONS INC 3630 PROMOTIONAL VIDEOGRAPHY SERVICES: CM $3,500.00 301093 12/14/2023 3197 JDS VIDEO & MEDIA PRODUCTIONS INC 3610 PROMOTIONAL VIDEOGRAPHY SERVICES: CM $500.00 301093 12/14/2023 3197 JDS VIDEO & MEDIA PRODUCTIONS INC 3587 PROMOTIONAL VIDEOGRAPHY SERVICES: CM $500.00 601137 12/21/2023 2498 JETE PRODUCTS LLC Sttlmnt: Nutcracker STTLEMENT: THE NUTCRACKER BALLET AT EUROPA VILLAGE $1,213.90 601065 12/12/2023 2475 JP HANDMADE CORP 68441 BUSINESS CARDS-HR $206.54 601007 12/07/2023 2475 JP HANDMADE CORP 68388 BUSINESS CARDS: PW - LAND DEV $81.82 600946 11/30/2023 1248 JTB SUPPLY COMPANY INC 112731 LED LIGHTS, TRAFFIC MAINTENANCE $3,543.00 600947 11/30/2023 1090 KEYSER MARSTON ASSOCIATES INC 0038263 SB-9 FISCAL ANALYSIS: LR22-0158 $9,254.38 600948 11/30/2023 2714 EE#630 11/27/23 REIMB: EMPLOYEE LUNCHEON $339.60 601138 12/21/2023 2714 EE # 630 Team Pace 12/14/23 REIMB: TEAM PACE 12/14/23 $250.00 600949 11/30/2023 1975 KRACH BREE B 200027 EMPLOYEE RECOGNITION:HR $108.75 601008 12/07/2023 1975 KRACH BREE B 200015 EMPLOYEE RECOGNITION: CITY CNL $71.23 600949 11/30/2023 1975 KRACH BREE B 200009 EMPLOYEE RECOGNITION:HR $63.62 600949 11/30/2023 1975 KRACH BREE B 200058 EMPLOYEE RECOGNITIOWHR $53.29 301094 12/14/2023 1136 LAKE ELSINORE ANIMAL FRIENDS Nov'23 NOV'23 ANIMAL CONTROL SERVICES $10,762.50 301057 12/12/2023 2654 LAMB GREG 1846 DECEMBER EMPLOYEE LUNCHEON $7,464.00 600950 11/30/2023 1050 LEIGHTON AND ASSOCIATES INC 60343 GEOTECHNICAL SERVICES,CIP-PW, PW22-11, ON -CALL AG $4,850.00 601139 12/21/2023 1050 LEIGHTON AND ASSOCIATES INC 60511 GEOTECHNICAL CONSULTING (PA23-0321) $4,590.00 301095 12/14/2023 1923 LLOYDS DESIGNS 1260 VARIOUS GRAPHIC DESIGNS: TCSD $3,000.00 301001 11/30/2023 2041 EE#509 Reimb: Supplies REIMB: SUPPLIES $65.10 301096 12/14/2023 3467 LUCAS CARLOS Reimb: Conf 11/17/23 REIMB: CNOA CONFERENCE $312.23 301097 12/14/2023 1806 M C I COMM SERVICE NOV 7DK89878 NOV 7DK89878 XXX-0714 USAGE MALL PD $37.30 301097 12/14/2023 1806 M C I COMM SERVICE NOV 7DK90589 NOV 7DK90589 XXX-3046 GEN USAGE $35.99 301098 12/14/2023 3423 MAGIC FAST FOODS CORP Refund: PA22-1012 REFUND: PLANNING APPLICATION CANCELLATION $2,124.00 301002 11/30/2023 1224 MAIN STREET SIGNS 43232 VARIOUS SIGNS & SUPPLIES: STREET MAINT $5,996.91 301002 11/30/2023 1224 MAIN STREET SIGNS 43230 VARIOUS SIGNS & SUPPLIES: STREET MAINT $3,829.31 301002 11/30/2023 1224 MAIN STREET SIGNS 43233 VARIOUS SIGNS & SUPPLIES: STREET MAINT $760.87 301002 11/30/2023 1224 MAIN STREET SIGNS 43231 VARIOUS SIGNS & SUPPLIES: STREET MAINT $652.17 301099 12/14/2023 1224 MAIN STREET SIGNS 41396 VARIOUS SUPPLIES AND SIGNS: PW PARKS $626.13 301002 11/30/2023 1224 MAIN STREET SIGNS 43234 VARIOUS SUPPLIES AND SIGNS: PW PARKS $337.07 601009 12/07/2023 3031 MAKELELE SYSTEMS LANDSCAPE & MAINTENANCE INC 2649-Rev RCWD RECYCLED WATER ACCELERATE $4,800.00 601010 12/07/2023 1243 MANALILI DE VILLA AILEEN 1200-1206.203 TCSD INSTRUCTOR EARNINGS $1,577.10 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3190 TREE TRIMMING: VINTAGE HILLS: PW $9,629.79 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3181 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $9,454.77 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3121 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $8,536.64 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3131 ANNUAL RIGHT OF WAY TREE TRIMMING, REMOVALS & PLAN $7,333.93 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3178 TREE TRIMMING: HARVESTON LAKE PARK: PW $6,913.56 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3125 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $6,418.38 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3134 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $4,013.19 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3189 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $3,649.26 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 2577.20 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $2,577.20 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3132 TREE REMOVALS: TRADEWINDS SLOPE: PW $2,297.72 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3124 ANNUAL RIGHT OF WAY TREE TRIMMING, REMOVALS & PLAN $1,824.56 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3180 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $1,790.87 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3133 TREE TRIMMING: VINTAGE HILLS: PW $1,622.08 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3184 ANNUAL RIGHT OF WAY TREE TRIMMING, REMOVALS & PLAN $1,013.80 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3187 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $1,013.80 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3123 ANNUAL RIGHT OF WAY TREE TRIMMING, REMOVALS & PLAN $963.55 601066 12/12/2023 2619 MARIPOSA TREE MANAGEMENT INC 3183 ANNUAL RIGHT OF WAY TREE TRIMMING, REMOVALS & PLAN $792.40 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3185 TREE TRIMMING: VILLAGES SLOPE: PW $608.28 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3139 EMERGENCY SLOPE TREE SERVICES $608.28 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3179 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $541.85 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3128 ANNUAL RIGHT OF WAY TREE TRIMMING, REMOVALS & PLAN $503.55 601141 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3188 TREE TRIMMING: RANCHO HIGHLANDS: PW $405.52 601066 12/12/2023 2619 MARIPOSA TREE MANAGEMENT INC 3186 ANNUAL RIGHT OF WAY TREE TRIMMING, REMOVALS & PLAN $405.52 600952 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3136 TREE TRIMMING: SIGNET SERIES: PW $405.52 600952 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3135 EMERGENCY SLOPE TREE SERVICES $405.52 600952 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3126 TREE TRIMMING: VILLAGES SLOPE: PW $405.22 601066 12/12/2023 2619 MARIPOSA TREE MANAGEMENT INC 3182 ANNUAL RIGHT OF WAY TREE TRIMMING, REMOVALS & PLAN $316.96 600952 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3130 TREE TRIMMING: RANCHO HIGHLANDS: PW $279.75 601066 12/12/2023 2619 MARIPOSA TREE MANAGEMENT INC 3177 ANNUAL RIGHT OF WAY TREE TRIMMING, REMOVALS & PLAN $272.64 600952 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3127 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $272.64 601011 12/07/2023 2376 MARK THOMAS AND COMPANY 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ANTHONY J 2040.206-2065.204 INSTRUCTOR $875.00 601071 12/12/2023 1240 MORAMARCO ANTHONY J 11/17/23 ART EVENTS & MURALS $400.00 601148 12/21/2023 2081 MUSIC CONNECTION LLC Sttlmnt: 12/09/23 SPEAKEASY @ THE MERC: 12/09/23 $572.60 600960 11/30/2023 2081 MUSIC CONNECTION LLC PERF: 11/11/23 SPEAKEASY @ THE MERC 11/11/23 $520.80 600961 11/30/2023 2268 MUSSON THEATRICAL INC 00468686 SOUND/LIGHTING SUPPLIES: THEATER $356.11 600961 11/30/2023 2268 MUSSON THEATRICAL INC 00446380 SOUND/LIGHTING SUPPLIES: THEATER ($2.00) 600961 11/30/2023 2268 MUSSON THEATRICAL INC 00446669 SOUND/LIGHTING SUPPLIES: THEATER ($36.36) 301101 12/14/2023 2450 NATIONAL BUSINESS FURNITURE LLC MK599785-TDQ NATIONAL BUSINESS FURNITURE -AQUATICS $1,171.93 301102 12/14/2023 2032 NATIONAL SAFETY COMPLIANCE INC 96127 DOT-RISK/HR $299.80 301005 11/30/2023 2500 NETWRIX CORPORATION #INV-NW99089 DATA CLASSIFICATION SOFTWARE RENEWAL $15,774.70 601149 12/21/2023 2578 NIEVES LANDSCAPE INC 75966 LANDSCAPE SVCS: PARKS AND MEDIANS $77,622.00 601149 12/21/2023 2578 NIEVES LANDSCAPE INC 75964 LANDSCAPE MAINTENANCE SERVICES LEVEL C SLOPES $62,010.00 601149 12/21/2023 2578 NIEVES LANDSCAPE INC 75962 LANDSCAPE SVCS: PARKS AND MEDIANS $56,141.00 601149 12/21/2023 2578 NIEVES LANDSCAPE INC 75961 LANDSCAPE SVCS: PARKS AND MEDIANS $23,159.00 601072 12/12/2023 2578 NIEVES LANDSCAPE INC 75960 LANDSCAPE MAINTENANCE SVCS: FACILITIES $11,245.00 601149 12/21/2023 2578 NIEVES LANDSCAPE INC 75963 LANDSCAPE SVCS: HARVESTON LAKE $4,031.00 601072 12/12/2023 2578 NIEVES LANDSCAPE INC 75959 LANDSCAPE SVCS: FIRE STATIONS $2,068.00 601149 12/21/2023 2578 NIEVES LANDSCAPE INC 75965 LANDSCAPE MAINTENANCE SERVICES LEVEL C SLOPES $106.00 301103 12/14/2023 2571 NORMAN ATRAUB &ASSOCIATES LLC 23070.1 WRKPLACE INVESTIGATIONS: HR $4,272.08 301103 12/14/2023 2571 NORMAN ATRAUB &ASSOCIATES LLC 23100 WRKPLACE INVESTIGATIONS: HR $2,921.92 301103 12/14/2023 2571 NORMAN ATRAUB &ASSOCIATES LLC 23070.2 WRKPLACE INVESTIGATIONS: HR $2,702.50 301058 12/12/2023 1375 NORTH JEFFERSON BUSINESS PARK 1078358/JAN-MAR JAN-MAR'24 ASSN DUES 8358 #20: FV $642.62 301058 12/12/2023 1375 NORTH JEFFERSON BUSINESS PARK 1200155/JAN-MAR JAN-MAR'24 ASSN DUES 0155 #19: FV $618.17 301058 12/12/2023 1375 NORTH JEFFERSON BUSINESS PARK 1121810/JAN-MAR JAN-MAR'24 ASSN DUES 1810 #16: FV $571.82 301058 12/12/2023 1375 NORTH JEFFERSON BUSINESS PARK 1078329/JAN-MAR JAN-MAR'24 ASSN DUES 8329 #17: FV $531.43 601150 12/21/2023 1511 NV51NC 361908 MARGARITA RECREATION CENTER $42,556.25 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27625 VEHICLE REPAIR/MAINTENANCE $1,557.40 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27686 VEHICLE REPAIR / MAINTENANCE $1,338.20 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27540 VEHICLE REPAIR/MAINTENANCE $1,324.66 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27682 VEHICLE REPAIR / MAINTENANCE $1,226.47 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27841 VEHICLE REPAIR/MAINTENANCE $1,075.27 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27432 VEHICLE REPAIR / MAINTENANCE $994.62 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27823 VEHICLE REPAIR MAINTENANCE $924.06 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27474 VEHICLE REPAIR / MAINTENANCE $731.28 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27754 VEHICLE REPAIR MAINTENANCE $495.20 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27822 VEHICLE REPAIR / MAINTENANCE $453.96 301007 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27810 VEHICLE REPAIR MAINTENANCE $358.74 601074 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73314 VEHICLE MAINTENANCE - PARKS & FACILITIES $1,386.45 601074 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73153 VEHICLE MAINTENANCE: TCC $1,342.14 601074 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73213 VEHICLE MAINTENANCE- STREET MAINTENANCE $1,124.65 601074 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 71791 VEHICLE MAINTENANCE - PARKS & FACILITIES $1,075.34 601073 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73427 VEHICLE MAINTENANCE - PARKS & FACILITIES $382.16 601014 12/07/2023 2496 OLD TOWN TIRE AND SERVICE INC 73341 VEHICLE MAINTENANCE- STREET MAINTENANCE $348.94 Check a Check Date Vendor p Vendor Invoice p Description Invoice Net 600962 11/30/2023 2496 OLD TOWN TIRE AND SERVICE INC 73331 VEHICLE REPAIR / MAINTENANCE $321.47 601073 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73377 SERVICE TO BUS & VAN: MPSC $311.90 601074 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73294 BUILDING INSPECTOR VEHICLE MAINTENANCE $268.49 601014 12/07/2023 2496 OLD TOWN TIRE AND SERVICE INC 73324 VEHICLE MAINTENANCE - PARKS & FACILITIES $263.99 600962 11/30/2023 2496 OLD TOWN TIRE AND SERVICE INC 73176 VEHICLE MAINTENANCE- STREET MAINTENANCE $260.71 601074 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73383 VEHICLE MAINTENANCE: FIRE $193.07 601074 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73366 VEHICLE MAINTENANCE - PARKS & FACILITIES $185.18 601014 12/07/2023 2496 OLD TOWN TIRE AND SERVICE INC 73232 VEHICLE MAINTENANCE - PARKS & FACILITIES $125.38 601074 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73279 BUILDING INSPECTOR VEHICLE MAINTENANCE $87.98 601074 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 71848 VEHICLE MAINTENANCE: FIRE $62.96 600962 11/30/2023 2496 OLD TOWN TIRE AND SERVICE INC 73260 VEHICLE MAINTENANCE- STREET MAINTENANCE $60.09 601014 12/07/2023 2496 OLD TOWN TIRE AND SERVICE INC 73273 SERVICE TO BUS & VAN: MPSC $57.99 601073 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73441 VEHICLE MAINTENANCE - PARKS & FACILITIES $57.46 600962 11/30/2023 2496 OLD TOWN TIRE AND SERVICE INC 73247 VEHICLE MAINTENANCE - PARKS & FACILITIES $57.46 600962 11/30/2023 2496 OLD TOWN TIRE AND SERVICE INC 73222 VEHICLE MAINTENANCE - PARKS & FACILITIES $57.46 600962 11/30/2023 2496 OLD TOWN TIRE AND SERVICE INC 73220 VEHICLE MAINTENANCE- STREET MAINTENANCE $48.78 601073 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73447 VEHICLE MAINT: CODE ENFORCEMENT $26.75 601151 12/21/2023 1164 P V P COMMUNICATIONS INC 133928 MOTOR HELMET COMMUNICATION: PD $322.18 301154 12/20/2023 1412 PALOMA VALLEY HIGH SCHOOL 12/14/23 TRANSPORTATION STIPEND $200.00 301155 12/20/2023 1492 PANERA BREAD 60125523557486 TVE2 ORDERS FOR WORKSHOPS/MEETINGS $204.44 301104 12/14/2023 2206 PARKING LOGIX INC SIN02171 ANNUAL CLOUD FEE FOR OLD TOWN PARKING:PW $3,960.00 301008 11/30/2023 1214 PECHANGA BAND OF LUISENO MISSION INDIANS 20527 I-15/ FRENCH VALLEY PARKWAY IMPROV $13,182.55 301105 12/14/2023 1214 PECHANGA BAND OF LUISENO MISSION INDIANS 20554 1-15/ FRENCH VALLEY PARKWAY IMPROV $9,848.90 301106 12/14/2023 2392 PENFOLDS CAFE INC 083 HOLIDAY HAM: DECEMBER EVENTS: TCSD $495.90 301009 11/30/2023 3446 PENNINGTON ANNE 11/21/23 REFUND: LIVE SCAN FEE $49.00 301107 12/14/2023 3448 PERLMUTTER MARK J N120123-8 EQUIPMENT: TEM SHERIFF $5,999.31 301040 12/04/2023 1018 PETTY CASH 11/22/23 PETTY CASH REIMBURSEMENTS $705.07 301048 12/07/2023 2179 PLAYCORE WISCONSIN INC PJI-0219942 PLAYGROUND EQUIP ENHANCEMENTS: REDHAWK $449,749.23 301048 12/07/2023 2179 PLAYCORE WISCONSIN INC PJI-0219943 PLAYGROUND EQUIP ENHANCEMENTS: REDHAWK $81,953.35 301010 11/30/2023 3435 PORTER KENT 11/20/23 REFUND: LD18-1631: TRACT MAP 9833 LOT $3,000.00 601152 12/21/2023 2893 POS SUPPLY SOLUTIONS INC 220216 THERMAL PRINT PAPER: TEM SHERIFF $702.95 600963 11/30/2023 3352 POWERLAND EQUIPMENT INC O1-250064 PW PARKS VEHICLE REPAIR $5,038.86 301156 12/20/2023 1363 PRE PAID LEGAL SERVICES INC Ben349876 PREPAID LEGAL SERVICES: PAYMENT $246.95 601075 12/12/2023 1493 PREMIER MARKETING INC 3057 PERFORMANCE/EVENTS: TCSD $437.50 601075 12/12/2023 1493 PREMIER MARKETING INC 2950 PERFORMANCE/EVENTS: TCSD $425.00 301011 11/30/2023 1020 PRESS ENTERPRISE COMPANY INC SUBSCR: 180905656E NEWSPAPER SUBSCRIPTION: PW $205.88 301011 11/30/2023 1020 PRESS ENTERPRISE COMPANY INC SUBSCR:180905656C NEWSPAPER SUBSCRIPTION: PW $205.88 301108 12/14/2023 1020 PRESS ENTERPRISE COMPANY INC SUBSCR: 180905656A NEWSPAPER SUBSCRIPTION: PW $205.88 301011 11/30/2023 1020 PRESS ENTERPRISE COMPANY INC SUBSCR:180905656D NEWSPAPER SUBSCRIPTION: PW $205.87 601153 12/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132226680 UNIFORMS: STREET MAINTENANCE $68.17 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132225427 UNIFORMS: STREET MAINTENANCE $68.17 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224179 UNIFORMS: STREET MAINTENANCE $68.17 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222916 UNIFORMS: STREET MAINTENANCE $68.17 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY 132217910 UNIFORMS: STREET MAINTENANCE $68.17 601153 12/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132226678A UNIFORM: PARKS AND FACILITIES $65.64 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132225425A UNIFORM: PARKS AND FACILITIES $65.64 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224177A UNIFORM: PARKS AND FACILITIES $65.64 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222914A UNIFORM: PARKS AND FACILITIES $65.64 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY 132216626 UNIFORMS: STREET MAINTENANCE $63.89 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY 132217909A UNIFORM: PARKS AND FACILITIES $63.21 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY 132219160A UNIFORM: PARKS AND FACILITIES $63.21 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY 132216625A UNIFORM: PARKS AND FACILITIES $60.78 601153 12/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132225971 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224720 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222228 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132223461 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY 132214605 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY 132215867 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY 132217153 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY 132218417 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224702 FLOOR MATS AND TOWEL RENTALS: FACILITIES $24.52 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222210 FLOOR MATS AND TOWEL RENTALS: FACILITIES $24.52 601153 12/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132225972 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224721 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222229 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132223462 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 601153 12/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132225970 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224719 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 601016 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222227 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132223460 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 601153 12/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132225957 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224708 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 601016 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222216 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 601016 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132223447 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132225428 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 601016 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224180 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 601016 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222917 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 601153 12/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132225958 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224709 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 601016 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222217 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 601016 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132223448 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 601153 12/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132226678E UNIFORMS: STREET MAINTENANCE $5.67 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132225425E UNIFORMS: STREET MAINTENANCE $5.67 601016 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224177E UNIFORMS: STREET MAINTENANCE $5.67 601016 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222914E UNIFORMS: STREET MAINTENANCE $5.67 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY CM 13816-01B OPEN CREDITS ON ACCT 13816-01 ($334.62) Check # Check Date Vendor # Vendor Invoice # Description Invoice Net 301012 11/30/2023 2727 QUADIENT FINANCE USA INC PPN0111/08/23 POSTAGE SERVICES: PD $264.15 600942 11/30/2023 1593 QUALITY CODE PUBLISHING GC00123358 MUNICIPAL CODE SERVICES: CITY CLERK $1,480.00 301109 12/14/2023 2064 RADEECAL INC INV-3136 CART WRAP: EVENT CART 12: FIRE $1,805.00 301109 12/14/2023 2064 RADEECAL INC INV-3152 DECALS: PUBLIC WORKS $165.06 600965 11/30/2023 3136 RAMOS HR CONSULTING INC 1010 PROFESSIONAL SERVICES: HR $7,400.00 301158 12/20/2023 1134 RANCHO CALIF BUS PK ASSOC 1077168/JAN-MAR'24 JAN-MAR'24 BUS PK ASSN DUES: TVE2 $2,234.14 301059 12/12/2023 1134 RANCHO CALIF BUS PK ASSOC 1077171/JAN-MAR'24 JAN-MAR'24 BUS PK ASSN DUES: FOC $2,064.35 301059 12/12/2023 1134 RANCHO CALIF BUS PK ASSOC 1077061/JAN-MAR'24 JAN-MAR'24 BUS PK ASSN DUES: DIAZ RD $2,033.07 601017 12/07/2023 1076 RANCHO TEMECULA CAR WASH OCT'23 OCT CAR WASH SVCS: POLICE $34.02 601077 12/12/2023 1076 RANCHO TEMECULA CAR WASH NOV'23 NOV CAR WASH SVCS: POLICE $18.01 601078 12/12/2023 1537 RANDALL MANAGEMENT GROUP 31371 BANNER PATCHES FOR CITYWIDE CLEAN UP EVENT, PW $63.56 601154 12/21/2023 1537 RANDALL MANAGEMENT GROUP 31673 MISC SIGNAGE: SPECIAL EVENTS: TCSD $58.07 301013 11/30/2023 1970 REACH SPORTS MARKETING GROUP 89686 PLAYER LICENSE RENEWAL $728.00 601018 12/07/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60171472-00 MISC HVAC SUPPLIES: CITY HALL $593.98 600966 11/30/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60170902-00 MISC HVAC SUPPLIES: PARKING GARAGE $338.49 600966 11/30/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60171097-00 MISC HVAC SUPPLIES: CITY HALL $115.86 601079 12/12/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60171768-00 MISC HVAC SUPPLIES: MRC: PW $105.56 601018 12/07/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60171481-00 MISC HVAC SUPPLIES: CIVIC CTR $79.43 601018 12/07/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60171480-00 MISC HVAC SUPPLIES: CITY HALL $75.00 601155 12/21/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60171954-00 ICE MACHINE MAINT: FIRE STATIONS $71.20 601018 12/07/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60171590-00 ICE MACHINE MAINT: FIRE STATIONS $59.76 600966 11/30/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60171240-00 MISC HVAC SUPPLIES: CIVIC CTR ($18.29) 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245040 OCT 2023 LEGAL SERVICES $121,178.19 601019 12/07/2023 1150 RICHARDS WATSON AND GERSHON 245035 OCT 2023 LEGAL SERVICES $14,515.00 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245039 OCT 2023 LEGAL SERVICES $11,243.35 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245036 OCT 2023 LEGAL SERVICES $9,557.89 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245018 OCT 2023 LEGAL SERVICES $8,586.75 601019 12/07/2023 1150 RICHARDS WATSON AND GERSHON 245041 OCT 2023 LEGAL SERVICES $6,510.00 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245038 OCT 2023 LEGAL SERVICES $2,658.75 601019 12/07/2023 1150 RICHARDS WATSON AND GERSHON 245055 OCT 2023 LEGAL SERVICES $1,950.00 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245023 OCT 2023 LEGAL SERVICES $1,640.50 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245062 OCT 2023 LEGAL SERVICES $1,383.45 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245052 2023 OCT LEGAL SERVICES $1,140.00 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245017 OCT 2023 LEGAL SERVICES $1,122.90 601156 12/21/2023 1150 RICHARDS WATSON AND GERSHON 245460 NOV 2023 LEGAL SERVICES $867.00 601156 12/21/2023 1150 RICHARDS WATSON AND GERSHON 245462 NOV 2023 LEGAL SERVICES $701.36 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245030 OCT 2023 LEGAL SERVICES $693.66 601019 12/07/2023 1150 RICHARDS WATSON AND GERSHON 245051 OCT 2023 LEGAL SERVICES $608.00 600968 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245056 OCT 2023 LEGAL SERVICES $450.00 601080 12/12/2023 1150 RICHARDS WATSON AND GERSHON 245470 NOV 2023 LEGAL SERVICES $317.50 600968 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245019 OCT 2023 LEGAL SERVICES $255.00 600968 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245026 OCT 2023 LEGAL SERVICES $161.50 601080 12/12/2023 1150 RICHARDS WATSON AND GERSHON 245459 NOV 2023 LEGAL SERVICES $102.50 601080 12/12/2023 1150 RICHARDS WATSON AND GERSHON 245454 NOV 2023 LEGAL SERVICES $90.00 601080 12/12/2023 1150 RICHARDS WATSON AND GERSHON 245464 NOV 2023 LEGAL SERVICES $75.50 601019 12/07/2023 1150 RICHARDS WATSON AND GERSHON 245060 OCT 2023 LEGAL SERVICES $54.00 601080 12/12/2023 1150 RICHARDS WATSON AND GERSHON 245473 NOV 2023 LEGAL SERVICES $30.00 601080 12/12/2023 1150 RICHARDS WATSON AND GERSHON 245471 NOV 2023 LEGAL SERVICES $30.00 600968 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245022 OCT 2023 LEGAL SERVICES $28.50 601080 12/12/2023 1150 RICHARDS WATSON AND GERSHON 245474 NOV 2023 LEGAL SERVICES $12.00 301110 12/14/2023 1966 RIGHTWAY SITE SERVICES INC 365544 PORTABLE RESTROOM RENTALS: SPECIAL EVENTS: TCSD $8,162.00 301111 12/14/2023 1104 RIVERSIDE CO OF ENVIRONMENTAL IN0493408 JUL-SEP'23 VECTOR CNTRL SVC: CODE ENF $7,351.78 301014 11/30/2023 2635 RIVERSIDE CO PUB SAFETY ENTERPRISE COMMUNICATION PE0000001355 EMERGENCY RADIO RENTAL $1,395.67 301014 11/30/2023 2635 RIVERSIDE CO PUB SAFETY ENTERPRISE COMMUNICATION PE0000001356A OCT EMERG RADIO RENTALS: CODE ENF $513.10 301015 11/30/2023 1042 RIVERSIDE CO SHERIFFS DEPT SH0000044365 08/24/23-09/20/23 LAW ENFORCEMENT $2,862,646.66 301112 12/14/2023 1042 RIVERSIDE CO SHERIFFS DEPT SH0000044488 SHERIFF PATROL SVCS:PD $2,755,355.42 301159 12/20/2023 2533 RIVERSIDE CO SHERIFFS GREYBAR 3936 PRINTING SERVICES: PD $24.48 301113 12/14/2023 1304 RIVERSIDE TRANSITAGENCY 87021 TROLLEY ROUTE 55 TRANSPORTATION SERVICES $2,375.80 301016 11/30/2023 1091 ROADLINE PRODUCTS INC 19387 STREET MAINTENANCE SUPPLIES, PW $806.38 301160 12/20/2023 1737 ROTARY CLUB OF OLD TOWN TEMECULA 12/11/23 POINSETTIAS: CITY HALL $585.00 301114 12/14/2023 3461 SALEM ANDREW REIMB: 11/21/23 REIMB: CNOATRAINING CONF: 11/17-11/21: PD $261.59 601082 12/12/2023 1552 SANBORN GWYNETH A CO TEMECULA MUSIC ACADEMY PERF: 12/02/23 USER LICENSE AGREEMENT: COUNTRY LIVE@THE MERC 12/2 $708.75 600970 11/30/2023 1552 SANBORN GWYNETH A CO TEMECULA MUSIC ACADEMY PERF: 11/18/23 COUNTRY LIVE! @ THE MERC 11/18/23 $675.00 301017 11/30/2023 3437 SANCHEZ EVELYN 11/20/23A REFUND: DUPLICATE PAYMENT $963.00 301049 12/07/2023 3437 SANCHEZ EVELYN 11/20/23B REFUND: DUPLICATE PAYMENT $534.00 301161 12/20/2023 1581 SAPINKOPF LISA Ck Req 12/11/23 PRESENTER:THEATER:TCSD $1,600.00 600971 11/30/2023 2008 SARNOWSKI SHAWNA PRESTON 11182023 PHOTOGRAPHY: THEATER: TCSD $440.00 601083 12/12/2023 2008 SARNOWSKI SHAWNA PRESTON 11272023 PHOTOGRAPHY SERVICES FOR SPECIAL EVENTS $400.00 600971 11/30/2023 2008 SARNOWSKI SHAWNA PRESTON 11112023 PHOTOGRAPHY SERVICES FOR SPECIAL EVENTS $350.00 600971 11/30/2023 2008 SARNOWSKI SHAWNA PRESTON 011152023 PHOTOGRAPHY SERVICES -CITY COUNCIL $350.00 601158 12/21/2023 2008 SARNOWSKI SHAWNA PRESTON 12132023 PHOTOGRAPHY SERVICES FOR SPECIAL EVENTS $300.00 601083 12/12/2023 2008 SARNOWSKI SHAWNA PRESTON 1122023 MISC. PHOTOGRAPHY SERVICES: ECO DEV $300.00 600971 11/30/2023 2008 SARNOWSKI SHAWNA PRESTON 011092023 PHOTO/VIDEO SVCS: REDI COMMISSION: CITY CLERK $300.00 601158 12/21/2023 2008 SARNOWSKI SHAWNA PRESTON 10312023 PHOTOGRAPHY SVCS: TEAM PACE $275.00 601158 12/21/2023 2008 SARNOWSKI SHAWNA PRESTON 011112023 MUSEUM/ACE PHOTOGRAPHY SVCS $275.00 601158 12/21/2023 2008 SARNOWSKI SHAWNA PRESTON 011082023 MUSEUM/ACE PHOTOGRAPHY SVCS $275.00 601158 12/21/2023 2008 SARNOWSKI SHAWNA PRESTON 11302023 MUSEUM/ACE PHOTOGRAPHY SVCS $275.00 601021 12/07/2023 2008 SARNOWSKI SHAWNA PRESTON 11152023 PHOTOS FOR RIBBON CUTTINGS/OPENINGS: TCSD $275.00 600971 11/30/2023 2008 SARNOWSKI SHAWNA PRESTON 11022023 MPSC/HUMAN SERVICES PHOTOGRAPHY $275.00 600971 11/30/2023 2008 SARNOWSKI SHAWNA PRESTON 11092023 MPSC/HUMAN SERVICES PHOTOGRAPHY $275.00 600971 11/30/2023 2008 SARNOWSKI SHAWNA PRESTON 0011082023 MPSC/HUMAN SERVICES PHOTOGRAPHY $275.00 600971 11/30/2023 2008 SARNOWSKI SHAWNA PRESTON 11032023 MUSEUM/ACE PHOTOGRAPHY SVCS $275.00 301018 11/30/2023 2360 5B&O INC 1023025 ENGINEERING &SURVEY SVCS: PW-CIP, PW22-15 $12,813.60 301115 12/14/2023 2360 SB&O INC 1123029 ENGINEERING CONSULTANT SVCS: PW21-13 $2,681.28 301115 12/14/2023 23605E&O INC 1123026 ENGINEERING& LAND SURVEY SVCS: PW -CIP $1,644.25 301162 12/20/2023 2360 SB&O INC 1123030 DESIGN, ENVIRO & SURVEY SVS: PW-CIP $1,346.00 Check # Check Date Vendor # Vendor Invoice # Description Invoice Net 301162 12/20/2023 2360 SB&OINC 1123031 ENGINEEIRNG &SURVEY SVCS: PWSW02-02 $427.25 301115 12/14/2023 2360 5B&O INC 1123027 ENGINEERING &SURVEY SVCS: PW-CIP, PW22-16 $104.00 301019 11/30/2023 3414 EE # 565 Reimb: Cal Cities REIMB: CAL CITIES CONFERENCE $25.52 301020 11/30/2023 2817 SCP DISTRIBUTORS LLC AL508993 POOL SUPPLIES: AQUATICS $795.98 301020 11/30/2023 2817 SCP DISTRIBUTORS LLC AL509079 POOL SUPPLIES: AQUATICS ($150.00) 301116 12/14/2023 1896 SEASIDE ICE LLC 1797 SKATING RINK IN OLD TOWN $19,042.50 301117 12/14/2023 2929 SEAVCOINC 20230801 VEHICLE REPAIR & MAINTENANCE: TEM SHERIFF $875.56 601084 12/12/2023 2266 EE#529 12/07/23 REIMB: PRSC COMMISSION $85.00 600972 11/30/2023 1509 SHERRY BERRY MUSIC PERF: 11/10/23 STAND UP COMEDY 11/10/23 $1,235.00 600972 11/30/2023 1509 SHERRY BERRY MUSIC PERF:11/09/23 JAll @ THE MERC 11/09/23 $775.00 600972 11/30/2023 1509 SHERRY BERRY MUSIC PERF:11/16/23 JAZZ @ THE MERC 11/16/23 $493.50 601085 12/12/2023 1509 SHERRY BERRY MUSIC PERF:11/30/23 TICKET SERVICES AGREEMENT:JAll@THE MERC 11/30/23 $273.00 301021 11/30/2023 1787 SHRED IT US JV LLC 8005342029 SHRED SERVICES: CITYWIDE $269.54 301118 12/14/2023 1787 SHRED IT US JV LLC 8005342225 DOCUMENT SHREDDING: PD $46.58 601086 12/12/2023 2425 SIEMENS MOBILITY INC, YUNEX LLC 5610000682 LIGHT POLE REPLACEMENT: PW $1,819.30 601159 12/21/2023 1780 SILVERMAN ENTERPRISES INC 1902 SECURITY SVCS: ROTATION PARKS $5,644.25 600973 11/30/2023 1780 SILVERMAN ENTERPRISES INC 1890 SECURITY SVCS: ROTATION PARKS $2,702.75 601087 12/12/2023 1780 SILVERMAN ENTERPRISES INC 1891 SECURITY SVCS: ROTATION PARKS $668.80 601159 12/21/2023 1780 SILVERMAN ENTERPRISES INC 1901 SECURITY SVCS: SPECIAL EVENTS: TCSD $350.40 601088 12/12/2023 2510 SINGH GROUP INC 42423 ENCAMPMENT CLEAN UP: TCSD $6,035.00 601088 12/12/2023 2510 SINGH GROUP INC 42422 ENCAMPMENT CLEAN UP: TCSD $6,010.00 601022 12/07/2023 3170 SMER RESEARCH 1 LLC 50023 OCT SOLAR GENERATION: VARI LOCATIONS $31,590.68 601089 12/12/2023 2217 SOCIAL WORK ACTION GROUP 11302023A OUTREACH SERVICES $30,370.00 601089 12/12/2023 2217 SOCIAL WORK ACTION GROUP 11302023E OUTREACH SERVICES $9,166.67 301119 12/14/2023 1153 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 4261793 FY 23/24 OPERATING FEES: FOC $504.91 301119 12/14/2023 1153 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 4265015 FY23/24 FLAT EMISSIONS FEE: FOC $160.35 601091 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290145 ROUTINE PEST CONTROL: FACILITIES: PW $123.00 601160 12/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290137 ROUTINE PEST CONTROL: FACILITIES: PW $120.00 601090 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290273 PEST CONTROL SVCS: PARKS: PW $95.00 601090 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289897 EMERGENCY PEST CONTROL SVCS: PARKS: PW $94.00 601023 12/07/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289840 BEE SERVICE, SENIOR CENTER PW $94.00 601160 12/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290346 ROUTINE PEST CONTROL: FACILITIES: PW $90.00 601090 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290144 ROUTINE PEST CONTROL: FACILITIES: PW $90.00 601023 12/07/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289413 ROUTINE PEST CONTROL: FACILITIES: PW $90.00 601023 12/07/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289206 ROUTINE PEST CONTROL: FACILITIES: PW $90.00 601090 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290225 PEST CONTROL SERVICES: FIRE STATIONS $80.00 601023 12/07/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289281 PEST CONTROL SERVICES: FIRE STATIONS $80.00 601090 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289913 PEST CONTROL SERVICES: FIRE STATIONS $74.00 601091 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290074 PEST CONTROL SVCS: PARKS: PW $70.00 601091 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290220 PEST CONTROL SERVICES: FIRE STATIONS $68.00 601090 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289659 ROUTINE PEST CONTROL: FACILITIES: PW $59.00 601160 12/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290135 ROUTINE PEST CONTROL: FACILITIES: PW $56.00 601023 12/07/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289190 ROUTINE PEST CONTROL: FACILITIES: PW $56.00 601091 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290180 PEST CONTROL SVCS: PARKS: PW $49.00 601090 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290674 PEST CONTROL SVCS: PARKS: PW $49.00 601023 12/07/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289532 PEST CONTROL SVCS: PARKS: PW $49.00 601091 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290419 ROUTINE PEST CONTROL: FACILITIES: PW $42.00 601090 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290222 PEST CONTROL SERVICES: FIRE STATIONS $42.00 601160 12/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290370 ROUTINE PEST CONTROL: FACILITIES: PW $40.00 601023 12/07/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289436 ROUTINE PEST CONTROL: FACILITIES: PW $40.00 601023 12/07/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289189 ROUTINE PEST CONTROL: FACILITIES: PW $36.00 601091 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290128 ROUTINE PEST CONTROL: FACILITIES: PW $32.00 601023 12/07/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289589 ROUTINE PEST CONTROL: FACILITIES: PW $29.00 301120 12/14/2023 1704 SOUTHERN CALIFORNIA TELEPHONE COMPANY 45949231201 DEC GEN USAGE: 0141,0839,0978,0979 $283.61 301022 11/30/2023 1513 SOUTHWEST WOMENS CHORUS PERF: 11/19/23 FALL FOLLIES 11/19/23 $2,296.64 301163 12/20/2023 1513 SOUTHWEST WOMENS CHORUS 12/18/23 PERFORMING ARTS AGREEMENT 12-9: CULTURE DAY PERF $200.00 301164 12/20/2023 3211 SPANISH BRASS PERF:01/13/24 PERFORMANCE: THEATER: TCSD $6,400.00 6010902 12/12/2023 19715PERO VINEYARDS INC FY 23/24 CSF COMMUNITY SERVICE FUNDING REINVESTMENT $37,000.00 301023 11/30/2023 3310 SPORTS FACILITIES GROUP INC A16281 SCOREBOARD REPAIR AT BIRDSALL SPORTS PARK: PW $675.00 600974 11/30/2023 2279 SPRUCE & GANDER 3182-Deposit pmt 2 SOLE SOURCE -TREE GRATES, PWOT-03-01 $11,886.53 301165 12/20/2023 1431 STANDARD INSURANCE COMPANY Ben349864 BASIC LIFE INSURANCE PAYMENT $12,168.15 301166 12/20/2023 1708 STANDARD INSURANCE COMPANY Ben349870 VOLUNTARY SUPP LIFE INSURANCE PAYMENT $1,806.38 301024 11/30/2023 1452 STAPLES BUSINESS CREDIT 7619447924-0-1 MISC OFFICE SUPPLIES: MPSC: TCSD $1,106.93 301024 11/30/2023 1452 STAPLES BUSINESS CREDIT 7619447924-0-2 MISC OFFICE SUPPLIES: MPSC: TCSD $194.40 301121 12/14/2023 1452 STAPLES BUSINESS CREDIT 7620313465-0-1 MISC OFFICE SUPPLIES: MPSC: TCSD $117.62 301024 11/30/2023 1452 STAPLES BUSINESS CREDIT 7619512096-0-1 MISC OFFICE SUPPLIES: LIBRARY: TCSD $74.54 301121 12/14/2023 1452 STAPLES BUSINESS CREDIT 7620683450-0-1 MISC OFFICE SUPPLIES: MPSC: TCSD $46.01 301121 12/14/2023 1452 STAPLES BUSINESS CREDIT 7620455096-0-1 MISC OFFICE SUPPLIES: PW $40.53 301024 11/30/2023 1452 STAPLES BUSINESS CREDIT 7619447924-0-3 MISC OFFICE SUPPLIES: MPSC: TCSD $20.00 301024 11/30/2023 1452 STAPLES BUSINESS CREDIT 7617490058-1-1 MISC OFFICE SUPPLIES: PW ($56.76) 601024 12/07/2023 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 697423 BLOOD/ ALCOHOL ANALYSIS $910.00 600975 11/30/2023 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 697537 JUL BLOOD & ALCOHOL ANALYSIS: PD $105.00 301050 12/07/2023 1179 STATE WATER RESOURCES CONTROL BOARD SW-0274404 STORM WATER PERMIT: NPDES: PW $44,169.00 301167 12/20/2023 2391 STATEWIDE TRAFFIC SAFETY AND SIGNS INC 13010088 MESSAGE BOARDS FOR PARADE: TCSD $6,400.00 301122 12/14/2023 2016 STC TRAFFIC INC 6611 FIBER OPTIC COMMUNICATIONS SYSTEMS $16,645.00 301025 11/30/2023 1912 STEIN ANDREW 29333 CRC STAFF FANNY PACKS $459.16 601161 12/21/2023 1376 STENO SOLUTIONS TRANSCRIPTION SERVICES INC 43696 TRANSCRIPTION SVCS: TEM SHERIFF $134.28 301026 11/30/2023 1112 STRAIGHT LINE GLASS AND MIRROR COMPANY INC 250230 SERVICE WINDOW INSTALLAT COMMUNITY REC CENTER $2,902.40 601093 12/12/2023 1231 STRONG GARY 12/06/23 PAINTING CODE ENF OFC SPACE: PW $2,500.00 600976 11/30/2023 1495 STURDIVANT ANGELA P 3205.203 TCSD INSTRUCTOR EARNINGS $310.80 301123 12/14/2023 1445 SUN CITY GRANITE INC 27619 PATH OF HONOR ENGRAVING ATTEMECULA DUCK POND $3,623.55 301124 12/14/2023 1453 SUNBELT RENTALS INC 147758497-0001 LIGHTTOWER/ POWER RENTALS: TCSD $5,608.14 301124 12/14/2023 1453 SUNBELT RENTALS INC 147828006-0001 LIGHTTOWER/ POWER RENTALS: TCSD $4,275.00 301124 12/14/2023 1453 SUNBELT RENTALS INC 147779635-0001 LIGHTTOWER/ POWER RENTALS: TCSD $3,401.63 301124 12/14/2023 1453 SUNBELT RENTALS INC 147761708-0001 LIGHTTOWER/ POWER RENTALS: TCSD $2,975.25 301168 12/20/2023 1453 SUNBELT RENTALS INC 147777666-0001 LIGHTTOWER/ POWER RENTALS: TCSD $2,288.71 Check # Check Date Vendor # Vendor Invoice # Description Invoice Net 301168 12/20/2023 1453 SUNBELT RENTALS INC 147814614-0001 LIGHTTOWER/ POWER RENTALS: TCSD $2,185.86 301168 12/20/2023 1453 SUNBELT RENTALS INC 147825807-0001 LIGHTTOWER/ POWER RENTALS: TCSD $1,373.82 301168 12/20/2023 1453 SUNBELT RENTALS INC 147825926-0001 LIGHTTOWER/ POWER RENTALS: TCSD $1,373.82 301124 12/14/2023 1453 SUNBELT RENTALS INC 147809238-0001 LIGHTTOWER/ POWER RENTALS: TCSD $892.64 301169 12/20/2023 3480 SUTTON CHRISTOPHER 63374419 REFUND: SECURITY DEPOSIT $200.00 601025 12/07/2023 1081 SWARCO MCCAIN INC INV0276651 TRAFFIC CABINET, PW TRAFFIC MAINTENANCE $13,767.79 601094 12/12/2023 1081 SWARCO MCCAIN INC INV0276876 TRAFFIC SIGNAL PARTS: PW $2,863.42 301170 12/20/2023 3106 SWCA INCORPORATED 184057 SWAC ENVIRONMENTAL CONSULTANTS(LR-21-1331) $20,559.39 301027 11/30/2023 3106 SWCA INCORPORATED 181979 SWAC ENVIRONMENTAL CONSULTANTS(LR-21-1331) $19,355.01 301027 11/30/2023 3106 SWCA INCORPORATED 176850 SWAG ENVIRONMENTAL CONSULTANTS(LR-21-1331) $15,795.00 301125 12/14/2023 2261 T MOBILE USA INC 9552416689 GPS LOCATE: TEM SHERIFF $125.00 301125 12/14/2023 2261 T MOBILE USA INC 9552416688 GPS LOCATE: TEM SHERIFF $100.00 301125 12/14/2023 2261 T MOBILE USA INC 9552544856 TIMING ADVANCE: TEM SHERIFF $75.00 301051 12/07/2023 1212 T Y LIN INTERNATIONAL 102311201 I-15/ FRENCH VALLEY PARKWAY IMPROV $32,050.72 301126 12/14/2023 3266 TAGGART COLLEEN REIMB: 11/21/23 REIMB: CNOATRAINING CONF: 11/17-11/21: PD $446.47 601095 12/12/2023 1113 TEAMSTERS LOCAL 911 Ben349868 UNION MEMBERSHIP DUES: PAYMENT $5,074.00 301128 12/14/2023 1215 TEMECULA MOTORSPORTS LLC 2084537 CART 12 EQUIPMENT: RACK $1,589.90 301128 12/14/2023 1215 TEMECULA MOTORSPORTS LLC 2084536 CART 12 EQUIPMENT: RACK $547.14 301028 11/30/2023 1546 TEMECULA PERFORMING ARTS CO PERF: 11/4-11/12 NUTCRACKER THE MOUSICAL 11/4-11/12 $9,316.42 600977 11/30/2023 1914 TEMECULA VALLEY BACKFLOW INC 45359 BACKFLOW REPAIRS ATVARIOUS PARKS: PW $3,950.50 600977 11/30/2023 1914 TEMECULA VALLEY BACKFLOW INC 46323 BACKFLOW TESTING AT HARVESTON SPORTS PARK $1,300.00 301171 12/20/2023 1356 TEMECULA VALLEY GARDEN CLUB 63405859 REFUND: SECURITY DEPOSIT $200.00 301172 12/20/2023 1371 TEMECULA VALLEY PLAYHOUSE PERF: 11/30-12/10/23 TICKET SERVICES AGREEMENT: CHRISTMAS CAROL $58,156.65 600969 11/30/2023 1265 TEMECULA VALLEY SECURITY CENTER 54505 LOCKSMITH SERVICES: PD $1,255.00 601020 12/07/2023 1265 TEMECULA VALLEY SECURITY CENTER 54480 LOCKSMITH SERVICES: FACILITY MAINTENANCE $1,139.36 601081 12/12/2023 1265 TEMECULA VALLEY SECURITY CENTER 54575 LOCKSMITH SERVICES: FACILITY MAINTENANCE $483.19 601157 12/21/2023 1265 TEMECULA VALLEY SECURITY CENTER 54582 LOCKSMITH SVCS: VARIOUS LOCATIONS $30.45 601081 12/12/2023 1265 TEMECULA VALLEY SECURITY CENTER 54565 LOCKSMITH SVCS: VARIOUS LOCATIONS $18.00 301029 11/30/2023 1234 TEMECULA WINNELSON COMPANY 29797301 PLUMBING SUPPLIES: PW FACILITIES $189.49 601096 12/12/2023 1232 TERRYBERRY COMPANY P69366 SERVICE RECOGNITION: HR $2,707.00 301147 12/20/2023 1457 THE SPIRIT OF GREAT OAK MARCHING BAND 12/14/23 TRANSPORTATION STIPEND $200.00 301173 12/20/2023 1434 THESSALONIKA FAMILY SERVICES 23/24 CDF COMMUNITY DISCRETIONARY FUNDS $1,000.00 601097 12/12/2023 1936 TIERCE NICHOLAS NTOTTCT-2023-12 GRAPHIC DESIGN: THEATER: TCSD $3,300.00 601098 12/12/2023 1063 TIMMY D PRODUCTIONS INC 23661 DJ/MC/SOUND SERVICES: SPECIAL EVENTS $6,135.00 601099 12/12/2023 2421 TITAN RENTAL GROUP INC 45558 CANOPIES & EQUIP RENTAL: SPECIAL EVENTS: TCSD $7,770.00 601099 12/12/2023 2421 TITAN RENTAL GROUP INC 45556 CANOPIES & EQUIP RENTAL: SPECIAL EVENTS: TCSD $6,432.90 601099 12/12/2023 2421 TITAN RENTAL GROUP INC 45557 CANOPIES & EQUIP RENTAL: SPECIAL EVENTS: TCSD $1,220.03 601099 12/12/2023 2421 TITAN RENTAL GROUP INC 45555 CANOPIES & EQUIP RENTAL: SPECIAL EVENTS: TCSD $646.97 301030 11/30/2023 3135 TK CONSULTING INC 09/25/23 YNEZ ROAD IMPROVEMENTS-PHASEI $87,755.38 601162 12/21/2023 3135 TK CONSULTING INC 5 YNEZ ROAD IMPROVEMENTS -PHASE IMPROV $34,779.45 601100 12/12/2023 1995 TK ELEVATOR CORPORATION 5002294190 CALL OUT SERVICE, CIVIC CENTER ELEVATOR, PW $856.10 301052 12/07/2023 2410 EE #534 12/05/23 REIMB: TEAM PACE $750.00 601101 12/12/2023 2410 EE # 534 12/06/23A REIMB: TEAM PACE $200.00 601101 12/12/2023 2410 EE #534 12/06/23B REIMB: TEAM PACE $29.20 601101 12/12/2023 2410 EE # 534 12/06/23C REIMB: STAFF EVENT $21.74 601163 12/21/2023 2413 TOWNSEND PUBLIC AFFAIRS INC 20807 CONSULTING/GRANT WRITING SVCS: CITY CLERK $6,000.00 601164 12/21/2023 2375 TR DESIGN GROUP INC 4796 ARCHITECTURAL SVCS, CIP-PW, PW19-13, ON-CALLAGRMT $51,298.65 301053 12/07/2023 2508 TURBOSCAPE INC 13781 MISC PLAYGROUND WORK AT VARIOUS PARKS: PW $11,280.00 601026 12/07/2023 1555 TV CONVENTION AND VISITORS BUREAU SEP'23 SEP'23 BUS. IMPRV DISTRICT ASIAN $211,269.75 601027 12/07/2023 1003 TYLER TECHNOLOGIES INC 025-445654 CITY PUBLIC MOBILE APP:IT $7,293.04 600978 11/30/2023 1003 TYLER TECHNOLOGIES INC 045-442849A FINANCIAL SOFTWARE UPGRADE: FINANCE $5,890.84 601102 12/12/2023 1003 TYLER TECHNOLOGIES INC 045-448096 FINANCIAL SOFTWARE UPGRADE: FINANCE $1,400.00 301174 12/20/2023 1350 U S BANK CM-9690 7129430 TRUSTEE ADMIN FEES: CFD 03-02 RORIPAUGH $2,670.00 301174 12/20/2023 1350 U S BANK CM-9690 7129372 TRUSTEE ADMIN FEES: CFD 01-2 HARVESTON $2,365.00 301175 12/20/2023 3222 ULTRA SHINE INC 1628A JANITORIAL SVCS FACILITIES MAINT $25,655.73 301129 12/14/2023 3222 ULTRA SHINE INC 1689E JANITORIAL SVCS FACILITIES MAINT: PD $881.21 301031 11/30/2023 3222 ULTRA SHINE INC 1631 JANITORIAL SVCS FACILITIES MAINT $827.80 301175 12/20/2023 3222 ULTRA SHINE INC 1628C JANITORIAL SVCS FACILITIES MAINT $719.83 301031 11/30/2023 3222 ULTRA SHINE INC 1632 JANITORIAL SVCS FACILITIES MAINT $480.66 601103 12/12/2023 1432 UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNId 1120230736 NOV DIG SAFE BRD BILLABLE TIX: PW $325.00 601103 12/12/2023 1432 UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNI, 23-241988 NOV DIG SAFE BILLABLE TIX: PW $87.04 301130 12/14/2023 1131 UNITED RENTALS NORTH AMERICA INC 226666421-002 FORKLIFT RENTAL, PARKING GARAGE $1,354.30 301176 12/20/2023 1467 VALLEY OF THE MIST QUILTERS 63405827 REFUND: SECURITY DEPOSIT $200.00 600979 11/30/2023 2941 VAN OTTERLOO INC 178439 VEHICLE MAINTENANCE -STREET MAINTENANCE $3,429.81 601165 12/21/2023 2941 VAN OTTERLOO INC 178456 VEHICLE MAINTENANCE -STREET MAINTENANCE $350.67 301032 11/30/2023 1845 VERIZON WIRELESS 9948957823 10/11-11/10TASK FORCE TABLETS: POLICE $444.32 301177 12/20/2023 2060 VETERANS SUPPLEMENTAL SUPPORT NETWORK FY 23/24 CSF COMMUNITY SERVICE FUNDING REINVESTMENT $5,000.00 601028 12/07/2023 2197 VOICES FOR CHILDREN JUL-SEP'23 CDBG REIMBURSEMENT: JUL-SEP'23 $1,595.00 601104 12/12/2023 2034 WADDLETON JEFFREY L 1181 JEFF WADDLETON DJ/MC- SPECIAL EVENTS $1,125.00 601104 12/12/2023 2034 WADDLETON JEFFREY L 1180 JEFF WADDLETON DJ/MC- SPECIAL EVENTS $525.00 600980 11/30/2023 2034 WADDLETON JEFFREY L 1179 MC SVCS SKATE PARK JAMS: TCSD $525.00 301131 12/14/2023 1439 WALMART 12/07/23 MISC SUPPLIES/EQUIP: MRC: TCSD $537.58 301033 11/30/2023 1439 WALMART 11/16/23 MISC SUPPLIES: THEATER: TCSD $404.30 301131 12/14/2023 1439 WALMART 12/07/23B MISC SUPPLIES: RESPONSIBLE COMPASSION: TCSD $261.68 301033 11/30/2023 1439 WALMART 11/20/23 MISC SUPPLIES: CRC: TCSD $130.75 301178 12/20/2023 1439 WALMART 12/13/23 MISC SUPPLIES: CRC: TCSD $127.85 301033 11/30/2023 1439 WALMART 11/13/23 MISC SUPPLIES: CRC: TCSD $120.20 301131 12/14/2023 1439 WALMART 12/04/23 MISC SUPPLIES: CRC: TCSD $118.19 301178 12/20/2023 1439 WALMART 12/13/23B MISC SUPPLIES: TVM: TCSD $89.46 301131 12/14/2023 1439 WALMART 12/06/23 MISC SUPPLIES: SPECIAL EVENTS: TCSD $80.00 301178 12/20/2023 1439 WALMART 12/15/23 MISC SUPPLIES: TCC: TCSD $60.85 301033 11/30/2023 1439 WALMART 11/14/23 MISC SUPPLIES: TCC: TCSD $55.75 301132 12/14/2023 1102 WAXIE SANITARY SUPPLY INC 82102767 JANITORIAL SUPPLIES: PARKS $7,051.19 301034 11/30/2023 1102 WAXIE SANITARY SUPPLY INC 82118722 JANITORIAL SVCS FACILITY MAINT: PW $1,913.35 301034 11/30/2023 1102 WAXIE SANITARY SUPPLY INC 82118617 JANITORIAL SVCS FACILITY MAINT: PW $117.45 301035 11/30/2023 2230 WEBB MUNICIPAL FINANCE LLC ARIV0000032 ANNEXATION SVCS (SOMMERS BEND): PW $5,000.00 Check a Check Date Vendor p Vendor Invoice p Description Invoice Net 301035 11/30/2023 2230 WEBB MUNICIPAL FINANCE LLC ARIV0000041 ANNEXATION SVCS (SOMMERS BEND): PW $1,432.32 601166 12/21/2023 3318 WEILAND DESIGN GROUP INC 23-050 k1 LANDSCAPE CONCEPT PLAN/DESIGN: PARKS: PW $1,155.00 301036 11/30/2023 1474 WES FLOWERS 408028/1 SUNSHINE FUND $97.86 301133 12/14/2023 1033 WEST PUBLISHING CORPORATION 849362242 SOFTWARE SUBSCRIPTION: PD $1,179.86 601063 12/12/2023 1757 WEST SAFETY SERVICES, INC. 6080517 OCT ENTERPRISES 911 SVC: INFO TECH $300.00 601006 12/07/2023 1757 WEST SAFETY SERVICES, INC. 6079787 SEP ENTERPRISES 911 SVC: INFO TECH $300.00 301037 11/30/2023 1059 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 1631 FY 23/24 AGENCY MEMBERSHIP DUES $13,424.45 301179 12/20/2023 1059 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 1611 FY 23/24 AB939 DUES/SOLID WASTE CO-OP $12,332.22 301134 12/14/2023 2322 WEX BANK 93724239 11/07-12/06 FUEL USAGE: POLICE $2,358.65 601029 12/07/2023 1034 WILLDAN ASSOCIATES INC 00626665 TRAFFIC ENG SRVCS: PW-TRAFFIC $388.00 301038 11/30/2023 3146 WINSUPPLYVISTA CA CO 13279001 ELECTRICAL SUPPLIES, SENIOR CENTER $1,115.83 301180 12/20/2023 1973 WOHLFORD CHAD TYLER 17 USER FEE STUDY $1,450.00 301039 11/30/2023 1178 WSP USA INC 1367569 CLIMATE ACTION PLAN LR23-0083 $5,899.91 Total $12,863,253.80 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 9, 2024 SUBJECT: Adopt Ordinance No. 2023-14 Amending Title 16 and 17 of the Temecula Municipal Code to Implement the Requirements of Senate Bill 9 (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2023-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303 AND 15061(B)(3) 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. 2023-14 was first introduced at the regularly scheduled meeting of December 12, 2023. FISCAL IMPACT: None ATTACHMENTS: Ordinance No. 2023-14 PROPOSED ORDINANCE NO.2023-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303 AND 15061(B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make revisions and clarifications to portions of Title 17 (Zoning) of the Temecula Municipal Code. B. The code amendments are being made to ensure the Temecula Municipal Code is amended in conformity with the housing programs that the City committed to when it adopted the 2021-2028 Housing Element and amendments needed to conform to changes in State law. Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. On November 15, 2023, the Temecula Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2023-22 recommending approval of the Ordinance by the City Council. C. On December 12, 2023, the City Council, at a regular meeting, considered the Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 3. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendments hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; a. On September 16, 2021, Senate Bill 9 (Chapter 162, Statutes of 2021) was approved by the Governor of the State of California and filed with the Secretary of State, amending Section 66452.6 of the California Government Code and adding to the Government Code Sections 65852.21 and 66411.7, allowing additional housing units on properties within single-family zones and providing for parcel map approval of an Urban Lot Split. Whenever there is a conflict between a state law and a local ordinance, the state law has precedence and must be obeyed. B. The use is in conformance with the goals, policies, programs, and guidelines of the elements of the general plan; and a. Land Use Element Policy 1.2 Promote the use of innovative site planning techniques that contribute to development of a variety of residential product styles and designs, including housing suitable for the community's labor force. b. c. Housing Element Policy 1.2 Encourage residential development that provides a range of housing types in terms of cost, density, and type, and presents the opportunity for local residents to live and work in the same community by balancing jobs and housing types. C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein. a. Housing Element Policy 3.3 Periodically review City development standards to ensure consistency with the General Plan and to ensure high -quality affordable housing. Section 4. A new Section 17.06.120 (Urban Lot Split) is hereby added to Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "Section 17.06.120 SB 9 Two Unit Development A. Purpose and Applicability. On condition that Government Code Section 65852.21 is not repealed, the purpose of this section is to allow and appropriately regulate SB 9 two unit developments in accordance with Government Code Section 65852.21. If Government Code Section 65852.21 is repealed, then this Section 17.06.120 shall automatically become null and N void. Development applications that do not satisfy the definition for a SB 9 two unit development provided below in Section B shall not be subject to this ordinance. B. Definitions. In addition to definitions contained in Chapter 17.34 (Definitions and Illustrations of Terms) and Chapter 16.54 (Definitions of Terms), the following definitions apply for the purposes of this Section. Where a conflict may exist, the definitions in this Section shall apply. 1. "Accessory dwelling unit" or "ADU" has the same meaning ascribed in Government Code section 65852.2, as the same may be amended from time to time. Accessory dwelling unit includes an "efficiency unit" as defined in Health and Safety Code Section 17958.1 and a "manufactured home" as defined in Health and Safety Code Section 18007. 2. "Junior accessory dwelling unit" or "JADU" has the same meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time. A junior accessory dwelling unit contains at least an efficiency kitchen, which may include plumbing, electrical, mechanical, and/or physical space set aside for cooking or meal preparation facilities, which may include space for a refrigerator, sink, wet bar, and/or dishwasher. 3. "Objective design standards" mean design standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. 4. "Primary dwelling unit" or "Primary dwelling" for the purposes of this section, means the existing or proposed single-family dwelling on the lot where an ADU would be located. For the purposes of this section, a primary dwelling unit may include a duplex unit. 5. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. SB 9 added Sections 65852.21 and 66411.7 to the Government Code. 6. "SB 9 two unit development" means a housing development containing no more than two primary residential units within a single family residential zone that qualifies for ministerial review according to California Government Code Section 65852.21. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing primary unit. 7. "Substantial redevelopment" means when a development project proposes that an existing structure is either completely demolished or when more than twenty five (25) percent of any of the following is removed: 1) load bearing or structural walls, 2) roof or roof frame, or 3) foundation. 8. "Urban Lot Split" means a parcel map subdivision of a single family residential parcel as permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area. C. General Requirements and Restrictions. 1. Short Term Rental Prohibited. Short term rental units are not permitted within the City of Temecula, per Table 17.06.030 (Residential Districts). Any unit constructed under this section shall not be rented for less than 31 days. 2. Prohibited Development. A SB 9 two unit development as described in this section shall be prohibited in the following locations and circumstances, pursuant to State Law and as specified below: a) Historic Resources. On a lot located within property located in the State Historic Resource Inventory, as defined in Section 5020.1 of the Public Resources Code, or on a lot identified in Table III-1, Historic Buildings and Structures Outside of Old Town as identified in the Old Town Specific Plan. b) Prime farmland or farmland of statewide importance. On Prime farmland or farmland of statewide importance, as defined pursuant to United State Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the State Department of Conservation. c) Wetlands. In wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). d) Deed Restrictions. On a lot with a recorded affordability covenant or any other form of rent or price control through a public entity's valid exercise of its police power. e) High and Very High Fire Hazard Severity Zone. On a lot located within a Very High Fire Hazard Severity Zone as determined by the Department of Forestry and Fire Protection pursuant to Government Code section 51178, or within a High or Very High Fire Severity Zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code 4202. This exception does not apply to sites excluded from the specified hazard zones by the City pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. No variance, minor exception, or modification to any Fire Code requirements or high fire construction standards shall be permitted, without exception. f) Tenant Housing. On a lot improved with a housing unit that has been occupied at any time by a tenant within the last three years. g) Nonconforming Development. Single family zoned lots already developed with two or more existing residential units, nonresidential units, or mixed -use, shall not use the provisions of this section to add residential units, or make any other alterations to the buildings or site otherwise prohibited by this title, unless the development complies with all of the standards of this section. 4 h) Hazardous Waste Site. On a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the State Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Toxic Substances Control has cleared the site for residential use or residential mixed use, or the site is an underground storage tank site that received a uniform closure letter issued pursuant to Health and Safety Code Section 25295.10(g) based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses.. i) Fault Zone. In a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code. j) Flood Zone. In a special flood hazard area subject to inundation by the 1 percent annual chance flood (100- year flood) as determined by the Federal Emergency Management Agency ("FEMA") in any official maps published by the Federal Emergency Management Agency, unless either of the following are met: ( 1) the site has been subject to a Letter of Map Revision prepared by the FEMA and issued to the City, or (2) the site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 ( commencing with Section 59. 1) and Part 60 (commencing with Section 60. 1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. k) Regulatory Floodway. Within a regulatory floodway as determined by the FEMA in any official maps published by the FEMA, unless the development has received a no - rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. 1) Conserved Lands. On lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S. C. Sec. 1531 et seq.), or other adopted natural resource protection plan. m) Conservation easement. Lands under a conservation easement. n) Protected Habitat. On any parcel identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). 3. Substantial Redevelopment. A SB 9 two unit development shall not include the substantial redevelopment of existing buildings, unless the replacement building conforms to current development standards in the zoning district, or the replacement of a nonconforming structure is reconstructed in the same location and with the same dimensions and floor area as the existing building. 4. Accessory Buildings Allowed. Residential accessory buildings, such as garages and sheds, may be permitted concurrently or after a SB 9 two -unit development, pursuant to Temecula Municipal Code Section 17.06.050(D), Accessory Structures and Uses. Accessory structures are required to comply with the lot coverage limitations specified in the properties zoning designation. D. Unit Configuration and Quantity. 1. This section allows for the construction of up to four units maximum per eligible single- family zoned parcel. This maximum shall apply whether an urban lot split is proposed or not, including existing and proposed dwellings, in the following combinations: a) Without Urban Lot Split — 4 units maximum per existing parcel: (1) 2 primary dwellings and 2 ADU's; or (2) 2 primary dwellings and 1 ADU and 1 JADU b) With Urban Lot Split — 2 units maximum on each parcel (4 maximum total): (1) 2 primary dwellings per parcel; (2) 1 primary dwelling and 1 ADU per parcel; (3) 1 primary dwelling and 1 JADU; (4) 1 primary dwelling per parcel, or (5) 1 primary dwelling on 1 parcel and 1 vacant parcel. 2. The graphic below is a visual representation of the information above and is meant to serve as a guide only and is not an exclusive list of potential options of development. Illustrations are based on a preliminary analysis of the low. Details are subject to change and are for informational purposes only. VACANT LOT Al EXISTING Na units A2 ADD UNITS, NO LOT SPLIT ADD UNITS, LOT SPLIT &&a Up to 2 units .t ADU & -1 JADUs A3 i Up to 4 total units LOT WITH SINGLE-FAMILY HOME Bt I unit B2 Up to 2 units ,I ADU & ,t JADUS 133 Up to 4 total units LOT WITH SINGLE-FAMILY HOME AND AN ADU C1 gilr_ I unit I ADUlJAM C2 I Can add 2 addtt. units II must be an JADU) C3 i i Up to 4 total units LOT WITH SINGLE-FAMILY HOME, AN ADU AND A JADU D1 1 unit I JADU & . I ADU D2 Can add 1 addtf. unit D3 ilk Up to 4 total units For parcels with non conforming buildings please check with Department of Running & Development on the requirements for 58 9 to be utilized for building new units. USING SB 9 WITHOUT A LOT SPLIT: USING SB 9 WITH A LOT SPLIT: e Without a lot split, two primary units and up to • SH 9 does not require jurisdictions rmmmm�� 2 new ADUs/JADUs can be built. to approve more than 4 units total, SB 9 can be used to develop single including any ADUs/JADUs. units - but projects must comply • Future subdivision prohibited. with all SB 9 requirements. E. Qualifying SB 9 Two Unit Development. Qualifying SB 9 two unit developments shall comply with the following: 1. Zoning Requirements. All development proposed under this title is limited to residentially zoned parcels which permit single family residential development within the City. 2. Building Height. The height of residential units constructed under this section shall be limited as follows: a) In no case shall any building height exceed the limit set in the applicable zoning district. 3. Windows. All upper story windows shall be: a) Clerestory; or b) Six-foot minimum sill height above finished floor; or c) Constructed of opaque or frosted glass from the manufacturer, a window film or covering applied after manufacture does not satisfy this requirement. 4. Fencing. Fencing shall be compliant with Section 17.06.050(I), Fences, Hedges and Walls. 7 5. Floor Area Ratio and Lot Coverage. a) The maximum Floor Area Ratio (FAR) and lot coverage shall be as specified by the applicable zoning regulations. 6. Grading. All grading activity shall be compliant with Chapter 18.06, Grading Permit, Application and Requirements. 7. Landscaping Requirements. All landscaping installed shall comply with Chapter 17.32, Water Efficient Landscape Design. 8. Roof Decks or Patios. No roof decks or patios at or above the eaves of a residence are permitted. 9. Lighting. All exterior lighting shall be fully shielded and facing downward to prevent light pollution on adjacent properties and shall be in compliance with Riverside County Ordinance No. 655 (Palomar Observatory Light Pollution Ordinance). No up lighting of any kind or intensity is permitted. 10. Trees. Any proposed development shall comply with the requirements for Heritage Trees specified in Chapter 8.48, Heritage Tree Ordinance. 11. Minimum Unit Size. The minimum living area of a dwelling unit constructed under this section shall be one hundred and fifty (150) square feet, subject to the restrictions specified in Health and Safety Code Section 17958.1. 12. Maximum Unit Size. There is no maximum unit size for two Primary Dwelling Units as required by SB9 except as limited by setbacks and lot coverage of the zoning district. Any other units beside the two Primary Dwelling Units shall be one thousand two hundred (1,200) square feet maximum size. This shall not include enclosed parking spaces or private open space at the front or rear of the unit. 13. Parking. Parking shall be provided as follows: a) One off street automobile parking space, covered or uncovered, is required for each unit within a SB 9 two unit development. b) No parking is required if the property is located within one-half mile walking distance of either a high -quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or if there is a car share vehicle located within one block of the parcel. c) Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement parking space, which may be covered or uncovered, must be provided for each unit, unless the project is exempt from replacement parking requirements pursuant to Government Code Section 65852.2. d) Tandem Parking. Tandem parking spaces shall be allowed to meet the minimum parking requirements. e) Bicycle Parking. If each residential unit does not have access to a fully enclosed automobile parking space inside a garage, one long-term bicycle parking space shall be provided for each unit. f) Parking Location. Required parking must be on the same parcel as the residential unit which caused the required parking space to be constructed. g) Parking and Driveway Dimensions. All driveways and parking proposed shall be in compliance with Section 17.24.050, Parking facility and layout and dimensions. h) Paving Material. All paving materials shall be compliant with Section 18.15.120, Asphalt Concrete Pavement. 14. Building Separation. No detached habitable building shall be closer than ten (10) feet to any other habitable building on the same lot. 15. Setbacks. SB 9 two unit developments shall comply with the following setback requirements: a) All residential structures in a SB 9 two unit development shall comply with the front yard setback standards of the parcels zoning district as specified in Table 17.06.040, Development Standards — Residential Districts. (1) Interior side and rear yard setbacks shall be four feet minimum. b) All accessory structures in a SB 9 two unit development shall comply with the setback standards of the parcels zoning district as specified in Table 17.06.050(A) — Accessory Structures Setbacks (1) Accessory structures are required to maintain a minimum six foot separation from other structures. 16. Stormwater Management. The development must comply with the City's Stormwater Runoff requirements pursuant to Chapter 8.28, Stormwater and Urban Runoff Management and Discharge. 17. Utilities. SB 9 two unit developments shall be designed as individual units and shall have individual meters for utilities at each unit. a) Prior to issuance of a building permit for the construction of a residential unit under this section, the applicant shall provide written verification from the water and wastewater utility provider(s) that adequate capacity is available. b) All utility owned equipment shall be incorporated into the design of the site. c) Privately owned equipment such as window, roof or other cooling/heating devices shall be screened from the public view, as seen from the public right-of-way. 18. Onsite Wastewater Treatment Systems (OWTS). OWTS are systems that are sometimes commonly referred to as "septic systems," and all development under this section that proposes the use of OWTS shall comply with Riverside County requirements for OWTS as specified in Riverside County Municipal Code Chapter 8.124, Sewage Discharges. A percolation test shall be provided to the City at the time of application, to the satisfaction of the Director of Public Works, if a new or expanded OWTS is proposed or required. F. Design Review Standards. 1. Duplex. All duplex residential development shall comply with the City's objective design standards in accordance with Section 17.06.090. 2. Single family residences. All single-family residences shall be subject to the following architectural design criteria, or any other adopted objective designs standards in effect at the time a complete application is submitted, as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the Director of Community Development. a) Roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited. b) Roof tiles shall match the materials and colors of the existing residential unit. If a vacant parcel is to be developed, the roof tiles shall match roof material and color. c) If a garage is converted to a new residential unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing exterior garage wall covering to include paint and material color and detail. d) Design Style. Additions or new construction shall comply with the following: (1) On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including, but not limited to, siding, windows, doors, roofing, light fixtures, hardware and railings. (2) If single family residential development is proposed on a parcel where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors, and finishes G. Development Impact Fees (DIF). Residential structures developed under this section shall be subject to DIF per City Council Resolution No. 03-63, as may be amended from time to time H. Denial. The Building Official may deny an application for an S139 Development Project upon making both of the following findings in writing based upon a preponderance of evidence: 10 1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code section 65589.5(d)(2). 2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. I. Covenant. Prior to the issuance of a building permit for the development of an SB 9 two - unit residential development, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and acceptable to the city attorney, and that acknowledges each of the following: 1. That the proposed SB 9 two unit development would not require or authorize demolition or alteration of any of the following types of housing: (1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income (2) Housing that has been occupied by a tenant in the last three years. 2. Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least on 31-day period occupancy by the same tenant; and 3. The parcel is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 4. (i) That the deed restriction is for the benefit of and is enforceable by the City; (ii) That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (iii) That lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) That, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (v) That the deed restriction may not be modified or terminated without the prior written consent of the chief planning official. J. The standards in this Section shall not be enforceable should they preclude the construction of up to two eight hundred (800) square foot units on a single lot. K. Sunset Clause. If SB 9 is repealed or otherwise rescinded by the California Legislature or by the People of the State of California, this Section shall be repealed. Section 5. A new Chapter 16.59 (Urban Lot Split) is hereby added to Title 16 (Subdivisions) of the Temecula Municipal Code to read as follows: M "Chapter 16.59 URBAN LOT SPLIT Section 16.59.010 — Purpose and Applicability Section 16.59.020 — Definitions Section 16.59.030 - Application and Approval Section 16.59.040 — Design and Improvement Requirements Section 16.59.050 — Access Standards Section 16.59.060 — Map Requirements Section 16.59.070 — Concurrent Processing with other Ministerial Permits Section 16.59.010 Purnose and Annlicability. A. The purpose of this section is to allow for voluntary application(s) for Urban Lot Splits. On condition that Government Code Section 66411.7 is not repealed, qualifying Urban Lot Split in single family residential zones shall be developed in accordance with this Section. Section 16.59.020 Definitions. In addition to definitions contained in Chapter 17.34 (Definitions and Illustrations of Terms) and Chapter 16.54 (Definitions of Terms), the following definitions apply for the purposes of this Section. Where a conflict may exist, the definitions in this Section shall apply. A. "Flag lot" means a lot having access to a street by means of a private driveway access easement, or parcel of land not meeting the requirements of this development code for lot width, but having a dimension of at least twenty (20) feet at its narrowest point. B. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. SB 9 added Sections 65852.21 and 66411.7 to the Government Code. C. "Urban Lot Split" shall mean a parcel map subdivision of a single family residential parcel as permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area. Section 16.59.030 Application and Approval. B. A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code Sections 66444-66450 and this chapter, and submitted for approval to the City Engineer. A fee in the amount established by the City Council resolution must be paid concurrently with the submission of the parcel map. 1. A registered civil engineer may prepare the tentative parcel map however, the final parcel map must be signed by a licensed land surveyor. 12 C. The City Engineer is the approval authority for parcel maps under this chapter. The City Engineer shall approve a parcel map for an urban lot split if the City Engineer determines that it meets all of the requirements of this chapter. D. The City Engineer shall not approve an urban lot split for a parcel: 1 That is located within any of the prohibited areas identified in Section 17.06.120(C)(2); 2. If the proposed urban lot split would require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power; (iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; or (iv) Housing that has been occupied by a tenant in the last three years. 3. The parcel is located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. E. The following supplemental information is required to be submitted with a parcel map to establish compliance with the construction plans and all provisions of this Code and applicable State law: 1. A map of appropriate size and to scale showing all of the following: a) Total area (in acreage and square feet) of each proposed lot; b) Location and dimensions of existing and proposed property lines; c) Zoning district; d) The location and use of all existing and proposed structures; e) All required zoning setbacks for the existing and proposed lots; f) The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, telephone, cable, systems, or easements; 13 g) The location of all proposed new water, sewer, storm drain, lines, pipes, telephone, cable, or systems; h) The location of any proposed easements for access or public utilities to serve a lot created by the subdivision; i) The location of all trees, their species and their Diameter at Breast Height (DBH); j) Any area of the parcel that has a slope of 15% or greater by way of contours at 2- foot intervals; k) Any area of the parcel that is a watercourse as defined in Section 895.1 of Title 14 of the California Code of Regulations; 1) Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys adjoining the parcel; m) Curb, gutter, sidewalk, parkway, and street trees; type, location and dimensions; n) Location of existing or proposed driveway dimensions, materials, and slope (including cross slope); o) Location of existing or proposed pedestrian pathway access to the public right-of- way; p) Setbacks of structures, pools or spas on adjacent parcels that are less than 5 feet from the property line; and q) Location of non -utility easements including but not limited to access easements, maintenance easements, and similar easements for the access and/or maintenance of surrounding residential development. F. Prior to approval of a parcel map for an urban lot split, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and acceptable to the city attorney, and that acknowledges each of the following: 1. That the proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing: (1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income (2) Housing that has been occupied by a tenant in the last three years. 2. The parcel has not been established through prior exercise of an urban lot split under this chapter; 14 3. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this chapter; 4. The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the parcel map; 5. Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least on 31-day period occupancy by the same tenant; 6. The uses allowed on a lot created by the parcel map shall be limited to residential uses; 7. Primary dwelling units located on the same lot are prohibited from being owned or conveyed separately from one another; 8. No more than two dwelling units of any kind shall be constructed or maintained on a lot that results from an urban lot split; 9. No subsequent urban lot split for lots that were previously created by an urban lot split under SB 9 are allowed; and 11. (i) That the deed restriction is for the benefit of and is enforceable by the City; (ii) That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (iii) That lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) That, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (v) That the deed restriction may not be modified or terminated without the prior written consent of the chief planning official. Section 16.59.040 Design and Improvement Requirements. A. A parcel map may subdivide an existing legal parcel to create no more than two parcels of approximately equal lot area. One parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision and neither parcel shall be smaller than 1,200 square feet. The following areas are excluded from the calculation of lot area for the purposes of this subdivision: 1. Any area on the property that would not allow a permanent residential structure be constructed or placed upon the area due to easements, or any other form of recorded restriction that presently exists and which would be created by the proposed subdivision. B. Each parcel must be served by a separate water service meter and separate sewer connection. C. Each parcel shall drain to the street or to a developed drainage easement. 15 D. Rights -of -way as required for access along all natural watercourses as necessary for flood control, maintenance, and improvement shall be dedicated. E. The parcel must satisfy the requirements of Government Code Section 66411.7(a). F. A lot line shall not bisect or be located within four feet of any of the following: 1. Existing easements if the resulting lot would create a developable area that would interfere with the use of the easement for its intended purpose. G. The location and orientation of new lot lines shall meet the following standards: 1. Front lot lines shall conform to the minimum public street frontage requirements of the residential district, except as provided in Section H, (Flag Lots) below. 2. Each parcel shall have approximately equal lot width and lot depth, consistent with the minimum lot sizes described in subsection A above. Lot depth shall be measured at the midpoint of the front lot lines. Lot width shall be measured by a line connecting two points on the opposite interior lot lines that result in a line parallel to the front lot line. 3. Proposed lot lines shall be straight and free of jogs in alignment, with exceptions for the following: a) In the creation of a flag lot as provided in Section 16.59.040(H). b) When the creation of a straight lot line would intersect with an existing residential structure or a straight line would not result in lots compliant with Section 17.06.120(E). (1) In such cases, the lot line shall maintain a four foot setback from the existing or proposed residence for the purpose of access for property and building maintenance. (2) Such lot lines shall have the fewest number of turns possible to ensure reasonable property lines for residents. 4. Access easements for all properties and residences involved in the subdivision shall be recorded against the properties prior to any building permit issuance. a) Access easements greater than 150 feet in length shall provide a turnaround for emergency services per Title 15, Buildings and Construction, Chapter 15.16 Fire Code, D. Chapter 5: Fire Service Features, 503.2.5 Dead ends. 5. The maximum difference between the two lots created is a sixty (60), forty (40) split in area and both must be a minimum of twelve hundred (1,200) square feet. 6. New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment in which case the line may not be straight but shall follow the appropriate course and use the least amount of turns as possible. Erl 7. Lot lines facing a street shall generally be parallel to the street. Unless the minimum public street frontage is provided, the lot line dividing the two parcels must be parallel to and not less than 50 feet from an existing front lot line, or outside the front half of the existing lot, whichever is greater. 8. Interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets. 9. Lot lines shall be located within appropriate physical locations such as at the top of creek banks, at appropriate topographical changes, such as at the top or bottom of slopes, or at locations which clearly separate existing and proposed land uses. 10. Lot lines shall be contiguous with existing zoning boundaries. 11. The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot as defined in the Zoning Ordinance. 12. Lot lines shall not render an existing structure as nonconforming in any respect (setbacks, height, lot coverage, parking, etc.), nor increase the nonconformity of an existing nonconforming structure. 13. It is the intent of this section to permit urban lot splits. All urban lot splits proposed under this section shall be straight lines, with exceptions only for compliance with federal, state or local law. H. Flag lots. Flag lots shall be allowed for urban lot splits, subject to the following requirements: 1. Each flag lot created shall have at least a twenty (20) foot width at its most narrow point. 2. The creation of a flag lot shall not create: a) A legal nonconforming structure or use. b) A structure, existing or proposed, with setbacks from the proposed lot line of less than four feet. 3. Boundary monuments shall be installed for all flag lots. Section 16.59.050 Access Standards. A. Each lot shall front upon or have access to a public street or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards: 1. Vehicle access easements serving a maximum of two units shall meet the following standards: a) Easement width shall be a minimum of 20 feet and a maximum of 16 feet, unless a wider driveway is required by the California Fire Code due to distance of the structure from the easement, or as needed to meet the driveway and parking standards in the City's Parking Standards in Section 17.06.120(E)(14); 17 b) The minimum length for a vehicle access easement is 20 feet wide. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided; and c) No residential structure shall be closer than three feet to the easement. 2. Vehicle access easement serving three to four units shall meet the following standards: a) Easement width shall be a minimum of 20 feet; b) The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided; and c) No residential structure shall be closer than five feet to the easement. 3. Where a lot does not abut a public street, and where no automobile parking spaces are required or proposed for the residential development, a vehicle access easement is not required. An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards: a) Easement width shall be a minimum of five feet; and b) Pedestrian access easements shall not exceed 200 feet in length. 4. Vehicle access easements shall not be located closer than 25 feet to an intersection. 5. Access and provisions for fire protection consistent with the California Fire Code shall be provided for all structures served by an access easement. 6. Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the Californian Fire Code, California Building Code, and the City's Parking and Design Standards in Section 17.24, Off -Street Parking and Loading. Section 16.59.060 Map Requirements. A. The content and form of a parcel map shall meet all the requirements of Government Code Sections 66444-66450, except as otherwise set forth in this Chapter. B. The parcel map shall show all easements for public utilities necessary to serve each lot created by the subdivision. C. The parcel map shall show all easements necessary to provide each lot with access to the public or private street or alley abutting the original parcel. D. The parcel map shall contain a declaration that: 1. Each lot created by the parcel map shall be used solely for residential dwellings; 2. No more than two residential dwelling units may be permitted on each lot. As used in this subsection, residential dwelling unit includes a unit created pursuant to Government Code Section 65852.21, a primary dwelling unit, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22. 3. Rental of any dwelling unit on a lot created by the parcel map shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant. Section 16.59.070 Concurrent Processing with other Ministerial Housing Permits. A. No development, including grading or vegetation removal, shall commence on either lot, concurrent or subsequent to an urban lot split, unless it is approved with a valid building permit 18 for the construction of a housing development and complies with all the objective development and design standards outlined for SB 9 two unit developments in Sections 17.06.090 or any other adopted objective design standards in effect at the time a complete application is submitted. B. A building permit for development on an urban lot split cannot be issued until the parcel map records. C. The City Engineer shall deny an urban lot split if the building official has made a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Section 6. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Project: Under California Government Code sections Sections 65852.21, subdivision 0), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections Sections 66411.7 and 65852.21 regulating two -unit residential developments and urban lot splits is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, this Ordinance is statutorily exempt from CEQA in that the Ordinance implements Government Code Sections 65852.21 and 66411.7 these new laws enacted by SB 9. In addition to being statutorily exempt from CEQA, this Ordinance is also categorically exempt from CEQA under Class 3 as outlined in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts the construction and location of new, small structures and the conversion of existing small structures from one use to another. This Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit in a residential zone. Further, this Ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Any development that would be contemplated under this Ordinance must be treated ministerially, and any such projects would be exempt from the environmental review requirements. For the reasons stated above, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. Section 7. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. IM Section 8. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 9. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of January, 2024. ATTEST: Randi Johl, City Clerk [SEAL] James Stewart, Mayor 20 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. 2023-14 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of December, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9ch day of January, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 21 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 9, 2024 SUBJECT: Receive and File Citywide Year -End Report Highlighting 2023 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 2023 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, Committee 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: 2023 Year -End Report In our 34t" year since incorporation, this year marked a renewed commitment to Temecula's motto of Old Traditions, New Opportunities, and our can -do spirit — past, present, and into the future. Similarly, our collective mantra of Building Greatness, Maintaining Excellence remains a timeless management philosophy, which continues to operationalize Temecula's transparent and responsive approach to municipal government. Encapsulated into three strategic areas: N!i Personnel Services, Maintenance & Operations, and Capital Projects, the annual deliverables of superior public safety; fiscal stewardship; capital VIEW improvement project & infrastructure delivery; community services; and organizational excellence, are now commonly referred to as — The Temecula Way. 2023, As I conclude my 11t" year as Temecula's City Manager, I am continually i /Building Greatnessimpressed by the sheer volume of impactful projects, programs, events, and Maintaining - - J services that are captured in this annual report. My deepest appreciation, respect, and gratitude for our outstanding Team Temecula of dedicated employees, supportive City Council, and caring Boards and Commissions. -Aaron Adams, City Manager Conclusion City Manager's Office Year in Review - 2023 City Manager's Office Organized / Hosted (Community Events / Meetingr- • Mayor's State of the City Address (including nonprofit expo). • Pechanga Pu'eska Mountain Day Event. • 1-15/French Valley Parkway Phase 2 • Groundbreaking Ceremony. • Regional PIO Luncheon. • 9th Annual Broker's Breakfast. • Southwest California Manufacturing Council December Luncheon Meeting. City Manager's Office Organized / Hosted (Community Events / Meetingr- • Recognition event of former Council Member Edwards. • Recognition event of former Council Member Rahn. • Congressman Issa's Federal Update Event to Temecula Valley Leaders. • City Manager's Quarterly Community Leadership Meetings with Temecula partners: City, Pechanga, Promenade, TVH, VTV, Chamber, and TVUSD. • California City Manager Foundation (CCMF) • Board Meeting in Temecula to showcase Temecula statewide to various Cities/City Managers. • Media Lab Video Premier (Pizza Party for State of City/participation of special needs students). City Manager's Office Participated /Presented (City Representation) • Washington DC Lobbying: Federal advocacy meetings representing City of Temecula's needs in Washington DC with Mayor/CMO/PW. Prepped/strategized with Federal Lobbyist to coordinate nine meetings including National Park Service, Office of Community Oriented Policing Services, US Representatives Ken Calvert and Darrell Issa, US Senators Alex Padilla and (the late) Dianne Feinstein, US Army Corps of Engineers, National Endowment for the Arts, and US Department of Transportation. (Major topics: lobbying for $39M allocation to Murrieta Creek; extracting Wine Country out of National Wildlife Refuge Map; transportation funding; grant opportunities). • Temecula Lane HOA: Organized City response to HOA issues; meeting with HOA Board and Temecula Lane residents (including Council Member/CMO/Code/PW/RSO). • ICSC Las Vegas Annual Conference: Scheduled/attended 20 meetings representing City of Temecula at annual conference (ED/Council). 1#* • Manufacturing Month: City Proclamation at City Council and provided ED update (including Video produced referenced below/Grecian Soap Company). • Innovation Month: City Proclamation at City Council and provided TVE2 update. 0 EDC FAM Tour: Showcased commercial/industrial properties in Temecula/region. _ * r L r City Manager's Office Participated /Presented (City Representation) • EDC NAIOP Tour: Showcased commercial/industrial properties in Temecula/region to over 50 NAIOP bus tour participants. • TV Chamber of Commerce 2023 Committees: • State of the City Planning Committee Co -Chair. • Legislative Summit Planning Committee Member. • Economic Forecast Planning Committee Member. • TV Chamber of Commerce Southwest Regional Economic Forecast: ED Speaker for event, prepared/presented ED update, and hosted a booth at event. • Murrieta/Wildomar Chamber of Commerce Economic Forecast Event: ED Speaker for event and prepared/presented ED update. • TV Chamber of Commerce Legislative Summit: Hosted booth at event. • Facilitated 19 Citywide Ribbon Cuttings for Businesses: Attended and participated in events. • Business Retention / Welcome Visits: Collaborated with TV Chamber of Commerce to conduct Manufacturing and New Business Site Visits. • TV Chamber of Commerce Women in Business: Hosted booth. City Manager's Office Participated /Presented (City Representation) • Chamber of Commerce Women's Professional Collective: Attended and provided informal City update. • Murrieta Temecula Group: Attended monthly meetings and answered questions. • SRCAR City Manager Breakfast: CM Speaker for event, prepared/presented City Update. • WRCOG Technical Assistance Committee Meetings: CMO attended monthly as Voting Membi • WRCOG General Assembly: Assisted WRCOG with event video package about the 1-15/FVP. • Visit Temecula Valley State of Tourism: CM Speaker for event, prepared/presented City Update on tourism -related projects. • Visit Temecula Valley Leadership Meeting: Participated in professionallyfacilitated group discussion (COT, OTTA, Chamber, VTV, and Wine Growers) on topics of importance to Tourism Industry: Tourism Leg Advocacy, OT Creek Walk, City Beautification, and unified branding for Temecula Valley at this all -day event. • Other City Updates: Prepared presentations for Mayor and Council for "City Update" presentations such as Women's Professional Roundtable, etc. City Manager's Office Participated /Presented (City Representation) • Represent City of Temecula at Neighboring State of the City (SOTC) and Local / Regional Events: Wildomar SOTC, Murrieta SOTC, Menifee SOTC, Canyon Lake SOTC, Lake Elsinore SOTC, Ontario State of the Airport; State of the 3rd District; TV Chamber Gala (prepare certificates/participate in voting selection of recognized businesses); Visit Temecula Valley's Xenia Awards, Boys & Girls Club Annual Gala, and Temecula Day at the Lake Elsinore Storm Baseball Diamond. • Professional Development / City Representation / Recognition: • Cal Cities New Mayors/Council Members Academy. CM attended with new Council Members as part of the Council - Manager form of government. • Cal Cities City Managers Conference. CMO training/conference: • Cal Cities City Managers Sales Tax Working Group member, which convenes as a diverse and representative group of California city officials dedicated to examining local government sales tax issues and providing recommendations that equitably benefit California cities, further fiscal sustainability, and strengthen the viability of the sales tax. • Cal Cities Legislative Update Conference: Council/CMO training/conference: • Hosted and participated in Cal Cities Interviews for the Regional Public Affairs Manager position. City Manager's Office Participated /Presented (City Representation) • Professional Development / City Representation / Recognition (Continued): • Cal Cities Annual Conference: Council/CMO training/conference; CM as Speaker for One City, One Team — Establishing Effective City Manager -Council Relations. • MMASC Annual Conference: Council/CMO in San Diego; CM as Speaker for Managing in the Middle — Balancing Politics and Administration. • Government Social Media: Social Media staff attended annual conference. • California City Manager Foundation: Monthly Meetings, CM is a Board Member. • CAL-ED Monthly Meetings: Economic Development Manager is a Board Member. • 2023 Inland Empire Women's Business Center Inland Prosperity Conference. • 2023 RSO Annual Awards Ceremony (RSO Strong) attendance in support of our Team Temecula law enforcement community. • 2023 Outstanding Senior Administrator Inland Empire Chapter (serving Riverside and San Bernardino Counties) of the American Society for Public Administrators —Aaron Adams, Temecula City Manager. City Manager's Office Miscellaneous (Support provided to community) • Community Reinvestment Program -Community Service Funding: Development program and 51 agreements for distribution of $1.1 M for 51 Local Nonprofit organization programs that benefit/benefitted Temecula residents with expenditures between 2020-2024. (Launched in FY2022-23; Administration will be ongoing through JUN 2024). • Community Service Funding FY23-24: Developed and implemented new electronic Application for 2023-24 Community Service Funding (CSF) program and reviewed 47 CSF applications with Community Services Funding Subcommittee for distribution of $100,000 to 22 nonprofits to benefit Temecula Residents only. Also processed $25,000 annual allocation via CSF Council Discretionary program ($5K per Council Member). • Digital Bootcamp Grant Program: Processed 48 agreements for the Digital Bootcamp Grant Program as part of the $500,000 Community Reinvestment Program (launched/managed byTVE2- more below) supporting 48 Temecula businesses. • Economic Development Agreements: Processed 22 agreements including 9 new Incubator Tenants supported by Community Reinvestment $80K Rent Waiver Program (launched/managed by TVE2-more below re: rent waiver program) supporting Temecula businesses. • Community Reinvestment — Higher Education: Processed Community Reinvestment Program (CRP) Agreements totaling $1 M supporting the higher education complex in Temecula (CSUSM and MSJC classroom space and programs) to benefit Temecula residents with local higher education opportunities. I City Manager's Office Miscellaneous (Support provided to community) • Wayfinding Signs: • Worked on design/planning for the Auto Mall Wayfinding Signage Project to support auto dealers and patrons to find their way. • Worked on design/planning of Old Town Wayfinding Signage to support Old Town businesses and residents/patrons to find their way. • Film Permits: Approved/Processed 4 Film Permits. • ED Sponsorships: Processed 10 Economic Development Sponsorship Applications. • Business Licenses: Assisted 20 Temecula businesses by navigating them to/through the permit process for business Licenses in collaboration/support Community Development (first developed internal system with IT and Com Devto check business licenses prior to ribbon cutting and promotion). City Manager's Office Miscellaneous (Support provided to community) • Community Recognition: Navigated community inquiries made to the City Manager's Office for public recognitions, including 2013 Resolution of Wilder Hills, Ron Parks (First Temecula Mayor), and Ed Morel, facilitated via City Clerk/Public Recognition Subcommittee. • CSUSM Senior Experience Project: Working with CSUSM Seniors on research project regarding higher education needs in region (in support of residents in Temecula to have local access to higher education opportunities). • External Research Requests: • Cancer Care: Provided economic research/data regarding healthcare/cancer care needs to Michelle's Place/EDC to work together moving forward as needed. • Workforce Stats: Provided stats regarding workforce and live/work proximity. • Red Trolley: Renewed RTA Trolley Agreement for Harveston area shuttle (free shuttle mainly supporting TVUSD students and Promenade). City Manager's Office General /Administrative (Internal) • Civic Center Leases: Manage/renew/update Civic Center leases for Congressional District 50 (Issa), City Attorney, and VTV (revised square footage). • Support Letters: Drafted and secured over 32 support letters from various agencies, neighboring jurisdictions, and representatives in support of the City of Temecula's Public Work's INFRA Grant Application for French Valley Phase 3. • City Manager's Office/City Council Office Inquiries: Responded or navigated (and logged) general inquiries made to CM office via phone, My CivicApp, or email including 290 to City Council Members, and 141 to City management as of NOV 2023. • CMO Scheduling Meetings (Internal & External): CMO office (Executive Assistant) scheduling of over 1,000 meetings, including meetings for CC and CMO, plus all travel related needs; register Council for various community nonprofit fundraisers (approximately 20-25); maintain list for reporting on Form 700 or Form 802 through City Clerk's office; register CMO/CC for travel/conferences. • Budget: Managed/Balanced FY23-24 operating budgets for Departments/Divisions as follows: City Manager Office, City Council, Community Support Funding, Office of Public Information, Economic Development, and TVE2. City Manager's Office General /Administrative (Internal) • Interdepartmental Brainstorming Meetings: Participated in weekly internal meetings with Community Development, Fire, Building, PW, and ED. • Citywide Employee Support: CM/ED representatives on Employee Benefits Committee, Employee Wellness Committee, Team Pace, and Workforce Safety Committee. • Produced Office of Public Information Reference Guide: Created brochure for internal use, which was introduced to each Department this year at separate Department meetings providing an overview of Citywide public outreach opportunities. • General: Drafted letters, research, office supplies, meeting supplies/meals, annual personnel reviews, guided City Hall tours; maintain CMO/ED Sharepoint; support daily CMO updates/recaps, Temecula Swag/promotional content as needed for ED/CMO/CC; press inquiries. City Manager's Office PIO / Public Information Outreach • Produced Various Videos: • Temecula Skate 3 (Mayor Videogame). • Dreaming (Whimsical/Exciting Temecula). • Temecula Superstars (Temecula on the Big Screen). • TVE2. • Diverse Housing. • Inclusive Programs by the Media Lab. • MRC Drone. • The Grecian Soap Company. City Manager's Office PIO / Public Information Outreach • Promotions & Publications: • 2023 Temecula Magazine • Temecula Connect Flyer (updated) • Old Town: produced/published Old Town Branding Guide. • Citywide Banners: Designed New Holiday Banners near the Mall. • Prepared multiple communitywide, mini -State of the City presentations. • TV/Media Coordination: Coordinated Media including Video Response to NBC regarding Lisa in Temecula (NBC); provided briefing points for Tropical Storm (CBS); facilitated KCAL's (CBS) desire to feature the City of Temecula in their SoCal Spotlight. • Support Media Services / Channel 3 content. L_c r.; NEWS & UPDATES A Message from the City Manager r+er tN% maw. &* cty a Twsmma rocuq aw ow yordcL" +.y wiaoru w SoDwe row* adrerw WA glyw by ow US aW H bm Site. and Cw &Aw%W OwwWd Tram trd p"6" ou0 ow pmwty a Nab" KSWK Trat City Manager's Office PIO / Public Information Outreach • Promotions & Publications: (Continued) • City FlickrAccount: Maintained/updated City photos to Flickr with professional photos. • City Media TVEyes account: monitor hundreds of media clips per month for Temecula promotional use; clip videos of interest and download. • City Council PowerPoint slides for Council Meetings. • Implemented U.S./American Flag Program for Temecula residents (including Meet the Mayor outreach booth). • Monthly newspaper advertisements promoting emergency preparedness communications and social media. • Ongoing updates to website content (multiple pages Citywide). • Ongoing Auto Mall sign updates throughout the year. City Manager's Office PIO /Social Media • @CityofTemecula 2023 Milestones Social Media Platforms: • 1.2 M Reel Views on Instagram in 2023. • 450% more IG followers than other CA cities closest in population size. • Over 80,000 followers across all @CityofTemecula platforms. • Audience Engagement Milestone: • 2022: Followers spent 27,688 minutes watching our videos. • 2023: Followers spent 80,000 minutes watching our videos resulting in an 189% increase in viewer retention. r ckyottemecula tt�tu�a �iErxaai 'kl4l #E {.L03ED r �*�A.�Sa�y�WF.4.�x n .-- TEMfCULA VALLEY Fi 1. S City Manager's Office PIO/Social Media • @CityofTemecula Social Media Campaigns & Series: • New Video Series: • Budget Talk (produced by PIO/CMO). • Council Spotlights (produced by PIO/CMO, Media Services, and TCSD). • Just the Facts with Zak (produced by TCSD). • 1-15/FVP2 video updates campaign: • Five videos were posted totaling over 110,000 views. • Seven Hello Temecula Video Episodes. • Nine #TemeculaAwaits Photoshoots — Citywide Social Media. • Campaign to promote unique outdoor experiences in Temecula (most "liked" annual campaign). • 11 #New2Town Features. • American Express Shop Small Campaign: Five small photoshoots featuring five consignment / secondhand businesses. 0 Monthly Proclamations. City Manager's Office PIO / Social Media • Year -End Follower Count for @CityofTemecula Platforms: • Instagram: 35,000 (8,000 increase from last year). • Facebook: 30,700 (1,800 increase from last year). • Twitter:10,700. • YouTu be: 2,400. City Manager's Office PIO /Social Media • Collaborations with Community Partners: • 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). • Pechanga. • Promenade Temecula. • RivCo Workforce Development. • Temecula Valley Unified School District (TVUSD). • American Red Cross. City Manager's Office TVE2 • Executed / Launched / Managed • COVID Community Reinvestment Program's Digital Bootcamp Training and Funding Program which disseminated $480,000 in grant funding to 48 Temecula Small Businesses ($10,000 each) • Community Reinvestment Program's Level -Up Training and Funding Grant Program which will provide $520,000 in grant funding to 26 Temecula Businesses to assist in core workforce areas ($20,000 each). • Community Reinvestment Program's TVE2 Incubator Rent Waiver Program. • Oversee/Manage multiple tenant leases at TVE2. • 9 New Occupants to the TVE2 Incubator Program. • TVE2 Quarterly Incubator Tenant Meeting, offering incubator businesses a chance to access education/training, network, share successes/challenges, and request desired assistance/resources. • TVE2 Quarterly Incubator Committee Meeting, gathering Incubators/Innovation Hubs from across Riverside County and neighboring areas. The aim is to offer a platform for each center to exchange best practices, share updates, and explore collaborative opportunities. • TVE2 Magazine. • TVE2 Entrepreneurial Resource Center Program (soft launch). City Manager's Office TVE2 • TVE2 Center Hosted or Represented • Southwest Riverside County April Innovation Month Quick Pitch Event. • Technical assistance to 1,030 business owners and entrepreneurs across various industries in partnership with TVE2 resource partners. Industries include, but not limited to: • Retail. • Service. • Wholesale. • Manufacturing. • Construction. City Manager's Office TVE2 • Business/workforce training to 3,748 small business owners and entrepreneurs across various industries in partnership with TVE2 resource partners through 267 training events (virtual and in -person) and three cohort programs. Some workshop topics included: • Pre-planning/Startup Information. • Access to Capital. • Human Resources. • Digital and Social Media Marketing. • Accounting. • Legal. City Manager's Office TVE2 • Outreach booths at multiple events throughout the year. • EDC Monthly Board Meetings. • TECHSouthwest Monthly Meetings. • Monthly Caregiver Orientations in partnership with Riverside County In -Home Supportive Services Division for a total of ten orientations which trained over 1,200 individuals in the Southwest Region interested in a career as a caretaker. • TVCC June Southern California Manufacturing Council meeting. • TVCC Women's Professional Collective for the month of DEC 2023. • United States -Mexico -Canada Agreement (USMCA) Trade Conference and Import/Export Consulting Services at TVE2. Attended Conference; created office space for International Commerce (import/export consulting services) office at TVE2. City Manager's Office TVE2 • CSUSM Innovation Hub. Founders Feedback meeting (TVE2 Idea Exchange). • Inland Empire Economic Partnership (IEEP) Red Tape to Red Carpet Awards & Reception: • TVE2 attended as Award Nominee. • TVE2 Resource Center's metrics achieved throughout Southwest Riverside County: • 23 New Business Starts. • 1,778Jobs Created/Supported. • $11,127,052 in Capital Infusion. City Manager's Office Organizational Culture • Continuation of enhanced organizational communications (written and verbal) and responsiveness via daily operational updates (email and Sharepoint), and survey tools as part of the City's proactive employee retention efforts. • Prioritizing and investing in our valued workforce, continuation of Meet and Greet with the City Manager (ACM and HR Director) and each new employee. Biweekly CMO Management By Walking Around to bridge communication gaps between the CMO and other operating Departments resulting in some of the following employee feedback: • 1 love working for the City of Temecula! No suggestions at this time." )7 • Enthusiastic about my Department and the work we accomplish." )7 • 1 am very lucky to be working with a wonderful team. They all make it very easy to work together." )7 • You guys have created such a great environment here, and I really love working for the City of Temecula." City Clerk's Office Year in Review - 2023 CityCterk Non -Recurring Items • Completed City Council Protocol Manual and Worked with Council Protocol Manual Subcommittee on 20 Policies and 1 Resolution of Principle, Conducted Related Research and Prepared Staff Reports and Presentations. • Completed Three -Year Multi -Phased Race, Equity, Diversity, and Inclusion (REDI) Initiative and 13 Sub -Items to Normalize Conversations, Operationalize Action, and Organize a Sustainable Effort. • Researched, Prepared, and Facilitated Adoption of a City Council Term -Limit Ordinance to be Voted Upon in the NOV 2024 General Municipal Election. • Researched, Prepared and Facilitated Adoption of City Council Compensation Ordinance to Become Effective After the NOV 2024 Election. • Researched, Prepared, and Facilitated Adoption of Boards and Commission Compensation and Stipend Ordinance. • Prepared and Facilitated Adoption of Resolutions and Ordinance Setting Forth the Revised Roles and Responsibilities of All Four Commissions (Community Services, Planning, REDI, and Traffic Safety). CityCterk Non -Recurring Items • Conducted Eight Massage Permit Appeals in Coordination with Office of Administrative Hearings, Riverside Sheriff's Office, City Attorney, and Community Development. • Facilitated Council Consideration and Decision on Conditional Use Permi Revocation for The Bank in Coordination with Office of Administrative Hearings, City Attorney, Special Counsel, and Other Stakeholders. • Created and Implemented New Inclusionary Proclamation Program for REDI Commission Meetings at Council Direction in Coordination with TVU • Created and Implemented New Public Recognitions Program at Council Direction and Worked with Related Subcommittee to Consider Inaugural Year Nominations. • Implemented Statewide Electronic Courier Universal Recording Environm (SECURE) Government to Government (G2G) Portal for Electronic Recordi with the County of Riverside Recorder's Office. • Worked with Riverside Registrar of Voter's Office to Identify seven Sites for Vote By Mail and Voter Assistance Centers for MAR 2024 Election; Completed Related Agreements. • Coordinated and Facilitated Attendance at 2023 Legislative Action Days in Sacramento and Legislative Meetings, Prepare Related 2023 Legislative Priorities FAQs. CityCterk City Council • Prepared City Council Subcommittee List for Annual Approval and Distribution. • Administered City Council Meeting Logistics = 25 Meetings. • Processed City Council Meeting Related Documents (Create, Track, Post, Publish, Log): Agendas = 25 / Minutes = 24 / Resolutions = 86 / Ordinances = 12. • Processed Community Services District Meeting Related Documents (Create, Track, Post, Publish, Log): Agendas = 22 / Minutes = 21 / Resolutions = 8. • Processed Successor Agency to Redevelopment Agency Meeting Related Documents (Create, Track, Post, Publish, Log): Agendas = 1 / Minutes = 1 / Resolutions = 1. • Processed Public Financing Authority Meeting Related Documents (Create, Track, Post, Publish, Log): Agendas = 4 / Minutes = 4 / Resolutions = 11. • Processed (Create, Amend, Track) Staff Reports for City Council Meetings = 309 Reports. • Processed (Create, Amend, Track) Staff Reports for TCSD Meetings = 14 Reports. • Processed (Create, Amend, Track) Staff Reports for SARDA / TPFA Meetings = 5 Reports. • Processed (Create, Amend, Track) Staff Reports for REDI Commission Meetings = 1 Report. CityCterk Boards and Commissions • Prepared Board and Commission Handbook for Annual Approva • Facilitated Annual Joint Meetings Between City Council and All F Coordinated Content and Presentation for REDI Commission. • Worked on Temecula CultureFest Event for World Diversity Day ii Consultation with the REDI Commission and Community Servici • Worked on First Santa's Electric Parade for REDI Commission as Stand -Alone Entry. • Processed (Notice, Recruitment, Appointment, Orientation) Vacancies for Board and Commissions = 6 (1 Community Services Commission, 1 Planning Commission, 2 Traffic Safety Commission and 2 for Race, Equity, Diversity, and Inclusion Commission with total of 29 applicants). CityCterk Boards and Commissions • Processed Race, Equity, Diversity, and Inclusion Commission Meeting Related Documents (Create, Track, Post, Publish, Log): Agendas = 10 / Minutes = 9. • Processed Planning Commission Meeting Related Docume Agendas = 13 / Minutes = 11 / Resolutions = 20. • Processed Traffic Safety Commission Meeting Related �= Documents (Post, Publish, Log): Agendas = 7 / Minutes = 6. _ • Processed Community Services Commission Meeting Related Documents (Post, Publish, Log): Agendas = 10 / Minutes = 9. CityCterk 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) = 53. • Processed Statements of Economic Interest (Form 700) / Amendments for City Council, Boards and Commissions and Designated Employees = 66. • Processed Semi -Annual Campaign Disclosure Filings (410, 460, 470, 497) for City Council Members and Candidates with Open Committees = JAN 2023 & JUL 2023. CityCterk GeneralOperations • Processed (Route, Track, Log) Contracts / Agreements = 423. • Processed (Route, Track, Log) Contracts / Agreement Amendments = 71. • Conducted Project Bid Openings / Processed Notice Inviting Bids = 13. • Researched and Prepared Ribbon Cutting / Grand Opening / Anniversary / Academic Achievement / Miscellaneous Certificates = 174. • Researched and Prepared for Presentation Proclamations = 26. • Prepared and Scheduled Presentations from Local Non -Profits and Organizations for City Council and Race, Equity, Diversity, and Inclusion Commission Meetings = 14. VN t L. CityCterk General Operations • Processed (Create, Post, Publish, Log) Cancellation Notices for City Council and Board and Commission Meetings = 30. • Processed (Create, Post, Publish, Log) Committee Meeting Notices = 25. • Processed (Create, Post, Publish, Log) Citywide Newspaper Publications and Public Hearing Notices = 71. • Processed Bond Releases (Tract Map, Parcel Map, Landscape and Contracts) = 48. • Recorded Documents with the County of Riverside = 72. • Processed (Image, Log, Distribute) General Liability Claims and Litigation = 62 Claims and 8 Litigation. CityCterk General Records • Prepared Records Retention Schedule for Annual Approval and Distribution. • Administered Annual Records Destruction = 111 Standard Boxes. • Processed, Tracked, and Completed Public Records Act Requests = 1,075. • Transferred Records for Disposition (Holding, Scanning or Shredding) = 42 Boxes. • Closed Public Records Act Requests in GovQA on Average = 4.13 Days. • Requested Building Plans = 92. • Public Archive Page Views for Public Records Act Requests = 113,228. CityCterk General Records • Added Files to Building and Safety Laserfiche Folder = 484. • Added Pages to Building and Safety Laserfiche Folder = 4,974. • Added Files to Public Works Laserfiche Folder = 1,879. • Added Pages to Public Works Laserfiche Folder = 43,786. • Added Pages to City Council Agendas Folder = 27,572. • Added Contracts to Laserfiche Folder = 896. • Added Pages to Contracts Laserfiche Folder = 13,032. Finance Year in Review - 2023 Finance Recognition • Received the Award for Excellence in Financial Reporting from the Government Finance Officers' Association (GFOA) for the Fiscal Year 2021-22 Annual Comprehensive Financial Report. • Received the California Society of Municipal Finance Officers' (CSMFO) Excellence Awards for the Fiscal Year 2022-23 Annual Operating and Capital Budgets. • Received the GFOA's Distinguished Budget Presentation Award for the Fiscal Year 2022-23 Annual Operating Budget. Finance Fiscal Management • Prepared and presented a balanced FY23-24 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 $820 million over 104 separate projects. Implemented the City's first Debt / Liability Paydown Strategy to payoff the City's 1W unfunded liabilities within a seven-year time horizon, without using City Reserves. Successfully paid off the Civic Center Loan ($12.6M), the Margarita Recreation Center Loan ($5M) and paid down $7.25M of the City's pension unfunded liability, all of which created annual operating savings in excess of $3M for FY2023-24 (Starting in Year 2 on the chart) 1G.COROW %OW,000 810W10W 71000,000 rlaaa�aaa s,OW10DO a,00010W 3,OMO , 0 2,000,000 1rr 000 Budgetary Saving Year Year Year Year Year Ye4rYe4rYearY"r Year Y42ar Year Year Year Year 1 2 3 4 5 6 7 8 S 10 11 12 13 14 15 - Pensicm {JAL savirkgs C+vbC Centerlmftc Savings �$a1Af gg athi d Finance Fiscal Management • Prepared a 15-Year financial projection for the General and Measure S funds, as part of the Debt/Liability Paydown Strategy analysis. • Deposited an additional $2M into the City's Irrevocable Pension Trust, to offset future increases in the Pension rates, increasing the City's pension funded status to 86%. • Updated Pension and Other -Post -Employment -Benefits (OPEB) valuation and projections, with the help of the City's actuarial consultants. • Assisted in the review, analysis, and formation of several new Community Facility Districts, including Altair, Prado, and Heirloom Farms. • Implemented new cash management monitoring process to ensure large CIP projects do not put a strain on the City's cash flow. • Conducted internal payroll audit to ensure proper CaIPERS and bargaining unit classifications for all employees. Finance Fiscal Management • Provided monthly Treasury Reports and List of Demands to the City Council. • Provided quarterly Financial Report updates to the City Council. • Submitted timely reporting on the receipt of the City's ARPA Grant Funding. • Earned approximately $800,000 in interest earnings as a result of the Council -approved Investment Policy and Strategy, adopted in JUN 2022 (over and above LAIF reti • Doubled the rate return on City investments (1.7% to 3.9%, on average). estment Yie Id s Yield. % OR 6.0 Cltyrs New Investment 4.0 Program LAW 3.0 2.0 Clws Former lnwaatmants 1.0 o.p 14122 Aug22 Sap 22 W 22 Nw 22 D K 22 W 23 rop 23 Mae D Apr 23 M#y 23 Jyr 23 1023 Aug23 Sep 2J Cc 23 Finance Process Improvements • Implemented the financial modules of City's new accounting system, Munis, including General Ledger, Accounts Payable, Accounts Receivable, Budget, Purchasing, Contracts, Cashiering, Project/Grant Accounting and Capital Asset Management. • Began planning for second phase of Munis implementation, which includes the Human Resources and Payroll modules. • Began the implementation of the CalCard procurement card system, to reduce the number of purchase orders issued and expedite the purchasing process for all departments. • Transitioned to a new banking platform with US Bank due to their acquisition of Union Bank. • Evaluating Purchasing procedures and policies to improve efficiency, transparency, and provide for a more streamlined procurement process. • Streamlined business license application submittal process between Finance and Community Development departments, also allowing customers access to their approval status by using the online Citizen Self -Service portal. • Improved cash handling processes, internal controls, and methods to better safeguard City assets. Finance Customer Service Metrics Business Licenses: • Issued a total of 7,310 Business Licenses. • Issued 1,237 licenses to newly opened businesses (623 inside the City, 614 outside the City). • 58.4% of Business Licenses were renewed online. • Served 4,334 customers at Cashier counter. • Average wait -time at Cashier counter was 2.34 minutes. • Average service duration was 6.21 minutes. • Accounts Payables: '#* • Processed 14,666 invoices. • 45% of invoices paid via electronic funds transfer (EFT). • 363 vendors paid via EFT. 0 444 Contracts tracked in Munis. Finance Customer Service Metrics Purchasing: • Issued 2,916 Purchase Orders. • Issued 728 Change Orders to Purchase Orders. Payroll: • Issued 10,667 Paychecks / Direct Deposits. • Trained 15 new employees on timekeeping process. Budget Management: Processed 295 Budget Amendments, including 10 separate Council -approved Amendments. Finance Personnel Management & Team Building • Hired four new employees to assist with Cashiering (Christine Blietz and Charlee Hyon), Purchasing (Baylee Spetz) and Payroll/Accounts Payable (Daniele Torino). • Hired new Finance Manager (Paula Majors) to oversee Capital Improvement Program accounting, budget and assist with the administration of the Community Facility Districts. • Won the coveted Best Department Halloween Costume" trophy for the second year in a row. Way to go Team Finance!!! Human Resources/Risk Management Year in Review = 2023 Human Resources/Risk Manage Human Resources • Processed 400 performance evaluations electronically in NEOGOV Perform including seasonal, probationary, and annual evaluations. • successfully launched NEOGOV eForms allowing employees to submit common HR forms electronically such as contact information or tax withholding updates. • Attended the NEOGOV Conference to continue to expand knowledge on the five NEOGOV programs HR staff maintains to support the employee lifecycle in one centralized K • Transitioned recruitment offer letters to electronic format where candidates can review, accept, and sign offers online to improve the new hire experience and streamline internal processes. • successfully processed a COLA increase for all employees effective JUL 1, 2023. • Reclassified 30 employees identified as working out of class through the annual reclassification study. • Processed over 740 personnel transactions including 94 separations and retirements. • Attended three in -person job fairs and one college fair where we made contact with over 400 people. • Updated advertising materials to include trending trade specific work, and provided more information on certification and License requirements versus traditional college. Human Resources/Risk Manage Human Resources • Created the Program Manager classification to allow for proper classification of Public Works employees working with specific programs and project management. • Updated 17 classification specifications to ensure job descriptions are current, accurate, and relevant for recruiting and retention purposes. • Updated the administrative classification series— removing Office Aide II and III classifications and updated Office Aide to establish a true entry level opportunity in the administrative series. • Decreased time to hire by 9% with the average time to hire at 61 days. • Conducted 51 recruitments since JAN 2023. • Hired 132 employees since JAN 2023. • Updated EEO-4 data for all classifications to allow for proper reporting. Y.me��LC A.go.1J96: 951-G94.6490 • Contracted with anew background screening company to provide abetter candidate experience in the background process. Human Resources/Risk Manage Human Resources • Established process for backfilling employees on extended leave of absence. • Improved and streamlined the annual open enrollment process by 7 offering a passive open enrollment. • Received and processed 180 open enrollment transactions. .. • Added a 529 College Savings Plan to the City's voluntary benefit offerings. • Secured the services of a consultant to evaluate and enhance the City's voluntary retirement savings plans. • Updated the City's Section 125 Cafeteria Plan Document. • Implemented anew Affordable Care Act (ACA) administrator to handle the full scope of ACA administration and compliance. • Launched the personnel policies update project with approximately 75% of policies updated. A comprehensive Personnel Policies document is expected to be finalized in early 2024. Human Resources/Risk Manage Risk Management • Prepared a revised COVID-19 Prevention Plan to align with the Cal OSHA Permanent Standard. • Managed multiple COVID cases and work -related exposures along with many COVID related leaves. • Continued to use a safety training vendor, Safety Center Inc., for in -person safety trainings. • Continued the Employee Wellness Program in a hybrid environm Established a fitness center at the FOC for staff to use. Complete updates to the Civic Center Fitness Center, including new equipment, heavier free weights, and newer technology. Hosted a variety of events for all employees to participate in physical, mental, and financial wellness opportunities, including Walk of Hope, Bike to Work Day, Yearlong Employee Wellness Bingo, Employee Health & Wellness Fair, and Lunch & Learns. Executed partnerships with EoS Fitness, and Farm Fresh to You. • Continued the Hearing Conservation Program with annual hearing exams for all employees who fall under the Cal OSHA regulation. Over 30 City staff members had their hearing tested in August. • Coordinated the second annual National Safety month with citywide safety activities and raffle prizes in JUN 2023. • Continued with Interactive Process meetings for on-the-job injuries. Helped supervisors and employees understand the world of Workers' Compensation. Human Resources/Risk Manage Risk Management • City property damage cost recovery revenue is estimated to be $90,000 for 2023. • Maintained compliance with the City's Bloodborne Pathogen Program by offering Hepatitis A & B Vaccinations to all staff who may have exposure based on theirjob duties or have a signed declination on file. • Continued cross -training efforts in the Risk Management Division on Workers' Compensation and Liability Claims programs and other Risk related tasks. • Continued to utilize Learn, a cloud -based learning management system with NEOGOV. Rolled out Emergency Management trainings including Disaster Service Worker and FEMA cours Also launched multiple safety trainings and added external learning and licenses and certificatic tracking to employee profiles. • Researched and obtained a vendor to install vending machines in City facilities. The new vending machines include the option for cashless purchases and additional choices with the cold food vending options. • Coordinated over 40 ergonomic assessments of employee workstations with 31 assessments resulting in the employee being outfitted with an ergonomic standing desk. • Attended the NEOGOV conference and gained additional knowledge on NEOGOV's suite of products including learning about exciting new products and enhancements. Human Resources/Risk Manage Risk Management • Attended the Public Agency Risk Management Association (PARMA) conference in FEB 2023. We attended risk courses related to workers' compensation, liability and insurance, and networked with other public agency Risk Management professionals. • Attended the SHAW Bootcamp with the two other managers in HR. During the two-day bootcamp we were fully immersed in the disability interactive process and how to navigate accommodations when the need arises. • Started the implementation process with Veriforce, a third -party administrator, to house, review, and maintain certificates of insurance. Veriforce is assisting with new insurance language for all agreement templates. Purchased City of Temecula branded straw sun hats for employees who work outdoors in the sun to protect against the UV rays. Coordinated a demonstration of Meridian Road Barriers for use to enhance safety at events that may be impacted by traffic collisions (farmers market and special events). Temecula Fire Department Year in Review = 2023 Fire Department Fire Suppression • First Contract City with CalFire/Riverside County Fire Department to achieve an ISO Rating of 2. • The Calls of service for Battalion 15, Temecula Division to date is 8,916: • 8 Commercial Fires. • 890 False Alarm. • 22 Haz Mat. • 6,521 Medical Aids. 3 • 2 Multi-Fam Dwelling Fire. • 43 Other Fire. • 75 Other Misc. • 393 Public Service Assist. • 17 Residential Fire. • 15 Rescue. Fire Department Fire Suppression The Fire Department attended training courses to help further career advancement. The personnel also completed the Joint Apprenticeship Committee requirements. We are currently in design review for the addition of a new apparatus bay, gym, and fueling station for Fire Station 73. The Fire Department is also working to complete the design for the renovation of Fire Station 84. During the year 2023, we completed several small projects at the Fire Stations to ensure that they are annually maintained. The Department also participated in a few special events to support the community Fire Safety education program. The Preparedness fair started our busy time of the year. For Fire Prevention Week we hosted an Open House at Station 12. We joined the City in celebrating Halloween by joining in on the Annual Truck N Treat. This past year, we took delivery of two new Medic Squads for Station 84 and Station 92. We unveiled these vehicles with our City Council, Chief Crater, Aaron Adams, Kevin Hawkins, and Luke Watson in front of City Hall in OCT 2023. We are anticipating the new Fire Cart (UTV) to be fully equipped by the beginning of DEC 2023. Fire Department Medic /TCC • Medic/Training: • 396 CPR cards issued. • 270 First Aid cards issued. • 31 BLS cards issued. • 32 Stop the Bleed certificates. • 38 Adult CERT graduates. • 62 Teen CERT graduates. • With the assistance of Station 92 personnel, staff from Temecula Valley Hospital, Inland Valley Hospital and Temecula Valley Unified School District Staff, 450 Great Oak HS students received Stop the Bleed and Sidewalk CPR training. t - f rz■� f q Fire Department =ffowele" • Temecula Citizen Corps: • This year, the Temecula Citizen Corps celebrated its 20th year anniversary. • Our volunteers logged in: • 2,901 volunteer hours. • 63 incident hours. 38 active members. • Implemented anew function to assist the City, the Radio Group. This group is responsible for ensuring the Office of Emergency Management has the capacity to communicate with stakeholders and community partners before, during, and after disasters. • The TCC took important steps to establish a 501 c3. • The TCC assisted the City by participating in the Great Shakeout at multiple City facilities. • Along with the Office of Emergency Management, the TCC filmed a recruitment video. This video highlights the importance of preparedness that the City fosters in the citizens. Fire Department Fire Prevention The Temecula Fire Prevention Division had another steady year between plan checks and inspections. The department has already completed 5,870 plan reviews for new construction and tenant improvements for building plans and fire permits. This included 52 plan reviews for new projects with public works. Inspections have been steady throughout the year with these projects, and the department has already conducted 5,135 inspections on just new construction and tenant improvement projects. For the annual inspection program, the department _ has completed 2,521 inspections on businesses here in the city, and the department has full compliance with the state -mandated inspections, completing 3,220 inspections. State -mandated inspections have to be completed every fiscal year and reported to the state by JUN 2023. We continue to meet those goals and completed all state -mandated inspections in MAY 2023, and went to Council in JUN 2023, to show the City was in compliance with State Senate Bill 1205. The Department continues to advance with all the new technology, and just about all work done now with inspections and plan review is paperless. Customer service is still a number one priority, not only with our residents and business owners, but also the contractors. We continue to thrive on customer service, and always go above and beyond to meet the customers, contractors, or residents' needs. Fire Department Fire Prevention The Department continues to work with RSO for the Old Town Task Force doing occupancy compliance checks on Friday and Saturday nights. The Department has developed great working relationships with all the restaurant and bar owners and continues to comply with the fire code requirements. By making the presence and the continued collaboration with RSO, incidents have decreased significantly in Old Town and all establishments and are continuously in compliance. The Department also works with RSO for massage compliance checks. The fire prevention division and RSO have developed a phenomenal working relationship over this past year and continue to work together. The Department created a QR code for false alarms. This code is now placed in all engines in the City via a sticker, and every time our engines go to a false alarm, they are able to scan this code and fill out the false alarm docket. This is then sent immediately to prevention, and we send an inspector for follow-up. By doing this we have decreased the number of false alarms in the City significantly, and have been able to get fire alarm systems repaired and operations that have been out of service. Staff continues to growwith ongoing training and continued education. The prevention team is a group of team players and are always there to help on another. Fire Department Office of Emergency Management This year saw the transfer of the Office of Emergency Management from the HR/Risk Management Department to the Fire Department. This organizational realignment resulted in positive steps towards creating a more secure and resilient City with the capabilities required across the whole community to prevent, protect against, mitigate, respond to, and recover from the threats and hazards that pose the greatest risk to the City of Temecula. 14 L 1wr 2023 OEM HIGHLIGHTS BY THE NUMBERS [� 6 Hours of Duty 7 officer Coverage Plans Created, j� Updated or Reviewed T ■ n EOC Level 3 Activations $50K Grant DDIIar= Coordinated FEMA Emergency Disaster Recovery [POE Alerts Projects Sent IS 1� Planning & Coordination Meetings Held 7 Positions on 2 Days of Committees & Councils EOC Activation Temecula Police Department (RSO) Year in Review = 2023 Temecula Police Department Projects • Completing a remodel of booking area, desks, and report writing room at the Southwest Station. This project is scheduled to be completed in DEC 2023. • Completed remodel of the Old Town Storefront office for the METRO Team with furniture, lockers, gun safe, televisions, and computers. • Completed Computer and data cable installation for METRO and CORE. • Purchased new furniture for the Southwest Station Briefing Room. • Purchased four gun safes for METRO and CORE. • Worked with Code Enforcement to develop processing of 602 letters completely electronic. • Deployment of Individual First Aid Kits (IFAK) for deputies. 1.1 Temecula Police Department Programs and Services • Created the Robbery/Burglary Suppression Team in NOV 2022. • In the process of creating and implementing a Drone Team Program out of Southwest Station. • Processing of Temporary User Permits. • Processing of Conditions of Approval. • Processing of ABC Permits. • Processing of Pawn Shops, Second -Hand Dealer, and Firearms dealer licenses. • Processing of door-to-door solicitor licenses. • Approving and Revoking of massage establishment licenses. • Law Enforcement staffing for special events in the City. • Temecula Sheriff continues to provide full law enforcement services at The Promenade Substation and the Old Town Substation. • METRO Team relocated and deployfrom the Old Town Substation. Temecula Police Departmen 2023 Statistics Patrol Division • Total Temecula calls for service — 76,191. • Average response time to priority calls — 6.85 minutes. • High -priority calls for service— 829. • Volunteer Services • Volunteer Forces. • Increased the number of Explorers, Sworn Reserves, and Posse members. • Total Volunteer hours — 9,924. Temecula Police Department 2023 Statistics CORE Team • Outreach Attempts - 64. • Homeless and SWAG Street Exits - 22. • Arrests - 310. • 12 Proactive Operations addressing massage parlor violations, human trafficking, quality of life enforcement, and ABC Violations. • Search Warrants - 26. • Consistently working collaborativelywith City Homeless Outreach, SET, INV & GTF, and supplementing patrol in addition to providing tactical planning for major city events sponsored by TCSD. Temecula Police Department 2023 Statistics METRO Team • Arrests - 963. • 11 Proactive Operations addressing quality of life and ABC Viol • Building relationships with business owners in Old Town Teme, • Consistently assisting SET, INV & GTF, and supplementing patr Special Enforcement Team • Search Warrants - 83. • Arrests - 394. • Consistently Assisting METRO, CORE, GTF, INV, Special Investigations Bureau, Southwest Narcotics Corridor, and supplementing patrol. • 16 Operations addressing quality of life complaints made by citizens. Temecula Police Departmen 2023 Statistics Investigations • Cases assigned - 419. • Cases closed - 489. • Cases filed with DA- 83. • Arrests - 41. • Search Warrants - 300. Robbery/Burglary Suppression Team • Cases assigned - 241. • Cases closed- 173. Cases filed with DA- 53. Arrests - 78. • Search Warrants -136. Temecula Police Department 2023 Statistics Traffic • Citations issued — 22,642. • Commercial Enforcement citations issued — 321. • DUI arrests — 375. • DUI Checkpoints conducted —4. • Injury traffic collisions — 336. Promenade Substation • Arrests — 207. • Calls for service — 2,442. • Citations — 322. The results are Comprehensive Law Enforcement Services provid through a long-standing contract with Riverside County Sheriff's u m utd, which is foundational to the safe — high quality of life — enjoyed by residents, businesses, and visitors. Information Technology and Support Services Year in Review - 2023 Information Departmental and Sup 2023 Municipal Information Systems Association of California (MISAC) Excellence in IT Practices Award. Employee Technology Use Policy Legal Review & Update. 2023 Nationwide Cybersecurity Review (NCSR). Information TechnoLogy and Sup Cyber Security • Provided End -User Cyber Security Training through E-Mail Phishing Campaigns & Cyber Awareness Videos. • Upgraded or Replaced 26 Unsupported Servers. • Implemented Patch & Vulnerability Management Software. • Stopped 24.7 Million Threats. • Blocked Access to Over 1,055 Known Harmful Websites. • Blocked Access to Over 350 Known Harmful IP Addresses. Information TechnoLogy and Sub Network Infrastructure • Wireless Access Point Lifecycle Replacements. • Old Town Wireless District Enhancement: • Over 1,000 Users Per Day Access Wireless Internet Provided at All City Locations. • Average Daily Usage of the Wi-Fi is 2.76gb Per Day. • Total Wireless Data Transferred is 159 Tb. • Mitel Phone Switch Lifecycle Replacements. • Firewall Lifecycle Replacements at The Library, Theater, and Senior Center. • Riverside County Sheriff CORE Team Move to City Hall. • Old Town Police Storefront Renovation. Information Technology and Su Network Infrastructure • CRC Renovation including New Data Cabling. • Margarita Recreation Center Construction. • Installed Temperature Sensors in All City Hall Data Closets (IDFS). • TVE2 Access Control Enhancement. • Installed Fiber Connections: Senior Center, Theater, History Museum, 6th Street, and Sam Hicks. • TCSD Welcome Center Reconfiguration. • eGoldFax Fax System Implementation. • Successfully Sent over 600,000 and Received over 4,000,000 E-Mails. Information TechnoLogy and Sub Tech Support • Monitor Lifecycle Replacement. • Computer Lifecycle Replacement. • InvGate Helpdesk System Implementation. • Processed Nearly 1,000 Helpdesk Tickets. • Completed Inventory of All City -Owned Computer Assets. • Received Over 2,300 Calls to the Helpdesk. Information Technology and Su Enterprise Application Services Enterprise Application Upgrades, Security Patches, and Bug Fix( • Enterprise Permitting & Land Management: • SB 379 Instant Online Solar Permit. • SB 13 Accessory Dwelling Unit Permit. • Tyler ERP Financial, Payroll & HR Implementation Year 2: • Created Approval Process Workflows for Each Function. • Facilitated User Software Training. • Streamlined Purchasing&Accounts Payable Procedures. • Configured All Permission & Security Roles. Information Technology and Su Enterprise Application Services • Cashiering / Point of Sale: • Configured System for Compatibility with US Bank. • Configured Integration with New Financial System. • Record & Form Management: Implemented Replacement for Legacy Utility Billing Repor • Recreation Management: • Migrated League Management from Legacy Application. • Implemented Global Payment as Payment Processor. • Deployed EMV & Tap to Pay Card Readers at All POS Locations. Information Technology/ and Sub Geographic Information Systems (GIS) Holidays & Special Event Maps: • Christmas. • Fourth of July. • Halloween. • Rod Run. Citywide Project Maps & Data Collection: • Banner Map Update. • Bike Lanes & Trails Z Fold Map. • CIP Project Map. Code Enforcement Case Maps. Fiber Master Plan Maps. Land Use Study Data & Maps. Information Technology/ and Sub Geographic Information Systems (GIS) Citywide Project Maps & Data Collection: • National Wildlife Refuge Act Potential Acquisition Maps. • OEM Critical Infrastructure & Deployment Zone Maps. • Old Town Parking Analysis. • Old Town Sound System Replacement Project Maps. • Pavement Rehabilitation & Slurry Seal Maps. • Public Works & Planning Grant Application Exhibits. • Public Works Weed Abatement —Street Atlas. • Security, Traffic, & Public Safety Camera Maps. '#* • TVUSD New Development Map. • Uptown Specific Plan Analysis. • Urban Tree Inventory Map. • Voting Precincts Map. • Wi-Fi Gardens Maps. Information Technology/ and Sub Geographic Information Systems (GIS) New or Updated Web Maps & Applications: • ADA Compliance Web Application. • Bicycle Friendly City Application Data & Maps. • NearMap Aerial Photography Implementation. • New Weed Abatement Application. • OEM Disaster Preparedness Storymaps. Training & Outreach: • TemeculaCA.gov GIS Tutorial Document Update. • Training, Conferences & User Group Attendance. • Quarterly User Meetings. Information Technology and Su Support Services Central Services: • Installed 5 New or Replacement Copiers. • Installed Replacement Paper Folding Machine. • Implemented Electronic Certified Mail Solution. • Printing Services: • Approximately 3,000 Plans & Posters Printed. • Approximately 1.8 Million Copies Made. • Mail & Shipping: • Processed Approximately 30,000 Outgoing USPS Mail Pieces. • Delivered Approximately 21,000 Incoming USPS Mail Pieces. • Delivered Approximately 2,500 Packages Received Via Fed Ex, UPS, and Amazon. Information TechnoLogy and Sub Support Services Support Services: • Call Volume: • Received Over 15,000 Calls. • Maintained An Average Call Duration Of 0:50. • Department Support: • Supported the Finance Department by assisting with the Business License. Renewal Process: • Assisted the City Manager's Office by Posting City Press Releases and the City Manager's Daily Updates. Information Technology and Su Media Services Special Events: • State of the City Event & Presentation. • 4th of July Parade. • Santa's Electric Light Parade— Live Broadcast. • Rod Run & Cruise Night Audio Support. • Parade & Rod Run Timelapse Videos. • Pechanga Pu'eska Mountain Day. • Deputy Kent Hintergardt 30th Anniversary Memorial Ceremony. Public Meetings: • 26 Council Meetings. • 44 Boards & Commission Meetings. • Temecula Valley Hospital Community Meeting. • Budget Workshop & Presentation. • Human Trafficking Awareness Conference. Information Technology and Su Media Services Groundbreakings & Ribbon Cuttings: • French valley Parkway Phase 2 Groundbreaking. • Santa Margarita Ecological Reserve Research 1 Solar Project Ribbon Cutting. • Mary Phillips Senior Center Grand Reopening. • Redhawk Community Park Playground Reopening. Drone Missions: • Five Park Adventures. • Military Banners & Pavers. ,** • Egg Hunt Harveston. • MRC Construction Series. Information TechnoLogy and Sub Media Services Outreach: • Seven Hello Temecula episodes. • Three Council Spotlight Videos. • New Helpdesk Video. • Traffic Advisory— FVP2-215 Switchover. • Roundabout PSA. • Temecula Citizen Corps —A Community in Action. • 24 Videos for Read Across America. Information TechnoLogy and Sub Media Services Projects: • New Old Town Sound System. • Monsido Website Accessibility. • Digital Asset Management System. • Cable Television HD Upgrade Spectrum. Information TechnoLogy and Sub Media Services Cameras & Security Systems • Installed New Cameras: • Old Town. • Traffic Intersections. • Friendship Park. • TCSD Welcome Center. • 6th Street Communications Room. • Margarita Recreation Center Construction. • Provided Training to Sheriffs for Exporting Video Footage. • Installed Security Camera Viewing Station at the Southwest Police Station. • Installed Security Camera Viewing Station in the New Old Town Police Station. Information Technology and Su Media Services Library Technology Service • Reconfigured Library'"' ' Added Additional Wi- Community Services Year in Review - 2023 Community Services Administrative Services (AS) • Thoroughly reviewed the Department budget and worked with Division managers to prepare for increased programming and a new facility, and accurately project a correlated increase in revenue. • Completed a six -year review of Department budget trends by Division. • Successfully utilized the newly developed contract routing and purchasing system to process 147 agreements and create 307 purchase orders. • Developed a new process for project staffing budget tracking and activity log to ensure budget compliance and realistic projections are achieved. • Assisted the Homeless Outreach Division with beginning the process of completing a Temecula -focused Gaps & Needs Analysis and five-year Homeless Outreach & Prevention Strategic Plan. • Completed the CDBG Application for the Homeless Prevention & Diversion Program. Community Services Administrative Services (AS) • Completed a grant application for Inclusive Services Programming. • Assisted the Homeless Outreach Division in revising and expanding their monthly activity and outcome reporting structure. • In partnership with Community Development, Administrative Services helped to calculate seven Quimby fees for current housing development plans. • Completed a process and procedure overview for the Administrative Services Division resulting in a comprehensive procedural guide. • Continued to implement the complete integration of RSO CORE Team into dailyTCSD operations, including supporting Homeless Outreach, Special Events, and overall quality of life initiatives. Community Services Aquatics • Served over 140,000 patrons between all three pools; taught over 3,800 swim Lessons; 108 special needs swim lessons; 10,955 lap swimmers; provided exercise classes to over 1,100 participants; and taught Lifeguard, Lifeguard Instructor, and Water Safety Instructor classes to 147 participants. • Total: 131,084 (including spectators and rental groups) • Lap Swim: 10,955. • Water Exercise: 1,102. • Adaptive Lessons: 108. • Public Swim: 12,189. • LG/WSI/LGI Classes: 147. • Youth Swim Lessons: 3,471. • Successfully staffed the Eagle Soar Splash Pad located at Michael Mike' Naggar Community Park during the Summer with a total attendance over 35,000. • Earned the CPRS Aquatics Section Innovative Programming Award for the Hiring Workshop. • Assisted with a large-scale Sidewalk CPR event at Great Oak High School in FEB 2023, along with Matt Hayes, Mikel Alford FIRE, and Temecula Valley Hospital to teach over 500 high school students basic CPR. Community Services Aquatics • Expanded Junior Lifeguard Program to two sessions with two different age groups this summer. Students in the 10-13 age group learned basic water safety and first aid skills. Students in the 13-16 age group assisted with swim lessons, and learned basic lifeguarding and water rescue skills along with first aid and emergency response. • Junior Lifeguards and Swim Buddies volunteered over 2,800 hours assisting with public swim and swim lessons. • Partnered with First 5 Riverside to provide swim lesson scholarships to 42 children ages 5 and under from low-income families. • Worked with the Cities of Murrieta, Lake Elsinore, and Menifee to reinvigorate the Valley Wellness Coalition and provided free water exercise classes: Shallow Water Aerobics and Adaptive Water Walking, in the month of JUL 2023. • Grew the Aquatics Division Instagram to over 1,000 followers. • Created a pre -summer training plan for 90 summer staff. Staff completed online training modules in Google Classroom which included ten hours of videos, worksheets, reading material, and completed 35 hours of in -person training. • Provided invaluable opportunities for community members to exercise through Water Exercise Classes, Lap Swim, and Masters Swim with modifications to enhance staff and patron safety. These programs experienced record numbers due to their continued quality and the lack of other opportunities in the area. Community Services Arts, Culture & Entertainment • Offered seven new Emerging Artist Murals featuring large-scale, installations by local artists with diverse topics: Frederick Dough Cesar Chavez; Celebration of Parents; Japan's Marine Day —A Jal Celebration of the Ocean; California Admission Day; Native AmE Heritage Month; and Christmas Around the World. • Organized and hosted the Temecula Valley Unified School Distric School Student Art Showcase and reception displayed at the Temecula Valley Museum. IW • Organized the 16th Annual Ralph Love Plein Air Competition exhibit and reception at the Temecula Valley Museum with a record -breaking 36 artists contributing 67 beautiful artworks featuring their artistic view of landscapes of Temecula. This year we added anew Youth Category (17 & under) and received six entries from four young artists. • Successfully rebranded the monthly First Fridays' Art Off The Walls into Temecula Art Nights at The Gallery at The Merc & The Lot on Main, offering a total of 142 total artist booths (an average of 15 per event) for various artists to display and sell their work at no cost to the artists. • Coordinated, contracted, and installed 26 art gallery installations at Ronald H. Roberts Temecula Public Library; Civic Center Gallery; Welcome Center; The Gallery at The Merc; and Temecula Valley Museum Rotunda Gallery. • Conducted Art Gallery receptions, operating in conjunction with Temecula Art Nights for various artists to showcase their talents, including nine individual artists and two artist groups, including Dorland Mountain Arts Colony and Temecula Vall Arts League. • Community Services Community Recreation Center & Ronald Reagan Sports 0 Community Recreation Center (CRC): • Worked with PW/CIP Division to complete Phase One of CRC renovations, and reopened facility in JUN 2023. • Improvements to the building included anew roof, new flooring throughout the facility, improvements to the kitchen and showers, and ADA upgrades. Teen Zone: • Teen Zone memberships continued to increase this year as the facility reopened. • Wacky Wednesdays in the Teen Zone —we added a fun monthly event for teens in the Teen Zone. Once a month we provide a fun experience for teens such as movie nights, scavenger hunts, and cooking classes. • Teen Basketball has become a major draw to the CRC for teens after school. Summer Day Camp (SDC): • Operated filled -to -capacity SDC from JUN 19 —AUG 11, 2023, with 120 daily campers (ages 6-14) and 20 volunteers who engaged in recreation activities such as crafts, sports, games, swimming, field trips, camp Olympics, and a camp carnival. Community Services Community Recreation Center & Ronald Reagan Sports Par • Color Run: • Hosted 7th Annual F.I.T. Fun Color Run at the Ronald Reagan Sports Park on SUN, SEP 24, 2023, as the Valley's most fun Run with music and color stations throughout the course; kids 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): • Hosted bi-monthly Scooter Jams that featured prize drawings, music, and refreshments for ages 17 and under. • Rentals &Classes: • Rentals for City -sponsored groups and private groups resumed this year at the CRC in JUL once renovations were completed. .. - - -A Pro" Community Services Community Outreach • Awards: • Earned 2023 CPRS Award of Excellence for Marketing & Communications Digital Media - Park Adventures. • Earned Temecula 2023 DigiFest Honorable Mention for Professional Digital Graphic Marketing -Temecula CultureFest. • Earned Temecula 2023 DigiFest Honorable Mention for Professional Digital Informative -Around & About Temecula, Episode 25 Vail Headquarters. • Inland Empire Economic Partnership's Turning Red Tape into Red Carpet Awards Honorable Mention in the Arts Innovation Category for Temecula's Just The Facts With Zak Digital Series. Community Services Community Outreach • Social Media: • 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 with a combined 21,755 views on Facebook, Instagram, and YouTube. • Increased TCSD Instagram Followers by 77%, from 5,362 to over 9,500, obtaining over 3,500 new followers this year! • Increased TCSD Facebook Followers by 17%, from 5,636 to 6,580. • Created 54 successful Instagram Reels increasing viewership and follows (over 469,000 views). More than doubled from last year's total of 243,000. • Broke the all-time City Instagram record for most views from an Instagram Reel. The Halloween Carnival Reel has over 147,000+ views, and our Halloween Happenings Reel was a close second at 144,000+ views. These two Reels combined grossed 292,000 views. • Created 204 Instagram Stories, receiving over 127,000 views, a 68% increase in viewership from 2022. • TCSD Facebook Reach 274,582 (126% increase from 2022). • TCSD Instagram Reach 277,303 (102% increase from 2022). Community Services Community Outreach • Digital Media: • Created five episodes of a new digital media series called Just The Facts With Zak at the request of the Mayor shown at City Council Meetings which have received over 26,000 views on social media channels. • Created a City Council Spotlight video for Mayor Pro Tem James Stew' Stewart, in which he promotes the new Temecula History Day event shown at the OCT 2023 City Council Meeting. • Created another episode of the Temecula Alumni Series featuring 3rd District Supervisor (and former Mayor & City Council Member) Chuck Washington and Mayor Zak Schwank. • Assisted with the production of two videos shown at the 2023 State of the City including a drone flythrough of the Michael Mike' Naggar Community Park and new Margarita Recreation Center, and a video showcasing programing from Human Services at The Media Lab. • Created a video for Mayor Zak Schwank which was broadcasted on Access Hollywood. Community Services Community Outreach • Marketing: • Created and released 31 Department promotional eblasts, P, receiving nearly 101,000 views. % f- Assisted, created, edited, and issued 68 press releases to keep residents updated on allvirtual, hybrid, and in -person events, programs, and activities.` m - • Authored and published CPRS Magazine feature article with professional images for Leadership Focus Editorial: Engaging Seasoned Professionals As Mentors in the Fall 2023 Issue (and Cover) of California Parks & Recreation Magazine. • Created new TCSD Marketing and Media Policy and Style Guide, providing our department with specific guidelines to incorporate into Division specific marketing efforts. • Community Outreach Team presented a California Park & Recreation Society (CPRS) Education Session Presentation (APR 6, 2023) in San Diego with over 150 participants from cities and counties all around California. We received positive feedback and housed numerous questions from post -presentation participants. • Attended numerous 2023 City hosted special events and non -city events, setting up a Community Outreach Booth at the 2023 State of the City; Michelle's Place Walk of Hope; Summer Concert Series; F.I.T. Fun Color Run; and more. These booths allow us to have face-to-face interaction with our community. Community Services Community Outreach • Marlceting: • Released several highly successful Division marketing campaigns which included campaigns for Community Service Expo; Temecula CultureFest; Temecula ArtFest; Temecula History Day; Halloween Happenings; F.I.T. Fun Color Run; Sunset Market; Park & Recreation Month; and Women's History Month. • Created several program/event logos, including Art Nights; Temecula ArtFest; Culture Days; Temecula Resource Center; Community Service Expo; and Employee Health Fair. • Successfully re -branded Department long-standing programs including Temecula ArtFest (formerly Temecula Art & Street Painting Fair); Culture Days (formerly Second Saturdays); and Art Nights (formerly Art Off The Walls). • Created four in-depth programs for Youth Musical Theater plays. • Maintained and updated Department webpages and added new features to ensure easy navigation for visitors (i.e., Class Information pages, Class weather updates, and re -structured Events page). • Secured over $3,000 in sponsorship donations for various TCSD Special Events in 2023 including Easter Egg Hunt; F.I.T. Fun Color Run; Halloween Carnival; and Health & Community Resource Fair. Community Services Community Outreach • Veterans: • Successfully released a Path of Honor Social Media Campaign resulting in 34 new Veteran Pavers being inducted into the Path. • Created video to honor 2023 Path of Honor Paver Inductees with an introduction of the Paver Program and reading of the names by Mr. Michael Bircumshaw, Executive Director (NOV 2023). • Successfully released a social media campaign for Temecula's Military Banner Program resulting in placing banners on every light pole from the Civic Center Quad to the Main Street Bridge, thus completingthe street. Community Services Contract Classes/Activity Guide/Jefferson Recreation Cent Room • Contract Classes: • Successfully programmed 4,300 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. • Approximately 12,500 participants attended a Contract Class throughout the year. • Approximate revenue generated from Contract Classes was $1,000,000. • Managed instruction and performance of 30 Contract Instructors throughout the year. • Hired the following new Contract Instructors to teach programs: • Sports Saints —Youth Soccer and Sports. • Kawther Hakim —Adult Ballroom Dance. • Steve Saunders/Temecula Creek Golf Club —Youth Golf Lessons. ommunity Park • Successfully worked with the Special Events Team to bring back the popular Community Services Expo event after a ten- year hiatus. The event was scheduled in APR 2023, and highlighted all city contract class instructors and classes; each TCSD Division; and all TCSD facilities. The Expo was well attended, and we noticed an increase in revenue after the event Community Services Contract Classes/Activity Guide/Jefferson Recreation Center/`Harveston Community Park Room Recreation Software / CivicRec: • Continued implementation and oversight of the CivicRec Recreation Software System • to streamline process for staff and enhance customer service experience for the public. • 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. • Successfully added the use of a new picnic shelter at The Sports Ranch @ Sommers Bend for picnic shelter reservations into the software system. • Updated all new approved rates and fees for sports rentals, field use, and tournaments at Patricia H. Birdsall Sports Park and The Sports Ranch @ Sommers Bend. • Effectively and efficiently processed online and in -person transactions as follows: • Approximately 50,000 transactions were processed during the calendar year. • Software system successfully processed $2,200,000 of Department revenue. Community Services Contract Classes/ActivityGuide/Jefferson Recreation Center-14arveston Community Park ROOrnctivity Guide / Marketing: • Improved the overall branding and design style of Contract Class postcards, e-mail blasts, and social media campaigns. • Successfully designed and distributed 48-page Summer/Fa112023 and Winter/Spring 2024 Activity Guides highlighting all TCSD programs and services available online, and were sent by mail to all residents of Temecula. Jefferson Recreation Center (JRC): • Successfully managed operations and facility use of the Jefferson Recreation Center. • Offered approximately 800 classes for the community. Harveston Community Park Room (HCPR): • Successfully managed operations and facility use of the Harveston Community Park Room. • Relocated many programs to this location previously held at the MRC due to facility closure. • Offered approximately 500 classes for the community at the location. • Currently working with PW on the design phase for the future renovation of the Harveston Community Park Room that is e to begin Fa112024. Community Services Homeless Outreach • Participated in the 2023 Riverside County PIT Count, resulting in homeless count of 35 unsheltered individuals, which represents 56% decrease since its peak in 2017. • Conducted a comprehensive internal homeless census to obtair count of Temecula's homeless population. Census results show of 69 unhoused individuals. • Successfully assisted 79+ individuals exiting Temecula streets. • Cleared over 45 dangerous and unhealthy encampments. • Assisted six families utilizing $14,876 of CDBG funded financial assistance as part of the Homeless Prevention & Diversion Program. • Rebranded the Help Center to the Temecula Resource Center. Hosted In -Reach Event at the Temecula Resource Center to connect homeless clients directly with service providers. Utilized CDBG-CV funding to continue Temecula's first Bridge Housing Program. Assembled and distributed hygiene kits to homeless individuals throughout the City of Temecula. 0 Onboarded RUHS' full-time Mobile Crisis Management Team to assist homeless and vulnerable residents with mental he - crisis services, at no cost to the City. Community Services Inclusive Services • 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. • Global Citizens Horticulture & Viticulture Vocational Program met twice per week y. during the Spring and Fall program sessions, and participants received completion certificates after each program session. �v • 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. • Inclusive Social Skills Program: • Expanded programming to include Friendship Parkas 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. Community Services Inclusive Services • 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 NOV 2023 Food Drive. • Assisted in the annual Health & Community Resource Fair. • Participated in Earth Week through Adopt -A -Park services. • Assisted with sports and activities at the Inclusive Social Skills Program at Friendship Park. • Partook in a Resume Workshop and learned how to build a strong resume. • Facilitated the Quality of Life Master Plan Blue Ribbon Teen Focus Group. Community Services Inclusive Services • Summer Food Service Program (SFSP): • 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: • Working with three local employment programs to facilitate community centered volunteer opportunities for disabilities with special needs: CareRite; Cole Vocational; and Toward Maximum Independence. • Hired an intern through the Paid Internship Program funded by Inland Regional Center as part of the Easter Seals Program. Community Services Mary Phillips Senior Center • Grand Reopening & 30th Anniversary Celebration: The grand reopening of the newly renovated MPSC and ribbon cutting ceremony event had the honors of having Mayor Zak Schwank to lead the ribbon cutting celebration which included light refreshments and a special performance by the MPSC Choral Group. Many City officials were in attendance, and Riverside County Third District Supervisor Chuck Washington presented awards to the mayor and commissioners. As a bonus, a shuffleboard was added to the senior center, providing a new activity for the members. It was a fantastic time welcoming our seniors back to the center and celebrating 30 years of serving the community. • Served over 16,440 senior meals this year as part of our congregate Senior Meals Program. Not only did we provide essential nourishment to our valued community members, but we also had the opportunity to connect with and support new individuals who joined our program. Our commitment to serving the community remained unwavering, even during the transition from the TCC to the MPSC. We are grateful for the opportunity to make a positive impact and look forward to continuing our mission of providing essential services to those in need. • Offered AARP Tax Aide Services (through APR 14, 2023) serving 1,500 seniors. • Health & Community Resource Fair: Over 100 health and wellness vendors provided resources, screenings, and giveaways to community members. Premier Sponsor Temecula Valley Hospital successfully distributed Doc Talk information, health screenings, education, and resources to over 2,500 people in attendance. Community Services Mary Phillips Senior Center • Successfully hosted Temecula's Senior Health & Safety Resource Forum with Riverside County Third District Supervisor Chuck Washington and Temecula Mayor Zak Schwank at the MPSC. The event provided over 100 seniors with education on topics in emergency preparedness on a budget, staying healthy as we age, and general wellness. Everyone who attended got a free first aid kit and mini phone charger. It was great to hear from organizations like Temecula Citizen Corps; Temecula's Office of Emergency Management; HICAP; CARE Team; Riverside County Environmental Health, RUHS, Public Authority, and Office on Aging. These organizations shared many resources and services available to seniors in our communityfor them to feel confident and prepared during any emergency. We made sure to provide a wide range of helpful tips and tools. It was a fantastic opportunity for seniors to connect, learn, and prioritize their health. • MPSC Transportation (30 passenger bus and 14 passenger Electric Shuttle): Expanded programming and services to seniors, youth, and individuals with special needs. • Senior Excursions: offered in-house transportation for senior excursions to various locations including Balboa Park & Seaport Village, Coronado Island, Carlsbad Flower Fields, Palm Springs Aerial Tramway, Oak Glen Preserves, and more via the Human Services Shuttle. • Silver Shuttle offered curb -to -curb transportation to local shops to encourage seniors to be active members of the community. MPSC Drivers provided various City Tours (Planning, CIP, and CM Tours). Both transportation programs have served well over 800 seniors this year. Community Services Mary Phillips Senior Center • Thanksgiving Baskets: A total of 30 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. 0 Successfully hosted the Ribbon Cutting of the Newly built MPSC Outdoor Shuffleboard Court at the renovated Mary Phillips Senior Center. This exciting addition marks a fresh beginning, inviting everyone to gather and engage in delightful activities. With each shuffle of the discs, the court will become a hub of connection, fostering new friendships and cherished memories. It's a testament to our commitment to promoting active aging and creating a vibrant space where happiness and fulfillment thrive. Cool and Warm Center: 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. The Cool Center Season of 2023 at the MPSC accommodated 2,108 participants. Monthly Health Screenings: We hosted 12 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, serving over 600 seniors this year. I Community Services Margarita Recreation Center • Hired and/or promoted nine staff and two interns for the new Margarita Recreation Center (MRC) (SEP 2023). • Hosted the Community Art Project volunteer day to complete the MRC Mosaic Mural created by local artist Troi Follansbee, Barcelona Mosaics. This large and colorful mosaic mural will hang on the wall inside our groundbreaking recreational facility designed for people of all ages and abilities serving as an intergenerational site that aims to bring innovation, recreation, enrichment, health and wellness, education, and more to all its participants (OCT 2023). • Completed and installed the Mosaic Mural inside the MRC (NOV 2023). • Staff will move in and complete employee training for the MRC (DEC 2023). • Host internal Ribbon Cutting for the Opening of the MRC (DEC 2023). Community Services 11 Old Town Temecula Community Theater/ The Merc IN • Entertained 43,713 visitors since JAN 2023. • Effectively processed in -person and online $1,110,000 in ticket sales from NOV 2022 through OCT 2023 through Showare ticketing software. • Hosted a total of 285 performances with average attendance percentages of 49% (Theater) and 85% (The Merc) JAN—OCT 2023; Presented 5,940 performances for a grand total of 929,471 patrons (since opening in 2005). • Nearly 150 active Theater Volunteers serve TemecuLa's Theater and The Merc. • Over 23,000 patrons reached via monthly/weekly e-blasts (32% average open rate). • The multi -award -winning Old Town Temecula Community Theater designed and distributed a full -color, 28-page Season Brochure highlighting the 2023-2024Season. • Hosted the City of Temecula Youth Musical Theater in annual residencies (Winter & Summer): Peter Pan Jr. (JAN 20-22); West Side Story School Edition (JAN 27-29); Disney's Descendants The Musical (JUN 23-25); and Grease School Edition (JUN 30— JUL 2); All sixteen performances sold out with 5,246 patrons in attendance. Community Services Old Town Temecula Community Theater / The Mere • Celebrated Black History Month by providing various impactful performances: • Sherry Williams Then and Now— Sherry Williams and her quintet of jazz legends shared glimpses of her illustrious fifty-year musical journey. • Temecula Presents partnered with the Temecula Valley Museum to present a live music performance by The String Queens (FEB 25, 2023), a dynamic trio creating stimulating musical experiences that inspire diverse audiences to love, hope, feel, and imagine! This stunning performance welcomed 241 patrons in attendance. • Temecula Presents' Student -Led Arts Education Internship Program presented its fifth annual production, Alice in Wonderland (FEB 3-5), providing free arts education inclusive and accessible opportunities on stage and behind the curtain to talented youth regardless of socio-economic status. All four performances welcomed 1,313 patrons in attendance. • Partnered with Sherry Berry Music to present Great Oak High School Jazz Band (FEB 26) to expand Temecula's equitable arts education mission. • The Merc continues to offer star -quality performances from various At The Merc Series': Jazz @ The Merc (Thursday); Country Live! @ The Merc (1 st & 3rd Saturday); Classics @ The Merc (2nd & 4th Sunday); Speakeasy @ The Merc (2nd Saturday); Stand -Up Comedy @ The Merc (Last Saturday); and Brazilian and Latin Jazz @ The Merc (3rd Thursday); The Merc also offers free monthly art exhibits, events, and more. • Hosted TEDx Temecula: Re -Forming (SEP 30) marking the ninth year at Temecula's Theater as the official venue for TEDx Speakers to inspire diverse audiences of all ages. Community Services Old Town Temecula Community Theater / The Mere • Old Town Temecula Community Theater celebrated its 18th Anniversary on OCT 4, 2005. Temecula Presents launched the 2023-2024 Season with a top-notch line-up. Kala'e Parish (OCT 4); Caress of Steel: Rush Tribute (OCT 5); Fan Halen: Van Halen Tribute (OCT 6); Beo String Quartet (OCT 7); and Sherry Williams and Friends (OCT 8). We entertained nearly 700 patrons during our Theater's annual celebration. • Temecula Theater Resident Dance Company, Backhausdance, led by artistic director and founder Jennifer Backhaus, returns to the Temecula Stage (NOV 18). • Temecula's Theater continues to engage our community with 90-minute, free master dance classes taught by professional dance companies in residence. • Jennifer Backhaus will host ODC Dance Company (SEP 23); Backhausdance (NOV 12); and State Street Ballet (APR 27). • Theater Technology Upgrades, Improvements, and Innovations: • Replaced banners in front of The Merc with new vibrant designs showcasing the exciting performances. Additional banners were added in the Theater Courtyard. • Deep cleaned Theater and The Merc interiors with paint and improvements. • Theater Crew continues to maintain equipment with quality repairs to support the aging system. Community Services Rentals • Enjoyed a full year of the new Temecula Welcome Center with creative staffing and budgeting. • Provided information to over 5,100 visitors in the Welcome Center. • Worked with Temecula Valley Museum (TVM) staff to sell merchandise in the Welcome Center. • Embraced the Mary Phillips Senior Center (MPSC) staff and patrons at the Temecula Community Center (TCC) while the MPSC was undergoing renovations. • Consolidated rentals at the TCC, CRC, Conference Center, Library, and Picnic Shelters for ease of customer service. • Over 17,000 patrons attended 250 rentals at the TCC, Conference Center, and Picnic Shelters. • Welcomed Contract Classes into the Conference Center as building renovations were happening at the MPSC and CRC. • Revised the rentals policy for cohesion across all rental facilities. Community Services Ronald H. Roberts Temecula Public Library • Ronald H. Roberts Temecula Public Library marks 17 years of service to our communi • 229,514 Door Count. • 2,942 Hours Open. • 553,232 Circulation. • 145,817 Self -Checkouts. • 5,365 New Patrons. • 8,544 Added Items. • 13,150 Volunteer Hours. • 1,261 children participated in the Summer Reading Program: Find Your Voice, continuing the highest participation of any Library in the Riverside County Library System. • 864 children earned 1,625 awards by participating in the In-N-Out Cover -to -Cover Reading Program. • Children and parents were delighted to meet special guest storyteller Mayor Zak Schwank at two Read, Lead & Find Your Voice Storytimes. Community Services Ronald H. Roberts Temecula Public Library • In -person family programming at the library returned to pre -pandemic levels: • Youth staff provided 242 early literacy story times for pre -readers. • 115 family programs including an array of programs like a Dia de Los Ninos Celebration, Storybook Art Club, and Thank A Veteran Program were attended by 4,095 people. • Children explored monthly hands-on learning exhibits at the Play and Learn Island. • 22 creative contests were entered by 11,293 children. • Children ages 7-12 discovered philosophy and critical thinking through lively discussion of classic picture books at Philosophy Friends. • Youth staff provided community outreach at local festivals, school literacy nights, the TCSD Expo, and the Perris Railway Museum for Mattel's A Day Out with Thomas. • Little Sprouts Seed Library provided free organic seeds for families to discover the joy of home gardening and cooking healthy meals together. • Care -Rite adult volunteers with special needs cleaned books, and shelved children's easy books, and DVDs. Community Services Ronald H. Roberts Temecula Public Library • Partnered with the Think Ahead Kids Foundation to publish a book by a local young author. • Participated in the City's Great American Shakeout Earthquake Drill and updated an Emergency Evacuation Plan. • Held Friends of the Temecula Libraries Booksale and Mega Booksale. • Received and added books donated by the Czech Republic to Mayor Zak Schwank. • Partnered with the Heart of Temecula Leo Club Teens to offer Teens Teaching Tech. • Increased counter space for customers with laptop computers and updated staff computers. • Hosted Quarterly Blood Drives in the Library parking lot (JAN, MAR, JUN, AUG 2023). • Received a $10,000 donation to the Children's Library for two additional AWE stations with bilingual educational software. 1#* • 60 teens signed up for the six -week 2023 Summer Reading Program: Find Your Voice. During those six weeks, three in -person teen programs were held at the Library which brought in 85 participants. 286 book reviews and worksheets were returned, and over 60 books were awarded to teens as prizes. Community Services Ronald H. Roberts Temecula Public Library • 176 adults signed up during the 2023 Summer Reading Program: Find Your Voice. Over 30 books were awarded to participants as prizes. • Teen Services hosted 14 programs that promoted S.T.E.A.M., socialization, and creativity. • Teens expressed their creativity by combining poetry and art in Blackout Poetry. • S.T.E.A.M Trivia & Pizza tested teens knowledge of S.T.E.A.M. concepts. • Cemetariums allowed teens to design and create spooky, miniature terrariums. • 11 Programs for adult patrons covered a range of topics to promote creativity and community: • Garden Expo and Plant Swap brought the community together to share plants and learn about different types of gardening and pollinators from the Temecula Native Plant Society, Riverside County Department of Waste Resources, Riverside County Master Gardeners, Beekeeper's Association of Southern California, and more. • Expert and amateur poets shared original poems to celebrate National Poetry Month at Poetry Nite. • In partnership with experts from Temecula Valley Museum, attendees were able to learn about the history of Temecula. • By popular demand, internationally acclaimed cellist Ruslan Biryukov returned to perform for 100 attendees with his former student Nathan Le. Community Services Sister City • Facilitated a student art exchange between Temecula Youth and Daisen Seniors and created an exhibit Cultural Connections at the Temecula Valley Museum (on display DEC 2022 through JAN 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 JAN 2023. • Received and distributed gifts from Daisen Sister City Association, sent in fellowship and in celebration of Christmas. • Facilitated Summer gifts for Daisen Middle School Students presented in lieu of student exchange to Temecula. • Facilitated sending a citizen -to -citizen gift of a Shohei Otani baseballjersey to Japan and distributed resulting appreciation gifts in return. • 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. • Began planning for 2024, 30th Anniversary Celebrations, including conceiving the idea for a serenity garden and a proper thank you to Kozo and Yuko Kaneko for their more than 30 years of service to the Sister City friendship between Daisen and Temecula. • Opened a dialogue between Temecula Sister City Association and Sister City International regarding researching a potenti new Sister City. ' Community Services Special Events • Fun and egg -citing' Teen Egg Hunt at a new site (500 attendees) and Easter Egg Hunts at three park sites (4,500 attendees). • Community Services Expo returned featuring everything TCSD does with over 4,000 attendees. • Annual Temecula Rod Run with perfect weather, Cruise Night with Stew, sold -out parking and over 60,000 spectators in two days. • Second annual Temecula CultureFest with over 50 vendor booths and 3,500 attendees. IF00 we zz • Two patriotic performances from the Temecula Valley Symphony including Memorial Day Remembrance (350 attendees) and Patriotic Salute to Veterans (300 attendees). • Celebrated Earth & Arbor Day and National Trails Day with Mayor Schwank. • Second annual Juneteenth event with over 500 attendees. Hosted six standing room only Summer Concerts at the CRC Amphitheater and the final jam-packed concert at City Hall. Community Services Special Events • Huge crowds showing their love of the USA at the annual 4th of July Parade in Old Town (4,000 attendees) and Extravaganza & Fireworks at the Ronald Reagan Sports Park (28,000 attendees). • Partnered with RSO for the annual National Night Out (400 attendees) and Office of Emergency Management for the Preparedness Fair (over 450 attendees). • New look for the annual Art Fest featuring Cartoon-A-Paloozah with an amazing crowd of over4,000 attendees. • Worked with Temecula valley Museum staff to plan, program and implement the first annual Temecula History Day with over 400 attendees. • Celebrated everything spooktacular at the annual Halloween Carnival, Halloween Home Decorating Display, and the Halloween Bike Tour (3,000 attendees). • Decorated Old Town for the holidays including the Old Town Christmas Tree, photo opportunities, building decor, and brand- new decorations along Old Town Front Street. • Organized Santa for his holidayvisit at Pennypickle's Workshop. • Celebrated Winterfest with the annual Christmas Tree Lighting at the Pond, Santa's Electric Light Parade, Temecula On Ice, Holiday Bike Tour, Holiday Home Decorating Display, and the New Year's Eve Grape Drop with NEW Grapes. - Community Services Special Events • Facilitated an RFP for the new Temecula Sunset Market and worked with organizer for market nights on the 2nd and 4th Wednesday of every month. • Hosted ribbon cuttings for the SMER, Old Town Police Storefront renovation, renovated Mary Phillips Senior Center, new Shuffleboard Court at the MPSC, new playground at Redhawk Community Park, and the highly anticipated Margarita Recreation Center (MRC). • Assisted in finding a location and opening night logistics for the 9-11 Memorial Exhibit. • Worked with outside event organizers for permitted special events in the Civic Quad and Town Square Park. • Wrote anew policy for use of the Civic Quad and Town Square Park. Community Services Sports Division • All parks running at full capacity (baseball, softball, soccer, football, pickleball, rugby, etc.). • Estimated over 16,500 participants/spectators monthly. • Patricia H. Birdsall Sports Park and The Sports Ranch at Sommers Bend Tournaments: • Successfully integrated the new facility into our programing/tournament schedule with both parks being consistently booked with activities. • 46 baseball/softball tournaments (every available weekend filled). • Two soccer tournaments. • Average of 20-25 rental groups monthly. • Over 5,500 recognized youth league participants accommodated. • CRC gym re -opening of renovation have accommodated local recognized youth basketball league, TYBL, open gym (adult/teens), classes, rentals, and adult basketball leagues. Community Services Sports Division • Adult Sports (run by the City) leagues are growing and thriving. Adult Softball League successfully completed both Spring and Fall seasons operating at full capacity with five separate divisions. Adult Kickball League successfully completed both Spring and Fall seasons operating with five teams and growing. Adult Basketball League with the implementation of additional seasons two separate divisions is a huge success. Pickleball Sports Complex Courts anticipated to be completed in Summer 2024. • Ronald Reagan Sports Park Hockey Rink renovation anticipated to be completed in Summer 2024. Community Services Temecula Valley Museum • Museum attendance figures were outstanding, reaching 24,654 total patrons from NOV 2022 through OCT 2023 through our exhibits, field trips, group tours, events, programs, and outreach. • Created four in-house exhibits celebrating life in Temecula including Cultural Connections — an art exchange between Temecula and Daisen, Japan; Temecula Valley Unified School District Youth Art exhibit; Ralph Love Annual Plein Air Competition Exhibit; and Rug Hooking for the Holidays. • Successfully installed three rented temporary museum exhibits: Tattooed and Tenacious; Through Darkness to Light; and Walking in Antarctica. • Hosted a total of 52 tours (2,326 patrons) including 43 field trip tours, three group tours, and six adult special needs groups. • Offered four special programs including an Ikebana Floral Decorating Demonstration; Quilts of the Emancipated Lecture; Gallery Talk with Helen Glazer, photographer of the Walking in Antarctica exhibit; and Plein Air Art Class from Temecula art instructor Barb Nelson. • Created three special exhibits celebrating Temecula Veterans; Printmaking Industry; and Temecula Rod Run. Community Services Temecula Valley Museum • Successfully operated TVM Store in 2023 resulting in over $16,400 in revenue over the period (with a total of over $48,600 in revenue since operations began). • Redesigned the Museum website and went live on SEP 8, 2023. We have had 1,922 site sessions and 4,270 total page views (56 total days). • Increased social media efforts have resulted in 2,097 Facebook and 2,187 Instagram followers, both have doubled over last year. • Assisted the public with eight historical research requests, and provided photography from our collections to ten citizens and organizations. • Received and accessioned nineteen donations, including but not limited to historical photographs of Temecula, handwoven baskets; Burnham family belongings; printing kits and typewriters; Tractor Race memorabilia; paintings; and most notably, two large donations of items related to Erle Stanley Gardner and his family. These two donations include furniture, correspondence, photographs, gear, and other incredibly unique artifacts that provide a truly deep look into the author's personal life and interests. • Created four carnival style games and two demonstration areas with fun Temecula History themes for the inaugural annual Temecula History Day. Community Services Temecula Valley Museum • Successfully rebranded our most popular monthly program Second Saturday to Culture Days with a total attendance of 2,395 patrons from DEC, 2022 through NOV, 2023. • Conducted the 20th Annual 3rd Grade History Contest, with 72 E from six schools. • Sponsored Annual Celebration of American Black History with a Queens musical performance in conjunction with the Old Town Temecula Community Theater; offered a mural celebrating the legacy of Frederick Douglass; and offered a lecture on Quilts of the Emancipated. • Participated in TCSD's Special Events Division's events, including Temecula CultureFest, with a booth featuring Culture Day Celebrations and crafts for children and Juneteenth event with a booth featuring educational materials regarding the meaning of the event and fun crafts for children, and assisted with staffing at other TCSD events. • Expanded our offering of morning and afternoon sessions of Culture Quest Summer Camp to two weeks with a total of 120 students attending. • Created educational materials for the Temecula Valley Woman's Club Art & Education Room; featuring activities and games that focused on American Black History; Juneteenth; 4th of July; Native American Heritage Month; and much more. Community Services Temecula Valley Museum • Assisted Temecula Valley Museum, Inc. non-profit: • Hosting the Arts and Crafts fundraising Bazaars in MAY & OCT, 2023. • Supported application process for a $6,000 grant from the Roripaugh Foundation to fund anew Digital Walking Tour. Created Digital Walking Tour featuring Old Town Temecula that went live in OCT 2023. Community Services Workforce Development • Workforce Development Division offers various internship and e: opportunities for high school graduates and undergraduate/grad students looking to gain valuable experience byworkingwith the government. This program is designed to help students expand t areas such as communication, problem -solving, project manag( management, and office professionalism through their involvem programs. The City has committed Community Reinvestment Pri expand the number of workforce development students reaches _ . -. - _... , - -. r--I I_ -. • Mayor's Intern Appreciation Luncheon (JUL 2023) 108 interns and externs attended the annual luncheon including participants across the workforce development programs in a relaxing and enjoyable atmosphere that allowed interns and mentors to come together and reflect on the experiences gained. • Youth Innovators are a committee of high school students from the Temecula Valley region that plans and hosts community - based programs to benefit City youth. Every Wednesday throughout the academic school year, the students meet from 4:30 pm to 5:30 pm at the Temecula Valley Entrepreneur's Exchange (TVE2) facility. This year, the Youth Innovators Program held 27 meetings with up to 10 high school students in attendance. In addition to their meetings, they planned and hosted the following programs: Junior S.T.E.M., Leadership Academy, Youth Entrepreneurs, Rocktober 2023, and are currently planning the 2023 Young Women's Career Conference. Youth Innovators also had several members volunteer for other City events, such as the 15th Annual College & Vocational Fair; Health & Resources Fair; and Medical Resident Career Fair. Community Services Workforce Development • Auto-Externship Program, in collaboration with the Temecula Valley Unified School District and automotive dealerships within the Temecula region, assisted high school graduates in gaining knowledge and experience in the automotive industry, with a remarkable 90% of students securing employment at these dealerships upon completing their externship. The program placed eight externs with five auto dealers in Temecula. Summer Media Externship Program placed four media externs at JDS Studios to offer IV hands-on experience in scripting, production, and editing, with a focus on integrating these skills into social media, television, radio, podcasting, production studios, and the industry's expectations. • Culinary Externship Program, in partnership with E.A.T. Marketplace and MSJC, provided six externs with an opportunity to Learn about the culinary arts. Mentors from the food industry shared their cooking expertise and personal experiences to guide these students into the field as well as providing hands-on experience working in a restaurant kitchen. • Legal Scholars Program successfully brought together 30 undergraduate and graduate college students who had a keen interest in pursuing careers in the legal field. Over the course of 14 meetings, participants engaged in a comprehensive program that included law school tours, workshops, courtroom visits, and guidance from legal professionals, including Lawyers, judges, and law school administrators. Students also delved into an in-depth case brief analysis of supreme court cases and had the opportunity to tour both UCLA's Law School and USD's Law School. The program concluded with a Luncheon where students had the privilege of hearing from California State Bar President, Ruben Duran. During this event, he provided valuable insights into his role and offered concluding remarks. 9 Community Services Workforce Development • Future Physician Leaders & Medical Career Pathways offered mentorship to aspiring medical students committed to serving their community. While Medical Careers Pathway focuses on high school students, Future Physician Leaders is specifically designed for college and graduate students going into the medicalfield. The Program featured components such as lectures delivered by healthcare providers, a Community Health Project aimed at providing resources to community members for managing chronic health conditions, and physician shadowing in partnership with the Temecula Valley Hospital. Throughout the Summer, there were 12 successful meetings, with an average attendance of 30 students per meeting. • Leadership Academy Program provides high school students with essential skills for a successful transition to adulthood. This year, 33 high school students participated in a six -day workshop, during which they acquired knowledge and skills in resume making, cover letter writing, letter of recommendation writing, Linkedln tips, interview skills, college admissions, CPR certification, and financial literacy from guest speakers and program coordinators. • Youth Entrepreneur Program empowers young individuals with the essential skills and core concepts of business design and development. This year, 50 high school students participated in the six -day program and were able to gain hands-on experience in the field. These students acquired entrepreneurial knowledge and skills, including budgeting, business law, market research, business planning, marketing strategies, and the art of delivering a successful business pitch. Mentors included some of the brightest local business leaders and program coordinators. Community Services Workforce Development • Junior S.T.E.M. Program is led and organized by the Youth Innovators, featured a series of seven meetings throughout the year, attracting an average of 30 middle school students, per meeting, with an interest in the world of Science, Technology, Engineering, and Mathematics (S.T.E.M.). Students were introduced to diverse S.T.E.M. careers and explored subjects such as Biology, Psychology, Geology, Architecture, and Computer Science through interactive and educational activities. The Junior STEM Camp was designed as a complement to classroom learning materials, providing a platform for students eager to delve deeper into STEM fields to connect with mentors in the field and like-minded peers. • 15th Annual Temecula Valley College and Vocational Fair returned in -person this year after being hosted online for the past three years due to the challenges posed by COVID-19. The fair took place indoors on the second floor of The Promenade and ranked as one of the busiest days at the mall, following only Black Friday. This event attracted over 8,000 high school students and representatives from 160 colleges, vocational schools, military institutions, and military branches from across the United States. School representatives were able to recruit, provide information, and share materials about their respective educational opportunities. The fair provided an opportunity for current junior and senior high school students in the Temecula Valley region and neighboring cities to explore the various educational options available to them, both locally and nationally. Additionally, a wine reception was offered for the representatives as an appreciation for their participation in the event, providing them with an opportunity to unwind, network, and celebrate the new school year. Community Services Workforce Development • Rocktober 2023, the annual fall music competition was hosted on SAT, OCT 28, 2023, with a total of 12 bands/musicians who delivered outstanding performances that echoed throughout the CRC Amphitheater. Following the entertaining performances, a panel of four judges made their decisions and the first -place recipients received a three-hour recording session with a professional local sound studio. Second place received a brand-new sound amplifier, a valuable tool for sound production. Third -place winners took home a basket filled with Temecula Valley merchandise and basic tools for handling and cleaning musical instruments. The event included a wide array of activities, such as games, booths, and raffle prizes, which added more excitement and community spirit. • 2023 Young Women's Career Conference was hosted on WED, DEC 6, 2023. This breakfast event brought together 150 high school students from across the City of Temecula, offering them valuable insights into various career paths guided by empowering female industry leaders. Sixteen mentors from various professions attended, and shared. Community Development Year in Review - 2023 Community Development Building and Safety Division Projects Completed: • Mary Phillips Senior Center Remodel • CRC (Community Recreation Center) Remodel • MRC (Margarita Recreation Center) -New Rec Building and Pool • Bio Life Plasma Services • Rancho Christian School— New Commercial Building and Remodel • Krispy Kreme Donut • Benihana Restaurant • Landeros Mexican Grill & Cantina (Old Town) Community Development Building and Safety Division Projects Completed: • Big Brand Tires- New Commercial Building • Kalavera's Mexican Restaurant (Old Town) • Regal Edwards Cinema Remodel • AMC Theater Remodel Community Develops Building and Safety Division Projects Completed: • Handel's Homemade Ice Cream • Robek's Juice and Smoothies • 5.11 Tactical Retail • Epic Eats Restaurant • Paradise Chevrolet Remodel Community Development Building and Safety Division Projects Started: • Everhome Suites (New Hotel) • Solana Winchester Hills Residential Development • Shawood Residential Development • Temecula Hyundai Service Building Expansion • ALDI Market • Silverlake Ramen • Uptown Jefferson Buecking Apartments • Vine Creek Apartments (Affordable Housing) • Ralphs Remodel • Walmart Remodel • Roadrunner Sports Community Development Building and Safety Division Building & Safety Department Highlights: • 5,383 Building permits Applied for, through NOV 2023 • 4,932 Building permits Issued, through NOV 2023 • 3,318 Building permits Finalized, through NOV 2023: • 1,469 Solar Permits Finalized • 99 Swimming Pools Finalized • 10,772 Building Inspections requested online • 23,089 Building Inspections completed, through NOV 2023 2023 YTD Building Permits Bv..... .p .... ....w .-.. . t.�v ..�. ■ Building Permi#5 ISSUED 0 Building Perm 2017-2023 YTD Comparison BUILDING PERMITS Z017 2019 2019 2020 2021 2022 2023YT❑ (AS 4F 11/13/23) CdwirTbwe1 ftF*P..dlsNowd Community Development Code Enforcement Division • Developed and completed a strategic plan • Developed new weekly metrics • Reduced the number of outstanding cases from over 1,000 to under 300 • Reduced the average Code Case resolution timeframe by 71 % • Switched to iPads to deliver better mobile services in the field • Continued Participation in the METRO+ Team in Old Town • Opened Cases: 1,560 • Cases Reached Compliance: 1,451 • Total Code Enforcement Inspections: 5,742 Community Development Code Enforcement Division • Short Term Rental Cases: 74 • Online App Inquiries: 877 • Graffiti Inquiries: 215 • Worked with Planning to implement the Shopping Cart Ordinance • Worked with ITto streamline the Weed Abatement Program • Drafted a revised weed abatement ordinance with implementation planned in 2024 • New Case Classifications made in Energovto track reporting Massage Establishment code cases. • Identified cost savings and process streamlining for certified mail • Developed multiple training guides through the Scribe platform Community Development Planning Division Current Planning Division Accomplishments: Assisted 1,357 customers at the Planning counter as of NOV 2023 Provided support to Economic Development on potential new projects/businesses • Reviewed 49 Pre -Applications as of NOV 2023 Performed 422 occupancy inspections on new single-family homes as of NOV 2023 Firenze Mixed Use Development in Uptown Community Development Planning Division • Current Planning Division Accomplishments: • Occupancy inspections on the SHAWOOD Model Homes @ Sommers Bend • Apollo Self Storage Facility • Occupancy inspection on Big Brand Tire • Occupancy inspection on Benihana • Express Car Wash in Uptown Temecula Community Development Planning Division • Current Planning Division Accomplishments: • Hendo's Barrel House • Red Door Escape Room • Portals Entertainment Center • Temecula Hyundai expansion • D1 Training • Round 1 expansion Community Development Planning Division • Current Planning Division Accomplishments: • Began inspections on Las Haciendas, a 77-unit affordable housing project in Uptown Temecula • I<rispy Kreme Donuts • Handel's Ice Cream • Smart & Final Extra! • Walmart Expansion • Safa Jewelers Community Development Planning Division • Current Planning Division Accomplishments: • Processed Development Plan applications for four new industrial buildings totaling approximately 106,630 square feet of new industrial space _ .....��, ter■ Community Development Planning Division • Current Planning Division Accomplishments: • White Barn Daycare Academy Community Development Planning Division Current Planning Division Accomplishments: • In conjunction with TCSD and Public Works held meetings with the developer of Altair regarding the design and programming of the Central Park Altair submitted Planning Applications for the first three Villages consisting of single family detached, duplex, and rowhomes products totaling 467 residential units and two parks A Community Development Planning Division Long Range Planning Division Accomplishments: • Opened 109 long range activities • Completed 57 outside agency reviews • Submitted the Annual Water Efficient Landscape Ordinance (WELD) Report • Submitted the Annual General Plan Progress Report to the Governor's Office of Planning and Research • Submitted the Annual Housing Element Annual Progress Report to the California Department of Housing and Community Development (HCD) • Launched the Permit Ready ADU program that provides architectural and construction plans for five detached ADU's of varying size with three different design • Participated in seven community events supporting and promoting active transportation and HikeBikeTemecula EjpVpIAC 1 .'+:� � - _ - y..+ �� .:�" - {I �➢. - ter",. '„ • �,fy,.. la--.... ......... rr•..— .....W.. �" —` a, � + S�_ r•• � �'�' ;�� ,fit S6 ,�;��'�;'•,; •' �.. it Community Development Planning Division Long Range Planning Division Accomplishments: • Organized 12th annual Bike to Workday for the City with 20+ part Community Development Planning Division �.�.� Long Range Planning Division Accomplishments: • Drafted and adopted the Housing Element Implementation Ordinance • Drafted and adopted a Quality -of -Life Ordinance implementing a new permitting process and cap for Tobacco Shops • Held the kick-off meeting for the Community Wildfire Protection Plan and had the first community workshop • Drafted and adopted the annual Title 17 update • Implementation of State Housing Law • Shipping container standards • Battery Storage standards Community Development Planning Division Long Range Planning Division Accomplishments: • Active HikeBikeTemecula social media pages, now with 2,500+followers • Performed ongoing review of surrounding jurisdictions development projects and provided 12 comment letters for various projects to prevent impacts to the residents of Temecula • Submitted and received a reimbursement of $310,000 through HCD's SB 2 Planning Grants Program which funded: • Objective Design Standards • Permit Ready ADU Plans • Housing Element Update • Baseline ElRfor Circulation Element Performed CEQA reviews and drafted Notice of Exemptions for 12 CIP projects Plan integration � for Resilience Scorecard Assisting Texas A&M University and Cal Poly Pomona in their ongoing efforts to spatially evaluate plan networks to reduce hazard vulnerability through a case study of Temecula for a Plan Integration for Resilience Scorecard PIRS Community Development Planning Division Long Range Planning Division Accomplishments: • Coordinated and assisted with the grassroots Caught With A Helmet On program which rewards safe behavior in youth cyclists and creates a positive interaction between authority figures and youth • Kicked off the Climate Action Plan (CAP) Baseline Evaluation task that will provide the City a baseline emissions inventory that will be used as the City develops a Climate Action P • Kicked off the Wayfinding Project that will implement a wayfinding system for the bike lanes and trails throughout the City • Developed Z-Card foldable maps for community members which provides a map of the trail system and bicycle safety information • Applied for the Bicycle Friendly Community Award through the League of American Bicyclists • �w..��.�a,b.r,r � Q +.•w v 7=MM 4f �rtRTi� '-f •ram mw�w aar���r sr�rr�rr4 dsr+rw4 +r.ftr vrrr W Al d kr —d � W k- eu.n ufty—� 4 r X�i�55i�xo5'.. "NAIL, i1�r�4rik■ - �i�� � A' Home Community Development Planning Division Long Range Planning Division Accomplishments: Established the Temecula Active Transportation Committee Advisory Panel (TATCAP) that meets quarterly Performed a General Plan consistency review for an Amendment to the 2023-2027 Capital Improvement Program for the De Portola/Jedediah Smith Road Roundabout Project I GO-r CAUGHr7 How the Program Works - when a firs# responder sees a child weaaigg their helmet, they will jI`Wct pswgq TM child will Ue AnvardtASYichAgA io d WCdr seoreorrestiurantforgetting -Caught wdth rourHeIrneton �� F�orl! EFrw�xt S�• E�'eiwn M r R_aar EietiaWrS n Community Development Planning Division Long Range Planning Division Accomplishments: • Kicked off the Old Town Parklets Project and held a community workshop to retrieve feedback on locations, designs, and themes for a pilot program • Adopted a Complete Streets Policy • Fiscal Land Use Study SAFETY 71FS 1. 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V.4, -r -" - t.. ---;— Community Development SARDA - Housing - Real Estate Division Community Development Block Grant Division Accomplishments: The City funded eleven total activities, nine public service activities, one capital improvement project, and one housing rehabilitation program in the Plan Year. Some of the specific accomplishments for the plan year include: • Partnered in conjunction with the Fair Housing Council, providing fair housing services by assisting 494 clients, including 490 landlord -tenant mediation services and four anti -discrimination complaints • Provided 65 low- and moderate -income youth with clothing and school supplies through the Assistance League and their Operation School Bell Program • Completed four housing rehabilitation projects through the Habitat for Humanity Critical Home Maintenance and Repair Improvement Program, for a total of 47 housing units over the life of the program • Served six individuals experiencing homelessness, or those at risk of homelessness, through the City's Homeless Prevention and Diversion Program • Operated the City's Help Center to provide homelessness services • Assisted 42 Temecula senior residents through the Senior Assistance Program Community Development SARDA- Housing- Real Estate Division Community Development Block Grant Division Accomplishments: • Assisted 96 victims of domestic violence through SAFE Family Justice Center • Assisted 27 victims of domestic violence through Riverside Area Rape Crisis Center • Provided case management for 229 persons experiencing homelessness or at risk of homelessness through Community Mission of Hope • Provided direct advocacy for four foster children through Voices for Children • Provided before and after school care for 8 children through the Boys & Girls Club • During the plan year, the City's CDBG funds assisted a total of 975 Temecula Residents During the plan year, remaining CV funds from that activity were closed, carried into the City approved Mary Phillips Senior Center Outdoor Recreation Area project. This activity expands the available space that the attending senior population can utilize by practicing safe distancing while still enjoying and engaging with one another at the center. It utilized unused space to create outdoor activity space and included meeting locations and added additional seating space that can be used as the interior space of the center was being utilized and caused moments where practicing safe distancing would be more difficult. This project ensures that one of Temecula's most vulnerable populations when it comes to COVID-19 is assisted. The project was awarded during the plan year with construction to be completed during the next program year. _ Community Development Animal Control (AFV) Accomplishments: • Started negotiations on anew Shelter Operations agreement Staffing/Team Building Accomplishments: • Matt Peters promoted to Assistant Director of Community Development 0 Public Works Year in Review - 2023 Public Works Department Park Maintenance Division • Harveston Community Park • Painted shade pavilion • Painted park pathway light poles • Harveston Lake Park • Replaced gazebo decorative string lights • Painted restroom buildings • Temecula Duck Pond Park • Completed sediment removal (developer) • Kent Hintergardt Park • Completed Accelerated Recycled Water Retrofit Project Public Works Department Park Maintenance Division • Ronald Reagan North South Fields • Pump track seal coat • Ronald Reagan North South Fields • Sports lighting LED retrofit • Ronald H. Roberts Temecula Public Library • Completed fountain renovation and landscape enhancements at Children's Garden • Citywide • Completed tree trimming maintenance for approximately4,400 park, median & slope trees, and 1,200 right-of-way trees • Planted 357 trees • Responded and resolved over 1,600 Service Order Requests Public Works Department Facilities Maintenance Division • Civic Center • Construction for new Code and Fire offices is underway, late DEC 2023 completion • Continuation of in-house LED light upgrade/replacement throughout building, 35% complete • Ronald H. Roberts Temecula Public Library • Upgraded story time room colored lighting from neon to LED • Added kids bookshelf units to the Friends Library area • Replaced wood benches and trash cans with new metalvinyl coated ones • Senior Center • Replaced all rooftop A/C units and exterior ductwork • Resealed, striped, and painted all parking lot • Replaced two drinking fountains with updated bottle fill fountains • Welcome Center • Repurposed office furniture from TVE2 Public Works Department Facilities Maintenance Division • Police Storefront • Replacing 2 main rooftop A/C package units • Childrens Museum • Reconfigured/Remodeled maze area to accommodate new exhibit • Various upgrades including painting, lighting, and electric for exhibits • TCC • Removed and replaced old drinking fountain, with new bottle fill style drinking fountain • Parking Structure • Installed 330' of new decorative security fencing on 3rd floor of garage Temecula Valley Museum • Parking lot seal/stripe scheduled to be done in NOV 2023 Park and Ride • Installed four new EV charging stations Public Works Department Facilities Maintenance Division • TVE2 • Updated 75% of upstairs workspace lighting to LED lighting • Updated restroom manual flush valves to automatic flush • Updated all A/C thermostats • Old Town Temecula Community Theater • Replaced A/C package unit on upstairs classroom • Chapel of Memories • Painted exterior • Help Center • Painted exterior • Safe House • Updated burglar system Public Works Department Streets Maintenance Division • Residential Slurry Seal • 8,351,055-Square- Feet • Pavement Rehabilitation (Milled and Paved) • Redhawk Pkwy, 9,630-Square-Feet • E/B Rancho California Road, 1,400-Square-Feet • Overland Trail, 10,790-Square-Feet • Pauba Road, 28,000-Square- Feet • Remove and Replace Asphalt • Misc. Locations in Meadowview: 6,470-Square-Feet • Asphalt Repaired • 43,280-Square-Feet • Graffiti Removed 0 29,559-Square-Feet Public Works Department Streets Maintenance Division • Service Order Requests • 1,075 • Signs Installed, Repaired or Replaced • 1,334 • Banners Installed/ Repaired / Replaced • 191 • Repainted Street Legends • 19,822 • Storm Drains Cleaned • 2,519 • Under Sidewalk Drains Cleaned • 37 Public Works Department Solid Waste and Recycling • Held Public Hearing to approve Commercial Collection Rates, and SB1383 Compliance Fee for FY23/24 • 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 SB1383 commercial and multi -family organics recycling • Submitted application for FY 22-23 SB 1383 Local Assistance Grant funds amount of $197,426 Public Works Department Land Development 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. Applications received for review 4 132 p 8 LO s0 354 W Utilities N offstte ■ Onsite 0 Leg,] Is 100 150 20D 250 300 350 403 M 0reakdown of a ppI�cations for 2023 R ■ Ea�v+mM ■ Lot UrM Adrya mrru M&L cd way DrdkAki m • Tra{c Map * Orrrr•pROwh ■ Hain Raub ■ Mn4_lacrwcF-Tw-9 ■ Umm Main rnpaMnm.nrt SSnN"Uc--Uwi+ HPrO wrwMs ■ strnrl Impowm*-rks . 5ehrte tyro A¢nkhWrai- [14i1lM1q I - &arrrwNo[ kc■1r Public Works Department Land Development Division Onsite & Offsite Permits Issued Total is�ulsd = 107 Vert Ica; Boring rig Arng and Sniping irgfflti Signal Street Lights 5%FCVl Impr4ownne 15 Sireet anJ Storm Drain lrnProwments Storm Qtairr ampro,remeMi, miseeilarmousCnsroa€hrnerrt Permit Haul Route drive Apprcarh Trot Sutkdi"ion Mass/Rough Gradang Custom Singe FSrniy R-eyidsn W Comae(€ia Vlndustrlal ACnlinlstralfve Clearing 4 NUMBER OF UTILITY PERMITS ISSUED Total issued is 451 permit for a total of 39,414Slineal feet of work Nome 1 Public Works Department Land Development Division Issued Project Spotlights The following projects were issued in 2023 and PW inspectors have begun overseeing the construction: • Jefferson Buecking Apartments. • Everhome Suites. • Vine Creek Apartments. • PRADO. Public Works Department Land Development Division Service Level B • Residential Streetlight Annexation in Sommers Bend, staff worked with the Developer to add 683 parcels into Service Level B. 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 126 Records Requests. • Reviewed over 140 Planning Applications. • Pre -approved over 250 applications for Building and Safety submittals. Public Works Department Water Quality Division 61celri►*I11IT12C:Ua 6VQMP Submlttrd 12 A% cepied YQMP INW4440M NIPIDIIS InHmKtlonS Jam p4"Ons (High PrinrIFVj IC* 21% Public Works Department Traffic Engineering Division Traffic Capital Improvement Program Projects • HSIP Cycle 7 Fiber Optic Communication Upgrades and Coordination Signal Timing at 41 signalized intersections along Winchester Road, Rancho California Road, and Temecula Parkway- Completed • HSIP Cycle 9 Permissive Protected Left Turn (PPLT) Phasing at three signalized intersections -Under construction with anticipated completion in early 2024 • Citywide Fiber Communication Masterplan -Anticipated completion end of 2023 • Traffic signal installation at Rancho California Road and Tee Drive • Traffic signal installation at Ring Road and Promenade Mall East • Traffic signal installation at Butterfield Stage Road and Avenida Lestonnac • Successful award of four HSIP Cycle 11 grants for approximately $4M Public Works Department Traffic Engineering Division Traffic Safety and Circulation Improvements • School Crosswalk Upgrade Design - Helen Hunt Jackson and Rancho Elementary Schools • Wolf Creek Drive North at Redwood Road - All Way Stop with Crosswalks Design and Installation • Ynez Road/De Portola Road Traffic Calming - Installation of Signing, Bike Lane Buffers and Radar Speed Display Signs. • Mercedes Street at Fourth and Fifth Street - All Way Stop Design and Installation • Rancho California Road at Jefferson Ave/Old Town Front - Installation of Right Turn Pocket • Coordination of Engineering Traffic Speed Survey for various street segments Citywide Public Works Department Public/Traffic Safety Commission The Commission considered numerous issues that affect traffic circulation and traffic safety: • Golf Cart Ordinance Update • Campanula Way Traffic Calming • All -Way Stop at Pujol Street and Main Street • Rustic Glen Traffic Calming • All -Way Stop at Wolf Creek Dr N. and Redwood Road • Ynez Road/De Portola Road Traffic Calming • All -Way Stops on Mercedes Street at Fourth Street and Fifth Street • E-Bike Safety Measures 1#* • All -Way Stop at Camino Piedra Rojo and Parown Drive • Engineering and Traffic Survey Updates Public Works Department Capital Improvement Program (CIP) Division • Completed construction of the Mary Phillips Senior Center Enhancement and Renovation with a Grand Reopening held OCT 2023 • Completed construction of the shuffleboard courts, including lighting and shade structures for the Mary Phillips Senior Center Outdoor Recreational Area Project with a Grand Opening held NOV 2023 • Completed the procurement and installation of the Emergency Generator for the IV Mary Phillips Senior Center and completed the construction of the wall enclosure around it and the canopy above it • Completed construction of the Design -Build Margarita Recreation Center at Michael Mike' Naggar Community Park (first ever design -build project for the City) with a Grand Opening DEC 2023 • Completed construction of Phase 1 of the Community Recreation Center (CRC) Renovations • Completed installation of the Ronald Reagan Sports Park Pump Track Shade Structure which covers the launch pad Public Works Department Capital Improvement Program (CIP) Division • Completed the construction of several Pavement Rehabilitation Program projects: • Meadowview Side Streets and Paloma Del Sol Loop Road • Amarita Way Circle • Ynez Road (Equity Drive to North City Limits) • Solana Way (Ynez Road to Margarita Road) • Nicolas Road (Winchester Road to North General Kearny Road) • Winchester Road (Enterprise Circle West to Jefferson Avenue) • Completed the construction of Traffic Signal Installation - Rancho California Road at Tee Drive • Completed the construction of Traffic Signal Installation- Ring Road at Promenade Mall East Public Works Department Capital Improvement Program (CIP) Division • Completed construction of Citywide Concrete Repairs — Fiscal Year 2021-22 project. 60 repair locations were completed. Upgraded access ramps and school zone striping for pedestrian crossing locations at the following schools: • Pauba Elementary School • Vail Elementary School • Helen Hunt Jackson Elementary School • Worked with developer to complete construction of Traffic Signal Installation- Avenida Lestonnac at Butterfield Stage Road. Traffic Signal will be owned and maintained by the City • 1-1 5/French Valley Parkway Improvements, Phase II — Began construction of $72M contract in MAY 2023. Completion anticipated by MAY 2025. See website for traffic restrictions, construction videos, and project information: TemeculaCA.gov/fvp2 • Initiated the construction of the Citywide Concrete Repairs — Fiscal Year 2022-23 project: 106 locations to be repaired Public Works Department Capital Improvement Program (CIP) Division • Initiated construction of the Citywide Slurry Seal Program — Fiscal Year 2022-23 project: Slurry seal to be applied to approximately 8.2M-Square-Feet of roadway in the following areas: • Country Manor Estates • Lake Village • Windsor Crest • Alta Vista • Starlight Ridge • Starlight Ridge South • Los Ranchitos • Santiago Ranchos • Santiago Estate Public Works Department Capital Improvement Program (CIP) Division • Initiated construction of the Citywide Slurry Seal Program — Fiscal Year 2022-23 project: Slurry seal to be applied to approximately 8.2M-Square-Feet of roadway in the following areas: • Vintage Hills • Mendicino • BiscayHome Coming • Costain Collection • Veranda at Bridlevale • Country Glen/Bridlevale • Vail Ranch • Redhawk Public Works Department Capital Improvement Program (CIP) Division • 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 Winter 2023-24 Continuing the design of the American with Disabilities Act (ADA) Transition Plan Implementation project. Focus is at the Ronald Reagan Sports Park 1W 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 winter • Completed design of the 1-15 Congestion Relief project, auxiliary lane between Temecula Parkway/1-15 northbound onramp and 1-1 5/Rancho California Road offramp. $4.5M construction contract awarded DEC 2023. Begin construction by FEB 2024, lasting about 7-8 months • Completed the design of Santa Gertrudis Creek Phase II — Margarita Under -Crossing. Construction contract advertised and bids opened in NOV 2023. Beginning of construction is estimated in early 2024. $2.1 M contract with six-month construction duration • Completed the design of the Community Recreation Center (CRC) Splash Pad & Shade Structures. Construction contract advertised and bids opened in NOV 2023. Beginning of construction is anticipated in early 2024. $1.1 M contract with six- month construction duration Public Works Department Capital Improvement Program (CIP) Division • 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 Spring 2024 • 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 of Rainbow Canyon Road Pavement Rehabilitation. Construction is anticipated in Spring 2024 • Continuing the design for Fire Station 84 Renovation including: wellness room, storage, and upgrade of the training room. Construction is scheduled for Spring 2024 • Continuing the design and the environmental document of the Pickleball Courts Project to construct a dedicated pickleball facility. Construction is anticipated in Spring 2024 • Initiated the design for Fire Station 73 Addition, which includes the garage, workout, and storage rooms. Construction is scheduled for 2024 Public Works Department Capital Improvement Program (CIP) Division • 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 2024 • 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 was postponed allowing Eastern Municipal Water District to construct facilities in Diaz Road. Construction is anticipated in late 2024 • Continuing the design and the environmental document for the Murrieta Creek Bridge at Overland Drive. NEPA Completed in OCT 2023, CEQA anticipated completion in JAN 2023. Construction is expected in late 2025 • 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 Winter 2023-24. This project is currently not funded for construction • 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 eight new charging stations to Michael Mike' Naggar Community Park. Construction is concurrentwith the Margarita Recreation Center Public Works Department Capital Improvement Program (CIP) Division • Continued coordination with the US Army Corps of Engineers (USACE) and Riverside County Flood Control (RCFC) on the Murrieta Creek Flood Control project. A federal funding request has been submitted for Phase 2B of the project (Rancho California Road to Winchester) has been submitted • Finalized abridge study over Murrieta Creek for the Cherry Street Extension and Murrieta Creek Low -Flow Crossing • Finalizing the design and environmental documents for the Ynez Road Improvements —Phase II project, Ynez Road between Rancho Vista to Tierra Vista • Finalizing the design of the Utility Undergrounding— Citywide — Power Pole Serving 28551 and 28561 Old Town Front Street (Between Fifth and Fourth Street) project. Construction anticipated Spring 2024 • Ordered 76 lights for the Great Oak Trail Lighting Project • Initiated the design of Ronald Reagan Sports Park Skate Park. Construction is anticipated in Fall 2024 Public Works Department Capital Improvement Program (CIP) Division Working on several Sidewalk Old Town Improvement projects at various stages of development: • Completed design and initiated the construction of Additional Streetlights on Moreno Road and Mercedes Street (East of Old Town Front Street) • Finalizing the design of the South Side of Sixth Street (Old Town Front Street to Mercedes Street). Construction is anticipated in Spring 2024 • Initiated the design of Fifth Street Bulb -Outs. Construction is anticipated in Spring 2024 Working on several Citywide Sidewalk projects at various stages of development: • Ynez Road (Rancho Highland to Tierra Vista). Construction is anticipated in mid -Spring 2024 • Pauba Road (Elinda Road to Showalter Road). Construction is anticipated in mid -Spring 2024 Initiated the process of selecting a Design -Build team to design and construct various improvements to the Ronald Reagan Sports Park Hockey Rink. Most notable improvements are going to be a steel roof the covers the entire court, and court surfacing tiles that will improve safety Public Works Department Capital Improvement Program (CIP) Division • Initiated the design and permit application process with U.S. Army Corps of Engineers (USACE) for the Murrieta Creek Improvements — Trail Lighting project. • Provided staff with new drainage data in GIs as part of the Citywide Drainage Master Plan. Data includes owner, age, size, and material of pipe, along with other pertinent information. • Received several grants for projects as follows: • De Portola/Jedediah Smith Roundabout $800,000 — 2023 Federal Omnibus Bill. • Ynez Road Phase I (Rancho Vista to Duck Pond) $1,475,000— RCTC Measure A. • Ynez Road Phase I (Rancho Vista to Duck Pond) $1,000,000 —California Assembly Bill (AB) 102, Budget Trailer Bill. • Pauba Road Sidewalk (Elinda to Showalter) $362,600 - RCTC SB 821. • 1-1 5/French Valley Parkway Phase 111 $1,500,000 - WRCOG SW Zone TUMF. Public Works Department jjjjL_ fir`. __ . __ y` ' --' _ - `•� 1T1 @I IT.1 T I T r.Ti rcl 0 TET: } ,{ lw- lift I ME rp j'' Home J� • 0 TTs Y +� AMP i 1 � r _ }# 1p �� __4 A A' Home Public Works Department Capital Improvement Program (CIP) Division Mary Phillips Senior Center Outdoor Recreation Area 1T1 @I IT.1 T I T r.Ti rcl 0 TET: ;iiFIL - - loll- s #_ d r1 &jff y VW , '11�117 . I ---%w W-ws:z— -, Public Works Department Capital Improvement Program (CIP) Division • Redhawk Park Playground LEAGUE CITi A E S 0A —r '-01111 1-Manager Form of Gr u lily Departments t One City One Tearn; Establishing Effecf1ve City Manager -Council Relations m If you are going to achieve Excellence in big things, you develop the habit in little matters. Excellence is not an exception, it is a prevailing attitude." - Colin Powell Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 9, 2024 SUBJECT: Approve Annual City Council Protocol Manual for the 2024 Calendar Year PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY COUNCIL PROTOCOL MANUAL RELATED TO POLICIES GOVERNING THE OPERATIONS OF THE CITY COUNCIL BACKGROUND: On July 14, 2020, the City Council approved the creation of a City Council Protocol Manual as a part of its multi -phased, multi -year Race, Equity, Diversity and Inclusion (REDI) Initiative. On July 13, 2021, the City Council approved the general policy content of the City Council Protocol Manual. The City Council adopted its first five policies on September 28, 2021. On January 10, 2023, the City Council approved a Public Recognitions Policy and appointed an ad hoc City Council Protocol Manual subcommittee to guide staff in the preparation of additional policies for adoption in a completed manual. On March 14, 2023 the City Council adopted a revised policy related to agenda placement. On May 23, 2023, the City Council adopted three policies related to General Law City, Council -Manager Form of Government, and Role of Mayor, Mayor Pro Tempore and City Council. The Selection of Mayor and Mayor Pro Tempore policy was not adopted. On October 24, 2023, the City Council adopted five policies related to Use of City Letterhead and Seal, Complimentary Ticket Use and Reporting, Use of Systems, Electronic Communications and Technology Resources, State Mandated Training and Conflict of Interest Laws. On November 14, 2023, the City Council adopted the final four policies related to Appointments to Internal/External Committees, Compensation and/or Stipends, Code of Ethics, and Elected Official Travel and Reimbursement. As of November 14, 2023 the City Council Protocol Manual consists of 18 policies. It is recommended that the City Council adopt the annual City Council Protocol Manual. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution 2. City Council Protocol Manual RESOLUTION NO.2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY COUNCIL PROTOCOL MANUAL RELATED TO POLICIES GOVERNING THE OPERATIONS OF THE CITY COUNCIL THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On July 14, 2020, the City Council approved the creation of a City Council Protocol Manual as a part of its multi -phased, multi -year Race, Equity, Diversity and Inclusion (REDI) Initiative. Section 2. On July 13, 2021, the City Council approved the general policy content of the City Council Protocol Manual. Section 3. On September 28, 2021 the City Council adopted its first five policies related to Code of Conduct, Rules of Order for Public Meetings, Agenda Placements by Council Members, Requests for Information and Staff Time, and Public Participation at Meetings. Section 4. On January 10, 2023, the City Council approved a Public Recognitions Policy and appointed an ad hoc City Council Protocol Manual subcommittee to guide staff in the preparation of additional policies for adoption in a completed manual. Section 5. On March 14, 2023 the City Council adopted a revised policy related to Agenda Placements by Council Members. Section 6. On May 23, 2023, the City Council adopted three policies related to General Law City, Council -Manager Form of Government, and Role of Mayor, Mayor Pro Tempore and City Council. The Selection of Mayor and Mayor Pro Tempore policy was not adopted. Section 7. On October 24, 2023, the City Council adopted five policies related to Use of City Letterhead and Seal, Complimentary Ticket Use and Reporting, Use of Systems, Electronic Communications and Technology Resources, State Mandated Training and Conflict of Interest Laws. Section 8. On November 14, 2023, the City Council adopted the final four policies related to Appointments to Internal/External Committees, Compensation and/or Stipends, Code of Ethics, and Elected Official Travel and Reimbursement. Section 9. As of November 14, 2023 the City Council Protocol Manual consists of 18 policies. Section 10. All prior resolutions in conflict with and superseded by this resolution are hereby rescinded. Section 11. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of January, 2024. James Stewart, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of January, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk �J .-� , 1r I • M Alk 4,1 `y a The Heart of Southern California UPDATED NOVEMBER 14, 2023 Wine Country TABLE OF CONTENTS PolicyNo. 1....................................................................................................... General Law City Policy No. 2...................................................................... Council -Manager Form of Government Policy No. 3................................................Role of Mayor, Mayor Pro Tempore, and City Council PolicyNo. 4........................................................................................................ Code of Conduct Policy No. 5.............................................................................Rules of Order for Public Meetings Policy No. 6................................................................................. Public Participation at Meetings Policy No. 7..................................................................Agenda Placements by Council Members Policy No. 8.................................................................... Requests for Information and Staff Time Policy No. 9................................................................................................... Public Recognitions Policy No. 10.............................................................................. Use of City Letterhead and Seal Policy No. 11................................................................ Complimentary Ticket Use and Reporting Policy No. 12............... Use of Systems, Electronic Communications and Technology Resources Policy No. 13..........................................................................................State Mandated Training Policy No. 14...........................................................................................Conflict of Interest Laws PolicyNo. 15..........................................................................................................Code of Ethics Policy No. 16................................................................................ Compensation and/or Stipends Policy No. 17............................................................. Elected Official Travel and Reimbursement Policy No. 18........................................................ Appointment to Internal / External Committees Appendix A...................................................................................... Summary of Ralph M. Brown Act Laws B..............................................................................................Summary of Public Records Laws C....................................................................................... Summary of Conflicts of Interest Laws POLICY NO. 1 GENERAL LAW CITY CITY OF TEMECULA CITY COUNCIL POLICY Coo'( The Heart of Southern California Wine Country Title: General Law City Policy No. 1 Approved: May 23, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to reaffirm adherence to and acknowledgment of the City of Temecula as a general law city and include said policy in the City Council Protocol Manual. POLICY: The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows: Adherence to and Acknowledgment of the City of Temecula as a General Law City Local government agencies are established through the California Government Code and Article XI of the California Constitution. Local government agencies include counties, cities, special districts, and other regional bodies. The City of Temecula is a local government agency pursuant to these laws and incorporated as such on December 1, 1989. Cities provide essential and general services and programs for their residents such as health and safety and parks and recreation. Article XI, § 3 of the Constitution of California specifically provides for the creation of city government. As of the date of adoption of this policy, there are 482 incorporated cities in the State of California. Government Code §34100 et seq. sets forth the two types of cities - general law and charter. General law cities, the most common form, are governed by the California Government Code and other statutes. Charter cities, consisting of approximately one -quarter of the cities in California, are governed by their adopted charter. Matters deemed to be of "statewide concern" by the State of California, may be governed by statute irrespective of general law or charter designation. The City of Temecula is a general law city existing and operating pursuant to the laws set forth in the California Constitution, California Government Code, and other relevant statutes. POLICY NO. 2 COUNCIL-MANAGER FORM OF GOVERNMENT CITY OF TEMECULA CITY COUNCIL POLICY Coo'( The Heart of Southern California Wine Country Title: Council -Manager Form of Government Policy No. 2 Approved: May 23, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to reaffirm that the City of Temecula operates as a council- manager form of government and include said policy in the City Council Protocol Manual. POLICY: The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows: eration as a Council -Manager Form of Government The council-manager form of government is the most common type of governance structure amongst cities in the United States. Under this form of government, residents elect a governing body (city council) to adopt legislation and set policy. The governing body then hires a manager or administrator with broad executive authority to carry out those policies and oversee the local government's day-to-day operations. This structure is similar to that of a corporation in the private sector whereby a board of directors sets forth policy and a chief executive officer implements such policy. The council-manager form of government recognizes the critical role of elected officials as policy makers, who focus on mapping out a collective vision for the community and establishing the policies that govern it. The form also recognizes the need for a highly -qualified individual who is devoted exclusively to the delivery of services to residents. Under the council-manager form, there is a clear distinction between the administrative role of the manager and the political and policy roles of the governing body. The operations of the local government organization reside with the appointed manager, allowing elected officials to devote their time and energy to policy development and the assessment of the effectiveness of those policies within the community. Government Code Section §34851 et seq. sets forth the process by which a council-manager form of government may be established in California. Temecula Municipal Code § 2.12 et. seq., adopted pursuant to the aforementioned code section, sets forth the specific duties, powers, and responsibilities of a city manager in relation to their service to the City of Temecula. The municipal structure of the City of Temecula is a council-manager form of government operating pursuant to the laws set forth in the California Government Code and Temecula Municipal Code. POLICY NO. 3 ROLE OF MAYOR, MAYOR PRO TEMPORE AND CITY COUNCIL CITY OF TEMECULA CITY COUNCIL POLICY Coo'( The Heart of Southern California Wine Country Title: Role of Mayor, Mayor Pro Tempore and City Council Policy No. 3 Approved: May 23, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to reaffirm the role of the Mayor, Mayor Pro Tempore and City Council and include said policy in the City Council Protocol Manual. POLICY: The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows: Role of Mayor, Mayor Pro Tempore and City Council The City of Temecula is a general law city, operating as a council-manager form of government, with a five -member, non -partisan legislative body. The legislative body is referred to as the city council. Each council member is directly elected by the registered voters of their district. The positions of mayor and mayor pro tempore are ceremonial in nature and not directly elected. The city council selects the mayor and mayor pro tempore amongst themselves and the positions typically serve a calendar year. The mayor is the public face of the community who presides at meetings, facilitates communication and understanding between elected and appointed officials and the public, and assists the legislative body in setting goals and advocating policy decisions. The mayor facilitates discussion and decision -making on important topics. The mayor pro tempore assists the mayor in fulfilling their role and presides in the absence of the mayor as needed. The primary role of the city council is to engage with the community to determine needs and in response provide policy direction to ensure a high quality of life for all. The city council exercises its authority and sets policy through an ordinance, resolution, or minute order capturing its collective action on a variety of topics such as health and safety, fiscal stability, and growth and sustainability. The city council also adopts the annual budget, appoints members to its advisory boards and commissions, and manages the positions of the city manager and city attorney. All other employees in the City of Temecula remain the management responsibility of the city manager and department directors appointed by the city manager. General day-to-day operations remain under the purview of the city manager appointed by the city council. The above reaffirms the role of the mayor, mayor pro tempore, and city council in the City of Temecula, a general law city with a council-manager form of government. POLICY NO, 4 CODE OF CONDUCT CITY OF TEMECULA CITY COUNCIL POLICY Aft At C�'( '1 The Heart of Southern Califarnia Wine Country Title: Code of Conduct Policy No. 4 Approved: September 28, 2021 Revised: N/A PURPOSE: The purpose of this City Council policy is to provide for considerate and thoughtful civil discourse through which respectful dialogue can occur in the best interest of the community. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is as follows: 1. Elected and Appointed Officials' Conduct with One Another Elected officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Notwithstanding this diversity, all have chosen to serve in public office in order to preserve and protect the high quality of life of the community. Even in the face of adversity and differences of opinion, this common goal is acknowledged and remains at the forefront. 1(a). In Public Meetings Formal titles and professional appearance Elected officials will refer to one another formally during public meetings, such as Mayor, Mayor Pro Tempore, Chair, or Council Member followed by the individual's last name. Council Members shall present a professional appearance in all public meetings. Civility and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. While public officials have a right to state their opinions, public officials should set an example and refrain from personal, slanderous, threatening, abusive, or other disparaging comments. Shouting or physical actions that could be construed as threatening will not be tolerated. Role of Mayor in maintaining order It is the responsibility of the Mayor to keep the comments of members on track during public meetings. Members should honor efforts by focusing discussion on current agenda items. If there is disagreement about the agenda or the Mayor's actions, those objections should be voiced politely and with reason, following procedures outlined in the City Council Rules of Order. Effective problem -solving approaches Members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. Outside of official meetings, individual members represent themselves and not the City as a whole unless specifically authorized to do so by law or City Council policy. In private settings, members may communicate their individual viewpoints and opinions unless otherwise prohibited by law. In public, all members should strive to represent the official policies or positions of the City and City Council, although both the majority and minority viewpoint reflected in discussion may be shared or reported on. 1(b). In Private Encounters Respectful behavior in private The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations. Insecurity of written notes, voicemail messages, and e-mail Technology allows words written or said without much forethought to be distributed wide and far. Written notes, voicemail messages and e-mail should be treated as potentially "public" communication. Private conversations with a public presence Elected officials are always on display and should be aware that their actions, mannerisms, and language are monitored by people around them that they may not know and may be shared with others unbeknownst to them. 2. Elected and Appointed Officials' Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected officials, and staff who implement and administer City Council direction and policy. Every effort should be made to show mutual respect for the contributions made by all for the betterment of the community. Staff as professionals The general expectation for all is clear and honest communication respecting the abilities, experience, and dignity of each individual. Contrary behavior towards staff is not acceptable. Public criticism of employees Elected officials should refrain from expressing concerns about individual employee conduct or performance in public, to the employee directly, or to the employee's manager. Such comments should be shared with the City Manager directly through private correspondence or conversation. Involvement in administrative functions In accordance with Section 2.12.080 of the Temecula Municipal Code, elected officials should not attempt to influence staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, granting of City licenses and permits, or any other administrative functions or operations of the City that fall within the purview of the City Manager. Requests for staff support Routine administrative support is provided to all Council Members. The Executive Assistant or others designated in the City Manager's Office, open and distribute mail, manage calendars and scheduling of meetings, and perform other similar administrative tasks for the City Council. Requests for additional staff support should be made to the City Manager directly to ensure proper allocation of resources. Solicitation of political support Elected officials shall not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace without utilizing any City equipment and/or resources. 3. Elected and Appointed Officials' Conduct with the Public 3(a). In Public Meetings Making the public feel welcome is an important part of the democratic process. Every effort should be made to be fair and impartial in listening to public testimony. While questions of clarification may be asked, the elected official's primary role during public testimony is to actively listen. Maintain an open mind Members of the public deserve an opportunity to influence the thinking of elected officials. To express an opinion prior to the close of debate or a public hearing casts doubt on the ability to obtain a fair review of the issue. This is particularly important when officials are serving in a quasi-judicial capacity and in these cases Council Members shall not express an opinion on the matter prior to the completion of the public hearing or receive evidence on the matter outside of the public hearing. Asking for clarification and avoiding debate Only the Mayor can interrupt a speaker during a presentation. However, a Council Member can ask the Mayor for a point of order if the speaker is off the topic or exhibiting disruptive behavior. It is the responsibility of the Mayor to remain calm at all times, keep the speaker focused, and maintain the order and decorum of the meeting. The Mayor and all members of the City Council should follow the City Council Rules of Order in conducting public meetings and the City Attorney is present to make any final rulings on meeting procedures if needed. 3(b). In Unofficial Settings Members will frequently be asked to explain a Council action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or implicitly promise Council or board/commission action, or to promise City staff will do something specific (fix a pothole, remove a library book, plant new flowers in the median, etc.). It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other members, their opinions and actions. Members shall refrain from expressing any opinions related to quasi-judicial land use matters in all unofficial settings as such discussions must occur in public meetings for the official record. Unofficial settings include internet and social media platforms (i.e., Facebook, Twitter, blogs, etc.) 4. Enforcement The Code of Conduct expresses standards of conduct expected for members of the Temecula City Council. Members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of local government. Members who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Council, lose committee assignments, or have other official representation on behalf of the City restricted. Serious infractions of the Code of Conduct could lead to other sanctions as deemed appropriate by the Council. POLICY NO. 5 RULES OF ORDER FOR PUBLIC MEETINGS CITY OF TEMECULA CITY COUNCIL POLICY Aft At C�'( '1 The Heart of Southern Califarnia Wine Country Title: Rules of Order for Public Meetings Policy No. 5 Approved: September 28, 2021 Revised: N/A PURPOSE: The purpose of this City Council policy is to ensure that the business of the people that is conducted at a public meeting is done so in a clear, concise and orderly manner. I:19111 S The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows: Obtaining the Floor. Any Council Member wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor must recognize any Council Member who seeks the floor when that Council Member is appropriately entitled to do so. Council Discussion. Following the staff report and public comments on an item, the Council may discuss the matter before a motion is made. Motions. The Mayor or any member of the Council may call for action on any matter before the Council by making a motion. Before the motion can be considered or debated it must be seconded. Once the motion has been properly made and seconded, the Mayor shall open the matter for debate offering the first opportunity to debate to the moving party and, thereafter, to any Council Member properly recognized by the Mayor. Once the motion has been fully debated and the Mayor calls for a vote, no further debate will be allowed. However, Council Members may be allowed to explain their vote. Council Questions Only During Staff Report or Public Comment. Council participation during the presentation of public testimony or staff reports shall be limited to questions asked at the conclusion of the testimony. No general discussion should be permitted until the testimony has been completed. Council discussion not relevant to the agenda item should be reserved forthe City Council Reports portion of the agenda. Voting. If the vote is a voice vote, the Mayor shall declare the result and note for the record all yes votes and all no votes. The Council may also vote by roll call or electronically. Regardless of the manner of voting, the results reflecting all yes and no votes and the Council Members who cast them must be clearly set forth in the minutes of the meeting. No secret ballots are allowed. To be adopted, a motion requires the yes vote of a majority of the quorum present, unless the vote of three Council Members is required by statute, ordinance, or resolution. If a member is disqualified from voting, the member shall not participate in the consideration of the matter and shall not be counted for the purpose of the quorum. In addition, as required by the Fair Political Practices Act and regulations the member shall leave the dais and the Council chamber during the consideration of the matter, except for matters on the Consent Calendar. If, however, the matter is being considered on the Consent Calendar and has not been removed from the Consent Calendar, the Council Member may remain on the dais and disclose the reason for disqualification. A disqualified Council Member may speak on the matter as a private citizen, but only to the limited extent allowed by the Section 18702.5 of the Regulations of the Fair Political Practices Commission, or its successor sections. A tie vote means no action has been taken on the motion. Procedural Rules of Order. Once the main motion is properly placed on the floor, several related motions may be employed in addressing the main motion, and if properly made and seconded, must be disposed of before the main motion can be acted upon. The following motions are appropriate and may be made by the Mayor or any Council Member at any appropriate time during the discussion of the main motion. They are listed in order of precedence. The first three subsidiary motions are not debatable; the last three are debatable. Subsidiary Motions. Lay on the Table. Any Council Member may move to lay the matter under discussion on the table. This motion temporarily suspends any further discussion of the pending motion without setting a time certain to resume debate. To bring the matter back before the Council, a motion must be adopted that the matter be taken from the table. A motion to take from the table must be made at the same meeting at which it was placed on the table or at the next meeting of the Council. Otherwise the motion that was tabled dies, although it can be raised later as a new motion. A motion to lay on the table is not debatable. Move Previous Question. Any Council Member may move to immediately bring the question being debated by the Council to a vote, suspending any further debate. The motion must be made and seconded without interrupting one who already has the floor. A majority vote of the quorum present is required for passage. A motion to move previous question is not debatable. Limit or Extend Limits of Debate. Any Council Member may vote to put limits on the length of debate. The motion must be made and seconded and requires a majority vote of the quorum present to pass. A motion to limit or extend limits of debate is not debatable. Postpone to a Time Certain. Any Council Member may move to postpone debate and action on a motion to a date and time certain. A motion to postpone to a time certain is debatable. Commit or Refer. Any Council Member may move that the matter being discussed should be referred to staff, a committee, or a commission for further study. The motion may contain directions for the staff, committee, or commission, as well as a date upon which the matter will be returned to the Council's Agenda. If no date is set for returning the item to the Council Agenda, any Council Member may move, at any time, to require that the item be returned to the Agenda. A motion to commit or refer is debatable. Amend. Any Council Member may amend the main motion or any amendment made to the main motion. Before the main motion may be acted upon, all amendments and amendments to the amendments must first be acted upon. An amendment must be related to the main motion or amendment to which it is directed. Any amendment that substitutes anew motion rather than amending the existing motion is out of order and may be so declared by the Mayor. A motion to amend is debatable. Motions of Privilege, Order, and Convenience. The following actions by the Council are to ensure orderly conduct of meetings and are for the convenience of the Mayor and Council Members. These motions take precedence over any pending main or subsidiary motion and may be debated except as noted. Call for Orders of the Day. Any Council Member may demand that the agenda be followed in the order stated therein. No second is required, and the Mayor must comply unless the Council, by majority vote, sets aside the agenda order of the day. Request for Privilege. Any Council Member, at any time during the meeting, may make a request of the Mayor to accommodate the personal needs of the Council for such things as reducing noise, adjusting room temperature, ventilation, etc. The validity of the request is ruled on by the Mayor. Recess. Any Council Member may move for a recess. No second is required, and the Mayor must comply unless the Council, by majority vote, sets aside the motion. Adjourn. Any Council Member may move to adjourn at any time, even if there is business pending. The motion must be seconded, and a majority vote is required for passage. A motion to adjourn is not debatable. Point of Order. Any Council Member may require the Mayor to enforce the rules of the Council by raising a point of order. The point of order shall be ruled upon by the Mayor. Appeal. Should any Council Member be dissatisfied with a ruling from the Mayor, he or she may move to appeal the ruling to the full Council. The motion to appeal requires a second, and the ruling of the Mayor may be overturned by a majority vote of the members present. Suspend the Rules. Any Council Member may move to suspend the rules if necessary to accomplish a matter that would otherwise violate the rules. The motion requires a second, and a majority vote is required for passage. Division of Question. Any Council Member may move to divide the subject matter of a motion which is made up of several parts so that Council Members can vote separately on each part. This motion may also be applied to complex ordinances or resolutions. Reconsider. Except for votes regarding matters that are quasi-judicial in nature or matters that require a noticed Public Hearing, the Council may reconsider any vote taken at the same meeting, but no later than the same or next regular meeting, to correct inadvertent or precipitant errors or to consider new information not available at the time of the vote. The motion to reconsider must be made by a Council Member who voted on the prevailing side, must be seconded, and requires a majority vote of the quorum for passage, regardless of the vote required to adopt the motion being reconsidered. If the matter is to be reconsidered at the next regular meeting, a Council Member on the prevailing side must ask the City Clerk to place the matter on the agenda or otherwise comply with the Government Code. If the matter to reconsider is successful, the matter to be reconsidered takes no special precedence over other pending matters and any special voting requirements related thereto still apply. Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again at the same meeting. Rescind, Repeal, or Annul. The Council may rescind, repeal, or annul any prior action taken with reference to any legislative matter so long as the action to rescind, repeal, or annul complies with all the rules applicable to the initial adoption, including any special voting or notice requirements or unless otherwise specified by law. Council Authority. The Council shall have the authority to waive provisions of the procedures established by this Resolution unless the procedure is required. Failure of the Council to follow the procedures established by this Resolution shall not invalidate or otherwise affect any action of the Council. POLICY NO. 6 PUBLIC PARTICIPATION AT MEETINGS CITY OF TEMECULA CITY COUNCIL POLICY Aft At C�'( '1 The Heart of Southern Califarnia Wine Country Title: Public Participation at Meetings Policy No.: 6 Approved: September 28, 2021 Revised: N/A PURPOSE: The purpose of this City Council policy is to ensure that the community can formally address their local representatives in a public meeting regarding matters that relate to Council business or citizen concerns within the subject matter jurisdiction of the City Council. POLICY: The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows: PUBLIC PARTICIPATION IN COUNCIL MEETINGS Audience Decorum. Members of the audience have the right to express their views about items on the agenda or issues within the jurisdiction of the City subject to the time, place and manner rules described in this Policy. Actions expressing the views of members of the public, such as clapping, whistling; stomping; sign waving are permitted as free speech so long as the actions do not disturb, disrupt, or otherwise impede the orderly conduct of the meeting. The Council expects persons speaking at City Council meetings to do so in a civil manner that promotes the free exchange of ideas and encourages public participation. Request to Speak Form. Members of the public may address the City Council during Public Comments and before consideration of any agenda item; however, no person shall address the Council without first being recognized by the Mayor. Any person wishing to speak, whether during Public Comments, Consent Calendar, or on an agenda item, shall first complete a Public Comment or Request to Speak form and submit this form to the City Clerk or Deputy City Clerk before the Mayor calls for Public Comments or calls the particular agenda item. A speaker is not required to list his or her name and address, but doing so does helps the Council and staff to provide follow-up information to the speaker if needed. Speakers shall be called in the order their Request to Speak form is received by the City Clerk or Deputy City Clerk. Speak Only Once. Second opportunities for the public to speak on the same issue will not be permitted unless mandated by state or local law. Addressing the Council. Comment and testimony shall be directed to the Council through the Mayor. Dialogue between and inquiries from citizens at the podium and individual Council Members, members of staff, or the seated audience is not permitted. Council Members seeking to clarify testimony or gain additional information should direct their questions through the Mayor. Public Comments to City Council Non -Agenda Items and Consent Calendar. The public has right to comment on matters within the jurisdiction of the Citythat are not listed on the agenda as provided in this Policy. The agenda shall provide for such public comments. Public Comments will be heard at the meeting in the manner noted on the agenda. A maximum of thirty (30) minutes shall be allowed for such public comments. A member of the public who wishes to speak under Public Comments may fill out a Public Comment Request to Speak form and submit it to the City Clerk or Deputy City Clerk before the Mayor calls for Public Comments. Persons may speak under Public Comments for three (3) minutes. Deferral of one speaker's time to another is not permitted. State law prohibits the City Council from taking action on any item not listed on the agenda unless the Council makes a determination that an emergency exists or that the need to take immediate action on the item arose subsequent to the final posting of the agenda. Council Members or staff members may provide brief response to comments, ask brief questions of the speaker, refer the speaker to staff or another agency, or request that the matter be placed on an agenda in a manner that is consistent with the City Council policy for the placement of items on a future agenda. Council Member or staff responses shall not exceed three (3) minutes each. Consent Calendar Items. Members of the public who wish to speak on a Consent Calendar item will be allowed to speak for a maximum period of 30 minutes prior to the consideration of the Consent Calendar. Persons may speak on Consent Calendar items for three (3) minutes each. Deferral of one speaker's time to another is not permitted. Agenda Items. The public has a right to comment on agenda items. A member of the public who wishes to speak on an agenda item may fill out a Request to Speak form and submit it to the City Clerk or Deputy City Clerk before the Mayor calls the agenda item. Subject to the special provisions discussed below for Public Hearings, persons may speak about an agenda item for a maximum of five (5) minutes. Deferral of one speaker's time to another is not permitted. In the event there is a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak on the item. Disruptive Behavior Prohibited at Council Meetings. The Council expects persons speaking at the City Council meeting to do so in a civil manner that promotes the free exchange of ideas and encourages public participation. Any person who engages in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting shall, upon an order by the Mayor, or the presiding officer, or a majority of the City Council, be barred from further audience before the City Council during that meeting. Examples of disruptive behavior. Examples of behavior that can actually disrupt, disturb, or otherwise impede the orderly conduct of a City Council meeting include, but are not limited to, the following: (1) Speaking without being recognized by the Mayor or the presiding officer. (2) Continuing to speak after the allotted time has expired. (3) Speaking on an item at a time not designated for discussion by the public of that item. (4) Throwing objects. (5) Speaking on an issue that is not within the jurisdiction of the City Council. (6) Speaking to the audience rather than to the City Council. (7) Interrupting a person who is speaking to the City Council during such person's allotted time. (8) Preventing a person from speaking to the City Council during such time as is allocated for comments from the public. (9) Wearing of a mask, costume, disguise or other regalia or paraphernalia that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting. (10) Uttering loud, threatening, or abusive language that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting. (11) Clapping, whistling, stomping feet, and sign waving that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting. Enforcement. The rules of conduct for City Council meetings set forth in this section shall be enforced in the following manner: (1) Warning to desist. Whenever practicable, the Mayor, or the presiding officer, or a majority of the City Council shall give a warning to a person whose behavior is actually disrupting, disturbing or otherwise impeding the orderly conduct of a City Council meeting. The warning shall identify the disruptive behavior and the manner in which the person must comply. A warning shall not be necessary when it would not be effective due to extraordinary circumstances. Examples of extraordinary circumstances in which no warning is required include situations in which a warning would be difficult to hear over the noise of the disturbance; situations involving an immediate threat to public safety such as the throwing of objects or the display of a weapon; and situations involving a person who has been warned about the same type of disruptive behavior at a City Council meeting held within the prior thirty (30) calendar days. (2) Recess. If, after receiving a request from the Mayor, the person persists in violating the rules, the Mayor may order a recess. Any representative of law enforcement who is present at the meeting when the violation occurs shall be authorized to warn the person that his or her conduct is violating the rules and that he or she is requested to cease such conduct. (3) Order barring person from meeting. The Mayor, or the presiding officer, or a majority of the City Council may issue an order barring a person from the remainder of a City Council meeting if such person was warned at that City Council meeting about disruptive behavior and such person again engages in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of the meeting. Additionally, the Mayor, or the presiding officer, or a majority of the City Council may issue an order barring a person from the remainder of a City Council meeting without a warning if there are extraordinary circumstances and the person engages in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of the meeting. (4) Removal. If a person barred from the remainder of a City Council meeting does not voluntarily exit the Council chambers, the Mayor, or the presiding officer, or a City Council majority may direct the Sergeant -at -arms to remove that person from the Council chambers and exclude that person for the remainder of that meeting. (5) Clearing the Room. Pursuant to Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or groups of persons so as to disrupt, disturb or otherwise impede the orderly conduct of such meeting and order cannot be restored by the removal of the individuals who are willfully interrupting the meeting, City Council may order that the meeting room may be ordered cleared and the meeting shall continue in session. The motion to clear the room shall be by a vote not less than three members of the City Council in favor. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to Government Code Section 54957.9. (6) Violation of the California Penal Code. A person or persons who substantially impairs the conduct of a City Council meeting by knowingly and intentionally violating these rules of decorum may be prosecuted under Penal Code Section 403 for disturbing a public meeting. Every person who violates Penal Code Section 403 is guilty of a misdemeanor. Unlawful behavior. The following conduct shall be unlawful: (1) Engaging in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a City Council meeting after receiving a warning at that meeting from the Mayor, or the presiding officer, or a City Council Member. (2) Refusing to leave the Council chambers after being barred for the remainder of a City Council meeting by the Mayor, or the presiding officer, or a City Council majority. (3) Returning to the Council chambers before the conclusion of a City Council meeting after being barred for the remainder of that meeting by the Mayor, or the presiding officer, or a City Council majority. Sergeant -at -arms. The Sheriff, or such members of the Sheriff's Department as he or she may designate, shall attend each Council meeting and shall be Sergeant -at -arms of the City Council unless otherwise directed by the City Manager. The Sergeant -at -arms shall carry out all lawful orders given by the Mayor, or the presiding officer, or a majority of the City Council for the purpose of maintaining order at City Council meetings. The Sergeant -at -arms shall have the authority and power to enforce the orders of the Mayor, or the presiding officer, or a majority of the City Council relating to the order and conduct of City Council meetings. Any Council Member may move to require the Mayor, or presiding officer, to enforce the rules of conduct and a majority vote of the Council shall require him or her to do so. Motion to Enforce. If the Mayor fails to enforce the rules of decorum set forth herein, any Council Member may move to require the Mayor to do so, and an affirmative vote of three members of the Council shall require the Mayor to do so. If the Mayor fails to carry out the will of the majority of the Council in this matter, the Council by an affirmative vote of three Council Members may designate another Council Member to act as Mayor for the limited purpose of enforcing the rules of decorum established herein for that meeting. PUBLIC HEARINGS Process and Procedures. The City Council conducts Public Hearings on applications, projects, and other matters as required to provide due process of law. The following outlines the process under which Public Hearings will be conducted. Staff will review the application/project/matter, will prepare a staff report, and may make a recommendation or propose alternatives to the City Council prior to the Public Hearing. A notice of the Public Hearing shall be posted, published, and mailed as required by law and the Temecula Municipal Code. The members of the City Council will receive the staff report for the application/project/matter in the agenda packet prior to the meeting. This provides the Council with an opportunity to study the staff report, which will become part of the hearing record, and to become familiar with the project prior to the Public Hearing. When the Public Hearing is called, staff shall summarize the application/project/matter as contained in the staff report or request a continuance to a future meeting. The City Council may ask questions for clarification. Once the Public Hearing is opened, the applicant/property owner and the appellant is entitled to present the application/project/matter in person or through a representative. Following this presentation, members of the public shall be called upon to speak on the application/project/matter in the order their Request to Speak forms are received by the City Clerk or Deputy City Clerk. Once the members of the public have spoken, the applicant/property owner and the appellant shall be provided an opportunity to rebut any testimony or evidence provided by opponents or by staff. The rebuttal shall be limited to answering or refuting testimony of the public or staff. Following each presentation, members of the City Council may question the speakers. Following rebuttal, the item is then before the City Council for discussion and clarification. When all parties have been heard and there are no additional requests to speak, the Mayor may close the Public Hearing and any member of the Council may make a motion to: (1) Reopen the Public Hearing and continue it to a date certain to allow for further study or discussion; or (2) Adopt the resolution or ordinance for approval or denial of the project, with or without changes, as recommended in the Staff Report; or (3) Direct Staff to prepare a different resolution or ordinance than the one recommended for adoption on the Consent Calendar at the next regular meeting of the City Council. The applicant may withdraw the application/project/matter at any time before a vote is taken by the City Council. An appellant may withdraw its appeal at any time prior to the opening of the public hearing. Speaker Time Limits for Public Hearings At Public Hearings involving land use matters the property owner or the applicant/property owner has the burden of proof and, therefore, shall be allowed fifteen (15) minutes for an initial presentation by its development team and an additional ten (10) minutes for rebuttal by its development team following the other comments on the matter. The Mayor may allow more time if required to provide due process for the property owner or applicant. An appellant, other than the property owner or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property which is the subject of the Public Hearing, shall be allowed fifteen (15) minutes to present the appellant's position to the Council. The Mayor may allow more time if required to provide due process for the appellant. All other members of the public may speak during the Public Hearing for a maximum period five (5) minutes each. Deferral of one speaker's time to another is not permitted. In the event there is a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak. Policy Applicable to All Public Meetings of the City. The above -referenced public participation standards of this Policy shall apply to all public meetings of the City including City Council and all commissions, boards and committees of the City. POLICY NO. 7 AGENDA PLACEMENT BY COUNCIL MEMBERS CITY OF TEMECULA CITY COUNCIL POLICY Aft A'1 The Heart of Southern Califarnia Wine Country Title: Agenda Placement by Council Members Policy No. 7 Approved: September 28, 2021 Revised: March 14, 2023 PURPOSE: While most agenda items are scheduled through the City Manager's Office based on the administrative and operational needs of the City, the purpose of this City Council policy is to provide for an effective and efficient process through which an individual Council Member may place an item on the agenda. POLICY: Request for Placement. Any Council Member, including the Mayor, may request that an item be placed on a future agenda. The Council Member's request will be considered by the City Council under the "Items for Future City Council Agendas" section of the agenda. 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. The Council Members description of the requested future agenda item shall not exceed three (3) minutes unless extended by a majority vote of the City Council. No substantive discussion on the subject to be placed on a future agenda of the motion may occur except to explain the general nature of the item and the issue of timing for its placement on a future agenda. While a member of the public may express a desire to place an item on the agenda for consideration, items may only be placed on the agenda by Council Members pursuant to this policy or by the City Manager based on administrative or operational needs of the City. Response to Request for Placement. In response to such a request to place an item on the agenda by an individual Council Member, the City Council by a majority vote may choose to do any of the following: (1) Refer the item to the City Manager with specific direction to place the item on the agenda, conduct additional research and/or obtain additional information to report back to the City Council, and/or any other specific direction that the City Council deems appropriate. (2) Refer the item to the City Council subcommittee most related to the subject matter of the request for additional review and consideration. The relevant Council subcommittee after consideration may place the item on an agenda at their request and/or report back the findings of their consideration at a Council meeting under the "City Council Reports" section of an agenda. At the direction of the subcommittee, the City Manager may also share the general findings in writing as an update to the full City Council. (3) Take no action. Absent a majority vote of the City Council to refer an item pursuant to (1) and (2) above, the proposed item shall not be placed on a future agenda. Motion Required. If a motion to refer an item pursuant to (1) and (2) above is made, seconded and approved by a majority vote of the City Council, the proposed item will be processed accordingly through the City Manager. If there is no second, or the motion fails for the lack of a majority, no subsequent action shall be taken on the request. Time for Discussion and Public Comment Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed three (3) minutes. General discussion amongst the City Council on the placement of agenda items listed under the "Items for Future City Council Agendas" section of the agenda shall be limited to 15 minutes. Timing Direction. If the motion provides specific direction regarding timing, the approved item will be referred and/or placed on a future agenda consistent with that direction. If the motion is silent regarding timing, the approved item will be placed on a future agenda at the earliest reasonable time as determined by the City Manager. Recurring Requests. Requests by Council Members to add the same agenda item to every subsequent agenda are not permitted. An item may not be reconsidered for placement for a minimum of three (3) months unless approved by a majority vote of the City Council. POLICY NO. 8 REQUEST FOR INFORMATION AND STAFF TIME CITY OF TEMECULA CITY COUNCIL POLICY Aft A'1 The Heart of Southern Califarnia Wine Country Title: Requests for Information and Staff Time Policy No. 8 Approved: September 28, 2021 Revised: N/A PURPOSE: The purpose of this City Council policy is to ensure the effective use of staff time to fulfill individual City Council Member requests in balance with implementing the direction of the full City Council. POLICY: 1. General. Unless circumstances warrant otherwise, communications with staff should occur during normal City business hours. Responses to inquiries and questions should be expected within the next business day where possible. 2. Routine Requests for Information. Council Members may contact Executive Department Directors directly for information made readily available to the general public on a regular basis. Routine requests to provide information that can be fulfilled within a nominal period of time (i.e., status of a resident request, legislation, project timing, copy of existing documents, etc.) will be provided as soon as practicable. Staff shall treat all Council Members the same without preferential treatment and advise the City Manager of information provided as needed. 3. Non -Routine Requests for Information. Non -routine requests are defined as requests for information that exceed four (4) hours or one-half of a regular business day, as determined by the City Manager, to compile, research, prepare, etc.. Non -routine requests shall require the approval of the majority of the City Council. Non -routine requests may be placed on the agenda by the City Manager as an administrative or operational item under the Consent Calendar or Business section of the agenda to obtain such approval. The responsive information to non -routine requests will be distributed to the full City Council by way of written notification, as a future agenda item, or such other manner as determined by the City Manager. The City Manager retains the ability to bring any item to the full City Council irrespective of time constraints. The City Manager also retains the ability in the aggregate to perform work in response to individual City Council Member requests based on overall time and resource allocation. 4. Meeting Requests. Any Council Member requests for meetings with staff must be directed through the City Manager and/or relevant Executive Department Director, as appropriate. POLICY NO. 9 PUBLIC RECOGNITIONS POLICY CITY OF TEMECULA CITY COUNCIL POLICY Aft At C�'( '1 The Heart of Southern Califarnia Wine Country Title: Public Recognitions Policy Policy No. 9 Approved: January 10, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to ensure an effective and efficient process for the consideration and conduct of various public recognitions by the City Council. POLICY: The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows: Public Recognitions Ad Hoc Subcommittee A subcommittee shall be appointed annually as part of the City Council subcommittee review and selection process in January. To the extent possible, the subcommittee shall include both short and long tenured members of the City Council. The subcommittee will consider all public recognitions that include a nomination component (Community Leader Award of Distinction, Council Member Award of Recognition Upon Retirement, Wall of Honor, and Memorial, Monument and/or Facility Naming). The subcommittee will consider all nominations in a calendar year together and make recommendations to the full City Council. The subcommittee will function similarly to other ad hoc subcommittees that consider items on a calendar year basis. Standard Certificates of Recognition Standard certificates of recognition may be provided at the request of City residents, community leaders, businesses, nonprofit organizations, and/or Council Members. Standard certificates shall include those designated in the chart below. Such certificates shall be presented on behalf of the City of Temecula and shall be signed by a single signatory in the following order: (1) Council Member attending a related event, (2) Mayor, (3) Mayor Pro Tempore, or (4) Council Member designated by the Mayor. 1 Certificate of Student of the Month, Student of the Year, Girl Common Achievement Scouts, Eagle Scouts, Student Sports and / Competitions, Youth in Government Monthly 2 Certificate of Former Board and Commission Members, Meeting Common Appreciation Entertainment 3 Certificate of Acts of Bravery, Heroism (Resident Assistance in Rare Commendation Emergency Circumstances), Veterans 4 Certificate of 25th/50th/75th/100th Birthdays, Wedding Rare Congratulations Anniversaries, Retirements 5 Certificate for Grand New Businesses / New Owners / Chamber of Common Opening / Ribbon Commerce (Economic Development Requests) Cutting 6 Certificates of Miscellaneous — Noteworthy Residents, Non -Profits, Common Recognition Foundations, Chamber Gala 7 Certificate of In Memoria, Adjournments Rare Remembrance 8 Certificate of Welcome Sister City Dignitaries Rare Proclamations Proclamations may be provided at the request of residents, businesses, nonprofit organizations and/or Council Members. The City Council shall approve annually a list of proclamations proposed to be issued for the calendar year. Unless three or more Council Members pull a proclamation from the list indicating exclusion, all proclamations on the annual list shall be issued for presentation via mail or in -person as requested. Proclamations shall be presented on behalf of the City of Temecula and shall be signed by a single signatory in the following order: (1) Mayor, (2) Mayor Pro Tempore, or (3) Council Member designated by the Mayor. 1 Proclamation Day, Week or Month of Observation Consistent with Common Regional, State and/or National Recognition for Public Awareness / Education Purposes 2 Proclamation — Person Recognition of Day in Celebration of a Person Rare (Council Member, Founding Member) Pins and Medals Pins and medals may be provided at the request of residents, businesses, nonprofit organizations and/or Council Members. Pins and medals shall include those designated in the chart below. Pins and medals shall be accompanied by a related certificate and shall be presented via mail or in -person as requested. Pins and medals shall be presented on behalf of the City of Temecula and any related certificate shall be signed by a single signatory in the following order: (1) Mayor, (2) Mayor Pro Tempore, or (3) Council Member designated by the Mayor. 1 Boy Scout / Girl Scout Eagle Scout, Bronze/Silver/Gold Award, or Similar Noteworthy Accomplishment Common 2 Hero's Medal and Pin Acts of bravery and courage in the service of others Rare Community Leader Award of Distinction A Community Leader Award of Distinction may be provided to a resident and/or nonprofit or business affiliate upon recommendation of the Public Recognitions Subcommittee. Such award is rare and therefore shall be presented on behalf of the City of Temecula in -person at a City Council meeting. Any related certificate shall be signed by all Council Members. To be eligible for such an award, a nominee must meet the following criteria: Criteria 1. Nomination Form — The requisite nomination form, with supporting documentation, is submitted to the City Clerk's Office pursuant to instructions by the relevant deadline. 2. Contributions —The contributions and proof of impact of the nominee, as illustrated in the nomination packet, are well known and recognized by a significant segment of the community and their respective industry (education, nonprofit, business). 3. Subcommittee Consideration — The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee. 4. Public Recognition — During an in -person recognition at a City Council meeting, the nominee will receive a framed award signed by all Council Members, a swag bag from the City, and other recognitions from the community/industry as they deem appropriate. Council Member Award of Recognition Upon Retirement A Council Member Award of Recognition Upon Retirement shall be provided to retiring Council Members as indicated below. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in -person at a City Council meeting. Any related certificate shall be signed by all Council Members. To be eligible for such an award, a nominee must meet the following criteria: Criteria 1. Internal Form —The requisite recognition form, with supporting documentation, is submitted by relevant staff to the City Clerk's Office pursuant to instructions by the relevant deadline. 2. Service —The subject Council Member has completed a minimum of one full -term if elected or the whole of an unexpired term if appointed. 3. Subcommittee Consideration — The subject Council Member received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee. 4. Public Recognition —The subject Council Member receives recognition based on tenure with optional community recognitions at th meeting. While Board and Commission service is noted as part of the presentation, it is not counted towards years of service for purposes of recognition categories below: A. One Term (4 Years) — The subject Council Member receives an engraved plaque with years of service, a commemorative street sign, and a swag bag from the City. B. Two —Three Terms (8-12 Years) — The subject Council Member receives an engraved plaque with years of service, a framed proclamation recognizing member's retirement date as Member's Day, a commemorative street sign, and a swag bag from the City. C. Four Terms and Beyond (16+ Years) — The subject Council Member receives a shadow box with a key to the City, a proclamation recognizing member's retirement date as Member's Day, a commemorative street sign, and a swag bag from the City. Wnll of Wnnnr A Wall of Honor recognition may be provided to any deserving individual (i.e., resident, service club member, former Council Member, Commissioner or staff, nonprofit or business affiliate, etc.) upon recommendation of the Public Recognitions Subcommittee. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in -person at a City Council meeting. Any related certificate shall be signed by all Council Members. To be eligible for such a recognition, a nominee must meet the following criteria: Criteria 1. Nomination Form — The requisite nomination form, with supporting documentation, is submitted to the City Clerk's Office pursuant to instructions by the relevant deadline. 2. Contributions —The contributions and proof of impact of the nominee, as illustrated in the nomination packet, have extended beyond a 10 year period of time, are well known, and recognized by a significant segment of the community and/or their respective industry (education, nonprofit, business). 3. Subcommittee Consideration — The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee. 4. Public Recognition — During an in -person recognition at a City Council meeting, the nominee will receive a framed award signed by all Council Members and the nominee's name will be incorporated into the perpetual Wall of Honor plaque located at City Hall. Memorial, Monument and/or Facility Naming A memorial, monument and/or facility naming recognition may be provided to any deserving individual (i.e., resident, service club member, former Council Member, Commissioner or staff, nonprofit or business affiliate, etc.) upon recommendation of the Public Recognitions Subcommittee. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in -person at the site of the thing and/or place to be named. Any related certificate shall be signed by all Council Members. To be eligible for such a recognition, a nominee must meet the following criteria: Criteria 1. Nomination Form — The requisite nomination form, with supporting documentation, is submitted to the City Clerk's Office pursuant to instructions by the relevant deadline. 2. Contributions —The contributions and proof of impact of the nominee, as illustrated in the nomination packet, have extended beyond a 20 year period of time, are well known, and recognized by a significant segment of the community and/or their respective industry (education, nonprofit, business). Such contributions exceed all other contributions in community value such that there is no other public recognition that can be applied.The 20 year period of time is subject to review and adjustment by the full City Council. 3. Subcommittee Consideration — The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee. 4. Public Recognition — During an in -person recognition, the nominee will receive a framed award signed by all Council Members and the nominee's name will be incorporated into the subject memorial, monument and/or facility. Miscellaneous The following non-standard recognitions shall not have a political, religious, lifestyle, and/or commercial association: Community Leader Award of Distinction, Wall of Honor, Memorial, Monument, and/or Facility Naming. In addition, Resolutions of Principle, defined as statements in which an organization describes its collective beliefs, values, and intentions towards a particular topic(s), will not be issued by the Council and are not included as a part of this policy. POLICY NO. 10 USE OF CITY LETTERHEAD AND SEAL CITY OF TEMECULA CITY COUNCIL POLICY Aft At C�'( '1 The Heart of Southern Califarnia Wine Country Title: Use of City Letterhead and Seal Policy No. 10 Approved: October 24, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to set forth clear guidelines for the use of City letterhead and seal for official City business. The use of City letterhead and seal for any other purpose is prohibited. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is as follows: City Letterhead City letterhead shall be used to convey official City business. Council Member correspondence written on City letterhead may reflect a majority position of the Council and/or an individual Council Member's position. For example, City letterhead may be used to convey a collective position of the City Council on legislation, signed by the Mayor on behalf of the City Council. In addition, an individual Council Member, under their individual signature, may use City letterhead to support and/or oppose legislation. Any use of City letterhead shall clearly reference whether the correspondence is being sent on behalf of the members collectively or an individual member. All Council Member correspondence using City resources shall be copied to the full Council. City Seal Pursuant to Government Code Section 40811 the City Clerk is the custodian of the City Seal. Temecula Municipal Code Section 1.12.020 states "The city clerk shall have custody and charge of the City Seal and such other insignia that may from time to time be adopted pursuant to this code. Except as provided by this code, any seal, insignia or other symbol officially adopted for use by the City shall not be affixed to any instrument without the special warrant of the City Clerk therefore." Use of the City Seal is limited to official City business (i.e., official documents) and representation of the City as a whole. Individual use of the City Seal is prohibited. POLICY NO. 11 COMPLIMENTARY TICKET USE AND REPORTING CITY OF TEMECULA CITY COUNCIL POLICY Aft A'1 The Heart of Southern Califarnia Wine Country Title: Complimentary Ticket Use and Reporting Policy No. 11 Approved: October 24, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to set forth the use and reporting requirements affiliated with a complimentary ticket policy. The Political Reform Act, codified in the California Government Code, requires City officials and those employees designated in the City' s conflict of interest code to report gifts valued at $50 or more on their Statement of Economic Interests (Form 700). The regulating agency is the Fair Political Practices Commission (FPPC). FPPC Regulation 18944.1 provides that a ticket or pass provided to such persons by the City and distributed and used in accordance with an adopted written policy that meets the requirements of Regulation 18944.1 is not a gift under the Political Reform Act. The City adopted a Complimentary Ticket Policy in January 2009 and amended it in January 2016 and December 2019. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is attached as Exhibit A. EXHIBIT A POLICY EXHIBIT A RESOLUTION NO. 19-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA UPDATING THE CITY'S COMPLIMENTARY TICKET POLICY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council finds and determines as follows: A. The Political Reform Act requires City officials and those employees designated in the City's conflict of interest code to report gifts valued at $50 or more on their Form 700. FPPC Regulation 18944.1 provides that a ticket or pass provided to such persons by the City and distributed and used in accordance with an adopted written policy that meets the requirements of Regulation 18944.1 is not a gift under the Political Reform Act. B. The City adopted a Complimentary Ticket Policy in January 2009 and amended it in January 2016. The City must again amend the Complimentary Ticket Policy in order to update it to comply with revised FPPC Regulations. Section 2. The City Council hereby approves the "Complimentary Ticket Policy," attached hereto as Exhibit A, that amends and restates the Policy. The Complimentary Ticket Policy approved by this Resolution supersedes all previous versions of the policy. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10`h day of December, 2019. Jy ' , 4 ' % — Michael S. Naggar, Mayor ATTES . Randi Johl, City Clerk [SEAL] ii CITY OF TEMECULA COMPLIMENTARY TICKET POLICY 1. Purpose. This policy governs the distribution of complimentary tickets or passes received by the City, or at the behest of a City Official or City Employee, to a facility, event, show or performance for entertainment, amusement, recreational or similar purposes (the "Event"). Many of the rental agreements for the various musical and theatrical performances taking place at the Old Town Temecula Community Theater or other City -owned venues ("City Venues") require that booking entities provide a limited number of complimentary tickets to the City for performances. Additionally, the City is a sponsor of many other events in the community providing funds for the event or in -kind services to support the event ("City Sponsored Events"). The organizers of these specific events and other events within the City and County often provide the City with complimentary tickets to the event. The purpose of this Policy is to establish a fair and equitable process for the distribution of complimentary tickets to the City in compliance with the requirements of Section 18944.1 of the Fair Political Practices Commission Regulations. This Policy is subject to all applicable FPPC Regulations and the Political Reform Act, as now exist or may hereafter be added or amended, including, without limitation, definitions. (These regulations can be found at Title 2 of the California Code of Regulations and will be referred to as "FPPC Regulation"). 2. Distribution of Comnlimentary Tickets by the City. The City shall have sole discretion to determine who shall receive the complimentary tickets for Events that are provided to the City. A. The City Manager may provide two (2) complimentary tickets for each City Council Member and Commission Members ("City Officials") for an Event. An Event shall only include one performance during each engagement at the City Venues or for the City -Sponsored Event or other Event. "Commission Members" shall mean members of the Planning Commission, Community Services Commission, Public/Traffic Safety Commission, and Old Town Local Review Board, and other commissions or boards established by the City Council. 1) The tickets shall be used by the City Official, his or her immediate family or no more than one guest solely for their personal use. The City Official receiving complimentary tickets shall not transfer a ticket to any other person, except to members of the City Official's immediate family or no more than one guest solely for their attendance at the Event. 2) The public and governmental purpose of providing the complimentary tickets to City Officials for an Event is to enable them to advertise and promote the City of Temecula, to monitor and evaluate the City Venues and the quality of performances and to monitor and evaluate the value of the City -Sponsored Event to the City and their compliance with City policies, agreements and other requirements. 3) City Officials may purchase at face value additional tickets to performances at the City Venues or to the City Sponsored Event, but no more than two complimentary tickets or passes will be provided as described in this Section. 1 4) If complimentary tickets are provided to a City Official for an Event at which the City Official performs a ceremonial role, the ticket is not a gift but shall be reported as provided in this Policy. B. The City Manager may distribute two (2) complimentary tickets for a performance at a City Venue or a City Sponsored Event or other Event to a City Employee on an equitable basis. The tickets shall be used by the City Employee, the City Employee's immediate family or no more than one guest solely for their personal use. 1) The City Employee receiving the complimentary tickets shall not transfer the complimentary tickets, except to members of the City Employee's immediate family or no more than one guest solely for their attendance at the Event. 2) The purpose of providing the complimentary tickets to a City Employee is to enable the employee to advertise and promote the City of Temecula, to monitor and evaluate the City Venues and the quality of performances, evaluate the value of the City -Sponsored Event to the City and its compliance with City policies, agreements and other requirements, and to enhance employee morale. C. The City Manager may distribute complimentary tickets for an Event to non-profit community service groups who have received or are eligible for Community Service funding from the City. D. The City Manager may distribute complimentary tickets for an Event to persons participating in recreational, educational or cultural programs administered by the City or for other lawful purposes; provided, however, that complimentary tickets shall only be distributed to City Officials and City employees, their immediate family or no more than one guest in accordance with this Policy. E. Complimentary tickets to Events shall be distributed to City Officials and City Employees under procedures designated by the City Manager, provided the manner of distribution conforms to this Policy and can be documented and reported as required by this Policy. F. Any complimentary tickets for City Venues which are not distributed under this Policy may be sold by the City to the public. G. Complimentary tickets distributed to those persons described in this Policy shall not be transferred except as provided in this Policy and shall not be sold. H. If the public purpose cited for the use of tickets involves the oversight or inspection of facilities, the City Official or City Employee must document the public purpose by submitting a written inspection report of findings and recommendations to be provided to the City Clerk. 1. The disproportionate use of tickets or passes by a City Official, City Manager, or a member of the Executive Staff is prohibited. J. The attendance of a City Employee at an Event for the purpose of carrying out the employee's job duties or for the purpose of providing services on behalf of the City for the Event, 2 shall not be deemed to be the distribution of a complimentary ticket and does not need to be reported as otherwise provided in this Policy. K. Except for the provisions outlined in this Policy, this Policy shall in no way restrict or prohibit the Staff at the Old Town Temecula Community Theater from issuing complimentary tickets in compliance with the normal and customary business practices associated with promoting theatrical events and concerts to the general public. The public and governmental purposes of providing these complimentary tickets is to promote and advertise the City of Temecula and, particularly the Old Town Temecula Community Theater, to the public and the entertainment community and to develop quality entertainment for the Theater. 3. Complimentary Tickets Under this Policy Not Subject to Gift Regulations; Other Benefits Could Be Gifts. A. The distribution of complimentary tickets pursuant to this Policy shall not constitute a "gift" to a City Official or City Employee pursuant to the terms of FPPC Regulation 18940; provided, however, that other benefits, such as food or beverage or other gifts provided to an official that are not part of the admission provided to all members of the public with the same class of ticket, will need to be accounted and reported for as gifts. B. If the City receives complimentary tickets that are earmarked for particular City Official or City Employee, then the tickets are considered gifts to that City Official or City Employee. If these tickets not returned or donated, unused, to the provider, or if the City Official or City Employee does not reimburse the donor the full value of a ticket, within thirty (30) days of receipt, then the official must comply with the applicable FPPC gift limit regulations and reporting regulations. 4. Reportiny- of Complimentary Tickets. The distribution of the tickets and the use of any passes pursuant to this Policy shall be documented by the preparation and certification of the Fair Political Practices Commission Form 802. Within thirty (30) calendar days of the distribution of a ticket or the use of a pass the City Clerk, or his or her designee, shall prepare and certify Form 802, forward the Form 802 to the FPPC for posting on the FPPC's website, maintain the Form 802 as a public record and post it on the City's Website. This Policy shall be posted on the City website in a prominent fashion. 5. Complimentary Tickets to Political, Non -Profit and 501(c)(3) Organization Fundraisers. The reporting requirements f'or complimentary tickets to political, non-profit and 501(c)(3) organization fundraising events are governed by FPPC Regulation 18946.4 and the City has no jurisdiction to modify the reporting requirements. These complimentary tickets are referenced in this Policy as a convenience to persons seeking information concern distribution of complimentary tickets. A. Pursuant to FPPC Regulation 18946.4, all complimentary tickets provided directly to a City Official or City Employee to political, non-profit or 501(c)(3) organization fundraising events are reportable as gifts on an official's Economic Disclosure Form 700 and are subject to the annual gift limit set forth in FPPC Regulation 18940.2 unless one of the following narrow exceptions applies: • A City Official or City Employee may receive two complimentary tickets from a 501(c)(3) charitable organization to its fundraising event that shall be deemed to have no value. The official must make sure that the charity is a valid Internal Revenue Service 501(c)(3) organization because not all "non-profit organizations" are 501(c)(3) organizations. Also, additional complimentary tickets or admissions by invitations, or a gift of a ticket or tickets to a 501(c)(3) charitable organization's fundraising event to a City Official or City Employee from a third party other than the 501(c)(3) charitable organization, are gifts to the City Official or City Employee subject to the gift limit and reportable on Form 700. • A City Official or City Employee may receive two complimentary tickets to a political fundraising event for a political committee as defined in Government Code Section 82013(a), or a comparable committee regulated under federal law or the laws of another state holding an event in California, that shall be deemed to have no value. Also, additional complimentary tickets or admissions by invitations, or a gift of a ticket or tickets to a political committee or candidate's fundraising event to an official from a third party other than the committee or candidate sponsoring it, are gifts to the official subject to the gift limit and reportable on Form 700. B. FPPC Regulation 18946.4 contains detailed regulations concerning the calculation of the value of tickets to political and non-profit fundraisers when such tickets must be reported. C. Complimentary tickets to a fundraising event for non-profit organizations donated to the City without designation of who should attend will be distributed as otherwise provided in this Policy. 6. Effective Date. This Policy shall be effective on the effective date of Resolution No. 19-72. This Complimentary Ticket Policy was approved by Resolution No. 19-72 of the City Council on December 10, 2019. 47- Rand Jo , City Clerk 4 POLICY NO. 12 USE OF SYSTEMS, ELECTRONIC COMMUNICATIONS AND TECHNOLOGY RESOURCES CITY OF TEMECULA CITY COUNCIL POLICY Aft At cow,( '1 The Heart of Southern Califarnia Wine Country Title: Use of Systems, Electronic Communications and Technology Resources Policy No. 12 Approved: October 24, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to set forth certain expectations for the use of City systems, electronic communications and/or technology resources, regardless of whether the electronic communications and/or technology resources are owned or maintained by the City, to conduct City business. In utilizing systems, electronic communications and/or technology resources, all users are expected to share the obligation of safeguarding and maintaining the City's information and adhering to the relevant policy. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is attached as Exhibit A. EXHIBIT A POLICY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA INFORMATION TECHNOLOGY & SUPPORT SERVICES DEPARTMENT MEMORANDUM Aaron Adams, City Manager Michael K Heslin, Director of ITSS44*'0'?k June 13, 2023 Policy Update Approval — User Technology Resources Policy The attached User Technology Resources Policy is an update to the previously approved Employee Technology Resources Policy on October 30, 2023. The User Technology Resources Policy includes all definitions of communications (including email and text messaging) and Appropriate Use of Electronic Mail, Retention, and Responsibility of City Officials/Employees. City Attorney's Office has revised this policy to combine all facets of users and technology use into this policy where applicable. This update now combines employees, elected officials and other consultants into one policy and addresses use of personal technology. Attached is the updated User Technology Resources Policy dated June 13, 2023, that will supersede all other Employee Technology Resources Policies. Attached is the marked -up version for your reference. Please call me with any questions you may have. Thank you Rlmemos CITY OF TEMECULA INFORMATION TECHNOLOGY & SUPPORT SERVICES USER TECHNOLOGY RESOURCES POLICY DATE: June 13, 2023 DEPARTMENT APPROVAL: 6 i 3 Z D L3 Departm t ❑ire r ignature l are CI TY MANAGER APPROVAL City Manager Signature Date PURPOSE: All Users who access City systems or use any Electronic Communications or Technology Resources, regardless of whether the Electronic Communications or Technology Resources are owned or maintained by the City, to conduct City Business are expected to share the obligation for safeguarding and maintaining the City's information, as outlined in the following policy. If a User needs clarification on any of the terms of this Policy, the User should contact the ITSS Department. SCOPE: This Policy applies to all Users including those Users affiliated with third parties who access City Technology Resources or Electronic Communications or use any personal or commercial Technology Resources or create Electronic Communications to conduct City Business. User Technology Resources Policy Page 1 of 21 Table of Contents 1 Confidentiality. __.......... .......... ..................... ,.............. ............. ............................. ..................... ................ ... ..4 2 Definitions ................ ....,............... ............................. ..-.-..-..----------.-....... ....... ...... ..-.-.................. 4 2.1 "User" means all City employees, elected and appointed City officials, members of City commissions and advisory boards, and City consultants and other non -employees utilizing Electronic Communications or Technology Resources for the purpose of conducting City Business, regardless of the User's location when accessing any Electronic Communications or Technology Resource................................................................... 4 2.2 "City" shall mean any entity controlled by the City Council, including but not limited to Temecula Community Services District, Public Financing Authority, Temecula Housing Authority or Successor Agency to the Temecula Redevelopment Agency................................................................................................................. 4 2.3 "City Business" is broadly defined to mean those activities or other business, related to the City and its jurisdiction, functions, programs, operations, regulations or regulatory activities, or events relating to the City, or that contain information used by its officials, employees and consultants for the accomplishment of City -related tasks, or are related to the operation of the City, with the exception of limited incidental uses as described in Section4.2............................................................................................................................................................. 4 2.4 "Electronic Communications" includes emails, text messages, voicemails, social media and blog posts, and any other electronic communications, including those developed or implemented in the future, transmitting or maintaining messages, documents, images or other writings via Technology Resources ............................... 4 2.5 "Public Records" include any "writing" (as broadly defined below) containing information relating to the conduct of the City's business that is prepared, owned, used, or retained by the City, regardless of the physical form and characteristics. Public Records specifically include any recorded and retained communications regarding City Business sent or received by a User through commercial or personal Technology Resources or other Technology Resources not owned by the City or connected to a City computer network. Public Records do not have to be written but may be in another format that contains information such as computer tape or disc, video or audio recording, or email or text message. Public Records are further defined in Section 4.2.2.............. 4 2.6 "Public Records Request" is a request for Public Records made under the Public Records Act or subpoena duces tecum or discovery request addressed to the City or a User ..................................................... 4 2.7 "Technology Resources" includes all electronic media and storage devices, software, and means of electronic communication including any of the following: personal computers and workstations; laptop computers; mini and mainframe computers; tablets; computer hardware such as disk drives, tape drives, external hard drives and flash/thumb drives; peripheral equipment such as printers, modems, fax machines, and copiers; computer software applications and associated files and data, including software that grants access to external services, such as the Internet or cloud storage accounts; electronic mail (or email); telephones; mobile phones; smart phones; personal organizers and other handheld devices; and instant messaging and text systems. Technology Resources is also intended to broadly include new or emerging devices, technology, software and means of communications that may be developed or implemented in the future .............................. 4 3 Introduction........................................................................................................................................................... 5 4 Conditions of Use of City Technology Resources................................................................................................ 5 4.1 Code of Conduct in the Use of City Technology Resources................................................................6........ 6 4.1.1 Introduction............................................................................................................................................ 6 4.1.2 Responsibilities....................................................................................................................................7 4.1.3 Inappropriate Activities........................................................................................................................... 8 4.2 Appropriate Use of Electronic Communications...................:.................................,................................... 11 4.2.1 Introduction.......................................................................................................................................... 12 4.2.2 Scope................................................................................................................................................... 12 4.2.3 Appropriate Use and Responsibility of Users...................................................................................... 12 4.2.4 Confidentiality and Security................................................................................................................. 14 4.3 Password Requirements............................................................................................................................ 15 4.3.1 Password Standards............................................................................................................................ 16 4.4 Appropriate Use of City Technology Resources......................................................................................... 16 4.4.1 Public Representations........................................................................................................................ 17 4.4.2 Users must not publicly disclose City internal information via the City Technology Resources that may adversely affect City relations or public image. Care must be taken to properly structure comments and questions posted to mailing lists, public news groups, and related public postings . ....................................... 17 User Technology Resources Policy Page 2 of 21 4.4.3 Downloading..................................................................................................................................... 17 4.4.4 Contacts.............................................................................................................................................17 4.4.5 Information Security............................................................................................................................. 17 4.5 Software Security........................................................................................................................................ 17 4.6 Security.......................................................................................................................................................17 4.6.1 Right to Examine.................................................................................................................................. 17 4.6.2 Privacy............................................................................................................................................... 17 4.7 Reporting Security Problems...................................................................................................................... 18 4.8 Hardware Security...................................................................................................................................... 18 5 Appropriate Use of Specific City Technology Resources: City -Issued Cellular Phones and Radios ................ 18 5.1 Introduction......................................................................................................................................... 18 5.2 Appropriate Use and Responsibility of Users............................................................................................ 19 5.3 Inappropriate Use...................................................................................................................................... 19 6 Proximity Keys.................................................................................................................................................... 20 7 Technology Resource Check Out .............................. :...................................................................................... 20 8 Employee Computer Purchase Program ....... ......... -......................................................................................... 20 The City has incorporated a program that allows employees to borrow, at no interest, up to $2,000 to purchase personal computer/supplies with a loan repayment up to 24-months. This program is available for full-time and part-time City employees. For more information, please visit SharePoint or the ITSS Department ...................... 20 9 User Use of Technology Resources Not Owned and/or Controlled by City .................................................... 20 User Technology Resources Policy Page 3 of 21 Confidentiality Material contained in this document is property of the City of Temecula. This document should not be disclosed outside of the City without specific approval from the ITSS Director, and should not be duplicated, used or disclosed for any purpose other than that for which it was intended. 2 Definitions 2.1 "User" means all City employees, elected and appointed City officials, members of City commissions and advisory boards, and City consultants and other non -employees utilizing Electronic Communications or Technology Resources for the purpose of conducting City Business, regardless of the User's location when accessing any Electronic Communications or Technology Resource. 2.2 "City" shall mean any entity controlled by the City Council, including but not limited to Temecula Community Services District, Public Financing Authority, Temecula Housing Authority or Successor Agency to the Temecula Redevelopment Agency. 2.3 "City Business" is broadly defined to mean those activities or other business, related to the City and its jurisdiction, functions, programs, operations, regulations or regulatory activities, or events relating to the City, or that contain information used by its officials, employees and consultants for the accomplishment of City -related tasks, or are related to the operation of the City, with the exception of limited incidental uses as described in Section 4.2. 2.4 "Electronic Communications" includes emails, text messages, voicemails, social media and blog posts, and any other electronic communications, including those developed or implemented in the future, transmitting or maintaining messages, documents, images or other writings via Technology Resources. 2.5 "Public Records" include any "writing" (as broadly defined below) containing information relating to the conduct of the City's business that is prepared, owned, used, or retained by the City, regardless of the physical form and characteristics. Public Records specifically include any recorded and retained communications regarding City Business sent or received by a User through commercial or personal Technology Resources or other Technology Resources not owned by the City or connected to a City computer network. Public Records do not have to be written but may be in another format that contains information such as computer tape or disc, video or audio recording, or email or text message. Public Records are further defined in Section 4.2.2. 2.6 "Public Records Request" is a request for Public Records made under the Public Records Act or subpoena duces tecum or discovery request addressed to the City or a User. 2.7 "Technology Resources" includes all electronic media and storage devices, software, and means of electronic communication including any of the following: personal computers and workstations; laptop computers; mini and mainframe computers; tablets; computer hardware such as disk drives, tape drives, external hard drives and flash/thumb drives; peripheral equipment such as printers, modems, fax machines, and copiers; computer software applications and associated files and data, including software that grants access to external services, such as the Internet or cloud storage accounts; electronic mail (or email); telephones; mobile phones; smart phones; personal organizers and other handheld devices; and instant messaging and text systems. Technology Resources is also intended to broadly include new or emerging devices, technology, software and User Technology Resources Policy Page 4 of 21 means of communications that may be developed or implemented in the future. 3 Introduction This Policy applies to all Users. Users are responsible for complying with this and all other City policies defining computer and network security measures. It is City Policy that all information created, stored, processed, transmitted or printed by or on behalf of the City is and shall remain City property. All Users who access or make decisions affecting City information play a role in protecting that information. Accordingly, it is expected that all Users share the obligation to safeguard and maintain the City's information. All Users are expected to protect the information assets with which they have been entrusted from unauthorized, deliberate, or accidental: • Access, • Use, • Modification, • Destruction, • Disclosure, or • Possession. This document defines City standards and guidelines for the protection of the availability, integrity and confidentiality of the City's Technology Resources and any Electronic Communications stored or transmitted in the furtherance of City Business, regardless of whether on City Technology Resources or other Technology Resources. 4 Conditions of Use of City Technology Resources All Users utilizing City Technology Resources must respect the integrity of all security controls and abide by all implemented security measures, as well as adhere to all end -user license and contractual agreements associated with City Technology Resources. 1. The City reserves the right to limit permanently or restrict any User's usage of the City Technology Resources. The City reserves the rights to copy, remove or otherwise alter any information or system that may undermine the authorized use of the City Technology Resources. The City may do so with or without notice to the User in order to protect the integrity of the City Technology Resources against unauthorized or improper use, and to protect authorized Users from the effects of unauthorized or improper usage. 2. The City, through authorized individuals or entities, reserves the right periodically to check and monitor City Technology Resources, and reserves any and all other rights necessary to protect them. 3. The City disclaims responsibility and will not be responsible for loss or disclosure of User information or interference with User information resulting from its efforts to maintain the privacy, security and integrity of City Technology Resources and information. User Technology Resources Policy Page 5 of 21 4. The City reserves the right to take emergency action to safeguard the integrity and security of City Technology Resources and information. This includes, but is not limited to, termination of a program, job, or on- line session, or temporary alteration of User account names and passwords. The taking of emergency action does not waive the rights of the City to take additional actions under this Policy. 5. Users utilizing City Technology Resources do so subject to applicable laws and City policies. The City disclaims any responsibility and/or warranties for information and materials residing on non -company computer systems or available over publicly accessible networks, except where such responsibility is formally expressed. Such materials do not necessarily reflect the attitudes, opinions or values of the City or its employees. 6. A Department Director may recommend disciplinary action if after appropriate investigation an employee is found to be in willful violation of any City Policy. Other Users may lose access to City Technology Resources. Acts that may lead to discipline or loss of access include, but are not limited to: • Willful physical damage to any City Technology Resources; • Obtaining confidential information improperly; • Deliberate destruction of information; • Intentional interruption of normal services provided by the City Technology Resources; • Infringement of any patent or the breach of any copyright; • Gaining or attempting to gain unauthorized access to accounts and passwords; • Gaining or attempting to gain access to restricted areas without the permission of the appropriate authority; or • Inappropriate use of City Technology Resources. 4.1 Code of Conduct in the Use of City Technology Resources 4.1.1 Introduction It is City Policy that all Users who use, have access to, or are responsible for any City Technology Resources must recognize and comply with City's "Code of Conduct." Employees violating this Code of Conduct may be subject to disciplinary action, up to and including termination of employment, and legal action. All Users who violate this Code of Conduct may lose access to City Technology Resources. Standards for the use of City Technology Resources derive directly from standards of common sense and common decency that apply to the use of any shared resource. The City depends on a spirit of mutual respect and cooperation to resolve differences and resolve problems that arise from time to time. This Code of Conduct is published in that spirit. Its purpose is to specify User responsibilities and to promote the appropriate use of City Technology Resources for the protection of the City. User Technology Resources Policy Page 6 of 21 4.1.2 Responsibilities All Users who access or make decisions affecting City information play a role in protecting that information. Accordingly, all users of any City Technology Resources must accept specific responsibilities for the security and confidentiality of the City's information. The following description of City network drives will better organize your documents and minimize the opportunity for losing files. • `V' Drive: This is your 'my documents' directory -for draft documents or confidential information. No other User is able to access this directory • 'P' Drive: This is a Global Directory used for quick transfer of non - confidential files. All network Users have access and may copy, delete, and modify all files. Due to this, it is recommended that you use this directory with caution. ITSS will not restore documents lost or deleted from this directory. • 'R' Drive: This is your department directory. Only members of your department have access to this directory. It is recommended that files that are shared by others within your department be stored here. • 'C' Drive: This is your local hard drive on your desktop. City policy requires all data to be stored on the above network drives. Local hard drives are not backed up and will not be recovered in the event of data loss. 4.1.2.1 Disclosure and Disclaimer Statement 4.1.2.2 Security All intellectual and proprietary property rights, including copyrights and rights to service marks and trademarks, as to any and all text, material, images and/or content appearing on or accessible through the City websites, belong to their respective owners. Notwithstanding the foregoing, the City owns all intellectual and proprietary property rights, including copyrights and rights to service marks and trademarks, as to the City Seal, all City logos, symbols, emblems, and any and all other images, designs, content and materials created by or on behalf of the City that appear on or are accessible through the City websites. Any use of any of the City -owned materials, images or other content accessible through, or appearing or stored on the City Technology Resources or City's websites is prohibited without the written permission of the City Manager. The following acts or activities are prohibited without prior, written permission from the City Manager: 1) modification and/or re -use of text, images or other content from a City server; 2) distribution of the City's web content; or 3) "mirroring" of the City's information, materials or data on a non - City server. City Policy uses access controls and other security measures to protect the confidentiality, integrity and availability of the information handled by City Technology Resources. All Users are responsible to insure the security of City Technology Resources by implementing procedures to: • Safeguard their data, personal information, passwords and authorization codes, and confidential data; User Technology Resources Policy Page 7 of 21 4.1.2.3 Confidentiality ■ Take full advantage of file security mechanisms built into the City Technology Resources; • Choose their passwords wisely and to change them as required; and • Follow the security policies and procedures established to control access to administrative data. All Users using City Technology Resources must comply with all City Policies for the maintenance of confidentiality. 1. Users have an obligation to respect the privacy of other individuals and refrain from: • Intentionally seeking information on, obtaining copies of, or modifying files, tapes, or passwords belonging to other individuals or to the City; • Representing others, unless authorized to do so explicitly by those individuals; or • Divulging sensitive personal data to which they have access concerning staff, customers, vendors or other individuals without explicit authorization to do so. 2. Users are responsible for reporting any information concerning instances in which City Policies or any City standards or Codes of Conduct has been or are being violated. In general, reports about violations should be directed initially to the ITSS Director and/or Human Resource Director. 3. Printers used to produce confidential information should be monitored while printing. 4. Confidential files must be overwritten on fixed disks, tapes, or cartridges. 4.1.3 Inappropriate Activities 4.1.3.1 Illegal Activity All information stored and processed on City Technology Resources and networks is City property and subject to inspection without notice. Non- compliance with City Policy on restricted activities will not be tolerated. Violating employees are subject to disciplinary action, up to and including termination of employment, and all Users, including employees, are subject to loss of access to City Technology Resources and/or legal action. The following are intended to illustrate some examples of unacceptable actions rather than to exhaustively list every specific behavior that may violate the City Policies. Accordingly, disciplinary or other legal action may occur after other actions if the circumstances so warrant. Users are specifically prohibited from accessing, downloading, storing, printing or disseminating anything using City Technology Resources that is considered inappropriate, offensive, illegal, disrespectful to others, or that could instigate legal conflicts, or otherwise harm the City. User Technology Resources Policy Page 8 of 21 4.1.3.2 Objectionable Material The City's Technology Resources must not be used for the transmission, obtaining possession, demonstration, advertisement or requesting the transmission of objectionable material including, but not limited to: • Pornography; • An article or image that promotes hate, crime or violence, or incites or instructs in matters of hate, crime or violence; or • An article or image that describes or depicts any material, in a manner that is likely to cause offense to a reasonable adult. 4.1.3.3 Restricted Material City Technology Resources must not be used to transmit or make available restricted material to a minor. City Policy defines restricted material as an article that a reasonable adult —by reason of the nature of the article, or the nature or extent of references in the article —would find offensive as to matters of sex, race, ancestry or native origin, drug misuse or addiction, crime, cruelty, violence would regard as unsuitable for a minor to see, read or hear. Users should be aware that there are severe penalties for such activities. The police or a person authorized for the purposes under state or federal law may without a warrant, at any reasonable time, enter any place where the operating of a Technology Resource is carried on and inspect any articles and records kept on the premises and may seize anything that the member reasonably suspects is connected with an offense that is found on or in the place. In addition, there are penalties for delaying, obstructing or otherwise hindering the police or authorized person in the performance of their functions and for giving false or misleading statements, which are misleading through the omission of information. 4.1.3.4 Restricted Activities The City prohibits use of City Technology Resources for the conduct of a business enterprise, participation in activities for profit purposes, or involvement in activities contrary to the spirit of City Policies including, but not limited to: • Gambling or performing an act of playing for stakes, involving a monetary wager, in the hope of winning (including the payment of a price for a chance to win a prize); including, but not limited to sports betting, poker, blackjack, and casino wagering; or • Day Trading or involvement in any act involving a monetary wager to broker or act as agent in the buying and selling of stocks and bonds. 4.1.3.5 Restricted Hardware and Software It is illegal, unethical and contrary to City Policy to use City Technology Resources to generate viruses, worms or any malicious devices to contaminate other Technology Resources. Users should not knowingly possess, give to another person, install on any of the City Technology Resources, or run, programs or other information, which could result in the violation of the City Policy or the violation of any applicable license or contract User Technology Resources Policy Page 9 of 21 The unauthorized physical connection of monitoring devices to City Technology Resources, which could result in the violation of City Policy or applicable licenses or contracts, is prohibited. 4.1.3.5.1 Copying and Copyrights 4.1.3.6 Harassment The City strongly supports strict adherence to software vendors' license agreements and copyright holders' notices. In particular, Users should be aware of and abide by City Policies on copying and using computer software. Most software that resides on the City Technology Resources is owned by the City or by third parties, and is protected by copyright and other laws, together with licenses and other contractual agreements. Users are required to respect and abide by the terms and conditions of software use and redistribution licenses. Such restrictions may include prohibitions against copying programs or data for use on the City Technology Resources or for distribution outside the City; against the resale of data or programs, or the use of them for non -City purposes or for financial gain; and against public disclosure of information about programs without the owner's authorization. Users who develop new packages that include components subject to use, copying, or redistribution restrictions have the responsibility to make any such restrictions known to the users of those packages. City policy prohibits sexual and discriminatory harassment. City Technology Resources are not to be used to libel, defame, or harass any other person. Computer harassment is exemplified by, but not limited to: • Intentionally using a City Technology Resource to annoy, harass, terrify, intimidate, threaten, offend or bother another person by conveying obscene language, pictures, or other materials or threats of bodily harm to the recipient or the recipient's immediate family; • Intentionally using any City Technology Resource to contact another person repeatedly with the intent to annoy, harass, or bother, regardless of whether any actual message is communicated, and/or where no purpose of legitimate communication exists, and where the recipient has expressed a desire for the communication to cease; • Intentionally using any City Technology Resource to contact another person repeatedly regarding a matter for which one does not have a legal right to communicate, once the recipient has provided reasonable notice that he or she desires such communication to cease (such as debt collection); or • Intentionally using any City Technology Resource to invade the privacy, academic or otherwise, of another or the threatened invasion of the privacy of another. The display of offensive material in any publicly accessible area is likely to violate City harassment policies. There are materials available on the Internet and elsewhere that some members of the City will find offensive. One example is sexually explicit graphics. The City can restrict the availability of such material if it considers its display in a publicly accessible area to be inappropriate. Public display includes, but is not limited to, publicly accessible computer screens and printers. User Technology Resources Policy Page 10 of 21 4.1.3.7 Wasting Technology Resources 4.1.3.8 Game Playing 4.1.3.9 Commercial Use One role of ITSS is to educate Users about proper usage of City Technology Resources. Every effort will be made to help Users understand how to use City Technology Resources properly. It is inappropriate to deliberately perform any act that will impair the operation of any part of the City Technology Resources or deny access by legitimate Users to any part of them. This includes, but is not limited to, wasting resources, tampering with components or reducing the operational readiness of the City Technology Resources. Wastefulness includes, but is not limited to, passing chain letters, willful generation of large volumes of unnecessary printed output or disk space, willful creation of unnecessary multiple jobs or processes, or willful creation of heavy network traffic. In particular, the practice of willfully using City Technology Resources for the establishment of frivolous and unnecessary chains of communication is an inappropriate waste of resources. The sending of random mailings (for example, "junk mail") is not permitted. It is poor etiquette at best, and potentially harassment, to send unwanted mail messages to strangers deliberately. Recipients who find junk mail objectionable should mark as junk or delete. If the junk mail continues, the recipient should contact ITSS helpdesk. The City Technology Resources are not to be used for recreational or competitive game playing. The intention of this policy is to prohibit game playing with programs and other software that may adversely impact others, violate other provisions of this Policy or damage City ability to process City Business transactions promptly. City Technology Resources are provided for the support of the City's mission. Except where expressly permitted, it is inappropriate to use City Technology Resources for: 1. Commercial gain or placing a third party in a position of commercial advantage; 2. Any non -City related activity, including non -company related communications; and 3. Commercial advertising or sponsorship except where such advertising or sponsorship is clearly related to or supports the City's mission or the service being provided. 4.1.3.10 Use for Personal Business City Technology Resources may not be used in connection with compensated outside work or for the benefit of organizations not related to the City, except where expressly permitted. 4.2 Appropriate Use of Electronic Communications City Technology Resources are limited to use for City Business. All Electronic Communications transmitted over or by means of any City Technology Resource shall be limited to those which involve City functions, activities or User Technology Resources Policy Page 11 of 21 4.2.1 Introduction 4.2.2 Scope other business, or that contain information essential to its officials, employees and consultants for the accomplishment of City -related tasks. Electronic Communications access, including Internet and Intranet access, is provided to authorized Users as a communication tool for appropriate internal and external City Business. Implementation of this Policy and its directives are essential to protecting vital City resources and interests. Accordingly, City Policies including, but not limited to, those addressing copyright, confidentiality, harassment and compliance with equal employment laws; applicable federal, state and local laws; and the corporate code of conduct govern use of any Electronic Communications access. All Users who use Electronic Communications are expected to conduct their use with the same integrity as in face-to-face or telephonic business operations. Any use perceived to be illegal, harassing, and offensive or in violation of other City Policies may be the basis for disciplinary action up to and including termination for employees and/or loss of use or legal action for all Users. This Policy applies to all Users. Users must be aware of the following restrictions that have been placed on use of Electronic Communications: Electronic Communications on City Technology Resources are intended for City -related business purposes with other limited incidental uses. All Electronic Communications on city Technology Resources are the property of the City, just as are hard copies of City records. The City reserves the right to retrieve and make proper and lawful use and/or disclosure of any and all Electronic Communications transmitted through any City Technology Resource. • Electronic Communications determined to be Public Records shall be retained in electronic folders or, as described above, in hard copy. Such Electronic Communications shall be retained for the period described in the City's Records Retention Schedule or expiration of a Litigation Hold or resolution of a Public Records Act Request. 4.2.3 Appropriate Use and Responsibility of Users City guidelines and standards for appropriate and responsible use of Electronic Communications are derived directly from the same standards of common sense and decency that apply to the use of any City Technology Resource. All usage inconsistent with these objectives is considered inappropriate use. All Users must recognize and comply with standards and guidelines for the appropriate use of Electronic Communications. 1. No Electronic Communications should be unethical, be perceived to be a conflict of interest with the City's interests, or be inconsistent with City Policies. User Technology Resources Policy Page 12 of 21 2. Users must take particular care not to disseminate confidential City information or personal information to unauthorized users. Users should refrain from leaving messages containing confidential or personal information on answering machines or voice -mail systems. 3. Electronic Communications must be able to withstand scrutiny without causing embarrassment to the City, its employees or citizens. Because Electronic Communications deleted by a User may still be present, either in another person's mailbox, or on a file server or back-up file of a User. Care must be taken to ensure the accuracy and professionalism of all Electronic Communications. 4. Users must not send messages prohibited or restricted by government security laws or regulations. Emailing copies of documents in violation of copyright laws or licensing agreements is also prohibited. 5. Users should consider Electronic Communications to be the electronic equivalent of a postcard. Users must recognize their responsibility for the content, dissemination and management of the messages they send. Electronic Communications should: • Be courteous and polite; • Be consistent with City standards of conduct; • Protect others' right to privacy and confidentiality; and • Contain an accurate, appropriate and informative signature. 6. Users should secure access to their email and voice mailboxes through the use of passwords and other security devices and should not leave the system on and available to unauthorized users. 7. Users may not reveal any confidential internal email names and passwords of the City's email or voicemail users to anyone including other Users or people who request such information over the telephone and seem to have a legitimate reason for asking. All such requests must be referred to the Records Department. 8. City policy prohibits use of profanity, obscenities, or derogatory remarks in Electronic Communications referencing other individuals. Such remarks, even when made in jest, may create legal problems. 9. Users are prohibited from sending or forwarding any Electronic Communications that a reasonable person would consider to be defamatory, harassing or explicitly sexual. Users are also prohibited from sending or forwarding Electronic Communications via City Technology Resources that would be likely to offend on the basis of race, gender, national origin, sexual orientation, religion, political beliefs, disability or other protected characteristics. 10. Users must not use an Electronic Communication account assigned to another individual either to send or receive messages. If there is need to access another's Electronic Communications, such as while the other person is out ill, message forwarding and other resources must instead be used. Contact ITSS Director and/or Human Resource Director to arrange such access. User Technology Resources Policy Page 13 of 21 11. Users must not disclose credit card numbers, passwords, research and development information, and other sensitive data via any Electronic Communication. 12. Users must not unnecessarily or frivolously overload the Electronic Communications system including, but not limited to, spamming and junk mailing. 13. City Electronic Communications may not be used for commercial purposes unless authorized by City Manager in writing in advance. 14. Internal telephone books must not be distributed to third parties without specific authorization of a Department Manager. 4.2.4 Confidentiality and Security Users should be aware that Electronic Communications are not a confidential means of communication. The City cannot guarantee that Electronic Communications will be private. Users should be aware that Electronic Communications could, depending on the technology, be forwarded, intercepted, printed, and stored by others. Users should also be aware that, once Electronic Communications are transmitted, they might be altered. Deleting an Electronic Communication from an individual workstation will not eliminate it from the various systems it has been transmitted across. Therefore, Users should have no personal expectation that their Electronic Communications using City Technology Resources are private. The City reserves the right to review all Electronic Communications stored or transmitted on City Technology Resources. Although, the City does not intend to monitor the contents of Electronic Communications routinely, Users should expect that System Administrators with or without the permission of the User might access Electronic Communications. However, no other individuals may monitor or access Electronic Communications of another User unless proxy rights have been delegated by the System Administrators and approved by ITSS Director and/or Human Resource Director. All Users must accept and abide by management directives to ensure information security, including, but not limited to: Users must verify the integrity of their password and abide by City Policy on password security (see section on Password Requirements); • Users are prohibited from sending confidential material through any Electronic Communications system unless it is marked confidential or otherwise protected; • Users must take extreme care that confidential information be redirected only where there is a need and with the permission of the originator, where possible; • Users should recognize that Electronic Communications can be forged. Therefore, if an Electronic Communication is suspect, Users must verify its authenticity via telephone, or personally; and • It is recommended that personal confidential material not be stored on or sent through Electronic Communications using City Technology Resources. User Technology Resources Policy Page 14 of 21 Unauthorized access of Electronic Communications is a violation of the City Policy and grounds for potential employee discipline or other repercussions for both employees and other Users. 4.3 Password Requirements It is City policy that information must be protected in a manner commensurate with its sensitivity, value and criticality. To ensure the security of the City Technology Resources, all authorized users must be uniquely identified and authenticated before being granted access to Electronic Communications. User identification and authentication will be authorized through the use of User identification (User ID) unique to each User. To insure the security of the City Technology Resources, such access must be authorized, logged and periodically reviewed. Identification Password Management Passwords are a primary defense mechanism on many City Technology Resources. Careful selection of passwords improves security. Users are responsible for the robustness and maintenance of their own passwords. Accordingly, the following standards for password use shall apply: • Passwords must be used where possible; • Passwords and User IDs must be unique to each authorized User and must never be shared with anyone else; • Passwords must not be easily associated with a particular User; ■ Passwords must be memorized and never written down with other account information such as an account name; • Passwords must not be stored in readable form in batch files, automatic log -in scripts, software macros, terminal function keys, in City Technology Resources without access control, or in other locations where unauthorized persons might discover them; • Passwords must be changed every 90 days, or immediately if compromised or suspected of compromise; • To prevent the compromise of multiple systems, Users must employ different passwords on each of the systems to which they have been granted access; • The display and printing of passwords must be masked, suppressed, or otherwise obscured so that unauthorized parties will not be able to observe or subsequently recover them; • Passwords must consist of a minimum of eight alphanumeric characters one of which is upper case and a special character. • Any User who suspects that a password has been compromised must report it to ITSS immediately through the IT Help Desk. City management reserves the right to revoke the privileges of any User at any time. Conduct that interferes with the normal and proper operation of City Technology Resources, which adversely affects the ability of others to use User Technology Resources Policy Page 15 of 21 these City Technology Resources, or which is harmful or offensive to others, will not be permitted. 4.3.1 Password Standards The following are standards for password construction: • Passwords must never be related to a User's job or personal life. Details such as spouse's name, license plate, social security number, and birthday must not be used unless accompanied by additional unrelated characters; • Passwords must not be the same as User IDs or given name; • Users must not construct passwords that are identical or substantially similar to passwords that Users had previously employed; • Must never use the default password for any software or hardware product; • "Blank" passwords are prohibited; • Passwords must never be derived from User's association with the City of Temecula; and • Passwords must never consist of a word from a dictionary. Most basic cracking programs contain over 120,000 words, and plenty of variations. • Users are encouraged to have a password to include numbers and mixed case letters. 4.4 Appropriate Use of City Technology Resources City Technology Resources offer extensive capabilities, but also expose risks and threats. All Users are expected to be familiar with and to comply with this Policy. 1. City Technology Resources should not be used for personal purposes. Although incidental use of City Technology Resources for personal use is permissible, use of City Technology Resources for these types of activities consumes City Technology Resources and could potentially result in poor technology performance or even system failure. 2. Any use perceived to be illegal, harassing, offensive, in violation of other City Policies, or any other uses that would reflect adversely on the City can be the basis for disciplinary action up to and including termination for employees and other repercussions including legal action for all Users, including employees. Users are expected to conduct their use of City Technology Resources with the same integrity as in face-to-face or telephonic business operations. User Technology Resources Policy Page 16 of 21 4.4.1 Public Representations 4.4.2 Users must not publicly disclose City internal information via the City Technology Resources that may adversely affect City relations or public image. Care must be taken to properly structure comments and questions posted to social media, mailing lists, public news groups, and related public postings. 4.4.3 Downloading 4.4.4 Contacts Software should not be downloaded without approval of ITSS. All software used on City Technology Resources can only be installed by ITSS, following all licensing agreements and procedures. All software downloaded from non - City sources must be screened with virus detection software prior to being installed by ITSS and may require testing on a stand-alone (not networked), non -production machine. Contacts made over the Internet should not be trusted with City information unless reasonable steps have been taken to ensure the legitimacy of the contacts. This applies to the release of any City internal information. 4.4.5 Information Security 4.5 Software Security 4.6 Security 4.6.1 Right to Examine 4.6.2 Privacy Login passwords, User IDs and other parameters that can be used to gain access to City Technology Resources, is confidential information and must not be sent over any Technology Resource in readable form. This information must not be posted on electronic bulletin boards, listed in telephone directories, placed on business cards, or otherwise made available to third parties without the advance written permission of the ITSS Director. Telephone numbers, fax numbers, and email addresses of a User may be disclosed by the User. The City strongly supports strict adherence to software vendors' license agreements. Adherence to these agreements is subject to random audits by these vendors or the Software Publishers Association (SPA). When City Technology Resources are employed, copying of software in a manner that is not consistent with the vendor's license is strictly forbidden. Users must not use any externally provided software from a vendor other than those approved by ITSS. At any time and without prior notice, City management reserves the right to examine Electronic Communications including personal Electronic Communications, web browser cache files, web browser bookmarks, and other information stored on or passing through City Technology Resources. Such management access assures compliance with internal policies, assists with internal investigations, and assists with the management of City Technology Resources. Every attempt will be made to ensure that the User's privacy is respected. Users using City Technology Resources should realize that their communications are not automatically protected from viewing by third parties User Technology Resources Policy Page 17 of 21 Unless encryption is used, Users should not send information over the Internet if they consider it to be private. 4.7 Reporting Security Problems 4.8 Hardware Security It is the responsibility of all Users to report any known or suspected breach of security, such as passwords or other system access control mechanisms to the ITSS Department. The ITSS Director must be notified immediately when: 1. Sensitive or confidential City information is lost, disclosed to unauthorized parties, or suspected of being lost or disclosed to unauthorized parties; 2. Unauthorized use of City Technology Resources has taken place, or is suspected of taking place; 3. Passwords or other system access control mechanisms are lost, stolen, or disclosed, or are suspected of being lost, stolen, or disclosed; or 4. There is unusual system behavior such as missing files, frequent system crashes and misrouted messages, as these types of system behavior may be related to virus infections or other security problems and must be promptly reported and investigated. To ensure that computer systems are used in an effective and productive way, City Technology Resource hardware must be physically secured and the integrity of operating systems maintained. 1. On City Technology Resources, Users must never change operating system configurations, upgrade existing operating systems, or install new operating systems. If such changes are required Users should contact ITSS and ITSS administrators will perform them. 2. Users must not bring their own computers, computer peripherals, or computer software into City facilities without prior written authorization from their Department Head. Personal computers must be labeled clearly with the name of the owner. Desktop PCs, laptops, mobile devices, and City Technology Resources must not leave City offices unless authorized in writing by a department manager. Printers used to produce sensitive and confidential information should be monitored and sensitive files must be overwritten on fixed disks, tapes, or cartridges. 5 Appropriate Use of Specific City Technology Resources: City -Issued Cellular Phones and Radios Technology can significantly enhance local service delivery. Cellular telephones and radios are often practical and economical for safety services and emergency communications, and can enhance productivity. In all cases, the issuance of cellular phones or radios to Users is a privilege, not a right or an entitlement. Failure to abide by the procedures set forth in this Policy may result in the loss of use of the cellular phones or radios and in certain circumstances, may result in possible disciplinary action for employees. 5.1 Introduction User Technology Resources Policy Page 18 of 21 It is the intent of the City to provide each Department with effective communication devices, within the constraints of available resources. The City recognizes the need of City -owned cellular telephones and radios, and by this Policy establishes procedures for their authorization, deployment, and use in order to contain costs, ensure Departmental accountability, personal responsibility, and prevent improper use. It is important that each User assume personal responsibility for the prudent use of City -owned communication devices. 5.2 Appropriate Use and Responsibility of Users 5.3 Inappropriate Use City -owned cellular phones or radios are to be viewed as an asset provided to further assist Users in effectively completing their areas of responsibility for the City. The issuance of such communication equipment is also to be considered a vital resource in the event of an emergency. It is a goal, to ensure that City vehicles are configured with emergency (800 MHz) radios for two-way communications. Users are responsible for maintaining adequate physical protection of the communication equipment issued to them by the City. Users shall immediately notify their Department Head or designee, who in turn shall notify the ITSS Director, if any City -owned cellular phone or radio is damaged, lost or stolen. Cellular phone and radio logs are Public Records. Any communication equipment purchased by the City is owned by the City and must be returned to the City when the User separates from service or the need of such communication equipment no longer exists. No User shall record any telephone call, without the knowledge and consent of all parties to the call. The City reserves the right to terminate cellular service privileges of any User for any reason. City issued communication equipment are not considered a User's personal device. California law prohibits drivers from using a cellular phone while operating a vehicle without a hands -free device, e.g. wired headset (ear buds), speaker, or Bluetooth headset. It is City policy to comply with California law when using a City -owned cellular phone while operating in any vehicle. The ITSS Department provides wired headsets (ear buds) for all City -owned cellular phones. In order to further define inappropriate use, the following list is provided. Prohibited uses of cellular phones and radios include, but are not limited to: ■ Any illegal use or activity ■ Threats ■ Slander/Libel ■ Defamation ■ Obscene, suggestive or offensive messages or communications ■ Political endorsements or activities User Technology Resources Policy Page 19 of 21 6 Proximity Keys Internal entrance to City Hall areas is extended to employees by the City. Proximity keys are issued to all Regular, Part -Time, Temporary, Project Employees, and Interns. Interns' access will be automatically disabled every 30 days unless otherwise noted by related department manager. The City prohibits the sharing of proximity keys. Users are required to notify ITSS immediately if proximity keys or readers are lost, damaged or stolen. 7 Technology Resource Check Out The City understands the need occasionally to check out technology resources for work related issues. City Technology Resources such as: laptops, projectors and digital cameras are available for check out through the ITSS Department. Users in need of the equipment must have proper approval from department manager. A request in advance for the use of such City Technology Resource is necessary. If the City Technology Resource is available, Users must sign for receiving and return of any City Technology Resource on loan. Users are responsible for maintaining adequate physical protection of the City Technology Resource issued to them by the City. Users shall also immediately notify their department head or designee, who in turn shall notify the ITSS Director, if any City -owned communications equipment is damaged, lost or stolen. 8 Employee Computer Purchase Program The City has incorporated a program that allows employees to borrow, at no interest, up to $2,000 to purchase personal computer/supplies with a loan repayment up to 24-months. This program is available for full-time and part-time City employees. For more information, please visit SharePoint or the ITSS Department. 9 User Use of Technology Resources Not Owned and/or Controlled by City Users should not store Electronic Communications that involve City Business on any Technology Resources that are not owned, issued and/or controlled by the City. When Users are using Technology Resources that are not owned, issued and/or controlled by the City to conduct City Business, Users should be aware and must acknowledge and agree that any Electronic Communication that is stored or transmitted through such Technology Resource is considered a Public Record and is subject to the same terms as any Electronic Communication stored or transmitted on City Technology Resources. Should the City receive a Public Records Request, or otherwise require access to Electronic Communications related to City Business stored or transmitted on or by personal or commercial Technology Resources, the User shall provide access to such Electronic Communications immediately upon request of the City. Additionally, User shall not delete any Electronic Records related to City Business prior to the expiration of the period described in the City's Records Retention Schedule or expiration of a Litigation Hold or resolution of a Public Records Act Request. The City may require that a User execute an affidavit confirming that the User has thoroughly searched its personal or commercial Technology Resource and has provided all responsive Electronic Communications. User Technology Resources Policy Page 20 of 21 User Technology Resources Policy Page 21 of 21 POLICY NO. 13 STATE MANDATED TRAINING CITY OF TEMECULA CITY COUNCIL POLICY Aft At C�'( '1 The Heart of Southern Califarnia Wine Country Title: State Mandated Training Policy No. 13 Approved: October 24, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to outline the specific requirements of state mandated training for Council Members, specifically as it relates to AB 1234 and AB 1661. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is as follows: AB 1234 Mandatory Ethics Training Government Code Sections 53235 and 53235.1 state that, if a local agency provides compensation, salary, or a stipend to a member of a legislative body or reimbursement for expenses incurred by a member of a legislative body in the performance of official duties, then said local agency officials shall receive two- hour training in ethics. Training opportunities are available online and in -person through a variety of sources including the Attorney General, Fair Political Practices Commission, League of California Cities, Institute for Local Government and other agencies and municipal law firms. In the City of Temecula, ethics training is mandated for the City Council, boards and commissions and executive staff. The City Clerk's office oversees the completion of said training and maintains relevant records pursuant to law. AB 1661 Sexual Harassment Prevention Training and Education Government Code Sections 53237-53237.5 requires local agency officials, including Council Members, to receive two hours of sexual harassment prevention training and education within the first six months of taking office and every two years thereafter if the agency provides any type of compensation, salary, or stipend to those officials. Training opportunities are available online and in -person through a variety of sources including the Attorney General, Fair Political Practices Commission, League of California Cities, Institute for Local Government and other agencies and municipal law firms. In the City of Temecula, ethics training is mandated for the City Council, boards and commissions and executive staff. The City Clerk's office oversees the completion of said training and maintains relevant records pursuant to law. POLICY NO. 14 CONFLICT OF INTEREST LAWS CITY OF TEMECULA CITY COUNCIL POLICY Aft At C�'( '1 The Heart of Southern Califarnia Wine Country Title: Conflict of Interest Laws Policy No. 14 Approved: October 24, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to provide general guidance and raise awareness of potential conflicts of interest that may arise periodically in the course of public service by Council Members. Council Members are encouraged to seek legal advice from the City Attorney for specific issues that may arise. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is as follows: Conflict of Interest Laws The Political Reform Act, set forth in Government Code Sections 81000 to 91014, regulates conflicts of interest through (1) disclosure and (2) prohibition of participation in the decision -making process. The Act requires Council Members to annually disclose all financial interests that may be affected by decisions made in their official capacity. This includes investments, real property, and income. Council Members must also disqualify themselves from making and/or participating in making any governmental decision that will have a foreseeable material financial affect on any financial interest of the Council Member or certain family members. When Council Members must disqualify themselves due to a financial interest, they are prohibited not only from "making" a decision but also from "participating" in the decision. Generally, an official makes a decision when the Council Member votes on a matter, appoints a person, obligates or commits the City to any course of action, or enters into any contract on behalf of the City. An official participates in making a decision when the official negotiates on behalf of the City, or advises or makes recommendations to the decision maker, either directly or without significant intervening substantive review. The City Attorney prepares an annual Summary of the Conflict of Interest Laws Manual that is attached as Appendix 3 in the City Council Protocol Manual. Conflict of Interest Code. The Political Reform Act requires state and local government agenciesto review and adopt conflict of interest codes biannually. The City of Temecula adopts its Conflict of Interest Code in even -numbered years. The City's Conflict of Interest Code adopts the State Political Reform Act and designates certain City officials other than the Council who are subject the conflict of interest laws. The Code is attached as Exhibit A. Statements of Economic Interest A financial disclosure form (Statement of Economic Interest - Form 700) must be filed with the City Clerk no later than April 1 of each year for financial interests pertaining to the preceding calendar year. The April 1 deadline may be adjusted by the Fair Political Practices Commission (FPPC) for holidays and/or weekends. Council Members must also file a statement within 30 days of assuming office or leaving office. Filers shall file said statement electronically through NetFile, the City's certified electronic filing system. Advice Regarding Conflicts of Interest A Council Member who is uncertain as to whether they have a conflict of interest is encouraged to seek clarification from the City Attorney prior to the Council Meeting at which the matter will be discussed. The City Attorney or the official may also request a formal opinion from the FPPC. Attachments Exhibit A - Conflict of Interest Code EXHIBIT A POLICY RESOLUTION NO.2022-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY'S 2022 CONFLICT OF INTEREST CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula has previously adopted a Conflict of Interest Code to apply to certain officers and employees of the City with an Exhibit A designating certain positions within the City that require the filing of economic disclosure forms. Section 2. The City Council of the City of Temecula does hereby amend the Conflict of Interest Code for the City of Temecula by deleting Exhibit A and substituting in its place a new Exhibit A, which is attached hereto and incorporated herein by this reference. Section 3. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 150' day of November, 2022. 1 ATTES Ran o 1, City Clerk [SEAL] 1 Matt ayor 1 1 1 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. 2022-84 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 15t' day of November, 2022, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: �� ►��=K�IiJ�K�1f�i��i:7�:�.� ABSENT: 0 COUNCIL MEMBERS: None None None Randi Johl, City Clerk 2 SECTION 2. EXHIBIT A DESIGNATED CITY OF TEMECULA EMPLOYEES AND DISCLOSURE CATEGORIES The following positions entail the making or participating in the making of decisions which could have a material effect on financial interests. Designated Position Disclosure Categories Assistant City Manager 1 Assistant Director of Community Development 1 Assistant Director of Community Services 1 Assistant Director of Finance 1 Assistant Director of Information Technology and Support Services 1 Assistant to the City Manager 1 Building Official 1 Chief of Police 1 Community Services Superintendent 1 Deputy City Manager 1 Designated Consultant* 1 Director of Community Development 1 Director of Community Services 1 Director of Finance 1 Director of Human Resources and Risk Management 1 Director of Information Technology and Support Services 1 Director of Legislative Affairs / City Clerk 1 Director of Public Works/City Engineer 1 Economic Development Manager 1 Engineering Manager 1 Exempt Officials 0 Fire Chief 1 Finance Manager 1 Fiscal Services Manager 1 Information Technology Manager 1 Maintenance Manager Planning Manager Principal Civil Engineer Principal Management Analyst Senior Civil Engineer Senior Management Analyst Senior Planner Members of all City Commissions, Boards, and Committees (Other than Government 87200 Filers) DESIGNATED CONSULTANTS: Consultants who fit into one or more of the following categories shall be included in the list of designated employees as "Designated Consultants": 1. Consultants who make (not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof. 2. Consultants who serve in a staff capacity with the City, and in that capacity participate in making a governmental decision by providing information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review. 3. Consultants who perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City's Conflict of Interest Code. When the consultant is a corporation, partnership, or limited liability company, only individuals who fit into one of the three categories of "Designated Consultants" described above must file disclosure statements. Designated Consultant shall report all reportable interests in real property in the jurisdiction; reportable income and business positions; reportable investments; and reportable gifts within the disclosure category applicable to Designated Consultants unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in the section. If the City Manager determines in writing that a particular consultant is not required to fully comply with the requisite disclosure requirements, then such written determination shall include a description of the consultant's duties and based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. ** The Mayor, City Council, Members of the Planning Commission, City Manager, City Attorney, and City Treasurer are all required to file disclosure statements pursuant to (Government Code 87200) and are thus not included herein. 1 1 RESOLUTION NO. 94-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHEREAS, the City Council of the City of Temecula has previously adopted a Conflict of Interest Code to apply to certain officers and employees of the City; and WHEREAS, the City Council of the City of Temecula desires to adopt an Amended Conflict of Interest Code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the Amended Conflict of Interest Code, attached hereto as Exhibit A, is hereby adopted as the Conflict of Interest Code for the City of Temecula. Section 2. The previously adopted Conflict of Interest Code for the City of Temecula is of no further force and effect. Section 3. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 15th day of November, 1994. Ron Roberts, Mayor UH—Oku [SEAL] Resos 94-105 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 Resolution No. 94-105 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 15th day of November, 1994 by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Resos 94-105 Birdsall, Munoz, Parks, Stone, Roberts None None r IWE Greek, City Cler ly CONFLICT OF INTEREST CODE OF THE CITY OF TEMECULA SECTION 1. Purpose. Pursuant to the provisions of Government Code Sections 87300, eI e�, q. , the City of Temecula (hereinafter referred to as "City") hereby adopts the following Conflict of Interest Code. The provisions of this Code are in addition to those contained in Title 9, Chapter 7 of the Government Code (Section 87100 gl &a.). Except as otherwise indicated, the definitions contained in Title 9, Chapter 2 of the Government Code (Section 8200 et.IN.) are incorporated herein and apply to this Code. It is the purpose of this Code to provide for the disclosure of assets and income of designated employees which may be materially affected by their official actions, and, in appropriate circumstances, to provide that designated employees should be disqualified from acting in order that conflicts of interest may be avoided. SECTION 2. Designated Positions. The positions listed in Exhibit "A" are designated positions. Officers and employees holding those positions are designated employees and are deemed to make or participate in the making of decisions which may foreseably have a material effect on a financial interest. SECTION 3. Disclosure Statements. Designated positions shall be assigned to one or more of the disclosure categories set forth in Exhibit "B" . Each designated employee or official shall file an annual statement disclosing that employee's or official's interest in investments, business positions, interests in real property and source of income designated as reportable under the category to which the employee's or official's position is assigned in Exhibit "B". SECTION 4. Place and Time of Filing. A. All designated employees or officials required to submit a statement of financial interests, (FPPC Form No. 730), shall file the original with the City Clerk's office. B. The City Clerk's office shall make and retain a copy of the statement. C. A designated employee or official required to submit an initial statement of financial interest, (FPPC Form No. 730), shall submit the statement within 30 days after the effective date of this Code, disclosing interests held including investments, business positions, and interests in real property on the effective date of this Code, and income received during the twelve (12) months prior to the effective date of this Code. D. All persons appointed, promoted, or transferred to designated positions shall file initial statements not more than 30 days after assuming office. E. The first statement of financial interests filed by a designated employee shall disclose the designated employee's reportable investments, business positions, and interests a?C2:109244.4 in real property as those investments, positions, and interests in real property exist as of the effective date of this Code or the date the designated employee assumed office, whichever is later, and income received during the preceding twelve (12) months. F. Annual statements shall be filed by April 1, of each year by all designated employees. Such statements shall disclose reportable investments, business positions, interests in real property, and income held or received at any time during the previous calendar year or since the designated employee took office if during the calendar year. G. A designated employee required to file a statement of financial interest with any other agency which is within the same territorial jurisdiction and whose disclosure requirements are comparable may comply with the provisions of this Code by filing a duplicate copy of the statement filed with the other agency, in lieu of an entirely separate statement. H. Every designated employee who leaves office shall file, within 30 days of leaving office, a statement disclosing reportable investments, business positions, interests in real property, and income held or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office. I. A designated employee who resigns his or her position within 30 days twelve (12) months following initial appointment or within thirty (30) days of the date of a notice mailed by the filing officer of the individual's filing obligation, whichever is earlier, is not deemed to assume or leave office, provided that during the period between appointment and resignation the individual does not make, participate in making, or use the position to influence any decision of the City or receive or become entitled to receive any form of payment by virtue, of being appointed to the position. Within thirty (30) days of the date of a notice mailed by the filing officer, the individual shall do both of the following: File a written resignation with the appointing power. 2. File a written statement with the filing officer on a form prescribed by the commission and signed under penalty of perjury stating that the individual, during the period between appointment and resignation, did not make, participate in the making or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. SECTION 5. Contents of Disclosure Statements. Disclosure statements shall be made on forms supplied by the City Clerk's Office, (FPPC Form No. 730), and shall contain the following information: A. Contents of Investment and Real Propgrty Re2grts. When an investment or an interest in real property is required to be disclosed, the statement shall contain: A statement of the nature of the investment or interest; LAM: IM44.4 2 2. The name of the business entity in which each investment is held and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement indicating whether the fair market value of the investment or interest in real property equals or exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand ($10,000) but does not exceed one hundred thousand dollars ($100,000), or whether it exceeds one hundred thousand dollars ($100,000). For purposes of this Code, "interest in real property" does not include the principle residence of the designated employee or any other property which the designated employee utilizes exclusively as the employee's personal residence. 5. For purposes of this subdivision (a) of Section 5, "interest in real property" does not include the principal residence of the filer or any other property which utilizes exclusively as the personal residence of the filer. B. Contents of Personal Income Reports: When personal income' is required to be disclosed under this Code or pursuant to the Political Reform Act, the statement shall contain: 1. The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement indicating whether the aggregated value of income from each source, or, in the case of a loan, the highest amount owed to each source, was at least two hundred fifty dollars ($250) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000), or whether it was greater than ten thousand dollars ($10,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value and the date on which the gift was received; ' "Income" is defined in Title 9, Chapter 2 of the Government Code (section 82030). That definition is attached hereto as Exhibit T." ,LX2:1092UA 3 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan. C. Contents of Business Entity Reports. When the designated employee's pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported, the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the designated employee's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) during a calendar year; 3. Income of a business entity is required to be reported only if the direct, indirect, or beneficial interest of the designated employee and his or her spouse in the business entity aggregates a 10 percent or greater interest. In addition, for purposes of subparagraphs 2 and 3 of this subsection, the disclosure of persons who are clients or customers of a business entity is required only if it is reasonably foreseeable that the client or customer may be materially affected by the decisions of the designated employee. 4. When a payment, including an advance or reimbursement for travel is required to be reported pursuant to (b) and (c) of this Section 5, it may be reported on a separate travel reimbursement schedule which shall be included in the filer's statement of economic interest. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income. D. Contents of Business Position Disclosure. When business positions are required to be reported, the designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management; a description of the business entity in which the business is engaged, and the designated employee's position with the business entity. E. Acquisition or Disposal During a Calendar Year. If any otherwise reportable investment or interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. SECTION 6. Disqualification. Designated employees shall disqualify themselves from making, participating in the making of, or in any way using their official position to influence a governmental decision when it is reasonably foreseeable that the decision will have a material financial affect distinguishable from its effect on the public generally, on the designated ;X2.109244.4 4 employee, or a member of his or her immediate family, or on: A. Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000) or more; B. Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or more; C. Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within twelve (12) months prior to the time when the decision is made; D. Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or E. Any -donor of, or any intermediary of agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the designated employee within twelve (12) months prior to the time when the decision is made. For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a designated employee, by an agent on behalf of a designated employee, or by a business entity or trust in which the designated employee, the designated employee's agent, spouse, and dependent children own directly, indirectly, or beneficially a ten percent (10 %) interest or greater. No designated employee shall be required to disqualify himself or herself with respect to any matter which could not legally be acted upon or decided without his or her participation. A designated employee required to disqualify himself or herself shall notify the City Manager and the City Clerk in writing, and the City Clerk shall record the person's disqualification. Violations. Pursuant to Government Code Section 87300, this Code "shall have the force of law" and any violation of any provision of this Code shall be punishable in accordance with Government Code Section 91000 to 91015 and include criminal and civil sanctions, as well as discipline within the City's Personnel System. LAX2: to9244.a 5 SECTION 7. EXHIBIT "A" Designated City of Temecula Employees and Disclosure Categories The following positions entail the making or participation in the making of decisions which may foreseeably have a material effect on financial interests: Designated Position Disclosure Categories Assistant City Manager ......................................... 1 Building Official ............................................. 1 Chief of Police .............................................. 1 Chief Accountant ............................................ 1 CityClerk ................................................. 1 City Engineer/Director of Public Works ............................... 1 Consultantz................................................. 1 Principal Engineer ............................................ 1 Exempt Officials!' ............................................ 0 z' Consultants shall be included in the list of designated employees and shall disclose all of the information required to be disclosed by designated employees subject to the following limitation: The City Manager or his or her designee may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirement described in this Section. Such written disclosure shall include a description and based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. !' The Mayor, City Council, Members of the Planning Commission, City Manager, City Attorney, City Treasurer, and Director of Finance are all required to file disclosure statements pursuant to state law and thus are not included herein. LAX2:109241.4 6 Director of Community Services ................................... 1 Financial Services Administator.................................... 1 FireChief ................................................. 1 Maintenance Superintendent ...................................... 1 Planning Director ............................................ 1 Recreation Superintendent ....................................... 1 Senior Accountant ............................................ 1 Senior Building Inspector ........................................ 1 Senior Management Analyst ...................................... 1 Traffic Engineer ............................................. 1 Senior Planner .............................................. 1 Members of all City Commissions, Boards, and Committees Not Otherwise Required to File Conflict of Interest Statements ..................................... 1 iaX2:109244.4 7 SECTION 8. EXHIBIT "B" Categories of Reportable Economic Interests Designated Persons in Category "I" Must Report: All investments, interests in real property, income, and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. These financial interests are reportable only if located within and subject to the jurisdiction of the City, or if the business entity is doing business or planning to do business in an area subject to the jurisdiction of the City, or has done business within an area subject to the jurisdiction of the City at any time during the two years prior to the filing of the statement. Designated Persons in Category "2" Must Report: A. All Investments in real property located within or subject to the jurisdiction of the City. B. Investments in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. C. Income from any source which within the last two years has contracted or in the future foreseeably may contract with the City. D. His or Her status as a director, officer, partner, trustee, employee, or holder of a position of management in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. Designated persons in Category "3" must reWrt: A. Investments and business positions in, and income from business entities located in, doing business in, or planning to do business in the redevelopment project area and all interests in real property located within two miles of the redevelopment project area. K2:1M44.4 8 EXHIBIT "C" 82030. Income. A. "Income" means, except as provided in subdivision (b), a payment received, including but not limited to any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness received by the filer, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. Income also includes an outstanding loan. Income of an individual also includes a pro rata share of any income of any business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a 10-percent interest or greater. "Income" other than a gift, does not include income received from any source outside the jurisdiction and not doing business within the jurisdiction, not planning to do business within the jurisdiction, or not having done business within the jurisdiction during the two years prior to the time any statement or other action is required under this title. B. "Income" also does not include: 1. Campaign contributions required to be reported under Chapter 4 (commending with Section 84100). 2. Salary and reimbursement for expenses or per diem received from a state, local, or federal government agency and reimbursement for travel expenses and per diem received from a bona fide educational, academic, or charitable organization. 3. Any devise or inheritance. 4. Interest, dividends, or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency. 5. Dividends, interest, or any other return on a security which is registered with the Securities and Exchange Commission of the United States Government or a commodity future registered with the Commodity Futures Trading Commission of the United States Government, except proceeds from the sale of these securities and commodities futures. 6. Redemption of a mutual fund. 7. Alimony or child support payments. 8. Any loan or loans from a commercial lending institution which are made in the lenders' regular course of business on terms available to members of the public without regard to official status if: -+ 2:IM44.4 9 A. Used to purchase, refinance the purchase of, or for improvements to, the principal residence of filer; or B. The balance owed does not exceed ten thousand dollars ($10,000). 9. Any loan from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first cousin, or the spouse of any such person, provided that a loan from any such person shall be considered income if the lender is acting as an agent or intermediary for any person not covered by this paragraph. 10. Any indebtness created as part of a retail installment or credit card transaction if made in the lender's regular course of business on terms available to members of the public without regard to official status, so long as the balance owed to the creditor does not exceed ten thousand dollars ($10, 000) . 11. Payments received under a defined benefit pension plan qualified under Internal Revenue Code Section 401(a). 12. Proceeds from the sale of securities registered with the securities and Exchange Commission of the United States Government or from the sale of commodities futures registered with the Commodity Futures Trading Commission of the United States Government if the filer sells the securities or the commodities futures on a stock or commodities exchange and does no know or have reason to know the identity of the purchaser. L..M: io92UA 10 POLICY NO. 15 CODE OF ETHICS CITY OF TEMECULA CITY COUNCIL POLICY Aft A'1 The Heart of Southern Califarnia Wine Country Title: Code of Ethics Policy No. 15 Approved: November 14, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to set forth the Code of Ethics for the City Council of the City of Temecula. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is as follows: City Code of Ethics PrPamhlP The citizens of the City of Temecula are entitled to responsible, fair and honest city government that operates in an atmosphere of respect and civility. Accordingly, the Temecula City Council has adopted this code to: 1. Describe the standards of behavior to which its leaders and staff aspire. 2. Provide an ongoing source of guidance to elected leaders, city officials and staff in their day-to- day service to the city. 3. Promote and maintain a culture of ethics. Pledge On November 14, 2023, the City Council of the City of Temecula adopted this City Code of Ethics, which applies to all City employees, officers, commissions, and elected or appointed officials and requires the following pledge: Responsibility • I understand that the community expects me to serve with dignity and respect, as well as be an agent of the democratic process. • I avoid actions that might cause the public to question my independent judgment. • 1 do not use my office or the resources of the city for personal or political gain. • 1 am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the city and its citizens. Fairness • 1 promote consistency, equity and non-discrimination in public agency decision -making. • 1 make decisions based on the merits of an issue, including research and facts. • 1 encourage diverse public engagement in our decision -making processes and support the public's right to have access to public information concerning the conduct of the City's business. Respect • 1 treat my fellow city officials, staff, commission members and the public with patience, courtesy, civility, and respect, even when we disagree on what is best for the community and its citizens. Honesty • I am honest with all elected officials, staff, commission members, boards, the public and others. • I am prepared to make decisions when necessary for the public's best interest, whether those decisions are popular or not. • I take responsibility for my actions, even when it is uncomfortable to do so. In addition, the City Council commits to the following core values: 1. As a representative of the City of Temecula, in practice, this value looks like: I will be ethical. 2. As a representative ofthe City of Temecula, I will be professional. 3. As a representative of the City of Temecula, I will be service -oriented. 4. As a representative of the City of Temecula, I will be fiscally responsible. 5. As a representative of the City of Temecula, I will be organized. 6. As a representative of the City of Temecula, I will be communicative. 7. As a representative of the City of Temecula, I will be collaborative. 8. As a representative of the City of Temecula, I will be innovative. POLICY NO. 16 COMPENSATION AND/OR STIPENDS CITY OF TEMECULA CITY COUNCIL POLICY Aft At C�'( '1 The Heart of Southern Califarnia Wine Country Title: Compensation and/or Stipends Policy No. 16 Approved: November 14, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to set forth the requirements related to Council compensation and/or stipends as codified in the Government Code and the Temecula Municipal Code. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is as follows: The City of Temecula is a general law city formed under the laws of the State of California. The City Council compensation schedule for general law cities is set forth in Government Code Section 36516 et seq. Current City Council compensation is $600 per month pursuant to Temecula Municipal Code Section 2.04.050. City Council compensation was last adjusted in October 2023 via Ordinance No. 2023-08. Ordinance No. 2023-08 reset the compensation from $600 to $1,900 per month pursuant to Senate Bill 329. On June 29, 2023, Senate Bill 329 (SB 329) was signed into law setting forth a new compensation schedule for City Council members. SB 329 declared that the compensation schedule for general law cities had not been adjusted since 1984, indicating compensation had not kept pace with inflation. The Legislature also declared that compensation adjustments for inflation may help city councils become more diverse allowing individuals from across different income levels to serve the public and support their families. SB 329 was permissive and not mandatory. SB 329 increased the maximum amount of City Council salaries based upon population size, permitted adjustments by ordinance at two public meetings, and allowed for additional modification under specific circumstances. Automatic adjustments for CPI were prohibited. For cities 75,000 - 150,000 in population, maximum compensation was set at one thousand nine hundred dollars ($1,900) per month. While SB 329 set forth an alternative calculation to the $1,900 amount based on a maximum 5% increase per year from the date of the last adjustment (2003-2023=20 years), this amount was $1,200, and less than the $1,900 amount set by population. As such, the $1,900 amount remained the maximum cap for compensation adjustment at the time Ordinance 2023-08 was adopted. Ordinance No. 2023-08 will become effective after the results of the November 2024 general municipal election is certified by the City Council of the City of Temecula. A copy of Ordinance No. 2023-08 is attached as Exhibit A. EXHIBIT A POLICY ORDINANCE NO.2023-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.04.050 OF THE TEMECULA MUNICIPAL CODE REVISING THE SALARY FOR COUNCIL MEMBERS TO NINETEEN HUNDRED DOLLARS PER MONTH AS PROVIDED IN GOVERNMENT CODE SECTION 36516 AND PROVIDING FOR REIMBURSEMENT OF NECESSARY EXPENSES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. Effective January 1, 2024, with the passage of Senate Bill 329 (Dodd), Government Code Section 36516 provides that council members in a city with a population of 75,000 — 150,000 are authorized to receive a salary of nineteen hundred ($1,900.00) per month. The population of a city for the purposes of establishing council member salaries may be based upon either a federal census or an estimate of population validated by the California Department of Finance. B. The population of the City of Temecula in 2023 is 108,899 as validated by the California Department of Finance. C. The need for the increase in Council salary is based on the following: (1) Council Members work many hours per month in addition to regular council meetings, including meeting with constituents, reviewing agenda reports for Council and City Commissions, attending subcommittee meetings, meeting with staff, and attending events on behalf of the City and not reflected in their current salary; and (2) increasing the salary may help the City Council become more diverse because increased salary can help individuals from across different income levels receive sufficient income from their service to help ensure that they can continue to serve the public and support their families. Section 2. Section 2.04.050 of the Temecula Municipal Code is hereby amended to read as follows: "2.04.050 Compensation "A. In accordance with Government Code Section 36516, each council member shall be entitled to a salary of in the amount of nineteen hundred dollars ($1,900.00) per month. B. Upon the submission of an itemized account, any council member may be reimbursed for the actual and necessary expenses incurred in the performance of official duty. The . Council may, by resolution, establish a schedule of actual and necessary expenses incurred in the performance of official duty for which council members may be reimbursed." Section 3. As required by Government Code Section 36516.5, council members shall not be eligible for the $1,900.00 salary described in Section 1 of this ordinance until the term of office begins for council members elected at the November 2024 General Municipal Election. Until such time, council members shall continue to receive $600.00 per month in salary. Section 4. 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 5. Effective Date. This ordinance shall take effect thirty (30) days after its adoption. Section 6. 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. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24 h day of October, 2023. elk �Z&/ Zak Schwank, Mayor ATTE Ran o ,City Clerk [SEAL] 1 F� 1 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. 2023-08 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 261h day of September, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 241h day of October, 2023, by the following vote: AYES: 3 COUNCIL MEMBERS: Brown, Kalfus, Schwank NOES: 2 COUNCIL MEMBERS: Alexander, Stewart ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 3 POLICY NO. 17 ELECTED OFFICE TRAVEL AND REIMBURSMENT CITY OF TEMECULA CITY COUNCIL POLICY Aft At cow,( '1 The Heart of Southern Califarnia Wine Country Title: Elected Official Travel and Reimbursement Policy No. 17 Approved: November 14, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to establish responsibilities and guidelines for elected officials when attending business or professional conferences, training seminars or other travel on City business. It is the intent of the City of Temecula to assure compliance with all state and federal laws, including United States Internal Revenue Service regulations and Assembly Bill 1234 (2005). POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is as follows: In general, all reimbursements to elected officials are a use of public funds. The City expects to reimburse reasonable costs incurred by elected officials when traveling on City business, and elected officials are expected to use good judgment in their expenditure of public funds. Reimbursement of business -related expenses paid to elected officials is generally tax-free; however, elected officials must substantiate the expenses with original receipts. A detailed record of all reimbursable expenses incurred during the travel must be submitted on a City Travel/Expense Form. A. DEFINITIONS 1. Business Travel - authorized attendance at conferences, meetings, and seminars or authorized travel for any other purpose in connection with official City responsibilities. Business travel includes day trips and trips requiring one or more overnight stays in connection with official representation of the City to do the following: a. Communicate with representatives of regional, state and national government on City adopted policy positions. b. Attend trainings, seminars, symposiums, conferences, hearings, conventions or other meetings. c. Interview persons, inspect facilities or institutions, conduct surveys, and exchange professional information or otherwise travel for the benefit of the City. d. Act as host to persons who, for protocol reasons, merit appropriate courtesies. 1 e. Participate in such other activities requiring expenditures for travel and/or subsistence as are clearly necessary to serve in the best interest of the City. 2. Business Travel Period — the time that is necessary to travel by the most cost effective and appropriate travel method to attend conferences, meetings, and seminars related to City business. Additional time required to travel as the result of alternative travel methods selected by elected officials are not included in the business travel period and expenses are not subject to reimbursement. 3. Local Travel - travel within a radius of fifty miles from Temecula City Hall. 4. Out -of -Town Travel -travel greater than fifty miles from Temecula City Hall. 5. Mileage Allowance - the reimbursement paid to the elected official for the use of their own personal vehicle during travel on official City business. The mileage reimbursement rate will be the prevailing rate established by the Internal Revenue Service (IRS). Elected officials receiving a monthly automobile allowance are not eligible to receive an additional mileage allowance. 6. Allowable Expense - an expenditure deemed by the U.S. General Services Administration (GSA) as a stand-alone expense that is fully reimbursable, and not included as an incidental expense under per diem rates. 7. Incidental Expense -federal travel regulations define "incidental expenses" as fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards and stewardesses and others; transportation between places of lodging or business and places where meals are taken; and the mailing cost associated with filing travel vouchers. B. PROVISIONS 1. Approvals a. It is the policy of the City Council to publicly disclose and approve all requests for travel expense reimbursement from elected officials as a part of its approval for the List of Demands. If the travel is directly related to City business, defined as those legislative matters that fall within the jurisdiction of a local government municipality, such travel should be considered pre - approved for reimbursement. Any other requests for travel and subsequent reimbursement shall require pre -approval by the City Council. b. Any number of elected officials may attend conferences if the funds for such purposes are specifically provided for and included in the annual budget, and the number of attendees is justified in consideration of the additional cost. Any other requests for travel and subsequent reimbursement shall require pre -approval by the City Council. 2. Transportation z a. Use of air, train, private car or bus shall be selected based on the most cost effective and appropriate method, taking into consideration distance as calculated by an internet mileage calculator such as MapQuest, and total costs to the City after all expense items are tabulated. Trips should be via the most direct and commonly traveled routes. Other routes may be authorized when official business requires their use. Costs associated with indirect routes, stops along the way for personal reasons, or extending the time beyond what is required for official business will not be paid for or reimbursed by the City. Once booked, changes to flights should be avoided whenever possible to minimize cost to the City. b. If an elected official wishes to drive rather than fly to a destination, and the official does not receive a monthly automobile allowance, the City will reimburse the elected official the lesser of the mileage rate to and from the site or the amount of the lowest cost airline coach fare within one week after the meeting or conference is booked plus the cost of mileage to and from the airport, the cost of long term parking, and the cost of transportation from the airport to the meeting or conference site for the time necessary for the business travel only. If parking fees are charged at the meeting or conference location due to the elected official driving their personal vehicle, the mileage and parking costs will be reimbursed up to the cost of the airfare, mileage, parking, and transportation costs listed above for the time necessary for business travel. The City will not cover the cost of additional expenditures such as meals, lodging, parking and any other costs incurred resulting from the additional time required to travel by automobile. c. Reimbursement for mileage shall be at the prevailing IRS established rate and mileage will be calculated from Temecula City Hall. Use of a privately owned vehicle on City business requires the driver to possess a valid California driver's license and to carry automobile insurance. Any damage to the vehicle or service repairs are of a personal nature, and are not reimbursable by the City, and the City shall assume no liability. Reimbursement will be based on the vehicle and not on the number attending (i.e., the owner of the vehicle will be paid and not the passengers). Mileage related to attending conferences or meetings requiring travel is submitted on the Travel Expense Form along with other conference or meeting expenses. Mileage not associated with travel, such as for local events, must be submitted monthly on a Mileage Reimbursement Form within 30 calendar days of the end of the month to be eligible for reimbursement. Such reimbursement is not available to those receiving a monthly automobile allowance. d. Expenditures deemed as an allowable expense by the GSA such as tolls, parking, internet service and checked baggage for airlines, will be fully reimbursed upon presentation of the original receipts for the period of travel time required for City business. If an elected official chooses to extend the trip for additional days, expenditures for these days will not be paid for or reimbursed by the City. The cost for valet parking will only be reimbursed if no lower cost self -parking was available. e. When the use of public air carrier transportation is approved, travel for all personnel shall be in coach class or equivalent service. Private automobile use to and from the airport shall be reimbursed for all miles at the current mileage rate. Long-term offsite parking must be used for travel exceeding 24 hours unless the onsite parking rate is lower. If, in lieu of parking at the airport, the elected official obtains a ride to and from the airport, the cost of the mileage for 3 both round trips will be covered up to what the cost would have been for one round-trip plus the cost of long term parking for the required travel period. f. While traveling, the use of rental vehicles is discouraged. Shuttle services, buses, taxis, ride share, or car services, between airports and meeting locations will be covered. Rental vehicles shall only be permitted when no other transportation is available, or when alternate transportation would be more expensive or impractical. When rental vehicles are used, the least expensive vehicle practical shall be used, and car rental insurance must be purchased from the rental agency. Car rental fees will be covered only for the time required for the official travel. 3. Lodging a. Lodging shall be obtained at the most economical rate available for good quality accommodations. In general, the City will cover the cost of hotel accommodations at the standard room rate, government room rate, or conference attendee rate, whichever is less. Upgrades to accommodations are not covered and must be paid for directly by the elected official. 1) If lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. 2) The City will pay for a single occupancy room (including taxes, parking and other allowable expenses) for as many nights as is necessary to attend the meeting or conference based on the applicable agenda. Any extension of time for personal use is not covered and must be paid for directly by the elected official. If attendance at an event that is not on the agenda is required resulting in additional lodging, meal or other costs, the elected official must attach a statement or other documentation outlining the time and purpose of the meeting attended to obtain reimbursement for the additional costs. Lodging will be provided to elected officials the night prior to the meeting or conference when flight schedules do not allow for arrival on the day of the event prior to the start. Lodging will be provided on the last day of the event only if the event ends late in the day and no return flights are available. Elected officials must cancel any reservation that will not be used. If the City is charged for an unused reservation, the elected official will be responsible for that charge unless circumstances requiring cancellation were reasonably beyond their control. b. An elected official may stay with a friend or relative while attending an out-of-town meeting or conference; however, the City will not reimburse the elected official for any payment to the friend or relative for lodging, meals or transportation. 4. Meals, Incidental and Allowable Expenses a. For trips requiring an overnight stay, the allowable cost of meals at a hotel, restaurant, cafeteria, cafe or deli consumed by the elected official while on required business travel will be reimbursed when documented by appropriate receipts. The cost includes non-alcoholic beverages, taxes and tip. Elected officials are not eligible to receive a per diem allowance. 4 1) Elected officials are eligible to receive reimbursement for actual costs of meals and incidental expenses to the maximum allowance under the GSA Per Diem Rate Schedule (www.gsa.gov) for the location where the meeting or conference took place calculated daily meaning that the meals in totality will be reimbursed up to the maximum allowable for the day, not on an individual meal basis. Partial days, including the first and last days of the conference or event will be prorated according to the GSA Per Diem Rate Schedule. Meals for spouses or guests must be paid for by the elected official and are not eligible for reimbursement. 2) When meals are provided during a conference, those meals must be subtracted out of the per diem rate allowed for the day using the GSA Per Diem Rate Schedule provisions for partial days for the location in which the meeting took place. The provision of a "Continental Breakfast" will not be counted as a meal provided for the purposes of this section. 3) Receipts must show the itemized meal and beverages. Credit card receipts with no detail are not acceptable documentation. 4) Other expenditures deemed by the GSA as an allowable expense (i.e., checked baggage for airlines) are reimbursable. 5) Elected officials are required to submit supporting documentation and receipts for all reimbursable purchases, including the elected official's name and the nature of the business. b. For trips not requiring overnight stays, the actual cost of meals at a hotel, restaurant, cafeteria, cafe or deli consumed by the elected official while on business travel will be reimbursed when documented by appropriate receipts. The actual cost includes non-alcoholic beverages, taxes and a 15% tip. 1) Receipts must show the itemized meal and should have the elected official's name and the nature of the business documented. 2) Reimbursement shall not exceed the daily meal limit amounts set above, regardless of the amount in receipts submitted. 3) Meals for travel under twenty-four hours may be taxed according to IRS regulations. 4) Elected officials will not be reimbursed for meals if the location of the meeting or conference is within the City, since the elected official could have the meal in the manner they normally choose. 5) Elected officials will not be reimbursed for meals which are already included in the conference registration fee. s 6) If an elected official is attending a one -day seminar whereby lunch is not included in the price of the seminar, the reimbursement may not exceed the prevailing U.S. GSA lunch rate for the location in which the meeting took place. 5. Cash Advances and Credit Card Usage a. If an elected official requires a cash advance for travel expenditures related to City business, a cash advance of a minimum of one hundred ($100) dollars up to a maximum of one thousand five hundred ($1,500) dollars may be made to the elected official. 1) Authorization shall be in the form of a check request from the City Manager to the Finance Department. 2) Cash advances shall be restricted to a maximum of meal and incidental allowances as defined in Section 4. b. Approved cash advances should be submitted to the Finance Department three weeks prior to departure date. 1) The elected official will be notified by the Finance Department when the requested funds are available for pickup immediately prior to the dates of travel. 2) Receipt of a cash advance for travel expenses does not constitute pre -approval for the expenditure of the entire amount so advanced, as all expenditures must be reasonable, justified and approved. c. If an elected official has accepted a cash advance, a reconciliation of the advance payment must be made based on the actual expenses incurred as part of the expense report and submitted to the City within ten (10) calendar days of returning from the conference or meeting. 1) If actual expenses exceed the amount of the advance, any additional expenses will be reimbursed. 2) If actual expenses do not exceed the expense advance received, the elected official shall reimburse the City for the unused portion within ten (10) calendar days of filing the expense report. Any unreimbursed cash advance will be withheld from the elected official's next stipend. d. Elected officials may be issued a credit card by the City of Temecula. Such credit card is to be used for City business only as set forth in this policy (i.e., conference registration, lodging hotel, transportation, non -covered meals, meetings, etc.). Said credit card shall remain in the possession of the Executive Assistant to the City Council and shall be checked out from time to time when the need arises including when the elected official is traveling for City business. Use of the credit card remains subject to all other relevant provisions set forth in this policy, including the submittal of actual costs incurred by way of receipts separately and/or via the Travel/Expense Form. 6 6. Other Provisions a. Spouses and guests are permitted to accompany the elected official on City travel and at conferences, seminars, and meetings, except when such accompaniment would interfere with the conduct of City business. Any additional costs associated with the participation of the spouse or other guests are the sole responsibility of the elected official. b. If Internet access is necessary for City related business, the City will reimburse Internet access connection and/or usage fees away from home during the authorized business travel period. The rate must be listed as such on the invoice, so as not to be confused with other incidental costs. c. Baggage handling fees of a generally accepted, reasonable amount and gratuities of up to 15% will be reimbursed. 7. Unauthorized Expenses a. Items of a personal nature are not reimbursable, including movies, entertainment, premium television services, alcoholic beverages, snacks, gift certificates, laundering or dry-cleaning, spas, gyms, barbers, magazines, shoeshine, travel insurance, purchase of clothing or toiletries, loss of tickets, fines or traffic violations, non -mileage personal automobile expenses, including repairs, insurance or gasoline, personal losses incurred while on City business, excess baggage, spouse and/or guest accommodations, office equipment and other items of a personal nature. b. Spouses and guests are allowed to accompany the elected official on City travel and at conferences, seminars• and meetings when using public or private transportation. Any additional costs associated with the participation of the spouse or other guests are the sole responsibility of the elected official including any increased lodging rate due to double occupancy. Any increase in cost due to a spouse or guest accompanying an elected official is not to be charged to the City and must be paid for directly by the elected official. c. Expenses for which elected officials receive reimbursement from another agency are not reimbursable. d. If unauthorized expenses have been paid by the City, the elected official will be responsible for immediate reimbursement to the City by cash or personal check. If the payment has not been received within twenty (20) calendar days after the event, the amount due will be deducted from the elected official's next monthly stipend. C. TRAVEL/EXPENSE FORM 1. Upon return from the event, the elected official must submit an approved Travel/Expense Form to the Finance Department within ten (10) calendar days. This form itemizes all expenses associated with the event. All original receipts must be attached, as well as a copy of the conference schedule and/or itinerary. Electronic receipts will also be accepted. 2. Expense forms must document that the expenses in question meet the requirements of this policy. 3. If an elected official has lost a receipt for a travel -related item, a memo is required. The memo must include the following: a. Detailed explanation, such as time, activity, and reason for losing the receipt. b. Include all receipt information such as place, amount, date, and description of item. c. The elected official must sign the memo. D. INTERPRETATION OF POLICY The intent of the policy is to provide guidelines to cover the necessary costs associated with elected officials attending conferences and meetings related to, and for the benefit of, the City of Temecula in the most cost-effective manner. Fiscal prudence should prevail in the interpretation of the policy as it is impossible to cover every unique situation that may arise. Any disagreement as to how the policy should be applied should be referred to the City Manager. E. VIOLATIONS OF THIS POLICY Use of public resources or falsifying expense reports in violation of this policy may result in any of the following: 1) loss of reimbursement privileges; 2) a demand for restitution to the City of Temecula; 3) the agency's reporting the expenses as income to the elected official to state and federal tax authorities; 4) civil penalties up to the maximum allowable by law; 5) prosecution for misuse of public resources. s POLICY NO. 18 APPOINTMENT TO INTERNAL/ EXTERNAL COMMITTEES CITY OF TEMECULA CITY COUNCIL POLICY Aft At cow,( '1 The Heart of Southern Califarnia Wine Country Title: Appointment to Internal/External Committees Policy No. 18 Approved: November 14, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to set forth the guidelines affiliated with the appointment of Council Members to internal and external committees. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is as follows: Appointments to Committees The City of Temecula has several internal committees — ad hoc and standing — on which the City Council serve. Under the Brown Act, which is codified in the Government Code, a "standing committee" is one that has "continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution or formal action of a legislative body." An "ad hoc committee" is one that has limited subject matter jurisdiction, typically one topic, and meets for such time as to complete a limited purpose. The Brown Act applies to all standing committee meetings and relevant staff ensure noticing requirements are met. Appointments to external committees may include Western Riverside County Regional Conservation, Riverside County Habitat Conservation Agency Board, Riverside County Transportation Commission, Riverside Transit Agency, Western Riverside Council of Governments, League of California Cities, National League of Cities, and Pechanga Tribal Council Liaison among others. The City Council makes appointments to its internal and external committees in January of each year. Two members are publicly appointed to each committee by a majority vote of the Council. Members may be appointed based on interest, continuity, availability, and/or any other reason. Members serve for the full calendar year in which they are appointed. In the event of a vacancy, another member may be appointed by majority vote of the City Council when the vacancy occurs. Stipends for Committees There are no stipends provided by the City of Temecula for any committee service on internal ad hoc and/or standing committees. For external committees, the corresponding regional agency (i.e., Riverside Transit Agency, Riverside Conservation Authority, etc.) may provide a stipend per month and/or meeting for service on their respective committee. Such appointments and related stipends are reportable pursuant to Fair Political Practices Commission Regulation 18702.5. The City Clerk's office is responsible for posting Form 806 listing paid appointed positions as required pursuant to law. APPENDIX A SUMMARY OF RALPH M. BROWN ACT Or - Brown Act o HANDBOOK r*4 Summary of the Major Provisions and Requirements of the Ralph M. Brown Act Summary and Discussion of the Major Provisions of the Brown Act Text of the Ralph M. Brown Act ) Updated including changes effective January 1, 2023 Table of Contents INTRODUCTION...............................................................................................................................................iii PART ONE: SUMMARY OF THE MAJOR PROVISIONS AND REQUIREMENTS OF THE RALPH M. BROWNACT...................................................................................................................................... l I. APPLICATION OF BROWN ACT TO "LEGISLATIVE BODIES".........................................................2 II. DEFINITION OF "MEETING"...............................................................................................................3 III. EXCEPTIONS TO MEETING REQUIREMENT......................................................................................3 A. The Individual Contact Exception...................................................................................4 B. The Seminar or Conference Exception...........................................................................4 C. The Community Meeting Exception................................................................................4 D. The Other Legislative Body Exception.............................................................................4 E. The Social or Ceremonial Occasion Exception............................................................5 F. The Standing Committee Exception...............................................................................5 IV. PERMITTED LOCATIONS OF MEETINGS AND TELECONFERENCING...........................................5 A. Permitted Locations of Meetings.....................................................................................5 B. Teleconferencing................................................................................................................5 1) Background on the COVID-19 pandemic.......................................................6 V. ADA COMPLIANCE...........................................................................................................................9 VI. SIMULTANEOUS OR SUCCESSIVE MEETINGS................................................................................10 VII. SERIAL MEETINGS.............................................................................................................................10 A. Contacts with Staff........................................................................................................... l 1 B. Contacts with Constituents, Developers and Lobbyists............................................12 C. Contacts with Fellow Members of the Same Legislative Body................................13 D. Contacts on Social Media..............................................................................................13 VIII. NOTICE, AGENDA AND REPORTING REQUIREMENTS................................................................14 A. Time of Notice and Content of Agenda......................................................................14 B. Action and Discussion on Non -agenda Items.............................................................17 Ralph M. Brown Act Page i © 2023 Richards, Watson & Gershon 2764673 C. Reporting of Actions.........................................................................................................18 IX. PUBLIC PARTICIPATION...................................................................................................................18 A. Regular Meetings..............................................................................................................18 B. Public Comments at Special Meetings........................................................................19 C. Limitations on the Length and Content of Public Comments.................................19 D. Additional Rights of the Public.......................................................................................20 X. CLOSED SESSIONS...........................................................................................................................22 XI. ENFORCEMENT................................................................................................................................24 XII. CONCLUSION..................................................................................................................................25 PART TWO: THE RALPH M. BROWN ACT...................................................................................................24 Ralph M. Brown Act Page ii © 2023 Richards, Watson & Gershon 2764673 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 © 2023 Richards, Watson & Gershon 2764673 PART ONE: SUMMARY OF THE MAJOR PROVISIONS AND REQUIREMENTS OF THE RALPH M. BROWN ACT /1RWG LAW Ralph M. Brown Act © 2023 Richards, Watson & Gershon 2764673 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 © 2023 Richards, Watson & Gershon 2764673 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 © 2023 Richards, Watson & Gershon 2764673 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 © 2023 Richards, Watson & Gershon 2764673 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 was 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 © 2023 Richards, Watson & Gershon 2764673 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. On March 17, 2020, Governor Newsom issued Executive Order ("EO") N-29-20, which temporarily relaxed these traditional teleconferencing requirements in response to the COVID-19 pandemic. That order expired on September 30, 2021, but recent amendments to the Brown Act, described below, now provide other alternatives to the standard teleconferencing rules under specific conditions. The Brown Act's standard teleconferencing rules described in the preceding paragraph remain available in lieu of the alternatives described below. 1) Assembly Bill 361 AB 361 built upon EO N-29-20 to provide a statutory basis in the Brown Act for relaxed teleconferencing requirements during the COVID-19 declared emergency. As described below, however, there must be a proclaimed state of emergency for an agency to rely on AB 361. Because The Governor has announced that the current COVID-19 state of emergency will end on February 28, 20231, agencies will be unable to rely on AB 361 after that date absent a new emergency declaration. By its terms, AB 361 will sunset on January 1, 2024. § 54953(f). Until then, AB 361 authorizes local agencies to continue meeting remotely during a state of emergency proclaimed by the Governor without following the Brown Act's standard teleconferencing provisions, including the requirement that meetings be conducted in physical locations, if 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. AB 361 generally requires legislative bodies to make remote public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe 1 Governor Newsom to End the COVID-19 State of Emergency (Oct. 17, 2022), available at: https://www.gov.ca..qov/2022/ 10/ 17/governor-newsom-to-end-the-covid-19-state-of- emergency/ (as of Dec. 7. 2022). Ralph M. Brown Act Page 6 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act 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 provides the following procedures and 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). 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 must 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(e)(3). 2) Assembly Bill 2449 AB 2449 provides alternate authority, separate from both the traditional Brown Act teleconferencing requirements and the relaxed teleconferencing requirements during declared emergencies under AB 361. The provisions of AB 2449 are effective for a period of three years beginning January 1, 2023 and ending January 1, 2026. AB 2449 requires at least a quorum of the legislative body to participate in person from a singular, physical location clearly identified on the agenda, open to the public, and Ralph M. Brown Act Page 7 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act situated within the boundaries of the territory over which the agency exercises jurisdiction. § 54953(f)(1). AB 2449 allows other individual members to participate remotely without posting agendas at all teleconference locations, identifying all such locations in the agendas, or making each teleconference location open to the public in two specified circumstances: (1) "just cause" or (2) "emergency circumstances." "Just cause" means any of the following: (A) a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely; (B) a contagious illness that prevents a member from attending in person; (C) a need related to a physical or mental disability not otherwise accommodated by the agency's procedures for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the Americans with Disabilities Act; or (D) travel while on official business of the legislative body or another state or local agency. § 54953(j) (2). To participate remotely for just cause, a member must notify the legislative body "at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause." This notification must include a general description of the circumstances relating to their need to appear remotely at the given meeting. "Emergency circumstances" means a physical or family medical emergency that prevents a member from attending a meeting in person. § 54953(j)(1). To participate remotely due to emergency circumstances, the member must request the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body must take action to approve the request. § 54953(f) (2) (A) (ii). If the legislative body does not approve the request, the member may not participate via teleconference under AB 2449 at that meeting other than as a member of the public. The legislative body must request a general description of the circumstances relating to the member's need to appear remotely at the given meeting. A general description need not exceed 20 words and does not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law. A legislative body member should request to participate remotely at a meeting due to emergency circumstances as soon as possible, and a separate request is required for each meeting in which they seek to participate remotely. § 54953(f) (2) (A) (i) (1). The legislative body may approve such a request by a majority vote. §§ 54953(f) (2) (A) (i) (II); 54954.2(b) (4). If the request is received at least 72 hours before a regular meeting, the legislative body's action on the request should be included on the agenda. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting, the legislative body may take action at the beginning of the meeting. § 54953(f) (2) (A) (i) (II). There are strict limits on how often AB 2449 may be used for individual members. For "just cause," legislative members are only allowed to participate remotely up to two meetings per calendar year. Otherwise, legislative members may not participate solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the legislative body within a calendar Ralph M. Brown Act Page 8 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year. At the meeting before any action is taken, members of the legislative body participating remotely pursuant to AB 2449 must publicly disclose whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member's relationship with any such individuals. § 54953(f)(2)(B). Members must also participate through both audio and visual technology so that the public can remotely hear and visually observe them. § 54953(f)(2)(C). Local agencies relying on AB 2449 must follow certain requirements for noticing and conducting remote meetings similar to those required by AB 361. Meeting notices and agendas must identify the means by which members of the public may access the meeting and offer public comment. § 54953(f) (1) (B). Meeting agendas must identify and include an opportunity for all persons to attend and address the legislative body directly via a call -in option, via an internet-based service option, and at the in -person location of the meeting. § 54953(f) (1) (C). In the event of a disruption that prevents the legislative body 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 agency's control that prevents members of the public from offering public comments using the call -in option or internet-based service option, the legislative body may 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. § 54953(f) (1) (D). The legislative body may 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. § 54953(f)(1)(E). 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 9 © 2023 Richards, Watson & Gershon 2764673 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 amount of 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 amount of 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 regarding an item of business that is within the subject matter jurisdiction of the 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, Ralph M. Brown Act Page 10 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act 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. 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 Ralph M. Brown Act Page 1 1 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act thereby causing staff to shape or modify their ultimate recommendations in order to reconcile the views of a majority of the members, a violation might occur. • A legislative body member should not ask staff to describe the views of any other members of the legislative body, and staff should not volunteer those views if known. • 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. Ralph M. Brown Act Page 12 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act 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 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 Ralph M. Brown Act Page 13 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act 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 acquiring important information more difficult or time-consuming. Nevertheless, following them will help assure that your conduct comports with the Brown Act's goal of achieving open government. If you have questions about compliance with the Act in any given situation, you should seek advice from your city attorney or legal counsel. Adherence to the foregoing guidelines is not a substitute for securing advice from your legal counsel. VIII. NOTICE, AGENDA AND REPORTING REQUIREMENTS A. Time of Notice and Content of Agenda Two key provisions of the Brown Act which ensure the public's business is conducted openly are the requirements that legislative bodies publicly post agendas prior to their meetings, (§§ 54954.2, 54955, 54956 and 54957.5) and that no action or discussion may occur on items or subjects not listed on the posted agenda (§ 54954.2). The limited exceptions to the rule against discussing or taking action not on a posted agenda are discussed further below. Legislative bodies, except advisory committees and standing committees, are required to establish a time and place for holding regular meetings. § 54954(a). A "regular" meeting is a meeting that occurs on the legislative body's established meeting day. 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 Ralph M. Brown Act Page 14 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act 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 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 Ralph M. Brown Act Page 15 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act 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" (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 proposed adoption of a CEQA exemption or approval 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. G.I. Industries v. City of Thousand Oaks (2022) 84 Cal.App.5th 814. 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 in a publicly accessible area, including in some cases on the local agency's website, at least 24 hours prior to the meeting. § 54956(a). 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 Ralph M. Brown Act Page 16 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act 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 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(a) (3). 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. § 54954.2(b) (2). 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. § 54954.2(b) (1). For purposes of this exception, the term "emergency situation" refers to work stoppages or crippling disasters that severely impair public health, safety, or both. Assembly Bill 2449, discussed above, also allows a legislative body act at the beginning of a meeting on a request from a member to participate in a meeting remotely due to emergency circumstances pursuant to AB 2449 if the member's request to participate remotely does not allow sufficient time to place the proposed action on the posted agenda for the meeting for which the request is made. § 54953(f) (2) (A) (i) (II); § 54954.2(b)(4). The legislative body may approve such a request by a majority vote of the legislative body. § 54954.2(b)(4). In addition to the 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 Ralph M. Brown Act Page 17 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act • 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 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(c). 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)(3). 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 Act, 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 below in Section C (titled Limitations on the Length and Content of Public Comments). Ralph M. Brown Act Page 18 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act Some local agencies accomplish both public comment 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 leave 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 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(a). 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. § 54954.3(b). 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. § 54954.3(b)(2). 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. 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. Ralph M. Brown Act Page 19 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act 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 if the comments are disruptive, as described below. A legislative body also may adopt reasonable rules of decorum that preclude a speaker from disrupting, disturbing or otherwise impeding the orderly conduct of its meetings. § 54954.3(b). The right to publicly criticize a public official does not include the right to slander that official, though the line between criticism and slander is often difficult to determine in the heat of the moment. Care must be given to avoid violating the free speech rights of speakers by suppressing opinions relevant to the business of the legislative body. Finally, in some circumstances, the use of profanity may serve as a basis for stopping a speaker. It will depend, however, upon what profane words or comments are made and the context of those comments. Therefore, no one should be ruled out of order for profanity unless the language both is truly objectionable and causes a disturbance or disruption in the proceeding. The presiding officer of a legislative body may remove an individual from a meeting for actual disruptive behavior if they first warn the individual that their behavior is disruptive and that failure to cease their disruptive behavior could result in removal from the meeting. § 54957.95(a). Behavior is disruptive only if it actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting. § 54957.95(b)(1). Disruptive behavior may include noncompliance with the legislative body's established rules of decorum, such as speaking out of turn or exceeding established time limits on how long an individual can speak on a particular topic during public comment. § 54957.95(b) (1) (A). If the individual disrupting the meeting is using force or a true threat of force — meaning serious enough that a reasonable observer would perceive the threat to be an actual threat to use force by the person making the threat — they may be removed without a prior warning to cease their behavior. § 54957.95. 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 Ralph M. Brown Act Page 20 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act 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, 381 (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. There is a limited exception for certain supplemental materials to the requirement described above regarding making a writing distributed to a majority of the legislative body less than 72 hours in advance of a meeting immediately available for public inspection at a physical location. § 54957.5(b) (2) (B). The exception only applies to materials that are supplementing an initial staff report or similar document containing an executive summary and the staff recommendation, if any, relating to that agenda item that was made available for public inspection at the office or location designated at least 72 hours before the meeting. The exception allows the agency to make the materials available for public inspection the next business day commencing at least 24 hours in advance of the meeting during regular hours if the agency posts the materials on the agency's website immediately upon distributing them to the majority of the body, making it clear they relate to the item at the upcoming meeting, and the agenda posted for all meetings of the legislative body contains the agency's website address. We recommend that local agencies implement the following procedures to comply with Section 54957.5(b): • Place a binder at the agency's principal place of business next to the public counter agenda packet that identifies the contents as follows: "Disclosable public documents related to an open session agenda item on Ralph M. Brown Act Page 21 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act the Agenda Packet distributed by the [AGENCY] to a majority of the [LEGISLATIVE BODY] less than 72 hours prior to the meeting." • On the agenda template for all meetings, there should be a standard 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]." Agencies should make these documents available online to the greatest extent possible, 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. 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 Ralph M. Brown Act Page 22 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act report. §§ 54956.8, 54956.9, 54957, 54957.6, 54956.75. 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 the 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 1196, 1207 (2015). Audio recording of closed sessions is not required unless a court orders such recording after finding a closed session violation. § 54960. Closed sessions may be started in a location different from the usual meeting place as long as the location is noted on the agenda and the public can be present when the meeting first begins. Moreover, public comment on closed session items must be allowed before convening the closed session. After a closed session, the legislative body must reconvene the public meeting and publicly report certain types of actions if they were taken and the vote on those actions. § 54957.1. There are limited exceptions for specified litigation decisions and to protect the victims of sexual misconduct or child abuse. Contracts, settlement agreements or other documents that are finally approved or adopted in closed session must be provided at the time the closed session ends to any person who has made a standing request for all documentation in connection with a request for notice of meetings (typically members of the media) and to any person who makes a request within 24 hours of the posting of the agenda, if the requestor is present when the closed session ends. § 54957.1. One perennial area of confusion is whether a legislative body may discuss the salary and benefits of an individual employee (such as a city manager) as part of a performance evaluation session under Section 54957. It may not. However, the body may designate a negotiator or negotiators, such as two members of a five -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. Ralph M. Brown Act Page 23 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act 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. § 54960.1 (b). 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. § 54960.1 (c) (1). 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. § 54960.1 (c) (2). 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 (c). 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. § 54960.2(a). 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. § 54960.2(b). If the legislative agency responds with an unconditional commitment, that commitment must be approved by the legislative body in open session at a regular or special meeting as a separate item of business not on the consent calendar and must be in substantially the form set forth in Section 54960.2(c)(1). Also, a legislative body may resolve to rescind an unconditional commitment with proper notice to the public and to each person to whom the unconditional commitment was made. § 54960.2(e). 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 Ralph M. Brown Act Page 24 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act 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 25 © 2023 Richards, Watson & Gershon 2764673 PART TWO: THE RALPH M. BROWN ACT Updated including changes effective January 1, 2023 Ralph M. Brown Act Page 26 © 2023 Richards, Watson & Gershon 2764673 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 27 2764673 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 28 2764673 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 29 2764673 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 30 2764673 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. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following: (A) All votes taken during a teleconferenced meeting shall be by roll call. (B) The teleconferenced meetings shall be conducted 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. (C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (D) 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. Ralph M. Brown Act Page 31 2764673 Text of the Ralph M. Brown Act (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. 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). (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 (Division 10 (commencing with Section 7920.000) 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. Ralph M. Brown Act Page 32 2764673 Text of the Ralph M. Brown Act (e) (1) The legislative body of 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: (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) 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. (B) In the event of a disruption that prevents the legislative body 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 that prevents members of the public from offering public comments using the call -in option or internet-based service option, the legislative 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 that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (C) 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. (D) 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. Ralph M. Brown Act Page 33 2764673 Text of the Ralph M. Brown Act (E) (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: (A) The legislative body has reconsidered the circumstances of the state of emergency. (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) This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (f) (1) The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following: (A) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body: Ralph M. Brown Act Page 34 2764673 Text of the Ralph M. Brown Act (i) A two-way audiovisual platform. (ii) A two-way telephonic service and a live webcasting of the meeting. (B) 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. (C) The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call - in option, via an internet-based service option, and at the in -person location of the meeting. (D) In the event of a disruption that prevents the legislative body 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 that prevents members of the public from offering public comments using the call -in option or internet-based service option, the legislative 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 that prevents the legislative body 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. (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. (2) A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met: (A) One of the following circumstances applies: (i) The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year. Ralph M. Brown Act Page 35 2764673 Text of the Ralph M. Brown Act (ii) The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply: (1) A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely. (11) The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2. (B) The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member's relationship with any such individuals. (C) The member shall participate through both audio and visual technology. (3) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year. (g) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (h) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. Ralph M. Brown Act Page 36 2764673 Text of the Ralph M. Brown Act (i) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations. (2) Nothing in this section shall prohibit a legislative body from providing members of the public with additional physical locations in which the public may observe and address the legislative body by electronic means. (j) For the purposes of this section, the following definitions shall apply: (1) "Emergency circumstances" means a physical or family medical emergency that prevents a member from attending in person. (2) "Just cause" means any of the following: (A) A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. "Child," "parent," "grandparent," "grandchild," and "sibling" have the same meaning as those terms do in Section 12945.2. (B) A contagious illness that prevents a member from attending in person. (C) A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (g). (D) Travel while on official business of the legislative body or another state or local agency. (3) "Remote location" means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (f), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (4) "Remote participation" means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation. (5) "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). (6) "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. Ralph M. Brown Act Page 37 2764673 Text of the Ralph M. Brown Act (7) "Two-way audiovisual platform" means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (8) "Two-way telephonic service" means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate. (9) "Webcasting" means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. (k) 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, Ralph M. Brown Act Page 38 2764673 Text of the Ralph M. Brown Act 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 (Division 10 (commencing with Section 7920.000) 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. 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. Ralph M. Brown Act Page 39 2764673 Text of the Ralph M. Brown Act (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. (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. Ralph M. Brown Act Page 40 2764673 Text of the Ralph M. Brown Act Section 54954.1. Request for notice; Renewal; Fee Any person may request that a copy of the agenda, or a copy of all the documents constituting the agenda packet, of any meeting of 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 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 Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, to whom and when a request for disability -related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting. Ralph M. Brown Act Page 41 2764673 Text of the Ralph M. Brown Act (2) For a meeting occurring on and after January 1, 2019 of a legislative body of a city, county, city and county, special district, school district or political subdivision established by the state that has an Internet Web site, the following provisions shall apply: (A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu. (B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda management platform shall be posted in an open format that meets all of the following requirements: (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 Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met: (i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district or political subdivision established by the state. (ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district or political subdivision established by the state for all meetings occurring on or after January 1, 2019. (iii) The current agenda of the legislative body of a city, county, city and county, special district, school district or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform. Ralph M. Brown Act Page 42 2764673 Text of the Ralph M. Brown Act (iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii) and (iii) of subparagraph (B)• (D) For the purposes of this paragraph, both of the following definitions shall apply: (i) "Integrated agenda management platform" means an Internet Web site of a city, county, city and county, special district, school district or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school 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. (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). Ralph M. Brown Act Page 43 2764673 Text of the Ralph M. Brown Act (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. (4) To consider action on a request from a member to participate in a meeting remotely due to emergency circumstances, pursuant to Section 54953, if the request does not allow sufficient time to place the proposed action on the posted agenda for the meeting for which the request is made. The legislative body may approve such a request by a majority vote of the legislative body. (c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. (d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency's Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards: 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. (e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed. 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, Ralph M. Brown Act Page 44 2764673 Text of the Ralph M. Brown Act 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 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. Ralph M. Brown Act Page 45 2764673 Text of the Ralph M. Brown Act Section 54954.5. Description of closed session items For purposes of describing closed session items pursuant to Section 54954.2, the agenda may describe closed sessions as provided below. No legislative body or elected official shall be in violation of Section 54954.2 or 54956 if the closed session items were described in substantial compliance with this section. Substantial compliance is satisfied by including the information provided below, irrespective of its format. (a) With respect to a closed session held pursuant to Section 54956.7: LICENSE/PERMIT DETERMINATION Applicant(s): (Specify number of applicants) (b) With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: (Specify street address, or if no street address, the parcel number or other unique reference of the real property under negotiation) Agency negotiator: (Specify names of negotiators attending the closed session) (If circumstances necessitate the absence of a specified negotiator, an agent or designee may participate in place of the absent negotiator so long as the name of the agent or designee is announced at an open session held prior to the closed session.) Negotiating parties: (Specify name of party (not agent)) Under negotiation: (Specify whether instruction to negotiator will concern price, terms of payment or both) (c) With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: 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 Ralph M. Brown Act Page 46 2764673 Text of the Ralph M. Brown Act Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (Specify number of potential cases) (In addition to the information noticed above, the agency may be required to provide additional information on the agenda or in an oral statement prior to the closed session pursuant to paragraphs (2) to (5), inclusive of subdivision (e) of Section 54956.9.) Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (Specify number of potential cases) (d) With respect to every item of business to be discussed in closed session pursuant to Section 54956.95: LIABILITY CLAIMS Claimant: (Specify name unless unspecified pursuant to Section 54961) Agency claimed against: (Specify name) (e) With respect to every item of business to be discussed in closed session pursuant to Section 54957: THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: (Specify name of law enforcement agency and title of officer, or name of applicable agency representative and title) PUBLIC EMPLOYEE APPOINTMENT Title: (Specify description of position 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: Ralph M. Brown Act Page 47 2764673 Text of the Ralph M. Brown Act CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: (Specify names of designated representatives attending the closed session). (If circumstances necessitate the absence of a specified designated representative, an agent or designee may participate in place of the absent representative so long as the name of the agent or designee is announced at an open session held prior to the closed session) Employee organization: (Specify name of organization representing employee or employees in question) or Unrepresented employee: (Specify position title of unrepresented employee who is the subject of the negotiations) (g) With respect to closed sessions called pursuant to Section 54957.8: CASE REVIEW/PLANNING (No additional information is required in connection with a closed session to consider case review or planning) (h) With respect to every item of business to be discussed in closed session pursuant to Sections 1461, 32106 and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code: REPORT INVOLVING TRADE SECRET Discussion will concern: (Specify whether discussion will concern proposed new service, program or facility) Estimated date of public disclosure: (Specify month and year) HEARINGS 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) Ralph M. Brown Act Page 48 2764673 Text of the Ralph M. Brown Act (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: (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. Ralph M. Brown Act Page 49 2764673 Text of the Ralph M. Brown Act (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. (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 Ralph M. Brown Act Page 50 2764673 Text of the Ralph M. Brown Act 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. (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 Ralph M. Brown Act Page 51 2764673 Text of the Ralph M. Brown Act 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 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 Ralph M. Brown Act Page 52 2764673 Text of the Ralph M. Brown Act 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 Web site (a) A special meeting may be called at any time by the presiding officer of the legislative body of a local agency or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the local agency's Internet Web site, if the local agency has one. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the 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. Ralph M. Brown Act Page 53 2764673 Text of the Ralph M. Brown Act (c) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency's Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards: (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. (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. Ralph M. Brown Act Page 54 2764673 Text of the Ralph M. Brown Act (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 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 Ralph M. Brown Act Page 55 2764673 Text of the Ralph M. Brown Act 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 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 Ralph M. Brown Act Page 56 2764673 Text of the Ralph M. Brown Act 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 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 Ralph M. Brown Act Page 57 2764673 Text of the Ralph M. Brown Act 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: Litigation, to which the local agency is a party, has been initiated formally. (2) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. (3) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (2). (4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. (e) For purposes of paragraphs (2) and (3) of subdivision (d), "existing facts and circumstances" shall consist only of one of the following: (1) Facts and circumstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. (2) Facts and circumstances, including, but not limited to, an accident, disaster, incident or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced. (3) The receipt of a claim pursuant to the Government Claims Act (Division 3.6 (commencing with Section 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. Ralph M. Brown Act Page 58 2764673 Text of the Ralph M. Brown Act (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 (Division 10 (commencing with Section 7920.000) 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 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. Ralph M. Brown Act Page 59 2764673 Text of the Ralph M. Brown Act 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 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 Ralph M. Brown Act Page 60 2764673 Text of the Ralph M. Brown Act 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. 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. Ralph M. Brown Act Page 61 2764673 Text of the Ralph M. Brown Act 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. (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 Ralph M. Brown Act Page 62 2764673 Text of the Ralph M. Brown Act 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. 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. Ralph M. Brown Act Page 63 2764673 Text of the Ralph M. Brown Act (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 the claim and any monetary amount approved for payment and agreed upon by the claimant. (5) Action taken to appoint, employ, dismiss, accept the resignation of or otherwise affect the employment status of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which the closed session is held. Any report required by this paragraph shall identify the title of the position. The general requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any. (6) Approval of an agreement concluding labor negotiations with represented employees pursuant to Section 54957.6 shall be reported after the agreement is final and Ralph M. Brown Act Page 64 2764673 Text of the Ralph M. Brown Act has been accepted or ratified by the other party. The report shall identify the item approved and the other party or parties to the negotiation. (7) Pension fund investment transaction decisions made pursuant to Section 54956.81 shall be disclosed at the first open meeting of the legislative body held after the earlier of the close of the investment transaction or the transfer of pension fund assets for the investment transaction. (b) Reports that are required to be made pursuant to this section may be made orally or in writing. The legislative body shall provide to any person who has submitted a written request to the legislative body within 24 hours of the posting of the agenda, or to any person who has made a standing request for all documentation as part of a request for notice of meetings pursuant to Section 54954.1 or 54956, if the requester is present at the time the closed session ends, copies of any contracts, settlement agreements or other documents that were finally approved or adopted in the closed session. If the action taken results in one or more substantive amendments to the related documents requiring retyping, the documents need not be released until the retyping is completed during normal business hours, provided that the presiding officer of the legislative body or his or her designee orally summarizes the substance of the amendments for the benefit of the document requester or any other person present and requesting the information. (c) The documentation referred to in subdivision (b) shall be available to any person on the next business day following the meeting in which the action referred to is taken or, in the case of substantial amendments, when any necessary retyping is complete. (d) Nothing in this section shall be construed to require that the legislative body approve actions not otherwise subject to legislative body approval. (e) No action for injury to 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. 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 (Division 10 (commencing with Section 7920.000) 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. Ralph M. Brown Act Page 65 2764673 Text of the Ralph M. Brown Act (b) An elected legislative body of a local agency may require that each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body keep a minute book as prescribed under subdivision (a). Section 54957.5. Agendas and other writings as public records (a) Agendas of public meetings are disclosable public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and shall be made available upon request without delay and in compliance with Section 54954.2 or Section 54956, as applicable. However, this section shall not apply to a writing, or portion thereof, that is exempt from public disclosure. (b) (1) If a writing is a public record related to an agenda item for an open session of a regular meeting of the legislative body of a local agency and is distributed to all, or a majority of all, of the members of a legislative body of a local agency by a person in connection with a matter subject to a discussion or consideration at an open meeting of the body less than 72 hours before 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) Except as provided in subparagraph (B), a local agency shall comply with both of the following requirements: (i) 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. (ii) A local agency shall list the address of the office or location designated pursuant to clause (i) on the agendas for all meetings of the legislative body of that agency. (B) A local agency shall not be required to comply with the requirements of subparagraph (A) if all of the following requirements are met: (i) An initial staff report or similar document containing an executive summary and the staff recommendation, if any, relating to that agenda item is made available for public inspection at the office or location designated pursuant to clause (i) of subparagraph (A) at least 72 hours before the meeting. (ii) The local agency immediately posts any writing described in paragraph (1) 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. (iii) The local agency lists the web address of the local agency's internet website on the agendas for all meetings of the legislative body of that agency. (iv) (1) Subject to subclause (11), the local agency makes physical copies available for public inspection, beginning the next regular business hours Ralph M. Brown Act Page 66 2764673 Text of the Ralph M. Brown Act for the local agency, at the office or location designated pursuant to clause (i) of subparagraph (A). (II) This clause is satisfied only if the next regular business hours of the local agency commence at least 24 hours before that meeting. (c) Writings that are public records described in subdivision (b) and distributed during a public meeting shall be made available for public inspection at the meeting if prepared by the local agency or a member of its legislative body, or after the meeting if prepared by some other person. These writings shall be made available in appropriate alternative formats upon request by a person with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof. (d) This chapter shall not be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 7922.530, 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 (Division 10 (commencing with Section 7920.000) of Title 1), including, but not limited to, the ability of the public to inspect public records pursuant to Section 7922.525 and obtain copies of public records pursuant to either subdivision (b) of Section 7922.53 or Section 7922.535. 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. Ralph M. Brown Act Page 67 2764673 Text of the Ralph M. Brown Act Closed sessions with the local agency's designated representative regarding the salaries, salary schedules or compensation paid in the form of fringe benefits may include discussion of an agency's available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agency's designated representative. Closed sessions held pursuant to this section shall not include final action on the proposed compensation of one or more unrepresented employees. For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings. (b) For the purposes of this section, the term "employee" shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body or other independent contractors. Section 54957.7. Disclosure of items to be discussed at closed session (a) Prior to holding any closed session, the legislative body of the local agency shall disclose in an open meeting, the item or items to be discussed in the closed session. The disclosure may take the form of a reference to the item or items as they are listed by number or letter on the agenda. In the closed session, the legislative body may consider only those matters covered in its statement. Nothing in this section shall require or authorize a disclosure of information prohibited by state or federal law. (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 Ralph M. Brown Act Page 68 2764673 Text of the Ralph M. Brown Act case records of any ongoing criminal investigation of the multijurisdictional law enforcement agency or of any party to the joint powers agreement, to hear testimony from persons involved in the investigation and to discuss courses of action in particular cases. Section 54957.9. Authorization to clear room where meeting willfully interrupted; Readmission In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. Section 54957.95 Removal of Disruptive Individuals (a) (1) In addition to authority exercised pursuant to Sections 54954.3 and 54957.9, the presiding member of the legislative body conducting a meeting or their designee may remove, or cause the removal of, an individual for disrupting the meeting. (2) Prior to removing an individual, the presiding member or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding member or their designee may then remove the individual if they do not promptly cease their disruptive behavior. This paragraph does not apply to any behavior described in subparagraph (B) of paragraph (1) of subdivision (b). (b) As used in this section: (1) "Disrupting" means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following: (A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law. (B) Engaging in behavior that constitutes use of force or a true threat of force. (2)"True threat of force" means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat. Ralph M. Brown Act Page 69 2764673 Text of the Ralph M. Brown Act 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. (2) The audio recordings shall be subject to the following discovery procedures: Ralph M. Brown Act Page 70 2764673 Text of the Ralph M. Brown Act (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, 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. Ralph M. Brown Act Page 71 2764673 Text of the Ralph M. Brown Act (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 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. Ralph M. Brown Act Page 72 2764673 Text of the Ralph M. Brown Act (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 73 2764673 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 74 2764673 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 75 2764673 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 76 2764673 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 77 2764673 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 APPENDIX B SUMMARY OF PUBLIC RECORDS LAWS (11) Public Records Act o HANDBOOK rI4 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, 2023 Table of Contents INTRODUCTION................................................................................................................................................ii PART ONE. COMPLIANCE WITH THE PUBLIC RECORDS ACT.............................................................1 I. WHAT IS THE PUBLIC RECORDS ACT?.................................................................2 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„.........................................................................4 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?...........................................................8 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?......................................................................30 XI. WHAT ARE THE PENALTIES FOR FAILURE TO COMPLY WITH THE PUBLIC RECORDS ACT?......................................................................................33 X11. CONCLUSION.......................................................................................................34 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 © 2023 Richards, Watson & Gershon 2769535 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 ii © 2023 Richards, Watson & Gershon 2769535 PART ONE. COMPLIANCE WITH THE PUBLIC RECORDS ACT //RWG Public Records Act Page 1 © 2023 Richards, Watson & Gershon 2769535 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) (1). 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 § 7921.000. California's Public Records Act is a key part of the philosophy that government at all levels in this State must be open and accessible to all., Under the Public Records Act, a local government agency must disclose virtually any public document; only a statutory exemption or a need for confidentiality that clearly outweighs the public's right to access will legally justify withholding a public document. The purpose of this Handbook is to provide a general overview of the Public Records Act and recent amendments to it, along with a general road map for compliance. Pursuant to AB 473, operative January 1, 2023, the Public Records Act has been reorganized and recodified in new Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. While the Public Records Act has been recodified, the substance of the Public Records Act has not materially changed. The legislature specifically noted that its intent was not to substantively change the law, and revisions to the Public Records Act are intended to be entirely nonsubstantive in effect.2 Additionally, cases interpreting the former Code sections may be used to analyze the equivalent recodified sections. This Handbook addresses the questions most frequently asked of us by our local government clients. I Rogers v. Superior Ct. (City of Burbank), 19 Cal. App. 4th 469 (2 Dist. 1993). 2 Gov't Code §7920.100 Public Records Act Page 1 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act I. WHAT IS THE PUBLIC RECORDS ACT? The Public Records Act is a California statute that affords the public the right to inspect, and obtain a copy of, most of the information retained by State and local agencies in the course of business. The Public Records Act regulates the public's access to records and sets out the specific statutory circumstances under which particular records need not be disclosed. The Public Records Act states that public records are open to inspection at all times during the office hours of a local agency.3 The California Constitution also guarantees that public records are open to public scrutiny.4 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.5 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.6 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.$ A "person" need not be a citizen of California or of the United States to make use of the Public Records Act.9 A local agency must supply an exact copy of the record on request, unless it is "impracticable" to make an exact copy.10 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 3 Gov't Code § 7922.525. 4 CAL. CoNST. art. I, § 3(b)(1). 5 CAL. CoNST. art. I, § 3(b) (2). 6 Gov't Code §§ 7922.525, 7922.530(a). 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 § 7922.530(b). 7 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). B 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 a school district relating to a school construction project). 9 Gov't Code § 7920.520; Connell v. Superior Court (Intersource, Inc.), 56 Cal. App. 4th 601 (3 Dist. 1997). 10 Gov't Code § 7922.530(a). Public Records Act Page 2 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act complete copy of that document reasonably possible.11 Any reasonably segregable portion must be made available after deletion of any portion exempt from disclosure.12 The requirements of the Public Records Act are the minimum standards which must be met by local agencies. The Public Records Act specifically provides that agencies may adopt procedures to allow greater access to records, except where the law otherwise prohibits access.13 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.14 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.15 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.16 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.17 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 11 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). 12 Gov't Code § 7922.525. 13 Gov't Code § 7922.505. It is unclearwhether 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). 14 LAPD v. Superior Court (Church of Scientology), 65 Cal. App. 3d 661, 668 (2 Dist. 1977). 15 Poway Unified Sch. Dist. v. Superior Court (Copley Press), 62 Cal. App. 4th 1496 (4 Dist. 1998). 16 5 U.S.C. § 552 et seq. 17 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). Public Records Act Page 3 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act certain non-profit organizations of local agencies which are supported by public funds.18 V. WHAT ARE "PUBLIC RECORDS?" The Public Records Act defines "public records" as follows: Public records includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or 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.19 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.20 Note, however, that computer software developed by a local agency is not a "public record" subject to the Public Records Act.21 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.22 18 Gov't Code § 7920.510. The Public Records Act also applies to charter schools and entities managing charter schools. Ed. Code § 47604.1. 19 Gov't Code § 7920.530 and 7920.545. 20 Gov't Code § 7922.570 For further discussion of the exception to this rule, see Part Two. Electronic Records, Section II.B. "Metadata" of this Handbook. 21 Gov't Code § 7922.585. 22 Based upon the definition of "writing," Gov't Code § 7920.545, and the requirement that a requested record be "identifiable," Gov't Code § 7922.530(a); See also Sander v. State Bar of California, 26 Cal. App. 5th 651, 665-66 (1 Dist. Public Records Act Page 4 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act 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."23 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 substantive way to the conduct of the public's business.24 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.25 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.26 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."27 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.28 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.29 In Community Youth Athletic 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). 23 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). 24 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 § 7920.530. 25 San Gabriel Tribune, 143 Cal. App. 3d at 774. 26 City of San Jose, 2 Cal. 5th at 618. 27 Gov't Code § 7920.530. 28 Gov't Code § 7922.535. City of San Jose, 2 Cal. 5th at 623. 29 Consolidated Irrigation District v. Superior Court (City of Selma), 205 Cal. App. 4th 697, 709-1 1 (5 Dist. 2012); Community Youth Athletic Center v. City of 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). Public Records Act Page 5 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act 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.30 The court held that the City had an obligation "to make reasonable efforts to facilitate the location and release of the information."31 The City's failure to assert its contractual right to obtain the record from the consultant violated the Public Records Act.32 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, 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.33 Similarly, in Consolidated Irrigation District v. Superior Court, the court found that the City had no control over a sub -consultant's records.34 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.35 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.36 Likewise, the 30 Community Youth Athletic Center, 220 Cal. App. 4th at 1428. 31 Id. at 1429. 32 Id. 33 Anderson -Barker v. Superior Court (City of Los Angeles), 31 Cal. App. 5th 528 (2 Dist. 2019). 34 Consolidated Irrigation District, 205 Cal. App. 4th at 711. 35 Gov't Code § 7922.545. 36 Gov't Code § 7922.600. Further discussion of these procedural requirements is in Section X, below. Public Records Act Page 6 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act 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.37 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 requests return a significant number of responsive records, courts have held that agencies must process the request.38 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.39 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.40 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.41 37 Community Youth Athletic Center v. National City, 220 Cal. App. 4th 1385, 1427 (4 Dist. 2013). 38 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). 39 Gov't Code § 7921.010(a). 40 Gov't Code § 7921.005. 41 Gov't Code § 7928.700. Public Records Act Page 7 © 2023 Richards, Watson & Gershon 2769535 Part One: Comoliance with the Public Records Act Vill. 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.42 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.43 However, the right to inspect public records is subject to the implied rule of reason that enables the custodian of public records to formulate regulations necessary to prevent interference with the orderly functioning of the agency's office.44 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.45 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.46 42 Los Angeles Times v. Alameda Corridor Transp. Authority, 88 Cal. App. 4th 1381, 1392 (2 Dist. 2001). 43 Galbiso v. Orosi Public Utility District, 167 Cal. App. 4th 1063, 1088-89 (5 Dist. 2008). 44 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). 45 Gov't Code § 7921.505. 46 Black Panther Party v. Kehoe, 42 Cal. App. 3d 646, 658 (3 Dist. 1974). Public Records Act Page 8 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act 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.47 The California Supreme Court held that a public agency's inadvertent disclosure resulting from human error does not waive an exemption.48 In Ardon v. City of Los Angeles, the City of Los Angeles inadvertently disclosed several attorney -client and attorney work product documents in response to a PRA request. The requester was an attorney actively involved in pending litigation against the City.49 After becoming aware of the inadvertent disclosure, the City filed a motion in court seeking the return of the privileged materials.50 The California Supreme Court held that the Public Records Act's waiver provision51 applied only to intentional and not inadvertent disclosure.52 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."53 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.54 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.55 The court may not agree with the public agency's assertion that the 47 Gov't Code § 7921.505. Additional exceptions apply to specific state agencies. 48 Ardon v. City of Los Angeles, 62 Cal. 4th 1 176 (2016). 49 Ardon, 62 Cal. 4th at 1 180-82. 50 Id. at 1 181 . 51 Gov't Code § 7921.505. 52 Ardon, 62 Cal. 4th at 1180. 53 Id. at 1 185-86. 54 See Newark Unified School District v. Superior Court (Brazil), 245 Cal. App. 4th 887 (1 Dist. 2015). 55 Id. at 910. Public Records Act Page 9 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act 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.56 Further, the California Supreme Court emphasized that a public agency's own characterization of its intent is not dispositive.57 The best practice continues to be to complete a thorough review before releasing responsive records. B. Statutory Exemptions for Confidential Records The following is a list of the statutory exemptions. This list is not exhaustive. (1) Public agency employees' personal information. Gov't Code § 7928.300. 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 disclosable 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.58 56 Ardon, 62 Cal. 4th at 1190. 57 Id. 58 Gov't Code § 7922.200. 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. Public Records Act Page 10 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act (2) Referendum, recall and initiative petitions, ballots and related material. Gov't Code §§ 7924.100-7924.1 10. 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.59 (3) The identity of persons who have requested bilingual ballots or ballot pamphlets. Gov't Code § 7924.005. Election -related information revealing the identity of people who have requested bilingual ballots or ballot pamphlets or other related data that would 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 § 7927.500. 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.60 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. 59 Elec. Code §§ 15370 and 17301; Citizens Oversight, Inc. v. Vu, 35 Cal. App. 5th 612, 619-20 (4 Dist. 2019). 60 Gov't Code § 7927.500. Public Records Act Page 1 1 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act 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,61 and the public interest in nondisclosure clearly outweighs the public interest in disclosure. If the document qualifies under all four categories above, the document probably is exempt from disclosure under the Public Records Act. Documents that do not satisfy one or more of the categories above probably are public records that must be disclosed unless another exemption applies. You should keep in mind, however, that any doubt or question in this regard likely will be decided in favor of disclosure of the record. 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."62 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.63 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 7927.500. 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 7927.500. 61 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 7927.500). 62 Id. at 714. 63 Id. at 714 n.7. Public Records Act Page 12 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act (5) Records pertaining to pending litigation to which the agency is a party. Gov't Code § 7927.200. Under this exemption, records actually created by an agency for its own use in litigation are exempt from disclosure under the Public Records Act.64 Previously created or disclosed records may not be retroactively re-classified as being exempt under this Section.65 Generally, courts will examine the "dominant purpose" behind the document's creation.66 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.67 Thus, while documents created prior to the commencement of litigation appear to receive greater scrutiny to determine their dominant purpose, the exemption can apply to documents created before litigation has commenced, that is, before a claim has been made with the local agency under the Government Claims Act or a complaint filed with a court. Once litigation is concluded, however, the exemption will no longer apply.68 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.69 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 "[f]here is no unfair disadvantage [in the pending litigation] to the public entity from disclosure of the mere claim form."70 64 Fairley v. Superior Court (City of Long Beach), 66 Cal. App. 4th 1414, 1421-22 (2 Dist. 1998). 65 City of Hemet v. Superior Court (Press -Enterprise Co.), 37 Cal. App. 4th 1411, 1420 & n.1 1 (4 Dist. 1995). 66 Fairley, 66 Cal. App. 4th at 1420 67 Id. at 1421 . 68 Gov't Code § 7927.200 (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). 69 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. 70 Poway Unified Sch. Dist. v. Superior Court (Copley Press, Inc.), 62 Cal. App. 4th 1496, 1505 (4 Dist. 1998). Public Records Act Page 13 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act (6) Personnel, medical, or similar records. Gov't Code §§ 7927.700; 7928.300. When the disclosure of personnel,71 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.72 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.73 Courts have recognized the privacy interest implicated by records of employee misconduct and wrongdoing.74 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 in the matters of his [or her] public employment."75 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 an exemption.76 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.77 71 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). 72 Versaci v. Superior Court (Palomar Cmty. Coll. Dist.), 127 Cal. App. 4th 805, 818-820 (4 Dist. 2005). 73 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). 74 Associated Chino Teachers, 30 Cal. App. 5th at 541. 75 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). 76 Gov't Code § 7928.400. 77 Penal Code §§ 832.7, 832.8. Public Records Act Page 14 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act 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.),78 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.79 With regard to peace officers, the Supreme Court rejected the police union's argument that Penal Code Sections 832.7 and 832.8 bar disclosure of the amount of a peace officer's salary.80 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.81 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.82 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.83 The Court, however, left open the possibility that a public entity may, on a case -by -case basis, decline to 78 International Federation, 42 Cal. 4th 319 (2007). 79 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. 80 Id., at 343. 81 Id. 82 Id. at 336. 83 Id. at 336-37. Public Records Act Page 15 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act 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.84 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.85 (7) Arrest records, complaint reports, investigatory, and security files. Gov't Code §§ 7923.600-7923.630. This exemption strictly limits the information required to be disclosed about arrests, complaints and investigations.86 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 84 Commission on Peace Officer Standards and Training v. Superior Court (Los Angeles Times Communications LLC), 42 Cal. 4th 278 (2007). 85 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). 86 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 7923.600 et seq. "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. Public Records Act Page 16 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act definite prospect of criminal law enforcement proceedings."87 This exemption extends indefinitely, even after investigations are concluded.$$ In most cases, agencies are required to disclose to the public89 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.90 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.91 Further, this disclosure is not required where it would endanger the safety of a person involved in an investigation or jeopardize the successful completion of the pending investigation or a related investigation. In all cases, the address of a victim of an alleged sex offense or human trafficking offense must be withheld.92 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 § 7923.615 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 87 Dixon v. Superior Court (Neves), 170 Cal. App. 4th 1271, 1277 (3 Dist. 2009) (internal quotation omitted). 88 Rackauckas v. Superior Court (Los Angeles Times Communications), 104 Cal. App. 4th 169, 174-178 (4 Dist. 2002). 89 Sections 7923.600-7923.630 also authorize 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. 90 Pasadena Police Officers Association v. City of Pasadena, 22 Cal. App. 5th 147 (2 Dist. 2018). 91 Penal Code § 841.5. 92 Penal Code § 293. Public Records Act Page 17 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act private investigator.93 This requirement, however, may have limited applicability given the outcome of litigation by United Reporting Publishing Corporation against the California Highway Patrol.94 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.95 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. • 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. 93 Gov't Code § 7923.620. 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). 94 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) (now § 7923.620) 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."). 95 89 Ops. Cal. Atty Gen. 97 (2006). Public Records Act Page 18 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act • 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.96 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 created the records.97 These requirements also apply to records created prior to 2019 if a public records request is submitted after January 1, 2019.98 Note, however, that the catchall exemption to disclosure under the Public Records Act (Government Code section 7922.540), 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.99 96 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). 97 Becerra v. Superior Court of City & Cty. of San Francisco, 44 Cal. App. 5th 897 (1 Dist. 2020) review denied (May 13, 2020) . 98 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). 99 Becerra, 44 Cal. App. 5th at 927-929. Public Records Act Page 19 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act 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.loo 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 Act.1o, 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 § 7925.000. 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 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 §7927.100. 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. ioo Gov't Code § 7923.625. 101 Penal Code § 13650. Public Records Act Page 20 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act (10) Records exempt from disclosure under other laws including, but not limited to, the Evidence Code sections relating to privilege. Gov't Code § 7927.705. 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.102 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.103 The Court reasoned that such invoices are so closely related to attorney -client communications that they may reveal legal strategy or consultation. The Court emphasized, however, that the attorney -client privilege does not categorically shield everything in a billing invoice from PRA disclosure. This case also reaffirms the principle that the Public Records Act does not permit public agencies to withhold an entire document that contains both exempt and nonexempt information. On this point, the Supreme Court ruled that agencies must "use the equivalent of a surgical scalpel to separate those portions of a record subject to disclosure from privileged portions" unless records are not "reasonably segregable."104 Further, the Court stressed that any ambiguity must be construed in "whichever way will further the people's right of access."105 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 102 Roberts v. City of Palmdale, 5 Cal. 4th 363, 377 (1993). 103 Los Angeles County Board of Supervisors v. Superior Court (ACLU of Southern California), 2 Cal. 5th 282 (2016). 104 Id. at 292. 105 Id. (citing Ardon v. City of Los Angeles, 62 Cal. 4th 1176, 1 190 (2016), and Cal. Const., art. I, § 3, subd. (b) (2)). Public Records Act Page 21 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act provide any insight into legal strategy.106 Whether or not any particular fee total must be disclosed is a factual inquiry for the trial court.107 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.108 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.109 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.110 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 7927.705 to documents 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.,11 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 Iaws.112 The list now begins at Government Code Section 7930.005 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. 106 County of Los Angeles v. Superior Court, 12 Cal. App. 5th 1264, 1274 (2 Dist. 2017). 107 Id. 108 Citizens for Ceres v. Superior Court (City of Ceres), 217 Cal. App. 4th 889, 922 (5 Dist. 2013). 109 Id. at 914-921 . 110 Golden Door Properties, LLC v. Superior Court of Son Diego County, 53 Cal. App. 5th 733, 755-756 (4 Dist. 2020), review denied (Nov 10, 2020). 111 Labor & Workforce Dev. Agency v. Superior Court, 19 Cal. App. 5th 12 (3 Dist. 2018). 112 Stats. 1997, c. 620 (S.B. 143- Kopp). Public Records Act Page 22 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act (11) Personal financial information required of licensees. Gov't Code § 7925.005. 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.113 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 7925.005. (12) Terrorist assessment reports. Gov't Code § 7929.200. 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. (13) Voter registration information. Gov't Code § 7924.000. 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.114 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 7924.000 of the Government 113 San Gabriel Tribune v. Superior Court (City of West Covina), 143 Cal. App. 3d 762, 779-780 (2 Dist. 1983). 114 Elec. Code § 2194(b)(1). Public Records Act Page 23 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act Code must be made available to the public if the information is at least one hundred years old.115 (14) Utility customer information. Gov't Code § 7927.410. The name, credit history, utility usage data, home address, and telephone number of utility customers of local agencies are exempt from disclosure, except in certain circumstances. This information may be disclosed to authorized family members of the person to whom the information pertains or his or her agent, to an officer or employee of another governmental agency when necessary to perform official duties, or upon court order or the request of law enforcement for an ongoing investigation. In addition, the information may be disclosed if the utility customer has used the utility services in a manner inconsistent with applicable local utility usage policies. If the utility customer is a public official with authority to determine utility usage policies, the information may be disclosed except that the home address of an appointed official may not be disclosed without the official's consent. Lastly, the information may be disclosed if the public interest in disclosure of the information clearly outweighs the public interest in nondisclosure . (15) Unauthorized Internet posting of officials' addresses and telephone numbers. Gov't Code §§ 7928.205 - 7928.230 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 > > 5 Elec. Code § 2194.1. Public Records Act Page 24 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act removed or is posted again during the four years that the written demand is in effect.116 (16) Social Security Numbers. Gov't Code § 7922.200. Local agencies must redact social security numbers from records before disclosing them to the public. (17) Records and Information of the Controller Obtained pursuant to the Unclaimed Property Law. Gov't Code § 7527.425 and 7925.015 AB 2280 amended the Public Records Act to exempt records and information of the Controller obtained pursuant to the Unclaimed Property Law. This exempts records that the Controller and any third -party auditors obtain as a result of an examination of records pursuant to Section 1571 of the Code of Civil Procedure, other than records of property that should have been reported to the Controller as unclaimed property. It also exempts records related to statements of personal worth or personal financial data, including, but not limited to, wills, trusts, account statements, earnings statements, or other similar records and personal information as defined by Section 1798.3 of the Civil Code, (18) General public interest exemption. Gov't Code § 7922.540. 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.,17 The numerous cases examining this "balancing test" make it clear that the burden is on the local agency to show that the public interest in confidentiality outweighs the public interest in disclosure. In fact, given the public policy involved, courts demand a demonstration of "clear overbalance" to justify non-disclosure.,18 116 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). 117 Gov't Code § 7922.000 and 7922.540. 118 City of Hemet, 37 Cal. App. 4th at 1421; see also Black Panther Party, 42 Cal. App. 3d at 657. Public Records Act Page 25 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act 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.119 The right of privacy may provide a basis to shield disclosure of information under Government Code Section 7922.540. 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.12o The unaltered license plate scan data consisted of the plate number, date, time, and location information of each license plate record.121 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. 122 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.123 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.124 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 of the public can better avoid COVID-19 infection if he or she knows of the particular locations where outbreaks occurred.125 119 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). 120 American Civil Liberties Union Foundation v. Superior Court, 3 Cal. 5th 1032, 1043-1044 (2017). 121 Id. at 1043. 122 Id. at 1044. 123 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). 124 Id. at 692-693. 125 Id. Public Records Act Page 26 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act 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,126 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.127 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"128 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.129 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."130 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 OQ131 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 7922.540 may apply to records that are 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 126 Times Mirror Co. v. Superior Court (State of California), 53 Cal. 3d 1325 (1991). 127 Id. at 1344-46. 128 Gov't Code § 7928.000. 129 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. 130 Rogers v. Superior Court (City of Burbank), 19 Cal. App. 4th 469 (2 Dist. 1993). 131 44 Cal. App. 5th 897 (1 Dist. 2020). Public Records Act Page 27 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act 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.)132 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.133 • Copley Press, Inc. v. Superior Court (M.P.R. - a minor)134 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/ock135 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)136 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. 132 56 Cal. App. 4th 601 (3 Dist. 1997). 133 Government Code section 7921.300 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." 134 63 Cal. App. 4th 367 (4 Dist. 1998). 135 42 Cal. 3d 646 (1986). 136 154 Cal. App. 3d 332 (5 Dist. 1984). Public Records Act Page 28 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act • Humane Society of U.S. v. Superior Court (The Regents of the University of California)137 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."138 • Los Angeles Unified School District v. Superior Court (Los Angeles Times) 139 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) 140 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.141 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 137 214 Cal. App. 4th 1233 (3 Dist. 2013). 138 Id. at 1263. 139 228 Cal. App. 4th 222 (2 Dist. 2014). 140 59 Cal. 4th 59 (2014). 141 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 29 © 2023 Richards, Watson & Gershon 2769535 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 Sections 7922.525 et seq. 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;142 • The request does not reasonably describe an identifiable record;143 • The request would require the agency to create new records not currently in existence; or144 • The request seeks records which are exempt from disclosure.145 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.146 142 Gov't Code § 7922.525. 143 Gov't Code § 7922.530(a). 144 Based upon the definition of "writing," Gov't Code § 7920.545, and the requirement that a requested record be "identifiable," Gov't Code § 7922.530(a). See note 22. 145 Gov't Code § 7922.530(a). 146 Gov't Code § 7922.525. Public Records Act Page 30 © 2023 Richards, Watson & Gershon 2769535 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;147 • The need to search for, collect, and examine a voluminous amount of separate and distinct records demanded in a single requesl;148 • 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 requesl;149 or • The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data.l5o 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.151 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;152 • 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);153 147 Gov't Code § 7922.535(c) (1). 148 Gov't Code § 7922.535(c) (2). 149 Gov't Code § 7922.535(c) (3). 150 Gov't Code § 7922.535(c) (4). 151 Gov't Code § 7922.535(b). 152 Gov't Code § 7922.535(a). 153 Gov't Code § 7922.535(a). Public Records Act Page 31 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act • 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;154 • The name and title or position of the person responsible for the denial;155 • 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.156 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.157 • The option to inspect the requested records at a mutually convenient time during office hours.158 • 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.159 • 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 website.160 154 Gov't Code §§ 7922.540, 7922.535. 155 Gov't Code §7922.540(b). 156 Gov't Code § 7922.530(a); North County Parents Organization v. Dep't of Education, 23 Cal. App. 4th 144 (4 Dist. 1994). 157 Gov't Code § 7922.575 ; 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). 158 Gov't Code § 7922.525. 159 Gov't Code §7922.530(c). However, Health and Safety Code Section 19851 provides separate procedures for obtaining duplicates of official copies of building plans. 160 Gov't Code §7922.545. Public Records Act Page 32 © 2023 Richards, Watson & Gershon 2769535 Part One: Comoliance with the Public Records Act D. In addition to the above requirements, if the local agency determines that the request should be denied and the reason for the denial is not solely because of a statutory exemption, the agency must also: • Assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request, if stated;161 • Describe the information technology and physical location in which the records exist;162 • Provide suggestions for overcoming any practical basis for denying access to the records or the information sought.163 Alternatively, a local agency may forego these requirements if it instead makes available an index of the record.164 E. Upon payment of the cost of duplication, the agency must make the records "promptly available."165 F. Please note that the agency may not use this procedure to "delay or obstruct the inspection or copying" of public records.166 G. The local agency may provide guidelines for "faster, more efficient, or greater" access to records than provided by the Act.167 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.168 However, if a person requesting public records believes records have been improperly withheld, he or 161 Gov't Code § 7922.600. 162 Gov't Code § 7922.600. 163 Gov't Code § 7922.600. 164 Gov't Code § 7922.605. 165 Gov't Code § 7922.530(a). 166 Gov't Code § 7922.500. 167 Gov't Code § 7922.505. 168 County of Santa Clara v. Superior Court (Naymark), 171 Cal. App. 4th 119, 130 (6 Dist. 2009). Public Records Act Page 33 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act she may ask a court to compel a local agency to disclose the records.169 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.170 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.171 The production of just one document can be sufficient to trigger an award of costs and fees.172 In the past, where the court determined the litigation was not what ultimately motivated the release of records, costs and fees were denied.173 One court held that an award of attorneys' fees was appropriate even though no additional records were produced as a result of the lawsuit.174 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 critical to seek the advice of counsel if there is any question as to the appropriate course of action. 169 Gov't Code §§ 7923.000 and 7923.005; see also Stevenson v. City of Sacramento, 55 Cal. App. 5th 545 (3 Dist. 2020) (appellant seeking injunctive relief under Gov't Code § 6258 [now §§ 7923.000 and 7923.005] 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). 170 Gov't Code §7923.115. 171 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). 172 Los Angeles Times, 88 Cal. App. 4th at 1392. 173 Id. at 1391; Crews v. Willows Unified School District, 217 Cal. App. 4th 1368, 1381-82 (3 Dist. 2013). 174 Galbiso v. Orosi Public Utility District, 167 Cal. App. 4th 1063, 1086-1089 (5 Dist. 2008). Public Records Act Page 34 © 2023 Richards, Watson & Gershon 2769535 PART TWO. ELECTRONIC RECORDS Public Records Act Page 35 © 2023 Richards, Watson & Gershon 2769535 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.15 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 § 255.16 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.177 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 by electronic mail or facsimile, and every other means of recording upon any 15 Aguimatang v. California State Lottery, 234 Cal. App. 3d 769 (3 Dist. 1991). 176 Id. at 798. 177 People v. Martinez, 22 Cal. 4th 106 (2000). Public Records Act Page 36 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records 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." 178 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." 19 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.180 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 at the Public Records Act requirements for disclosure of other types of electronic records, including Geographic Information Systems. 178 Stats. 2002, c. 945 (A.B. 1962—Hollingsworth) (amending Gov't Code § 6252 and Evid. Code § 250). 179 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)). 180 Fed. R. Civ. P. 26. Public Records Act Page 37 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records The discussion then turns to other concerns raised by electronic records, including litigation discovery and metadata. We close with a discussion of city websites, including some of the legal issues that a public entity should consider when establishing and running a website. I. EMAIL Given that email can be a public record under Government Code Section 7920.545, 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."181 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 7920.530.182 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.183 The court suggested examining the content and context of the email, the purpose for which it was written and to whom, and whether the email was prepared by an employee purporting to act within the scope of his or her employment.184 181 Gov't Code § 7920.530(a). 182 City of San Jose, 2 Cal. 5th 608, 618-19. 183 Id. at 618. 184 Id. Public Records Act Page 38 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records (2) Emails Sent or Received Using Personal Devices and Personal Accounts Staff frequently asks whether emails sent or received on a nongovernmental account (such as personal 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.185 In City of San Jose v. Superior Court, a request for 32 categories of public records was filed with the City of San Jose.186 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.187 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 7920.530 definition of "public records," and because neither employees nor officials are included within the governmental entities listed in the definition of "local agency" under Section 7920.510.188 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.189 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."190 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.191 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 185 Id. at 629. 186 Id. at 614. 187 Id. at 615. 188 Id. at 619-20. 189 Id. at 620-21. 190 Id. at 624. 191 Id. at 627-29. Public Records Act Page 39 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records or officials that pertain to the public's business.192 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.193 A local agency may then reasonably rely on those individuals "to search their own personal files, accounts and devices for responsive material."194 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.195 Such an approach also strikes "an appropriate balance" with the individual's right of privacy in their personal affairs.196 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.197 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.198 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 properly search their private, nongovernmental computers and smartphones, when necessary.199 192 Id. at 628. 193 Id. 194 Id. 195 Id. 196 Id. 197 Id. at 618. 198 Id. at 627. 199 Private, nongovernmental devices should never be seized by the agency, or accessed without the employee's consent, even if the agency believes the device contains material responsive to a PRA request. Public Records Act Page 40 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records 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."too 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.2o1 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.202 It is sometimes referred to as the "executive privilege, "203 but has been applied to records of both the executive branch (e.g., the governor) and the legislative branch (e.g., a city council).204 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."205 The deliberative process privilege uses a balancing test, whereas the mental process principle does not, making the mental process principle exemption less subjective.206 (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 200 1d. at 618. 201 See pages 20 and 24 of this Handbook. 202 Times Mirror Co. v. Superior Court, 53 Cal. 3d 1325, 1342 (1991). 203 Sutter's Place v. Superior Court (City of Son Jose), 161 Cal. App. 4th 1370, 1378 (6 Dist. 2008). 204 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). 205 Sutter's Place, 161 Cal. App. 4th at 1377. 206 1d. at 1377, 1379. Public Records Act Page 41 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records may be withheld on deliberative process grounds.207 The deliberative process privilege arises under the "catch-all" exemption contained in Section 7922.540 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 some courts have not strictly applied a predecisional requirement and have permitted purely factual material that exposes the deliberative process to fall within the privilege.208 • Second, identify the public interest served by nondisclosure of the record. Four public interests that have been identified by the courts are: (1) Protection of the agency's decision -making process so that candid discussion within the agency is not discouraged;209 (2) Protection of certain limited communications with members of the public to ensure that the local agency receives the information it needs to make decisions and otherwise function;210 (3) Protection against confusion caused by premature exposure of the public to internal agency discussions before a policy is finalized;211 (4) Protection of the integrity of the decision -making process itself by confirming that "officials should be judged by what they decided, not for matters they considered before making up their minds."212 • Third, identify the public interest served by disclosure of the record. Courts have emphasized that a primary benefit of disclosing a local agency's records to the public is to promote government accountability. The public and the media have a legitimate need to 207 Times Mirror Co., 53 Cal. 3d at 1347. 208 Rogers, 19 Cal. App. 4th at 479-480 (rejecting a predecisional requirement and withholding from disclosure pure facts, that is, telephone numbers called by staff and city council members). 209 Times Mirror Co., 53 Cal. 3d at 1342. 210 Id. at 1344-45 (disclosure of governor's schedule and appointment calendar would "chill the flow of information" to the governor and inhibit the free exchange of ideas in private meetings). 211 California First Amendment Coalition v. Superior Court (Pete Wilson), 67 Cal. App. 4th 159, 170 (3 Dist. 1998). 212 Id. (internal quotations and citations omitted). Public Records Act Page 42 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records know whether government officials are performing their duties in a responsible and diligent manner.213 "Such access permits checks against the arbitrary exercise of official power and secrecy in the political process."214 • Fourth, balance the two public interests, and withhold the record from disclosure only if the identified public interest justifying nondisclosure "clearly outweighs" the public interest justifying disclosure.215 In balancing the scales, the weight of an identified public interest in disclosure is "proportionate to the gravity of the governmental tasks sought to be illuminated and the directness with which the disclosure will serve to illuminate."216 Because the public interest in nondisclosure must "clearly outweigh" the public interest in disclosure, if the interests are just about equal, the scales tip in favor of disclosure. In California First Amendment Coalition v. Superior Court (Wilson), the plaintiffs sought disclosure of records containing the names and qualifications of applicants for a temporary appointment to a local board of supervisors.217 The Governor's office looked extensively into the applicants' backgrounds to determine whether they were qualified for the position. The court upheld nondisclosure of the records under the deliberative process privilege. It reasoned that if the deliberative process privilege did not apply, the Governor would never be able to perform background checks, which is an essential part of selecting an applicant for a government position.218 In balancing the interests, the court concluded that the public's interest in disclosure of background information revealed in confidence by unsuccessful applicants was not significant and that the public interest in learning about the successful applicant's background would be satisfied after the appointment.219 The First Amendment Coalition case shows that the deliberative process privilege can apply to communications where the public interest in disclosure of deliberations prior to a decision is not significant and the outcome of those deliberations is a matter of public knowledge. For instance, the public could ultimately learn a council member's views about an item the City council is deliberating by attending the public meeting on the item. In such a case, emails 213 Times Mirror Co., 53 Cal. 3d at 1345. 214 CBS v. Block, 42 Cal. 3d 646, 651 (1986). 215 Gov't Code §7922.000. 216 Citizens for a Better Environment v. Department of Food & Agriculture, 171 Cal. App. 3d 704, 715 (3 Dist. 1985). 217 California First Amendment Coalition, 67 Cal. App. 4th at 164. 218 Id. at 171-72 (quoting Times Mirror Co., 53 Cal. 3d 1325, 1345). 219 Id. at 173-74. Public Records Act Page 43 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records discussing preliminary ideas and concepts about the item may be subject to the deliberative process privilege. Another example is provided by Times Mirror Co. v. Superior Court.220 In that case, the Los Angeles Times sought copies of the governor's appointment calendars and argued that "in a democratic society, the public is entitled to know how [the governor] performs his duties ...... 221 Disclosure of who the governor met with would reveal who was influencing his decisions. The governor argued disclosure of his calendar would reveal his deliberative process, and could discourage certain people from meeting with him. In balancing these interests, the California Supreme Court concluded that nondisclosure was justified, reasoning that "if the public and the governor were entitled to precisely the same information, neither would likely receive it. "222 The court added that the "massive weight" of the request (five years' worth of calendars), outweighed whatever merit there was in favor of disclosure.223 The court noted, however, that there may be circumstances under which the public interest in specific information is more compelling, and such a specific, focused request might tip the scales in favor of disclosure.224 Courts have emphasized the need for evidence in order to satisfy the local agency's burden of proof. In Citizens for Open Government v. City of Lodi, the City of Lodi withheld from the administrative record emails between City staff and the City's consultants regarding preparation of a revised EIR.225 Citizen groups sued, challenging in part the administrative record. Lodi argued the emails were exempt from disclosure pursuant to the deliberative process privilege because disclosure would hamper "candid dialogue and a testing and challenging of the approaches to be taken.11226 The Court of Appeal disagreed, finding that Lodi had failed to establish the conditions for creating the privilege, because Lodi had done nothing more than cite the policy behind the deliberative process privilege without explaining why the facts in this particular case justified invocation of the privilege.227 However, because the Court of Appeal was deciding the case under the California Environmental Quality Act ("CEQA"), and not the Public Records Act, the Court found there was no prejudice and refused to reverse the lower court's ruling.228 220 Times Mirror Co., 53 Cal. 3d at 1344. 221 Id. 222 Id. at 1345. 223 Id. 224 Id. at 1345-1346. 225 Citizens for Open Government v. City of Lodi, 205 Cal. App. 4th 296, 305 (3 Dist. 2012). 226 Id. at 306. 227 Id. at 307. 228 Id. at 311. Public Records Act Page 44 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records In comparison, the public entity in Humane Society of the United States v. Superior Court, provided detailed declarations from an employee and expert explaining why disclosing certain research documents would harm the research process.229 The Humane Society sought disclosure of certain records and communications related to the preparation of a study by the University of California involving housing of egg -laying hens, and the University claimed various privileges including deliberative process. The detailed declarations of the research project director submitted by the University seemed to sway the court; the court quoted them at length in the decision.230 One declaration explained how researchers at the University tried new ideas and approaches, frequently brainstorming by email, using shorthand expressions of incomplete thoughts. To be efficient, the researchers did not keep detailed records of how they communicated, and some lines of inquiry that began in email were further discussed and dismissed as part of hallway conversations. Because of that, much of what they said in emails would be easily misinterpreted. Additionally, mistakes along the way are part of the research process. The quality and quantity of work would be stifled if researchers were aware that their informal communications would be made available broadly. While the Humane Society tried to characterize the declaration as mere speculation, the court credited the declarant as an expert in the field, giving the declaration great weight.231 In balancing the public interests, the court concluded that disclosure of the emails "would fundamentally impair the academic research process."232 Given the pervasiveness of email today, the deliberative process privilege seems well -suited to protect predecisional email communications from disclosure. Nevertheless, California courts have approved the use of the deliberative process privilege sparingly, and require local agencies to provide particularized factual evidence in support of its use. Prior to invoking this privilege, it is advisable to consult your legal counsel. (2) Mental Process Principle The Public Records Act exempts from disclosure those records that are exempted or prohibited from disclosure pursuant to federal or state law.233 Under California state common law, a court is prohibited from inquiring into the motives or 229 Humane Society of the United States v. Superior Court (Regents of the University of California), 214 Cal. App. 4th 1233, 1240 (3 Dist. 2013). 230 Id. at 1241-1244. 231 Id. at 1258. 232 Id. at 1263. 233 Gov't Code § 7927.705. Public Records Act Page 45 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records subjective mental processes of legislators in enacting a particular piece of legislation except as those motives may be disclosed on the face of the legislative acts, or inferred from their operation.234 This "mental process principle" permits a local agency to withhold public records that would reveal the mental processes or subjective motives of its legislative body members when they are acting in a legislative capacity. Unlike the deliberative process privilege, which relies on a balancing test,235 records reflecting the "mental processes" of legislators are not subject to a balancing test.236 Under applicable circumstances, the mental process principle may be used to justify nondisclosure of emails of legislative body members, such as city council members. For example, emails sent or received by a city council member could arguably be withheld under the mental process principle when they: (1) discuss the reason the member voted for or against a particular ordinance, (2) involve the gathering of information on which the member based their legislative decision, or (3) expose the motives for the member's vote on a legislative matter. C. Exception for Notes, Drafts and Interagency/Intra-agency Memoranda The deliberative process privilege may help a local agency keep sensitive emails from public disclosure, but a far more effective tool is to simply have a policy in place to regularly purge intra-agency or interagency emails that are not subject to the local agency's records retention schedule. Under the Public Records Act, " [p] reliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business" may not be subject to disclosure.237 A written policy of deleting emails more than 120 days old (or some similar duration) would help establish that emails are not retained "in the ordinary course of business." A software modification that automatically deletes older emails would ensure that they are not retained, provided staff is notified of the pending purge and takes steps to retain those emails that, based on their content, must be retained under the local agency's records retention schedule. There are a few caveats, however. First, note that deleting an email is not the end of the story. Popular email programs such as Microsoft Outlook have "deleted items" folders that retain messages for a time after "deletion," in order to give the user an opportunity to "undo" an accidental deletion. If a local agency received a request for an email that had been deleted, but was still on the computer in the "deleted items" folder, it technically would still be in the 234 Sutter's Place, 161 Cal. App. 4th at 1375. 235 Gov't Code § 7922.540. 236 See Times Mirror Co., 53 Cal. 3d at 1339 fn. 9-10 (noting that these records might arguably be exempt under the mental process principle through operation of Section 7927.705). 237 Gov't Code § 7927.500. For a discussion on the conditions that must be met to utilize Section 7927.500, see pages 10- 12 of this Handbook. Public Records Act Page 46 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records possession of the agency and may be subject to disclosure. To eliminate this potential issue from arising, an agency must ensure that the deletion becomes final and irreversible. If the agency desires or is required to save a copy of certain emails, then it should print and file such emails, or store them electronically in a location that is not subject to automatic purging. Second, note that the Section 7927.500 exemption is not absolute. The full text of the exemption provides that drafts, notes, and inter/intra-agency memoranda are nondisclosable "provided that the public interest in withholding those records clearly outweighs the public interest in disclosure." Accordingly, even emails "that are not retained by the public agency in the ordinary course of business" may be subject to disclosure, if the records were not deleted prior to receipt of the Public Records Act request, and a reviewing court concludes that the public interest in disclosure is not "clearly outweighed" by the interest in nondisclosure. This is a significant hurdle for a public agency to overcome. D. Additional Exemptions that may be Applicable to Email In addition to those described above, there are a number of other exemptions that may be applicable to emails exchanged between employees or officials of a public agency. For example, emails to and from legal counsel may be protected by the evidentiary privileges recognized under Section 7927.705; certain personal financial data may be exempt under Section 7925.005; and personnel and medical files may be withheld under Section 7927.700. The same care should be used in reviewing responsive emails as any other material that may be subject to disclosure, and Part One, Section IX (What Public Records are Exempt from Disclosure under the Public Records Act?) of this Handbook should be consulted for additional information. Public Records Act Page 47 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records E. The Problem with Threads Emails elicit a response. The response typically elicits another response. If multiple people received the message, responses from all of the recipients are common. And, in all of those responses, the original message is typically quoted, either in part or in full, generating a "thread" of messages. The question necessarily arises, when there is a thread of 20 messages, and one of them is responsive to a public records request, must the other 19 messages also be produced? For example, a resident makes a request for all emails discussing the possible construction of a new library and locates the following thread: Only the oldest two messages (sent at 12:00 and 12:05) refer to the study session on the library construction. The rest of the messages are on a different topic, a topic that may be politically sensitive. Nevertheless, all of the responses to the original message included a copy of the original message and every message Original Message From: City Clerk To: Joe Employee, lane Emplc Manager Date: April 2, 2022 12:05 p.m. Subject: RE: Question I think the study session on the new library is next month. It will be at the same meeting as we discuss Council compensation. Original Message From: Joe Employee To: lane Employee, City Clerk, City Manager Date: April 2, 2022 12:00 p.m. Subject: Question that followed it, and so they all contain a reference to the library construction. As a result, it would be difficult to argue that only the 12:00 and 12:05 messages should be disclosed if this is the only copy of the email available. On the other hand, if an earlier version of the email containing only the oldest two messages is available, a local agency could argue that the thread containing all five messages may be withheld. So long as the earlier version of the two responsive emails is disclosed, the email discussing employee compensation is only a duplicate of the oldest two messages. The subsequent messages are not responsive to the request. The Public Records Act does not require disclosure of all duplicates of a responsive record. Keep in mind, however, two important considerations. First, while one appellate court has ruled that non -responsive information may be redacted from emails exchanged between two agency employees, if challenged in court, a public agency will have to explain in detail Public Records Act Page 48 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records the information that was redacted.238 Second, in litigation, a different standard may apply and all versions of the email may have to be disclosed. One way to avoid the problem is to configure email so previous messages are not quoted in replies sent by staff. Under the example above, if the local agency did not allow quoted messages in replies, the first two messages mentioning the library construction would be disclosed as "stand-alone" emails, but the later messages regarding compensation would not because they would no longer be integrated into the prior emails. Accordingly, a city should balance its concern in avoiding unwanted disclosures against the usefulness of having an entire thread available, and may wish to consider configuring email programs to eliminate quoting emails in replies. F. Risk of Serial Meetings Beyond the Public Records Act concerns, the use of email presents a significant opportunity for "serial meetings" prohibited by the Brown Act. A serial meeting is a series of meetings or communications not held at a noticed, public meeting in which ideas are exchanged among a majority of a legislative body directly or through intermediaries to "discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body."239 Prior to January 1, 2009, the Brown Act specifically forbade the use of technological devices to conduct those communications. In interpreting the prior version of this Brown Act provision, the California Attorney General opined that email is one of these "technological devices."240 The 2009 amendments to the Brown Act provisions regarding serial meetings included the removal of the phrase "technological devices" and other specific types of communications, and the insertion in their place of "a series of communications of any kind, directly or through intermediaries."24, At the time of the 2009 amendments, it was considered unlikely that the legislature, in omitting the phrase "technological devices" and expanding the scope to any kind of communication, intended to exclude email from coverage under the Brown Act. Subsequently, 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. As amended by AB 992, the Brown Act regulates social media posts to prevent serial meetings.242 238 American Civil Liberties Union of Northern California v. Superior Court (California Dept. of Corrections and Rehabilitation), 202 Cal. App. 4th 55, 82-86 (1 Dist. 2011). 239 Gov't Code § 54952.2(b)(1). 240 84 Ops. Cal. Atty Gen. 30 (2001). 241 Stat. 2008, c. 63, sec. 3 (S.B. 1732 -- Romero (amending Gov't Code § 54952.2). 242 Stat. 2020, c. 89, sec. 1 (A.B. 992 -- Mullin (amending Gov't Code § 54952.2). For further discussion of use of social media and the Brown Act, please see the 2023 Brown Act Handbook, Part One, Section VII(D) (© 2023 Richards, Watson & Gershon). Public Records Act Page 49 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records The primary mechanism for creating serial meetings via email is through the use of "reply all." For example, if a public employee sends an email to an entire city council, and then one of those council members replies to the entire list of recipients, then a communication would have taken place between a majority of the city council. If the purpose of the council member's reply was to "discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body," the communication would constitute a serial meeting in violation of the Brown Act.243 Accordingly, public officials must endeavor to use "reply all" sparingly, if at all. A "reply all" congratulating a council member for receiving an award would be permissible; a "reply all" expressing an opinion about an issue within the subject matter jurisdiction of the City council would not. G. Disclosure Requirements for Documents at Meetings Although the deliberative process privilege may apply to many emails, note that the privilege is unlikely to apply if an email concerns an issue under consideration by a legislative body and a majority of the body receive the email. The Brown Act states that notwithstanding the "catch-all" exception in the Public Records Act, "or any other law," any writings distributed to a majority of a legislative body in connection with a matter subject to discussion or consideration at an open meeting of the body are disclosable.244 The statute goes on to clarify that it does not overrule the exceptions for drafts, documents related to pending litigation, personnel files, medical files, and a number of other exceptions, but it does expressly overrule the "catch-all" provision on which the deliberative process privilege is based. Note that Section 7927.705, under which the mental process principle is applied, is not overruled by the Brown Act, and still would be applicable.245 Unlike records disclosable under the Public Records Act, which gives public entities ten days to respond to a request and additional time to produce the documents, a public agency must produce documents under this section of the Brown Act "without delay."246 In addition, if the email is created by the public agency or a member of the legislative body, it must be made available for inspection at the meeting.247 Emails not drafted by the public agency or its legislative body must be made available after the meeting. This is particularly relevant to emails sent to council members on smartphones, iPads and similar devices, given that a council member could potentially send an 243 Gov't Code § 54952.2(b)(1). 244 Gov't Code § 54957.5. 245 Gov't Code 54957.5 (a). 246 Id. 247 Gov't Code § 54957.5(c). Public Records Act Page 50 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records email to other council members while a meeting is going on. Under this section of the Brown Act, an attentive member of the public could insist that they be provided a copy of that email, at the meeting, if the council member sent it to a majority of the other council members. Accordingly, members of a legislative body should consider carefully the consequences of sending an email via smartphone, iPad or other device at a public meeting prior to doing so. The informality of emails makes them particularly prone to statements that would not be put into conventional written documents. The only certain means of avoiding unwanted disclosure, of course, is simply not to write the email in the first place. II. DOCUMENTS CREATED USING WORD PROCESSORS, GIS AND OTHER SOFTWARE A. Disclosure Requirements (1) Public Records Act Electronic records are subject to disclosure under the Public Records Act pursuant to Sections 7922.570-7922.585 of the Government Code. A public agency that has information constituting a public record in an electronic format must make that information available in electronic form upon request.248 An agency is not required to reconstruct an electronic record if it is no longer available in that format.249 An agency may inform a requester that a requested record is available in electronic format, but the agency is prohibited from adopting a policy of only making information available in electronic format.250 On the other hand, not every piece of data stored on a computer readily fits the definition of "record." Unlike word processing documents, information stored in a database or a spreadsheet, for example, may only be displayed in response to the user entering a formula or query. For such data, there are special statutory provisions. With conventional (printed) documents, the public agency may only charge for the direct cost of duplication, not including staff time to research, retrieve or compile the records.251 For electronic records, however, the agency may charge the full cost of reproducing the document if the record is one that is otherwise produced only at regularly scheduled intervals, or the request would 248 Gov't Code § 7922.570. 249 Gov't Code § 7922.580. 250 Gov't Code § 7922.570(c), 7922.580(b). 251 Gov't Code § 7922.530(a); North Cnty. Parents Organization v. Dept. of Education, 23 Cal. App. 4th 144, 147-148 (3 Dist. 1994) (direct costs do not include the ancillary tasks necessarily associated with the retrieval, inspection, and handling of the file from which the copy is extracted). Public Records Act Page 51 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records require data compilation, extraction, or programming to produce the record.252 However, in National Lawyers Guild v. City of Hayward, the California Supreme Court recently held that the phrase "data extraction" in this context does not cover the costs of redacting exempt material from digital police body camera footage.253 The court reasoned that data "extraction" is a technical process of retrieving responsive information to construct a new record, while redacting exempt material from electronic records is similar to other redactions for which costs are not recoverable.254 As such, public agencies may not recover costs for redacting exempt material from otherwise disclosable electronic records. Many public agencies now possess Geographic Information Systems ("GIS") that allow them to collect, manage and analyze large volumes of geographically referenced information. Whether this electronic information is a public record that is subject to disclosure has been the subject of controversy, mainly because public agencies have charged licensing fees to businesses that wanted a copy. Public agencies have argued that the monies recovered from those licensing fees are necessary to support the development and maintenance of the GIS. In 2013, the California Supreme Court disagreed with that argument. In Sierra Club v. Superior Court, the Court held that a GIS-formatted database is a public record that, unless otherwise exempt from disclosure, must be produced upon request and the local agency may only charge the actual cost of duplication.255 The County of Orange had argued that its GIS database was not a public record. The court disagreed that former Section 6254.9 (now Section 7922.585) excluded a GIS database from the Public Records Act's disclosure requirements, and concluded that, because the County had not claimed any exemption to justify nondisclosure, the County of Orange could only charge the direct cost of duplication for its GIS database.256 Note, however, that the California Supreme Court was careful to distinguish the database from the software - the mapping system itself was exempt from disclosure under another provision in the Public Records Act.257 The statute expressly exempts computer mapping systems, computer programs, and computer graphic systems, and states that nothing in the statute is intended to 252 Gov't Code § 7922.575. 253 9 Cal. 5th 488 (2020). 254 Id. at 500. 255 Sierra Club v. Superior Court (County of Orange), 57 Cal. 4th 157, 161 (2013). 256 Id. at 175, 176 257 Gov't Code § 7922.585(b) ("Computer software developed by a state or local agency is not itself a public record under this chapter."). Public Records Act Page 52 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records limit any copyright protections. Accordingly, a requester may not seek to obtain the software that creates the records, only the records themselves.258 The Public Records Act not only exempts computer software as discussed above, but also a public agency's information security record, if that record has the potential to reveal vulnerabilities or otherwise increase the possibility of an attack on that public agency's information technology system.259 However, the Public Records Act also requires local agencies (except local educational agencies) to create a catalog of "enterprise systems," that must be publicly available on the local agency's website and updated annually.260 An enterprise system is defined as a "software application or computer system that collects, stores, exchanges and analyzes information" used by the local agency as a system of record, and acts either across multiple agency departments, or collects information about the public.261 While Section 7922.710 requires a city to list these enterprise systems as defined, it does not require a city to disclose the information collected, stored, exchanged and analyzed by the software application or computer system if that information is otherwise exempt under the Public Records Act. Further, a number of enterprise systems may be excluded from a local agency's listed catalog, such as systems related to 911 dispatch or emergency services, information technology security systems (including firewalls and other cybersecurity systems) and infrastructure and mechanical control systems (for example, systems that manage water or sewage functions).262 Note that the Public Records Act does not contain exceptions for public records created on social media.263 If a social media post is "prepared, owned, used, or retained by any state or local agency," and contains information "relating to the conduct of the public's business,"264 it is a public record and is thus subject to disclosure under the Public Records Act, and should also be retained accordingly. This applies to social media posts made by a public entity, including posts by public entity employees and/or officials, and may also apply to posts made by members of the public on social media pages operated by the public entity. Depending upon the volume of social media posts a public entity produces, it may be difficult to review all posts and comments made on the public entity's social media page to determine whether any given post meets the legal definition of a public record. Additionally, there may be practical issues with 258 Sierra Club, 57 Cal. 4th at 170-171; see also Gov't Code § 6254.9(b). 259 Gov't Code § 7929.205. 260 Gov't Code §§ 7922.710 and 7922.715. 261 Gov't Code §§ 7922.700 and 7922.705 (also defining "system of record" as "a system that serves as an original source of data within an agency"). 262 See pages 138-139 of this Handbook. 263 Social media is subject to regulation under the Brown Act, pursuant to Assembly Bill 992, enacted in 2020 and effective January 1, 2021 through January 1, 2026. See Stat. 2020, c. 89, sec. 1 (A.B. 992 -- Mullin (amending Gov't Code § 54952.2). 264 Gov't Code § 7920.530. Public Records Act Page 53 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records retaining social media records. Capturing and archiving images of social media posts may not be a sufficient retention method, because the image would not preserve metadata, subsequent comments, and other interactive features. Archiving these features can be challenging, because social media posts typically are not hosted or archived on storage systems owned by the public entity. Creating independent storage systems for all social media posts may be cost -prohibitive for public entities. These factors can make it difficult to determine which social media posts need to be retained, and whether a public entity's retention procedures adequately capture an entire social media record. Any concerns about retaining specific social media records should be discussed with the City attorney. (2) Federal Rule 26 In 2006, revisions to Rule 26 of the Federal Rules of Civil Procedure took effect that require parties in federal court to address the production and preservation of electronic records during the discovery phase of litigation. These rule changes did not require a local agency to alter its routine management or storage of electronic information, but does illustrate the importance of having formal written rules for retention of potentially relevant records and data when litigation occurs. It is firmly established that a duty to preserve evidence arises from the moment litigation is "reasonably anticipated."265 Once the duty to issue a legal hold is triggered, the party "must suspend its routine document retention/destruction policy and put in place a `litigation hold' to ensure the preservation of relevant documents."266 Discovery is the process by which parties involved in litigation in either state or federal courts obtain information from other parties. Under Rule 26, parties in a federal lawsuit may obtain discovery regarding any matter that is relevant to a claim or defense, so long as it is not privileged. According to Rule 26(a) what can be discovered includes "documents," "tangible things," and "electronically stored information," which is broadly defined as "any type of information that is stored electronically." Rule 26 regulates discovery in three major ways: a. Parties must address electronic discovery issues at the beginning of litigation, including the form in which electronic information will be 265 Rockman Company (USA), Inc. v. Nong Shim Company, Ltd., 229 F. Supp. 3d 1109, 1 122 (N.D. Cal. 2017). 266 Zubulake v. UBS Warburg, LLC, 229 F.R.D. 422, 432 (S.D.N.Y. 2004); accord In re Napster Inc. Copyright Litig., 462 F. Supp. 2d 1060, 1070 (N.D. Cal. 2006). Public Records Act Page 54 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records produced to the other party, the preservation of electronic information, and claims of privilege for electronic information; 267 b. Parties must produce relevant information from electronic sources that are "reasonably accessible," but may not have to produce information from older or backup systems if production would impose an undue burden or cost. The requesting party can, however, overcome a showing of undue burden or cost if they can establish "good cause" for doing so;268 and C. Privileges are retained for documents inadvertently disclosed. Such documents may be recalled by the disclosing party. In such cases, the privilege is not waived.269 The discovery rule does not require a local agency to alter its routine handling of electronically stored information prior to when litigation can reasonably be anticipated. The drafters of the rules recognized that electronic information might be routinely altered, purged or overwritten as part of a system's operation. Under 2006 revisions to Rule 37, the routine purging of outdated electronic information, including the "alteration or overwriting of information... to meet the party's technical and business needs" was permissible, if it was done in accordance with other laws, such as the records retention laws in Government Code Sections 34090-34090.8. Those sections permit a city, for example, to destroy certain city records that are "no longer required" and are more than two years old if authorized by a city council resolution and the written consent of the city attorney. Records that may not be destroyed include: real property title records, court records, records required to be kept by statute, records less than two years old, and the minutes, ordinances, or resolutions of the legislative body, city board, or commissions. In 2015, the "routine, good faith operation" language was deleted from Rule 37. The revised rule provides limited sanctions for parties who inadvertently cause electronically stored information to be lost because of their failure to take reasonable steps to preserve the information. However, the Advisory Committee Notes to Rule 37(e) point out that "the routine, good -faith operation of an electronic information system would be a relevant factor for the court to consider in evaluating whether a party failed to take reasonable steps to preserve lost information." Once litigation can be reasonably anticipated, a local agency has a duty to preserve potentially relevant information for discovery. In some cases, the local agency may have to suspend the routine operation of its information systems in 267 Fed. R. Civ. P. 26(f) (3) (C). 268 Fed. R. Civ. P. 26(b) (2) (B). 269 Fed. R. Civ. P. 26(b) (5) (B). Public Records Act Page 55 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records order to preserve information potentially relevant to the litigation. In such cases, it must take "reasonable steps" to prevent the loss of electronically stored information. In evaluating whether a city's preservation attempts were reasonable, courts should take into account the limited staff and resources that governmental parties may have to devote to preservation efforts.27o Note that electronically stored information lost despite a city's reasonable preservation efforts —such as through the failure of a cloud -based storage service, a malignant software attack, or accidental damage to physical hardware —will not give rise to sanctions under Rule 37. These rules on document preservation highlight the importance of having a written document retention policy. A written policy will show what operations are routine. This will help protect a local agency from sanctions if litigation occurs and allow its attorneys to discuss its routine computer operations with the court and other parties. Such a policy should set specific limits for how long information is retained and specific procedures for the routine destruction of electronic data. The policy should also address the steps that the agency will take to preserve potentially relevant information when litigation is reasonably anticipated. These policies should be in accordance with Government Code Sections 34090-34090.8 and any other applicable laws governing the preservation of city records. The other discovery rules further illustrate how a written policy will aid a local agency in litigation. When litigation begins in federal court, Rule 26(f) requires the parties' lawyers to confer about "any issues about disclosure, discovery, or preservation of electronically stored information." No part of electronic discovery is more important for determining the scope of the preservation obligation than the pre -scheduling conference meet and confer provided under Rule 26(f). Rule 26(f) explicitly directs the parties to discuss the form in which electronic information will be produced, how it will be preserved, and how to address claims that certain information is privileged. The pre -scheduling conference meet and confer can be the single most important factor to reduce costs and burdens of discovery. In order for a local agency's counsel to be prepared to discuss these issues, the rules note that it is "important for counsel to become familiar with those systems before the conference." In some cases, counsel may have to identify and interview individuals with special knowledge of the agency's computer systems. Rule 26(b) requires the parties to identify whether "reasonably accessible" electronic sources can provide all of the relevant, non -privileged, information. Parties will need to distinguish these "reasonably accessible" sources from those 270 Fed. R. Civ. P. 37(e) Advisory Committee Note. Public Records Act Page 56 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records that are not "reasonably accessible" because of undue burden or cost. Examples of information that might not be reasonably accessible include: • deleted items, • fragmented or damaged data, • information kept on some back-up tape systems for disaster recovery purposes, and • legacy data remaining from systems no longer in use. Under Rule 26(a), the parties must produce all of the relevant, non -privileged information from the "reasonably accessible" sources within 14 days of the initial conference during the "initial disclosure," a requirement unique to federal court where relevant information is disclosed at the outset of the civil discovery period. Discovery from sources that a party deems not "reasonably accessible" can still occur if the requesting party can show that there is no undue burden or cost or upon a showing of "good cause." Once discovery begins in federal court a local agency must be prepared to explain how their electronic information systems work, which systems contain information potentially relevant to the litigation, how those systems are accessed, and the costs of accessing archival or older systems. Having a written policy in place will reduce the costs and staff time associated with complying with these discovery rules. It will also aid staff in familiarizing themselves with the operations of the agency's computer data and storage systems as well as any external storage and backup systems, and in explaining these operations to agency counsel and opposing parties. Finally, having a written policy will minimize the likelihood of destroying discoverable materials and thus dramatically reduce the chance that an agency will be hit with discovery sanctions during litigation. Taken together, these federal discovery rules make it advisable for a local agency to put in writing its procedures for managing electronic information. In light of these rules and obligations and as a first step to forming or maintaining an already -created written policy on electronically stored information, public agencies should review their operating systems to ensure they understand how electronic information is currently stored and retained. In addition, public agencies should examine their data recovery systems and archival data to determine the type of information contained in these systems, and to understand the costs associated with retrieving such data. Agencies should also regularly review their written policies once implemented to ensure that they remain up to date as new technologies and systems replace old ones. Public Records Act Page 57 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records (3) The California Civil Discovery Act Contains a Process for Electronic Discovery in State Court In 2009, the California Legislature adopted federal -style procedural rules to permit the discovery of electronically stored information in state court cases pursuant to Assembly Bill ("AB") 5, following the 2006 amendments to the Federal Rules of Civil Procedure.271 Electronically stored information is broadly defined by AB 5272 as any information that is stored in an electronic medium, and includes emails, documents, spreadsheets and any other information stored in computers and other electronic devices.273 These rules make the creation of the above - mentioned written policy on electronically stored information just as applicable to state court litigation as federal court litigation. Similar to the Federal Rules, a safe harbor exists for spoliation caused by "routine, good faith operation of an electronic information system."274 The state discovery rules specifically provide that a court shall not impose sanctions on a party for failing to provide electronically stored information that has been lost, damaged, altered or overwritten as the result of the routine, good faith operation of an electronic information system, absent exceptional circumstances.275 Accordingly, public agencies should ensure electronically stored information is retained or deleted only in accordance with the adopted policy. Agencies should thus train employees to make sure the document retention policies are appropriately followed at all times.276 Further, as with federal court litigation, once state court litigation is reasonably anticipated, public agencies have a duty to stop automatic destruction processes and preserve potentially relevant electronically stored information in the format in which it currently exists, notwithstanding the normal document retention policy that might otherwise permit destruction.277 In the event litigation is reasonably anticipated, public agencies should ensure that "litigation holds" are applied to electronically stored information potentially relevant to the litigation, so that it is not deleted, whether intentionally or by automatic computer processes. The retention of information that may be potentially relevant to 271 AB 5, Stat. 2009, c. 5 (amending Code of Civ. Proc. §§ 2016.020, 2031.010 through 2031.060, and 2031.210 through 2031.320, and adding Code of Civ. Proc. §§ 1985.8 and 2031.285). 272 See Code of Civ. Proc. §§ 1985.8, 2016.020, and 2031 .010 et seq. 273 Code of Civ. Proc. § 2016.020(e). 274 Code of Civ. Proc. § 2031 .320(d). 275 Code of Civ. Proc. § 2031.060(i)(1). 276 Code of Civ. Proc. § 2031 .060(i) (2). 277 Coca-Cola Bottling Co. v. Superior Court (Jones), 233 Cal. App. 3d 1273, 1293 n. 10 (4 Dist. 1991) (party litigant has a duty not to lose or destroy relevant evidence). Public Records Act Page 58 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records anticipated litigation should also be a part of the agency's written policy on electronically stored information. In light of a 2017 California Supreme Court decision outlining the broad scope of discovery, agencies are advised to consult legal counsel in determining the breadth of a litigation hold. Documents and information that the agency believes to be protected under a right to privacy argument should still be preserved, if even potentially relevant to the litigation. In Williams v. Superior Court, the Court stated that "the right to discovery in this state is a broad one, to be construed liberally so that parties may ascertain the strength of their case and at trial the truth may be determined."278 The Court determined that the defendant in Williams was obligated to disclose the personal information of individuals who may have had no bearing on or relation to the claims asserted by the plaintiff. It further stated that the party opposing discovery has the burden of showing that a privacy right exists that outweighs the potential relevance of the information requested. The same burden applies when the party opposing discovery argues undue hardship. In both instances, the burden is a high one. Agencies should therefore be mindful that they may have to produce a broader scope and larger volume of documents and electronically stored information than was required in prior years, and accordingly should, in consultation with counsel, broaden the scope of their document retention policy and litigation holds. When instituting a legal hold, or responding to discovery requests in litigation, attorneys and clients must work together to understand how and where electronic documents, records (including social media posts), and emails are maintained and to determine Docurrientl Properties how best to locate, review, and retain responsive General Summary I Statistics Contents Custom documents. Title: I Letter to D.S. B. Metadata Word processing documents most readily fit the definition of "record," and they also present the greatest potential for inadvertent disclosures. A modern word processing document is comprised of far more than simple words on a page. Microsoft Word documents typically contain information about the author or editor, the author's organization, the time the document was created, modified or accessed, the amount of time spent editing the document, and even what earlier versions of the document looked like. This 278 Williams v. Superior Court (Marshalls of CA, LLC), 3 Cal. 5th 531, 538 (2017). Public Records Act © 2023 Richards, Watson & Gershon 2769535 Subject; Author: Benjamin B. Bickelbaum Manager: Company: City of Whoville Catggory: Keywords: Comments: Hyperlink base: Template: Normal ❑ Save preview picture OK Cancel Page 59 Part Two: Electronic Records "metadata," which literally means data about data, is automatically attached to documents by modern word processors. For instance, some metadata appears in Microsoft Word under the "Home" menu, by selecting "Properties." Although metadata can be useful information, it can also result in unwanted disclosures. For instance, as the dialog box above shows, Microsoft Word automatically inserts the name and company of the author of the document, and there are numerous other fields that can be filled in. If a local agency does not want this sort of information disclosed as a general rule, the word processor should be configured to not record this information. More significantly, many word processors have a "tracked changes" function. When public officials and employees work with multiple drafts of a document, especially when multiple people work on the same document, they frequently make use of a feature that highlights every change made to the document. That way, when a party to a proposed contract wants to delete a provision or insert a line, it is easy for the other party to see the change. It is simple to turn this feature on and off, but it is also simple to turn the display of tracked changes on and off, while still having the word processor keep track of the changes. As a result, it is not uncommon for documents to be transmitted electronically with changes tracked, without the knowledge of the author. If the author deleted a paragraph, the person reviewing the tracked changes could restore that paragraph. The implications become particularly significant if the author had deleted the text because it was deemed inaccurate or sensitive. Moreover, recall that drafts are only nondisclosable if it is the public agency's policy to not retain them in the course of business. If a city routinely saves documents with changes tracked, then arguably it has preserved the earlier drafts of the document. This could thwart a city's policy to avoid preserving drafts. Consequently, it should be common practice to remove any tracking from a document upon finalization, or better yet, to not use tracking in the first place. Similarly, most word processors have an "undo" button, which is useful for correcting typos or to recover inadvertently deleted text. Many word processors can "undo" a string of actions, and can even "undo" actions repeatedly until the document is a blank page. If a city official sends that document to someone making a public records request, the individual could click on "undo" repeatedly to see every step that the author took in drafting the document. This presents the same problems as with "tracked changes" - sensitive or inaccurate information that the author meant to delete could be included in the metadata. Accordingly, in using word processors, public agencies should ensure that they are configured to eliminate the "undo" trail when a document is saved. Public Records Act Page 60 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records In addition to all of the above strategies, there are several programs available that can remove metadata after a document has been completed, or at the time it is emailed. However, the use of such programs on documents that are subject to a public records request would be of questionable legality. Under the Public Records Act, a request for a public document must include the exact document, and on the face of it, stripping metadata from a document that is requested in electronic form potentially would violate this requirement.279 Depending on your document retention schedule, you may be able to strip metadata from some older documents upon archiving them, but deleting metadata from documents that the city is required to retain may violate document retention requirements. If the requester does not expressly ask that the document be provided in electronic format, the statute does not prohibit the agency from supplying it in printed form. Accordingly, a local agency may wish to adopt a policy of providing electronic records in printed form unless a requester expressly asks for an electronic version, and providing records in .pdf format when requesters ask for electronic versions. If the requester expressly asks for the original document format, the City attorney should be consulted. It is unclear how the new federal electronic document discovery rules would apply to metadata. Rule 26 does not specifically address metadata, but the comment to the revision mentions metadata and states that "[w]hether this information should be produced may be among the topics discussed in the Rule 26(f) conference." Consequently, there is the potential for the disclosure of metadata in litigation, which further highlights the importance of establishing standard practices for creating and handling metadata. During litigation, it is often advisable to maintain sources of electronically stored information in native formats with metadata, to preserve the ability to produce the data if necessary. CITY WEBSITES With the rapid integration of the internet into American culture, a significant percentage of California cities now provide at least basic information about their government on city -run websites. Posting certain commonly requested information on a web page is a way to reduce the staff time necessary to respond to public records requests. City websites also provide a method to increase public participation in local government, such as more recent requirements for posting of public meeting agendas electronically. However, city website practices may have legal ramifications, and it is advisable for a city to draft and implement a policy on the permitted uses of its website to avoid violating legal restrictions such 279 See Gov't Code § 7922.530(a) ("Upon request, an exact copy shall be provided unless impracticable to do so."); Rosenthal v. Hansen, 34 Cal. App. 3d 754 (3 Dist. 1973). Public Records Act Page 61 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records as those related to mass mailings and use of public funds for "express advocacy," and also to avoid creating a "public forum." A. Websites and the "Mass Mailing" Prohibitions The Political Reform Act prohibits the sending of newsletters and other so-called "mass mailings" at public expense.28o 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.281 The underlying intent is to preclude elected officials from using newsletters as indirect campaign flyers for themselves. In brief, Section 89002 of the Government Code provides a four -prong test to determine the legality of mass mailings. A mass mailing is prohibited if each of the following elements is present: a. a delivery of a tangible item, b. that "features" or includes reference to, an elected official, C. distributed at public expense regardless of the cost, or produced at public expense where the cost of production exceeds $50.00, or d. in a quantity of 200 or more per calendar month.282 On the face of it, the regulation would not apply to web pages, because they would not constitute "a delivery of a tangible item." The FPPC, which interprets the Political Reform Act, has yet to render an official opinion on the applicability of the mass mailing rule to websites. However, numerous advice letters issued by the FPPC have concluded that the prohibitions on publicly funded mass mailings contained in Government Code Sections 89001 and 89002 do not apply to websites or web pages because they do not constitute a tangible item. In 1998, the FPPC responded to an inquiry as to whether a committee, advocating the passage of a bond measure expected to be placed on the ballot by a school board, may obtain a link from a "school district website to a web page" advocating the passage of the bond measure. The FPPC advised that, According to [former] Regulation 18901(a) (1) [now Section 89002 of the Government Code], a publicly -funded mailing is a prohibited 280 Gov't Code § 89001. 281 Gov't Code § 89002(a). 282 Id. Public Records Act Page 62 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records mass mailing if it is delivered as a tangible item to the recipient at his or her residence, place of employment or business, or post office box. Consistent with [former] Regulation 18901, the ban is applicable to tangible items only. Since distribution over the Internet is not a distribution of a tangible item, Internet pages are not prohibited mass mailings under the [Political Reform] Act.283 Even though providing a link to an express advocacy website may not qualify as a "mass mailing," it could violate other laws, as will be discussed below in Section B. A second advice letter similarly concluded that web pages are not covered under the mass mailing prohibitions of the Political Reform Act. That advice letter was issued by the FPPC in 1999 in response to a request for advice by the County of Lake. The inquiry was whether the County could include on its web page photographs and a short biography for each member serving on its board of supervisors.284 The FPPC letter reiterated that former FPPC Regulation 18901 did not apply to the actions listed above because "web pages are not considered tangible items" and not subject to mass mailing restrictions.285 Since those advice letters were issued, the FPPC has continued to reaffirm its conclusion that distribution of information over the Internet, including websites, is not distribution of tangible items. In 2013, a city attorney requested advice regarding whether the mass mailing provisions prohibit City staff from listing the mayor's bed and breakfast business on the city's website along with other places of lodging in the city. The FPPC advised that the mass mailing provision does not prohibit the listing of the mayor's business on the city's website because providing information over the Internet is not distribution of a tangible item.286 The FPPC also recommended a review of laws pertaining to use of public resources.287 In 2019, the FPPC issued an informal advice letter concluding that the mass mailing prohibition does not apply to "tag" members of the Fountain Valley City Council on the City's Facebook page because the mass mailing provision does not apply to distribution over the Internet, this includes Facebook.288 Given the foregoing, city web pages provide a unique opportunity for elected officials to communicate with their constituents. Council members could each maintain their own page on the website, drawing attention to issues of interest to 283 Foote Advice Letter, No. A-98-1 14, 1998 WL 289895 (1998) (citation omitted). 284 Peterson Advice Letter, No. A-99-013, 1999 WL 100857 (1999). 285 Id. 286 Pierik Advice Letter, No. A-13-012 (2013). 287 Id. 288 Burns Informal Assistance, No. 1-19-145, 2019 WL 6458461 (2019). The FPPC cautioned, however, that Facebook "tagging" should also be analyzed to make sure that it did not result in a contribution under the Political Reform Act. Public Records Act Page 63 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records the community. There are, however, some limitations on what the web pages can contain, as discussed below. B. Avoiding Express Advocacy Although websites and web pages are not currently covered under the mass mailing restrictions of FPPC Regulation Section 18901, public agencies must still be mindful of other regulations and laws that might be violated by its decisions to permit links from official websites. For example, the Political Reform Act prohibits the use of public moneys for election campaigns.289 Consequently, a city's web page must not indicate support or approval of, or advocate for, a candidate for elective office or a ballot measure. The leading California case setting forth the basic rule with respect to government involvement in political campaigns is Stanson v. Mott.290 In Stanson, the California Supreme Court addressed the question of whether the State Director of Beaches and Parks was authorized to expend public funds in support of certain state bond measures for the enhancement of state and local recreational facilities. The court concluded that the Director of Beaches and Parks lacked such authority and set forth the basic rule that "in the absence of clear and explicit legislative authorization, a public agency may not expend public funds to promote a partisan position in an election campaign."291 Only impartial "informational" communications would be permissible, such as a fair presentation of the facts in response to a citizen's request for information.292 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."293 The California legislature also codified the holding of Stanson in Government Code Section 54964.294 289 Gov't Code § 85300. See also Howard Jarvis Taxpayer Assn. v. Newsom, 39 Cal. App. 5th 158, 161-162 (3 Dist. 2019) (invalidating limited exception to this prohibition). 290 Stanson v. Mott, 17 Cal. 3d 206 (1976). 291 Id. at 209-10. 292 Id. at 221. 293 Id. at 222 (citations omitted). 294 Government Code Section 54964 prohibits the expenditure of public funds "to support or oppose the approval or rejection of a ballot measure, or the election or defeat of a candidate, by the voters." The statute does not prohibit expenditures to provide information to the public about the possible effects of a ballot measure on the activities, operations, or policies of the local agency, if the informational activities are not otherwise prohibited by the Constitution or state law and the information provided constitutes an accurate, fair, and impartial presentation of relevant facts to aid the voters in reaching an informed judgment regarding the ballot measure. Public Records Act Page 64 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records The Stanson test was reaffirmed by the California Supreme Court in Vargas v. City of Salinas.295 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.296 In another appellate decision, Schroeder v. City Council of Irvine, Irvine's "Vote 2000" Program was upheld.297 The program encouraged voter registration, without specifically advocating a particular position on any measure. Although the city had taken a public position in favor of the proposed ballot measure, the materials it distributed did not advocate any particular vote on the measure and rarely mentioned the measure at all. The Schroeder court held that the funds spent on the Vote 2000 program would be political expenditures and unlawful under Stanson only if the communications expressly advocated, or taken as a whole unambiguously urged, the passage or defeat of the measure.298 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.299 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 295 Vargas v. City of Salinas, 46 Cal. 4th 1 (2009). 296 California Common Cause v. Duffy, 200 Cal. App. 3d 730, 746-747 (4 Dist. 1987). 297 Schroeder v. City Council of Irvine, 97 Cal. App. 4th 174, 187-188 (4 Dist. 2002). 298 Id. 299 Vargas, 46 Cal. 4th at 8. Public Records Act Page 65 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records of the city's website, the publication of the city's regular quarterly newsletter, and the ordinary provision of information to the public regarding the city's operations. The Supreme Court found that the city engaged in informational rather than campaign activity when it posted on the city's website the minutes of city council meetings relating to the council's action along with reports prepared by various municipal departments and presented by officials at city council meetings.300 Similarly, the city did not engage in campaign activity by producing a one -page document listing the program reductions that the city council voted to implement should Measure O be approved, or in making copies of the document available to the public at the city clerk's office and public libraries.301 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 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.302 The Supreme Court illustrated the insufficiency of the "express advocacy" standard by suggesting that if the City of Salinas were to post billboards throughout the City prior to an election stating, "`IF MEASURE O IS APPROVED, SIX RECREATION CENTERS, THE MUNICIPAL POOL, AND TWO LIBRARIES WILL CLOSE,' it would defy common sense to suggest that the City had not engaged in campaign activity even though such advertisements would not have violated the express advocacy standard."303 Vargas and Stanson reflect that local agencies must exercise caution when communicating to voters about local measures. The same prohibitions on the use 300 Id. at 37. 301 Id. at 37-38 (stating, "not only [did] the document in question not advocate or recommend how the electorate should vote on the ballot measure, but its style and tenor [was] not at all comparable to traditional campaign material"). The fact that the City only made the document available at the City clerk's office and in public libraries to people who sought it out reinforced the document's informational nature. 302 Id. at 38. 303 Id. at 32. Public Records Act Page 66 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records of public moneys to support or oppose a ballot measure or a candidate for political office would likely also apply to public agency websites. This is because the time and expense of maintaining a website and adding links to other websites may result in a form of "in kind" contribution from the public agency to the particular candidate or campaign committee. "Professional services, including the creation and maintenance of a website for a candidate, could conceivably result in a contribution from the county to the candidate."304 Public officials must ensure that there is no inclusion of information or links on their websites that contain words of express advocacy or that unambiguously promote or suggest a particular position in a campaign. Public officials must also avoid any actions which, based on their "style, tenor and timing", may lead to a determination that a city website contains impermissible advocacy. Unfortunately, there is no hard and fast rule to assist public officials in distinguishing improper partisan campaign expenditures from permissible expenditures for "informational activities." Whether a communication is permissible will be based on a combination of these factors, and public officials should therefore seek the advice of the city attorney on a case -by -case basis. Assistance may also be obtained from the FPPC. Note also that public officials could potentially face personal liability if a court concluded that they used public funds for a partisan campaign. The Stanson opinion concluded that public officials "may properly be held to a higher standard than simply the avoidance of 'fraud, corruption or actual malice' in their handling of public funds."305 Instead, public officials must exercise "`due care,' i.e., reasonable diligence, in authorizing the expenditure of public funds, and may be subject to personal liability for improper expenditures made in the absence of such due care."306 If public officials published a web page that conveyed a partisan slant, a court could conclude that the officials failed to exercise this due care. C. Public Forum In addition to the mass mailing and express advocacy considerations, the existence of city websites also raises the issue of whether a website constitutes a "public forum" in which any member of the public would have a right to post information or links, or engage in debate or discourse. The decisions of public agencies on what sort of content to include on web pages, whether to allow external links to be posted, and what type of links to permit, have the potential to infringe upon rights guaranteed by the First Amendment of the United States 304 Peterson Advice Letter, No. A-99-013, 1999 WL 100857 (1999). 305 Stanson, 17 Cal. 3d at 226. 306 Id. at 226-27. Public Records Act Page 67 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records Constitution, the California Constitution's "Liberty of Speech Clause," and other legal principles. In relevant part, the First Amendment provides that, "Congress shall make no law ... abridging the freedom of speech."307 Similarly, the "Liberty of Speech Clause" provides that, "A law may not restrain or abridge liberty of speech or press."308 The United States Supreme Court uses the "public forum" doctrine to evaluate the constitutionality of government regulation of private speech on public property. This doctrine classifies public property according to three categories of public forum status: (i) traditional public forums - areas traditionally used for expressive activity such as streets, sidewalks and parks; (ii) designated public forums - areas dedicated by the government for expressive activity, either generally or for limited purposes; and (iii) nonpublic forums. "Public forum" status directly impacts the degree to which a public agency may regulate private expression on public property. For example, if a public agency's website were deemed a "nonpublic forum," then the agency would have considerable discretion in determining which applications for website links to accept. By contrast, if a public agency's website was deemed a "traditional public forum" or a "designated public forum," then the agency's discretion would be substantially diminished. Two cases addressing whether city websites constitute public forums are discussed below. (1) Putnam Pit, Inc. v. City of Cookeville The case of Putnam Pit, Inc. v. City of Cookeville provides an example of how the First Amendment may limit a public agency's authority to control external links on its website. Putnam Pit is a federal case discussing the validity of a website link policy under the First Amendment.3o9 This case involved a free speech claim by a small, free website newspaper publisher, against the City of Cookeville, Tennessee. The case arose from Cookeville's refusal to establish a link from its website to the website of the publisher's on-line newspaper, the "Putnam Pit." The "Putnam Pit" website focused on commentary critical of the City of Cookeville and its officials and staff. At the time that the publisher initially requested and was denied the link, "several for -profit and non-profit entities were linked to the ... [Cookeville] 307 U.S. CONST. amend I. 308 CAL. CONST. art. 1, § 2(a). 309 Putnam Pit, Inc. v. City of Cookeville, 221 F.3d 834 (6th Cir. 2000). Public Records Act Page 68 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records Web site, including a local technical college, two Internet service providers, a law firm, a local computer club, a truck product manufacturer and distributor, and a site with information about Cookeville."310 However, prior to the publisher's request, Cookeville "had no stated policy" on who could be linked to the city's website.311 Upon learning of the publisher's request, the city manager decided to permit links only "from the Cookeville Website to other sites, which would promote the economic welfare, tourism, and industry of the city."312 Pursuant to this policy, the city manager subsequently denied the publisher's request for a link from the Cookeville website to the "Putnam Pit" website and then removed several links to other websites from the Cookeville website.313 The Sixth Circuit Court of Appeals ruled that based on the facts presented, the city's website was a nonpublic forum under the First Amendment, and that the city could impose reasonable restrictions but could not engage in viewpoint discrimination.314 The court also ruled the publisher was entitled to a trial regarding whether Cookeville discriminated against him based upon viewpoint when the city manager denied him a link on the website. Facts that could potentially constitute viewpoint discrimination included statements by the city manager that he thought the "Putnam Pit" consisted only of the publisher's "opinions," "which he didn't care for" and actions by the city manager who indicated to the publisher that he would not be permitted a link even if the "Putnam Pit" were a non-profit entity.315 (2) Vargas v. City of Salinas In Vargas v. City of Salinas, the California Supreme Court also considered whether a city website constituted a public forum.316 In Vargas, city residents placed an initiative on the ballot to repeal the city's long-standing utility users tax. The city staff prepared a series of reports addressing the impact the loss of the tax would have on the city's budget, including the reduction and elimination of services and programs, and posted those reports on the city's web page. The initiative supporters contended that they had a right to provide their own information on the web page, which the city rejected. 310 Id. at 841. 311 Id. 312 Id. 313 Id. 314 Id. at 843-845. 315 The court further concluded that, "[t]he city's actions, some of which appear to be tied to the city's interests, and others which appear less clearly relevant to the purpose of the city's Web site, lead us to REVERSE the district court's grant of summary judgment because [the publisher] has raised a material issue of fact regarding whether the city discriminated against him and his Web site based upon viewpoint." Putnam Pit, Inc., 221 F.3d at 846. 316 Vargas, 46 Cal. 4th at 37, n.18. Public Records Act Page 69 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records The Supreme Court concluded that the city's web page was not a public forum because the city had not opened its website to permit others to post material of their choice.317 D. Public Forum Analysis The Putnam Pit and Vargas courts applied the public forum analysis of the First Amendment to the city's action with respect to the website, treating the website as analogous to physical public property. As previously mentioned, the United States Supreme Court has established that, for such analyses, the extent of permissible government restrictions on expressive activity are governed by whether the activity occurs in (i) a traditional public forum; (ii) a designated public forum; or (iii) a nonpublic forum.318 (1) Traditional public forum Traditional public forums are "places which by long tradition or by government fiat have been devoted to assembly and debate." Typically such places have included public streets, sidewalks and parks.319 Government regulations that restrict the "content" of expressive activity in such forums "must withstand strict scrutiny."32o This means that if the government wishes to restrict expressive activity based on content, such restrictions must serve a "compelling state interest" and must be "narrowly tailored" to serve that interest. However, if the government imposes content -neutral restrictions on the "time, place and manner" of expressive activity in public forums, then such restrictions must serve a "significant public interest," must be "narrowly tailored" to that interest and must leave open "alternative avenues of communication."321 (2) Designated public forum The Supreme Court has held that "[i]n a designated public forum, the government `intentionally opens a nontraditional public forum for public discourse.'" 322 An example of a designated public forum is the public comment session at a city council meeting. In a designated public forum, the government may restrict the content of the expressive activity to that which is within the scope of the public 317 Id. 318 Perry Ed. Ass'n v. Perry Local Ed. Ass'n, 460 U.S. 37, 45-46 (1983). 319 Putnam Pit, Inc., 221 F.3d at 842 (citing Perry, 460 U.S. at 45). 320 Id. at 843. 321 Id. (citing Perry, 460 U.S. at 45). 322 Id. (citing Cornelius v. NAACP Legal Defense & Educ. Fund, Inc., 473 U.S. 788, 802 (1985)). Public Records Act Page 70 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records forum. For example, in the case of a city council meeting, the government may restrict speech to only permit discussion of city business.323 Once the government opens a nontraditional public forum to a class of persons, the restrictions applicable to those to whom the forum is opened must also withstand strict scrutiny. Thus, as in the case of public forums, regulations governing designated speakers in designated public forums must serve a "compelling state interest" and must be "narrowly tailored" to serve that interest.324 Accordingly, it is important for a city to avoid creating a designated public forum on its website so as not to establish rights where none previously existed, or at least to have a clear policy on who may post on the city's website. (3) Nonpublic forum Nonpublic forums are those places that are not typically used for public debate or the free exchange of ideas. Accordingly, "the First Amendment does not forbid a viewpoint -neutral exclusion of speakers who would disrupt a nonpublic forum and hinder its effectiveness for its intended purpose."325 Examples of nonpublic forums include highway rest areas and advertising on a municipal bus.326 In a nonpublic forum government may prohibit speech or expressive activity, so long as such restrictions are reasonable in light of the government's interest and do not attempt to suppress the speaker's activity based on disagreement with the speaker's views.327 (4) Public entity websites as nonpublic forums The Sixth Circuit Court of Appeals in Putnam Pit concluded that the City of Cookeville's website was a "nonpublic" forum under the First Amendment because the website was not open to the public, and before and after the city adopted a website link policy, links had been established on an individualized basis.328 This determination is significant because a government entity, as previously discussed, has more discretion to regulate public expression in a nonpublic forum than it does in a "traditional public forum" (such as a park) or in a "designated public forum" (a place expressly opened for free speech by the public). The court also emphasized that the city had legitimate interests "in 323 See White v. City of Norwalk, 900 F. 2d 1421, 1425 (9th Cir. 1990) (concluding that city councils have authority to limit speech through the imposition of agendas and rules of order and decorum). 324 Perry, 460 U.S. at 46. 325 Putnam Pit, 221 F. 3d at 845 (quoting Cornelius, 473 U.S. at 811). 326 Jacobson v. Bonine, 123 F. 3d 1272, 1274 (9th Cir. 1997); Children of the Rosary v. City of Phoenix, 154 F. 3d 972, 978 (9th Cir. 1998) . 327 Perry, 460 U.S. at 46. 328 Putnam Pit. Inc.. 221 F.3d at 844. Public Records Act Page 71 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records keeping links that are consistent with the purpose of the site —providing information about city services, attractions and official s."329 Despite the fact that the court in Putnam Pit determined that the city's website was a nonpublic forum, giving the city broad discretion to limit access to its website links, the court stated that the city could not deny links "solely based on the controversial views" the publisher espouses.33o The court concluded that the city's "requirement that websites eligible to be linked to the city's site promote the city's tourism, industry and economic welfare gives broad discretion to city officials, raising the possibility of discriminatory application of the policy based on viewpoint."331 Accordingly, the court remanded the case to the district court for further proceedings on the issue of whether the city improperly exercised its authority to restrict access to links on its website in a discriminatory manner in violation of the publisher's First Amendment rights. The Vargas court also concluded that the city's website was a nonpublic forum, and the city could exclude the initiative proponents from posting information on the site.332 In contrast to Putnam Pit, in Vargas the city did not permit access to the web page by either proponents or opponents of the ballot initiative.333 Limiting use of a city website only to city -related activities may result in a court finding that the public forum analysis is not appropriate under the facts, and that the issue should be evaluated instead under the doctrine of governmental speech.334 The U.S. Supreme Court has ruled that the Free Speech clause does not apply to government speech, because the Free Speech Clause restricts government regulation of private speech and does not regulate government speech.335 Under the government speech doctrine, the government has the right to speak for itself and a government entity may exercise this same freedom to express its views when it receives assistance from private sources for the purpose of delivering a government -controlled message.336 In Sutliffe v. Epping School District, an advocacy group challenged the Town of Epping after the town refused to include the group's hyperlink on the town's website.337 The group wanted to present opinions countering the town's budget proposals regarding town and school activities. The group contended its hyperlink should have been allowed because the town had included a hyperlink 329 Id. at 845. 330 Id 331 Id. at 845-46 (citations omitted). 332 Vargas, 46 Cal. 4th at 37 n.18. 333 See Id. 334 Pleasant Grove City v. Summum, 555 U.S. 460, 467 (2009). 335 Id 336 Id. at 468. 337 Sutliffe v. Epping School District, 584 F.3d 314, 333 (1 st Cir. 2009). Public Records Act Page 72 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records to a one -day event put on by "SUE", which was part of a state university - sponsored program and was to be held among town residents to foster community spirit, civic discourse, and the organization of community -defined projects and action groups. By unwritten practice, the town had previously allowed only hyperlinks that would promote providing information about the town, and did not permit links that were political or advocated for certain candidates. A written policy established after the group's request limited hyperlinks to those for governmental agencies or events and programs coordinated or sponsored by the town. The federal appeals court ruled in Sufliffe that a government entity has the right to express itself on means of communication that the government owned. The town engaged in government speech because the town created the website and selected which hyperlinks to place on its website to convey information about the town to its citizens and the outside world and, by choosing only certain hyperlinks to place on that website, communicated an important message about itself.338 Hyperlinks were added only with approval by the Board of Selectmen. The court also rejected the group's claim that the town engaged in viewpoint discrimination, because the SUE event was a town -sponsored and financially - supported event, and nonpartisan.339 The court also concluded that a public forum analysis did not apply under the facts, because the town's website is not a traditional public forum, and the website was not a designated public forum because there was no evidence that the town intentionally opened a nontraditional public forum for public discourse.340 Accordingly, in drafting and administering website link policies, a public agency should be mindful that "nonpublic forum status does not mean that the government can restrict speech in whatever way it likes."341 A public agency may not deny requests to post information and links simply because they do not agree with a requesting party's views or the views espoused on the requesting party's website, but an across-the-board policy that does not discriminate on the basis of viewpoint should withstand judicial scrutiny. Reserving the website only for the public agency's activities and purposes may also help the public agency demonstrate that it is engaging in government speech, and has not created a public forum. E. Chat Rooms, Forums, and Social Media Note that the conclusion would have likely been different in Vargas if the website had contained a chat room, or other technology promoting open public 338 Id. at 331. 339 Id. at 331-332. 340 Id. at 333-334. 341 Putnam Pit Inc., 221 F.3d at 846 (citations omitted). Public Records Act Page 73 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records discussion. The term "chat room" generally refers to an area of a website that allows for a real-time interactive discussion between whoever wishes to participate, with every participant seeing what every other participant types in. Chat rooms allow visitors to access web pages to state their views on a topic of discussion, and in unmoderated chat rooms, to say anything about any subject. Many popular social media services, including Facebook, Twitter, and Instagram, include a system of public comment threads that similarly promote public discussion. In Vargas, the California Supreme Court did not address chat rooms or social media services. However, in the prior appellate court decision, which was superseded on other grounds by the California Supreme Court, the appellate court had little trouble concluding that a chat room on a city web page would constitute a public forum: As noted above, "electronic communication media may constitute public forums. Websites that are accessible free of charge to any member of the public where members of the public may read the views and information posted, and post their own opinions, meet the definition of a public forum ...."342 Ampex Corp. v. Cargle and ComputerXpress, Inc. v. Jackson, were "anti-SLAPP" motions brought by defendants in defamation and libel actions, which are motions to strike a "Strategic Lawsuit Against Public Participation." In order to have a viable anti-SLAPP motion, the statements at issue must be made in a public forum, and both opinions concluded that chat rooms on the websites were public forums. The federal courts increasingly hold that chat rooms and other forms of social media may constitute public forums. In 2017, the U.S. Supreme Court described cyberspace, and social media, as follows: "While in the past there may have been difficulty in identifying the most important places (in a spatial sense) for the exchange of views, today the answer is clear. It is cyberspace —the `vast democratic forums of the Internet' in general [citation omitted], and social media in particular."343 In a 2022 decision, Gamier v. O'Connor-Ratcliff, the Ninth Circuit Court of Appeals ruled that Facebook and Twitter pages set up by two members of a local school 342 Vargas v. City of Salinas, 37 Cal. Rptr. 3d 506, 527 (2005) (citing Ampex Corp. v. Cargle, 128 Cal. App. 4th 1569, 1576 (1 Dist. 2005); ComputerXpress, Inc. v. Jackson, 93 Cal. App. 4th 993, 1006-07 (4 Dist. 2001)). 343 See Packingham v. North Carolina, 137 S. Ct. 1730, 1735-36 (2017) (Supreme Court ruled that a North Carolina statute prohibiting sex offenders from accessing social networking websites violated the First Amendment because even assuming that the statute was content neutral, the statute could not survive intermediate scrutiny because it was not narrowly tailored to serve a significant governmental interest). Public Records Act Page 74 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records board violated two parents' First Amendment rights by deleting their comments and then eventually blocking the parents from their social media pages entirely.344 As reflected in the circuit court's recitation of the facts, the two trustees created public Facebook and Twitter pages to promote their re-election campaigns.345 The trustees were eventually elected to the school board, but continued to use their social media pages to publicize information about the school board and its board of trustees. The plaintiff parents frequently posted comments critical of the board of trustees, including 226 identical replies within a 10-minute period, which the trustees repeatedly deleted or hid. The trustees eventually blocked the parents entirely from their social media pages. The Ninth Circuit concluded that the trustees' social media pages were designated public fora because initially they were "open and available to the public without any restriction on the form or content of comments."346 Further, the trustees would solicit feedback from their constituents and responded to posts left in their comment sections.347 The trustees violated the parents' First Amendment rights by blocking only them from the social media pages when the parents' critical posts had not actually disrupted the comment sections.348 Reasonable rules of etiquette addressing repetitive or lengthy posts could have addressed the trustees' purported concerns.349 A similar conclusion would likely result when evaluating a "forum" or "message board" on a city web page, which are similar to chat rooms but do not occur in real-time; instead, people post messages one at a time that are typically grouped by topic and preserved on the web page in chronological order, for anyone to read. As their names suggests, a "forum" or "message board" on a city web page would potentially constitute a "public forum." F. Accessibility Requirements One other concern in designing a local agency's website is whether it is accessible to individuals with disabilities. Under the Americans with Disabilities Act (the "ADA"), local governments must ensure that they provide qualified 344 Gamier v. O'Connor-Ratcliff, 41 FAth 1 158 (9th Cir. 2022). See also Knight First Amendment Institute v. Trump, 928 F. 3d 226, 237-238 (2nd. Cir. 2019), cert. granted, judgment vacated by Biden v. Knight First Amendment Institute At Columbia University, 141 S.Ct. 1220, (Apr. 05, 2021); dismissed as moot, 2021 WL 5548367 (2nd Cir., May 26, 2021). In the vacated opinion, the Second Circuit previously held that President Trump unconstitutionally excluded individuals from a public forum by blocking individual users who criticized him or his policies from his Twitter account, thus preventing them from "viewing, retweeting, replying to, and liking his tweets". 345 Id. at 1163. 346 Id. at 1178. 347 Id. 348 Id. at 1 181 . 349 Id. at 1182. Public Records Act Page 75 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records individuals with disabilities equal access to their programs and services, including by making reasonable modifications to rules, policies, or practices; removing architectural, communication, or transportation barriers; or providing auxiliary aids or services, unless doing so would fundamentally alter the nature of their programs or services or would impose an undue burden.35o Local governments must take appropriate steps to ensure that their communications with applicants, participants, members of the public, and companions are as effective as communications with others, and furnish appropriate auxiliary aids and services where necessary to afford individuals with disabilities an equal opportunity to participate in and enjoy the benefits of a government service, program or aCtivity.351 Based on these requirements, the U.S. Department of Justice takes the position that state and local government websites must be designed to be accessible to individuals with disabilities. In March 2022, the U.S. Department of Justice issued guidance describing how state and local governments and businesses open to the public can make sure that their websites are accessible to people with disabilities as required by the ADA.352 The DOJ will pursue enforcement actions, settlements and consent decrees to ensure that governmental websites are accessible.353 In designing and maintaining an agency's web page to ensure compliance with First Amendment and Brown Act requirements, an agency should make sure it is designed for accessibility as well, in order to minimize the potential for litigation and adverse decisions. There are currently no federal regulations addressing website accessibility requirements for state and local governments. In July 2022, the U.S. Department of Justice announced its intention to initiate the rule -making process in April 2023, with a comment period ending June 2023.354 Pending adoption of federal standards, many state and local governments have used draft regulations issued during a prior Department of Justice rule -making process that started in 2010, but 350 42 U.S.C. § 12131 et seq. 351 28 C.F.R. 35.160(a) and (b) (1). 352 See U.S. Department of Justice Guidance on Guidance on Web Accessibility and the ADA (issued March 18, 2022), DOJ 22-262 (D.O.J.), 2022 WL 820126; also available at https://www.ada.gov/resources/web-guidance/. 353 See U.S. Dep't of Justice, Accessibility of State and Local Government Websites to People with Disabilities (available at http://www.ada.gov/websites2.htm or https://www.ada.gov/websites2 prnt.pdf; U.S. Dep't of Justice, ADA Best Practices Tool Kit for State and Local Governments, Chapter 5, "Website Accessibility Under Title II of the ADA" (available at https://www.ada.qoy/ocatoolkit/chap5toolkit.htm or https://www.ada.gov/ocatoolkit/ch3 toolkit.odf). See Borden v. City of Sacramento, 292 F. 3d 1073, 1076-1077 (9th Cir. 2002) (holding that the ADA must be construed broadly to apply to normal functions of a municipal entity in order to effectively implement the ADA's fundamental purpose of providing a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities). 354 The notice is available in the Department of Justice's Unified Agenda at: https://www.reginfo.gov/public/do/eAgendaViewRule?RIN=1 190- AA79&publd=202204&utm_mediu m=email &utm_source=govdelivery. Public Records Act Page 76 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records was ended in 2017.355 Those draft standards are often used by state and local governments as a guide for best practices in considering accessibility issues. In addition, even without specific technical standards applicable to local governments, there are a number of regulations and guidelines that may be used to design accessible public websites. Other federal laws may impose accessibility requirements on local government websites, depending on the circumstances. For example, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability by federal agencies and recipients of federal assistance, and consequently recipients of federal funds may need to meet federal accessibility requirements.356 Section 508 of the Workforce Rehabilitation Act of 1973, as amended, also requires programs and activities funded by federal agencies to be accessible to people with disabilities, including federal employees and members of the public, and covers ICT developed, procured, maintained, or used by federal agencies.357 The Telecommunications Act of 1996 requires in part that telecommunications products and services be accessible to people with disabilities.358 Potential sources of website design standards include: • The Federal Information and Communications Technology (ICT) Final Standards and Guidelines, set forth at 36 C.F.R. parts 1 193 and 1 194;359 and • The World Wide Web Consortium (W3C) Web Content Accessibility Guidelines.360 While these sources do not expressly apply to city websites, they provide various methods of ensuring that a web page is accessible, including providing text equivalents for graphics, ensuring that information conveyed with color is also available without color, and using high contrast color choices. Many state and 355 See 75 Fed. Reg. 43460 (July 26, 2010), 2010 WL 2888003(F.R.); 81 Fed. Reg. 28658 (May 9, 2016), 2016 WL 2609932(F.R.); and 82 Fed. Reg. 60932 (December 26, 2017), 2017 WL 6555806(F.R.). 356 29 U.S.C. § 794. 357 29 U.S.C. § 794d; see 36 C.F.R. Part 1 194; Appendix A to Part 1 194—Section 508 of the Rehabilitation Act: Application and Scoping Requirements; Appendix C to Part 1 194—Functional Performance Criteria and Technical Requirements; and Appendix D to Part 1194—Electronic and Information Technology Accessibility Standards as Originally Published on December 21, 2000. 358 47 U.S.C. §§ 153 and 255. 359 82 Fed. Reg. 5790-01 (1/18/17), 2017 WL 168818, as amended 83 Fed. Reg. 2912 (1/22/18), 2018 WL 488398. These federal regulations were enacted pursuant to Section 508 of the Workforce Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and the Telecommunications Act of 1996 (47 U.S.C. §§ 153 and 255). 360 Available at http://www.w3.org/. The revised Section 508 standards contained in the federal regulations are based on WCAG 2.0 developed by the World Wide Web Consortium (W3C). Public Records Act Page 77 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records local agencies have incorporated the federal requirements into the design of their information technology systems, including their websites.361 Providing accommodations for persons with disabilities to use public websites is not particularly onerous; in fact, the Department of Justice has stated that "implementing accessibility features is not difficult and will seldom change the layout or appearance of web pages."362 IV. CONCLUSIONS The law related to electronic documents continues to evolve as computer technology advances and public officials respond and adapt to those advances. The advent of email, text messages, and other forms of social media has expanded the opportunities for collaboration greatly, but has simultaneously expanded the potential for inadvertent Brown Act violations, as well as unwanted disclosure of preliminary or sensitive information when emails and text messages must be disclosed in response to a Public Records Act request. When using email, public officials should refrain from using "reply all" to avoid serial meetings, and should be aware of the disclosure requirements of the Brown Act for documents related to items discussed at a public meeting. Public officials should also be sensitive to the risk that the Public Records Act may require disclosure of emails or text messages in which they discuss public business, and not treat them as casual conversation. While the deliberative process privilege may apply to protect some such emails or text messages, the doctrine has been applied sparingly by California courts. A clear policy regarding the deletion of emails and text messages will also help to reduce unwanted exposure, although an agency must be able to suspend its usual deletion procedures to preserve electronic records potentially relevant to state or federal litigation. Although federal and state laws continue to develop, electronic documents and information other than emails (for example, posts on social media websites, such as Facebook363 or Twitter,364 that are deemed to be a public forum or otherwise relate to an agency's public business) may be subject to disclosure under the California Public Records Act, California discovery rules, and Federal Rules of Civil 361 In California, state websites must meet both the web accessibility standards in California Government Code §§ 7405 and 11135, which adopted the Section 508 standards and the Priority 1 and 2 level checkpoints of the Web Content Accessibility Guidelines 2.0 (WCAG 2.0 "AA" Conformance Level) developed by the World Wide Web Consortium (W3C). 362 U.S. Dep't of Justice, Accessibility of State and Local Government Websites to People with Disabilities, htto://www.ada.gov/websites2.htm. 363 See discussion in Part III(G), above, regarding Davison v. Randall, 912 F. 3d 666 (county official's Facebook page deemed a public form). See also German v. Eudaly, 2018 WL 3212020 (D. Ore. 2018) [on facts presented, judge ruled that a city commissioner did not violate a public activist's right to petition the government when the commissioner blocked the activist from seeing the commissioner's nonofficial Facebook page and denied a public records request to see the Facebook page, but granted the activist leave to amend her complaint to show that the commissioner acted in her official capacity when using her nonofficial Facebook page]. 364 See discussion in Part III(E), fn. 350, above, regarding One Wisconsin Now v. Kremer, 354 F. Supp. 3d 940 (interactive portions of state legislators' Twitter accounts constituted a designated public forum under the First Amendment). Public Records Act Page 78 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records Procedure 26(a). An agency must make electronic records available in an electronic format if requested in response to a Public Records Act request. An agency may also have to disclose electronic records in litigation and even metadata may be discoverable. Thus, it is important to avoid the automatic creation of metadata, to the extent possible. Public officials should also consult with their information technology departments to ensure that metadata is not inadvertently inserted into electronic records when they are created. With respect to websites, caution must be taken to ensure a public agency's website does not indicate support or approval of, or promote or advocate for, a candidate for elective office. Likewise, a public agency website cannot be used to advocate for or against an initiative election. In addition to avoiding express advocacy that unambiguously suggests a particular position in a campaign, public officials must also avoid any actions which, based on their "style, tenor and timing," may lead to a determination that a public agency website contains impermissible advocacy. The content of a website link policy, and the manner in which such a policy is implemented, are critical in a public agency's ability to regulate the information and links that will be permitted on its website. It is important that a public agency does not arbitrarily discriminate in denying requests for website links. The establishment and adherence to a specific written policy regarding website links would likely assist a public agency in avoiding the litigation challenges faced by the City of Cookeville in the Putnam Pit case, and should assist generally in avoiding violations of the First Amendment. A uniform policy, such as that upheld in the Vargas opinion, may serve as a viable defense to such challenges. We have several recommendations for drafting website policies. First, the website link policy should contain a "statement of purpose" indicating that neither the public agency's website nor its links list are "forums" for expressive activity by the public. The following is our suggested language for that portion of the policy, for the hypothetical City of Anytown: "This policy governs the establishment of external links on the City of Anytown's official website. For purposes of this policy, an `external link' is a hyperlink from the City of Anytown's website to a website maintained by another party. Neither the City of Anytown's website nor the external links listed on such website constitute a forum for expressive activity by members of the public. Rather, the purpose of the City of Anytown's website and the external links list is to provide information about officials, services, and attractions related to City of Anytown. This policy is declaratory of the City of Anytown's existing Public Records Act Page 79 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records administrative practice regarding the establishment of external links on its website." Second, the website link policy should specifically designate the types of organizations that are eligible to have a link established to their website. We think eligibility may be limited to nonprofit entities (as Cookeville chose to do), but it does not have to be so restricted. We also recommend that the website specifically exclude links to sites that have as their purpose the election or defeat of specific candidates or the passage or defeat of specific ballot measures, regardless of political position. In our opinion, implementation of these suggestions will strengthen a public agency's position if it ever becomes necessary to defend a decision to deny a request for a link from a public agency's website. Finally, the agency should ensure that its web page c